Vol. 28, No. 10, October 2024

Delaware Developments

Relying on Delaware Superior Court memorandum opinion that determined the Industrial Accident Board correctly decided to terminate total disability benefits following a total knee replacement, Delaware Supreme Court affirms Boards’ decision.

Johnson v. Canalfront Builders, LLC, 2024 WL 862442 (Del. Super. Feb. 29, 2024), aff’d, --- A.3d ---, 2024 WL 3886193 (Del. Aug. 21, 2024) (TABLE).

Florida Developments

by Blake J. Hood, Esq.

Although claimants have a statutory right to file petitions for benefits, a recent order imposing sanctions on a claimant’s attorney highlights the non-frivolous litigation and ‘good faith’ limitations imposed on that statutory right.

Willie Arrington v. Advanced Disposal – West Palm Beach/Gallagher Bassett Services, Inc.; Decision date: 9/11/24.

New Jersey Developments

by Kiara K. Hartwell, Esq.

Appellate Division affirmed grant of summary judgment in favor of defendant.

Busby v. Seabrook Bros. & Sons, No. A-1925-21 (August 5, 2024).

Pennsylvania Developments

by Francis X. Wickersham, Esq.

The pension offset under Section 204(a) of the Act is not available to an employer where a compensable injury occurs within the context of a retiree’s subsequent, part-time employment with the former employer.

Bradford County & PCOMP (The Pennsylvania Counties Workers’ Compensation Trust) v. Paul Pasko; No. 926 C.D. 2022; filed August 14, 2024; Judge Cohn Jubelirer.

A workers’ compensation judge’s decision granting a Claim Petition is not reasoned as required under Section 422(a) of the Act when the judge’s injury descriptions are too general and lack specifics.

Berks Area Regional Transportation Authority v. Thomas Bennett (WCAB); No 942 C.D. 2023; filed August 21, 2024; Judge McCullough.

UNEMPLOYMENT COMPENSATION

It has become increasingly apparent that there is a cross-over between workers’ compensation and unemployment cases. While the two areas of law are mutually exclusive by way of collateral estoppel, it is clear the same issues are simultaneously being litigated in both forums. By using the unemployment and workers’ compensation forums to bolster defenses in both claims, we achieve successful results for our clients. Our unemployment practice is full service, with our attorneys handling claims at all levels of the courts. We welcome the opportunity to work with you in defending your unemployment compensation matters.

For more information, please contact:

Delaware: Linda L. Wilson, Esquire

(302) 552-4327 | LLWilson@mdwcg.com

Florida: Heather Byrer Carbone, Esquire

(904) 358-4225 | HBCarbone@mdwcg.com

New Jersey: Robert J. Fitzgerald, Esquire

(856) 414-6009 | RJFitzgerald@mdwcg.com

Pennsylvania: Anthony Natale III, Esquire

(215) 575-2745 | APNatale@mdwcg.com

Click here for News and Litigation Results

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. 10, October 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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