Vol. 28, No. 4, April 2024

Delaware Developments

by Benjamin K. Durstein, Esq.


Superior Court affirms decision denying claimant’s motion to strike medical expert testimony regarding medical records produced for the first time after claimant’s medical expert’s deposition.

Trincia v. Dick’s Sporting Goods, 2024 WL 1110401 (Del. Super. Mar. 14, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.


The 120-day rule does not apply if the employer/carrier only accepted compensability and provided treatment for a temporary exacerbation.

Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.


Appellate Division affirmed workers’ compensation orders denying medical treatment and finding lack of causation.

Driscoll v. Costco, No. A-2789-21 (Feb. 20, 2024). READ MORE


Appellate Division finds no reason to disturb employer’s experts’ qualifications, to not accept their testimony, and rejects claim that experts only offered net opinions. Appellate Division found that experts provided the reasons for their conclusions.

Bello v. United Panam Financial Corp., No. A-2986-21 (Mar. 6, 2024). READ MORE

Pennsylvania Developments

by Francis X. Wickersham, Esq.


Act 111 is not an unconstitutional special law regulating labor, and an IRE physician’s evaluation is competent to support a modification of benefits despite not considering the most recent medical records and diagnostic studies.

Stephen Conrad v. Department of Transportation (WCAB); No. 557 C.D. 2022; filed Feb. 26, 2024; Judge McCullough. READ MORE.


Workers’ Compensation Appeal Board violates long-standing workers’ compensation principles by overturning credibility findings made by a worker’s compensation judge.

Katherine A. Lawry v. County of Butler (WCAB); No. 593 C.D. 2022; filed March 6, 2024; Judge Covey. READ MORE.

MEDICARE COMPLIANCE PRACTICE GROUP

As Medicare has become an increasingly important part of defense litigation, Marshall Dennehey has remained at the forefront of this emerging area of law. Our Medicare team has the comprehensive knowledge to effectively handle set-asides in all parts of the country. We are well-versed in federal and state liability systems, as well as the workers’ compensation systems. We offer cogent advice regarding case settlements, including the use of structured settlements and other strategies to bring cases to conclusion. Our services include handling Medicare set-aside allocations for workers’ compensation and liability cases; conditional payment searches; submissions to Medicare for set aside approval; and consultations regarding Medicare issues.


The members of our Medicare Compliance Practice Group are available to help you find the right strategy to achieve your goals. For more information, contact:


Anthony Natale, Esq. – Chair | 215.575.2745 | APNatale@MDWCG.com

Kara DeMarco, Esq. | 570.496.4640 | KMDeMarco@MDWCG.com 

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Philadelphia, PA 19103

 

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What's Hot in Workers' Comp, Vol. 28, No. 4, April 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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