Vol. 28, No. 9, September 2024 | |
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Delaware Developments
by Benjamin K. Durstein, Esq.
The Delaware Superior Court affirms Industrial Accident Board’s decision and rejects claimant’s argument on appeal that the Board’s decision to allow certain questioning from the employer’s attorney constituted a reversible abuse of discretion.
Rosenblum v. City of Wilmington, 2024 WL 3876630 (Del. Super. August 20, 2024). READ MORE
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Florida Developments
by Linda Wagner Farrell, Esq.
Essential hypertension without evidence of disability did not meet the presumption of compensability under the Heart/Lung Bill, Fla. Stat. 112.18(1).
Cloris Vazquez v. City of Miami Beach and Corvel Corporation, OJCC# 22-015627, Miami District, Decision Date May 5, 2023, PCA Date August 19, 2024. READ MORE
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New Jersey Developments
by Kiara K. Hartwell, Esq.
Appellate Division affirmed granting of motion to dismiss a third-party complaint for failure to state a claim.
Tejada v. 74 Industries, Inc., et al., No. A-2643-21 (July 12, 2024). READ MORE
Order denying motion to dismiss for lack of coverage and finding an employer liable as a special employer affirmed by the Appellate Division.
Urena v. A&D Freight Logistics, LLC, et al., No. A-2302-21 (July 29, 2024). READ MORE
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Pennsylvania Developments
by Francis X. Wickersham, Esq.
Subcontractor is employer directly liable to pay compensation and entitled to pension offset under §204(a), claimant voluntarily withdrew from workforce, entitled subcontractor to suspension of wage loss benefits.
Thomas A. England v. Merion Construction, M. Schnoll & Sons, Schnoll Painting, Seabright Insurance and New Hampshire Insurance (WCAB); No. 304 C.D. 2021, No. 305 C.D. 2021; filed August 7, 2024; Judge Wallace. READ MORE
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PENNSYLVANIA HEART AND LUNG ACT CLAIMS | |
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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 address any subrogation issues.
For more information, please contact:
Kacey C. Wiedt, Esquire
Assistant Director, Workers’ Compensation Department
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
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What's Hot in Workers' Comp, Vol. 35, No. 9, September 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. | | | | |
