What's Hot in Workers' Comp - DE FL NJ PA - Vol. 30 No. 10 October 2026

Vol. 30, No. 10, October 2026

Delaware

The Bite Behind the Burden: Delaware Supreme Court Affirms That Prior Factual Findings Do Not Automate Causation for New Injuries

Peed v. Essential Staffing, Inc., 2026 WL 2983683 (Del. Oct. 5, 2026).

Florida

by Blake J. Hood, Esq.

Florida Appeals Court Holds Guardianship Expenses Necessary to Secure Workers’ Compensation Benefits Are Recoverable

Fish v. Extreme Enters. of Marion Cnty., Inc., 2026 Fla. App. LEXIS 6494, *1 (2026).

New Jersey

by Kiara K. Hartwell, Esq.

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

Haskins v. Casey, et al., No. A-2487-25 (September 21, 2026)

Pennsylvania

by Francis X. Wickersham, Esq.

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

Trustees of the University of Pennsylvania v. Natalie Braas, Corey Grink, and Dean Kenniff, (WCAB); 481 C.D. 2025; filed August 20, 2026

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

Sherri M. Connelly v. Keystone Home Health Service (WCAB); No. 513 C.D. 225; filed August 31, 2026

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

DON'T FORGET TO REGISTER FOR WHAT'S HOT LIVE!

Join us for a free webinar on current workers' compensation case law in Delaware, New Jersey and Pennsylvania, and how it will impact your business.

Wednesday, October 28, 2026

12:30 - 1:30 p.m.

marshalldennehey.com

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What's Hot in Workers' Comp, Vol. 30, No. 10, October 2026 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 © 2026 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 AXSattar@mdwcg.com.