Vol. 29, No. 1, January 2025

Delaware

by Benjamin K. Durstein, Esq.


Delaware Superior Court reverses Industrial Accident Board decision, holding the Board erred as a matter of law and abused its discretion when it awarded compensation to a claimant whose intoxication proximately caused a motor vehicle accident.

United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024).

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Florida

by Linda Wagner Farrell, Esq.


Judge of Compensation Claims abused his discretion in denying a motion to continue a final hearing when the reasoning behind the request was out of the appellant’s control.

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024.

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New Jersey

by Kiara K. Hartwell, Esq.


NJ Supreme Court affirms dismissal of third-party complaint against insurer. Negligence, gross negligence, recklessness claims are subject to workers’ compensation exclusivity bar. All claims—including intentional wrongdoing—are excluded under the policy.

Rodrigues v. Shelbourne Spring, LLC, No. A-39-23 (December 12, 2024).

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New Jersey Appellate Division finds the decedent, a full-time teacher who died of COVID-19, was an essential employee.

Amato v. Twp. of Ocean Sch. Dist., No. A-2542-23 & A-2543-23 (November 25, 2024, approved for publication).

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Pennsylvania

by Francis X. Wickersham, Esq.


The employers were not required to reimburse a DHS lien for the claimant’s medical treatment until the medical providers submitted the required bills and reports to the employers.

Dura-Bond Coating, Inc. v. Ryan (WCAB); No. 1137 C.D. 2023, Filed November 18, 2024; Judge Covey.

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Claimant’s evidence satisfied the three-prong test to support the Section 301(f) presumption that a firefighter’s chronic myeloid leukemia was caused by workplace exposure to a carcinogen.

Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf.

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Under Section 410 of the Act, the claimant’s widow was not barred from receiving a workers’ compensation judge’s award of specific loss benefits made to a claimant who passed away from his work injuries during litigation.

Elmer Riehl v. Beiler Brothers, LLC (WCAB); No. 1563 C.D. 2023; Filed November 18, 2024; Judge Fizzano Cannon.

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FEE REVIEWS

Workers’ compensation is becoming increasingly sophisticated in Pennsylvania, and our practice group is dedicated to supporting our clients in all areas of the law that affect workers’ compensation claims. In particular, fee review filings have accelerated recently, and we are very familiar with the legal issues associated with the fee review process and its interplay with active workers’ compensation litigation. By becoming involved at the onset of a fee review filing, we are better positioned to defend the interests of employers/carriers.

 

Medical providers use fee reviews to challenge the timeliness or amount of medical payments made by employers/carriers. Providers are given two opportunities to file a timely application for fee review: (1) within 90 days of their original billing date, or (2) within 30 days after they are provided with notice of a dispute, whichever is later. The fee review process presupposes that liability has been established. Thus, providers’ allegations are accepted at face value during the initial stages. As an unfortunate consequence, employers/carriers may face unjust initial determinations. Disputing a fee review determination requires a de novo appeal, which must be filed within 30 days of the date of the determination. Our attorneys have extensive experience navigating the issues that then arise during fee review hearings, and we provide excellent guidance based on our thorough understanding of CPT codes and types of treatment. Our goal is to handle each case in an efficient and cost-effective manner.

 

For more information on fee review matters, please contact:

 

Daniel W. Deitrick, Esquire

412.803.1181 | dwdeitrick@mdwcg.com

 

Robin M. Romano, Esquire

215.575.2705 | rmromano@mdwcg.com 

CLICK HERE FOR NEWS & 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


marshalldennehey.com

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What's Hot in Workers' Comp, Vol. 29, No. 1, January 2025 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 © 2025 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.