Vol. 30, No. 9, September 2026

Delaware

by Keri Morris-Johnston, Esq.


Delaware Supreme Court Affirms Denial of Workers' Compensation Claim Based on Witness Credibility

2026 Del. LEXIS 286 * | 2026 LX 491806 | 2026 WL 2321783



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Florida

by Blake J. Hood, Esq.



Florida Supreme Court Adopts Traditionally More Expansive Concept of Occupational Causation

Bouayad v. Normandy Ins. Co., 2026, 51 Fla. L. Weekly S 213 (July 9, 2026).


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New Jersey

by Kiara K. Hartwell, Esq.



Appellate Division Affirmed Trial Judge’s Orders Granting Summary Judgement for Defendants on COVID-19 Case

Dunne v. Advanced Subacute Rehab Servs. at Sewell, LLC, et al., No. A-2559-24 (August 14, 2026)



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Pennsylvania

by Francis X. Wickersham, Esq.


Commonwealth Court Deemed Worker an Employee Despite Independent Contractor Agreement; Insurer Estopped from Denying Coverage

J&S Technologies Solutions, Inc. V. Wilben Gonzalez, Dish Network, LLC, Brickstreet Insurance Company And Uninsured Employer Guaranty Fund (WCAB); No. 922 C.D. 2023 and No. 928 C.D. 2023, filed August 4, 2026; by President Judge Cohn Jubeliarer.


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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, please contract:


Daniel W. Deitrick, Esq.

412.803.1181 

DWDeitrick@mdwcg.com


Andrea Rock, Esq.

215.575.2756 

ACRock@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


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Wednesday, September 30, 2026

12:30 - 1:30 p.m.


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What's Hot in Workers' Comp, Vol. 30, No. 9, September 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.