Vol. 28, No. 1, January 2024

Celebrating 35 Years in Publication!

As we ring in the New Year, I want to thank everyone for your trust and partnership in defending your workers’ compensation litigation. I have the privilege of not only working with many of you, but also with our talented group of attorneys who work diligently to achieve positive results for all of you. It is our continued goal for 2024 to serve as your trusted partner and advisor on all aspects of workers’ compensation.

2024 marks a milestone for us, as our What’s Hot in Workers’ Comp newsletter celebrates 35 years in publication! If we do the math (34 years, 12 issues per year = 408 issues), I think we can agree that this has been a roaring success for our firm and a trusted and insightful newsletter for all of you. To give you some context on this milestone, I joined the firm just one year before the first issue was published in 1989. Being with the firm 35 years and joining the Workers’ Compensation Department approximately 33 years ago, I am particularly proud of the collaborative effort by all the attorneys who built this publication into what is today. I look forward to the next 35 years of its publication (even though I may be long retired by then!).

This year will also see the Medicare Compliance Practice Group continuing to flourish under new leadership. As many of you may know, Ross Carrozza retired at year end, and Anthony Natale, a senior shareholder based in our King of Prussia office, is assuming the role of Chair of the practice group. Tony has 30+ years of experience handling workers’ compensation litigation and has been working closely with Ross to ensure a smooth transition. In addition, Kara DeMarco, based in our Scranton office, will continue to be part of our Medicare team. She has been in practice for 25 years and is highly experienced in handling claims within this nuanced and technical practice area. Both Tony and Kara will also maintain their extensive workers’ compensation practices.

We look forward to another successful year—one filled with achieving excellent results, 12 exciting issues of What’s Hot in Workers’ Comp, and providing you with the dedicated and responsive service you have come to expect from Marshall Dennehey.

Wishing everyone a happy, healthy and prosperous New Year!

Michele R. Punturi, Esquire

Director, Workers’ Compensation Department

Delaware Developments

by Benjamin K. Durstein, Esq.

Superior Court affirms decision that claimant failed to prove she contracted COVID-19 at work but does not reach issue of whether COVID-19 qualifies as an occupational disease for a nurse who worked in the “COVID wing” of a hospital. Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.

The employer/carrier was unable to overcome presumption, and COVID-19 found to be work-related for firefighter, requiring heart transplant. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.

Appellate Division affirmed a Law Division order dismissing the plaintiff’s complaint with prejudice for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Hudson Reg’l Hosp. v. New Hampshire Ins. Co., No. A-0978-21 (Nov. 16, 2023). READ MORE

New Jersey Supreme Court affirmed Appellate Division’s findings, noting the petitioner was in the course and scope of his employment under the Authorized Vehicle Rule as he was using a company car expressly authorized by the employer. Keim v. Above All Termite & Pest Control, No. A-30-22 (Supreme Court, Nov. 21, 2023). READ MORE

Appellate Division affirmed the trial court, noting the defendants’ actions did not reach the high bar to apply the intentional wrong exception. Heuman v. Heuman, et al., No. A-1593-21 (Dec. 11, 2023). READ MORE

Appellate Division affirmed the workers’ compensation judge’s orders, granting the petitioner’s application for Temporary Total Disability benefits and denying respondent’s Request for Reconsideration. Soto v. Hoosier Care, Inc., No. A-0507-22 (Dec. 11, 2023).

Pennsylvania Developments

by Francis X. Wickersham, Esq.

Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB); No: 1039 C.D. 2021; filed Nov. 14, 2023; Judge Covey. READ MORE

Commonwealth Court holds that a truck driver was not subjected to abnormal working conditions from a minor truck fire that was extinguished in two minutes and without physical injury occurring to anyone. Premium Transportation Staffing, Inc. v. Welker (WCAB); No. 1329 C.D. 2022; filed Nov. 30, 2023; Senior Judge Leavitt. READ MORE

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Should you have additional inquiries, please contact:

Michele R. Punturi, Esq.

Director, Workers' Compensation Department

2000 Market Street, Suite 2300

Philadelphia, PA 19103

Marshall Dennehey

marshalldennehey.com

What's Hot in Workers' Comp, Vol. 28, No. 1, January 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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