Vol. 28, No. 7, July 2024

Delaware Developments

The Delaware Supreme Court affirms decision that a COVID-19 workplace exposure at a poultry processing plant did not qualify as a compensable occupational disease.

Fowler v. Perdue, 2024 WL 3196775, --- A.3d --- (Del. June 24, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.

A pending petition for fees and costs only does not toll statute of limitations, nor does payment of attorney’s fees and/or costs, as these petitions are pending and relate to jurisdiction only.

American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, DCA#: 23-0379; May 22, 2024. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.

Appellate Division affirmed dismissal of worker’s compensation claim for lack of compensability.

Avery v. Next Mile, LLC/DSP, No. A-2506-22 (May 23, 2024). READ MORE

Pennsylvania Developments

by Francis X. Wickersham, Esq.

Commonwealth Court holds that claimant who was sole proprietor is required to provide notice of work-related injury to workers’ compensation insurance carrier within 120 days of occurrence of the injury.

Erie Insurance Property & Casualty Company v. David Heater (WCAB), No. 148 C.D. 2023; filed May 29, 2024; President Judge Cohn Jubelirer. READ MORE.

Commonwealth Court affirms denial of Claim Petition that alleged occupational disease of lead toxicity.

Jerry Mercer v. Active Radiator MPN, Inc. (WCAB); No. 1326 C.D. 2023; filed June 3, 2024; Judge Fizzano Cannon. READ MORE.

PENNSYLVANIA HEART AND LUNG ACT CLAIMS

In addition to handling traditional workers’ compensation claims, our attorneys also advise local municipalities and counties throughout Pennsylvania on heart and lung claims. The Heart and Lung Act provides full wage loss benefits to certain eligible municipal, county and state workers who are injured in the performance of their job duties. With a depth of experience in this area, we are well versed in the associated law and adept at defending clients facing these types of claims. Our attorneys understand the complex interplay between the Pennsylvania Heart and Lung Act and the Workers’ Compensation Act and will provide the necessary guidance in pre-litigation settings, address all issues to challenge entitlement to Heart and Lung benefits, and explain its impact on a workers’ compensation claim. Our approach focuses on mitigating future exposure and providing practical advice to avoid pitfalls in handling Heart and Lung Act claims. We work with our clients to evaluate and achieve reasonable resolution of both the heart and lung and worker’s compensation claims, as well as to address any subrogation issues.

For more information, please contact:

Kacey C. Wiedt, Esquire

Assistant Director, Workers’ Compensation Department

717.651.3511

kcwiedt@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. 7, July 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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