What's Hot in Workers' Comp Vol. 29 No. 2 February 2025

Vol. 29, No. 2, February 2025

Delaware

Petition to terminate total disability benefits for claimant who had light-duty restrictions that could not be accommodated denied; claimant had reasonable expectation of returning to pre-injury job with same employer when his condition improved.

Bowman v. Allen Harim Foods, IAB No. 1541176 (Dec. 18, 2024). READ MORE.

Florida

by Blake J. Hood, Esq.

Treatment with authorized provider tolls statute of limitations, although treatment occurred without employer/carrier’s knowledge and was billed to private health insurance, as it was similar in nature to previously authorized treatment.

Ortiz v. Winn-Dixie, Inc., No. 1D2021-0885, Fla. 1st DCA 2024, DCA#: 1D2021-0885, Decision date: Dec. 23, 2024. READ MORE.

New Jersey

by Kiara K. Hartwell, Esq.

Workers’ Compensation Legislation Update. READ MORE.

Pennsylvania

by Francis X. Wickersham, Esq.

Right to subrogation for medical bill payments not waived by failing to properly preserve issue at all stages of litigation, including appellate stage, and appeal not subject to immediate dismissal due to technical defect promptly and properly cured.

City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; filed Dec. 24, 2024. READ MORE.

Claimant’s average weekly wage was properly calculated based on a 40-hour work week, even though he only worked a total of 10 days in the year preceding the work injury.

County of Allegheny v. Michael Marzano (WCAB); No 1111 C.D. 2022; filed Dec. 24, 2024. READ MORE.

Claimant’s conversation with fellow firefighter about Act 46 cancer presumption was not the date he became aware of his cancer’s relationship to his employment; therefore, notice was properly given and claimant’s Claim Petition was timely filed.

West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025. READ MORE.

Employer’s refusal to compromise its subrogation lien during pendency of a tort action does not constitute bad faith resulting in forfeiture of employer’s right to subrogation under Section 319 of the Act.

Martha Garduno Mondragon v. Jo Jo Pizza (WCAB); No. 174 C.D. 2024; filed Jan. 6, 2025. 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

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

View as Webpage

What's Hot in Workers' Comp, Vol. 29, No. 2, February 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.