Vol. 28, No. 3, March 2024

Delaware Developments

Delaware Supreme Court affirms IAB decision and rejects employer’s arguments that Superior Court Civil Rule 41(a)(1) and the doctrine of collateral estoppel barred claimant from filing a petition for a recurrence of total disability benefits. United Parcel Service v. Hawkins, No. 233, 2023, 2024 WL 666726 (Del. Feb. 19, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.

Claimant attorney’s appeal of judge of compensation claims’ order denying a statutory fee on settlement overturned by First District Court of Appeal and held to be reasonable. Michael D. Rudolph, Appellant v. Darien Smith, The Home Depot U.S.A., Inc., and Liberty Mutual Insurance Company, Appellees; 1^st District Court of Appeal; No. 1D2022-1627; Decision date: Jan. 24, 2024. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.

Appellate Division affirmed workers’ compensation order finding an increase in permanency, but not total disability. Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024). READ MORE

Pennsylvania Developments

by Francis X. Wickersham, Esq.

Injuries sustained by a claimant while commuting were not compensable under the Act as the claimant was not a traveling employee with no fixed place of work. Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt. READ MORE.

MEDICAL MARIJUANA AND

WORKERS’ COMPENSATION

There has been a wave of medical marijuana legalization throughout the country in recent years. It is now legal in more than 38 states, including ones where we defend clients in workers’ compensation matters: Delaware, Florida, New Jersey, New York and Pennsylvania. Our attorneys are knowledgeable about the medical marijuana laws in these specific states and can provide sound advice on the many issues that arise in the workers’ compensation context. Some of these issues include insurance coverage, payment, the reasonableness and necessity of medical cannabis treatment for work injuries, work injuries that qualify as conditions treatable with medical cannabis, and workplace safety concerns. We are also committed to tracking important trends in medical marijuana law nationally to keep our clients well informed of significant developments and the impact they may have on the practice of workers’ compensation.

For more information, please contact:

Delaware:

Keri Morris-Johnston

302.552.4372

klmorris@mdwcg.com

Florida:

Linda Wagner Farrell, Esquire

904.358.4224

lwfarrell@mdwcg.com

New Jersey:

Kristy Olivo Salvitti, Esquire

856.414.6405

kosalvitti@mdwcg.com

New York:

Rachel A. Ramsay-Lowe, Esquire

973.618.4161

ralowe@mdwcg.com

Pennsylvania:

Francis X. Wickersham, Esquire

610.354.8263

fxwickersham@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.3, March 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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