Vol. 28, No. 6, June 2024

Delaware Developments

Superior Court affirms IAB decision enforcing workers’ compensation settlement agreement and rejected claimant’s attorney’s argument of entitlement to common law “attorney’s charging lien” that was not a term of the settlement.

Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.

A judge of compensation claims must be specific when awarding non-professional attendant care to a family member.

Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.

The Appellate Division reversed and remanded a trial court order denying the plaintiffs’ motion to amend their complaint and dismissed their matter with prejudice.

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024).

Appellate Division finds that compulsion in an activity could render it a non-social or recreational activity.

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024). READ MORE

Pennsylvania Developments

by Fr ancis X. Wickersham, Esq.

Pharmacy staffed by pharmacist provided by an employee leasing agency is a provider as defined by Section 109 of the Act. When a physician has ownership interest in said pharmacy, a referral to the pharmacy violates the Act’s self-referral prohibition.

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer. READ MORE

INTERPLAY BETWEEN THE ADA, FMLA AND WORKERS’ COMPENSATION

The workers’ compensation attorneys at Marshall Dennehey have expansive knowledge of the ADA, FMLA and workers’ compensation statutes that all impact termination of employment. We fully understand the complex relationship between these statutes, and we provide our clients the necessary guidance during the pre-litigation phase. We also advise our clients on the potential impact of a wrongful termination and offer detailed recommendations to facilitate a lawful employment termination.

Our legal approach focuses on mitigating future exposure by giving practical advice to avoid pitfalls when navigating the decision to terminate an employee. We work with our clients to evaluate and address all legal issues involving the ADA, FMLA and workers’ compensation as they pertain to avoiding a wrongful termination claim.

Our talented team of attorneys stands ready to guide you through this specialized area of the law.

For more information, please contact:

Delaware:

Keri L. Morris-Johnston, Esquire

302.552.4372 klmorris@mdwcg.com

Florida:

Heather Byrer Carbone, Esquire

904.358.4225 hbcarbone@mdwcg.com

New Jersey/New York:

Rachel A. Ramsay-Lowe, Esquire

973.618.4161 ralowe@mdwcg.com

Pennsylvania:

Kacey C. Wiedt, Esquire

717.651.3511 kcwiedt@mdwcg.com

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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. 6, June 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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