Delaware Developments

by Benjamin K. Durstein, Esq.

Delaware Superior Court affirms an Industrial Accident Board decision that a claimant injured while performing an employer-related volunteer activity was not within the course and scope of employment.

Testa-Carr v. Sallie Mae, N23A-04-004 CEB (Del. Super. Feb. 8, 2024). Read More

Florida Developments

by Linda Wagner Farrell, Esq.

Judges of compensation claims have the authority to take a flexible and holistic approach to permanent total disability claims as the triers of fact. The Blake methods are guidelines, not requirements.

Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037;

JCC: Massey; Decision date: Nov. 29, 2023 Read More

New Jersey Developments

by Kiara K. Hartwell, Esq.

Appellate Divisions affirms a workers’ compensation judge’s decision that the claimant’s testimony was not credible and his medical expert’s theory was not supported by objective evidence.

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023). Read More

Appellate Division confirms that the trial judge correctly applied the intentional-wrong exception to the insurer’s policy.

Dionicio Rodriguez v. Shelbourne Spring, LLC, et al. and Sir Electric, LLC v. Hartford Underwriters Ins. Co., No. A-2079-22 (Dec. 22, 2023). Read More

Pennsylvania Developments

by Francis X. Wickersham, Esq.

Workers’ Compensation Appeal Board did not err in granting employer’s petition for a de novo hearing to present after-discovered evidence of a medical provider’s prohibited self-referral to a pharmacy that a workers’ compensation judge would not allow.

Bernice Bennett v. Jeld Wen, Inc. (WCAB); No. 1454 C.D. 2022; filed Oct. 6, 2023; President Judge Cohn Jubelirer (previously unreported and designated reported by Order dated Dec. 15, 2023). Read More

Although claimant cannot be working with a concurrent employer on date of work injury with another employer, the relationship with the concurrent employer was sufficiently intact that concurrent wages must be included in calculating average weekly wage.

Resources for Human Development, Inc. and Gallagher Bassett Services v. Sherry Dixon (WCAB); No. 494 C.D. 2022; filed Dec. 20, 2023; President Judge Cohn Jubelirer. Read More

Bureau directed to identify and publish in Pennsylvania Bulletin a different, nationally recognized schedule for valuing pharmaceuticals.

Federated Insurance Company v. Summit Pharmacy (Bureau of Workers’ Compensation Fee Review Hearing Office); No. 115 C.D. 2023; filed Jan. 2, 2024; President Judge Cohn Jubelirer. Read More