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Appellate Division reverses Superior Court’s order, vacates the transfer order, and remands the case to enter an order denying motion to dismiss.
Under the New Jersey Workers’ Compensation Act, “each and every member of a volunteer fire company doing public fire duty . . .
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Pennsylvania Supreme Court adopts as law a “no coverage” exception to the equitable rule, precluding an insurer from pursuing subrogation against its own insured.
In the course and scope of his employment as a shipwright, the claimant slipped and fell on an icy sidewalk on the employer’s premises, sustaining injuries. The employer had a commercial hull policy from Acadia Insurance Company, the insurer.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
A Utilization Review request that does not list all of a claimant’s treating providers does not render the request or the UR Determination invalid.
In this case, following the claimant’s April 2000 work injury, a C&R Agreement was approved by a Workers’ Compensation Judge and the medical portion of the claimant’s claim remained open.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Only the fee review arena has the authority to decide the issues of medical billing amounts, timeliness and who qualifies as a medical provider under the Act.
In this case, following a serious burn injury sustained by the claimant after falling in a puddle of hot water at work, the claimant filed a penalty petition, alleging that the employer failed to pay her physicians and hospitals over $410,000 for
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
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What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Florida court rejects car dealership’s Graves Amendment defense for loaner vehicle.
The plaintiff sued the defendant for vicarious liability based on the negligence of a driver of one of its loaner vehicles. The trial court granted summary judgment in favor of the defendant based on the Graves Amendment.
Case Law Alerts, 1st Quarter, Apri
It is jury’s responsibility to resolve issue of whether policyholder made material judgment under NJ Insurance Fraud Prevention Act.
An insurance carrier filed claims against its policyholder under common-law and statutory insurance fraud (Insurance Fraud Prevention Act) in New Jersey. The trial court granted summary judgment to the insurer on liability.
Case Law Alerts, 1st Quarter, Apri
Ohio Supreme Court holds that insurance policy exclusion for water backup encompasses sewage backup.
The Ohio Supreme Court was asked to determine if a water backup exclusion in a commercial property policy excluded coverage for damage caused by a sewage backup or overflow.
Case Law Alerts, 1st Quarter, Apri
NJ Appellate Division weighs in on what standard to apply to coach who was supervising participants of multiple recreational sports at the time.
The plaintiff, a field hockey player, was struck in the head by a fly soccer ball that had vaulted over a ball stopper between the turf field and track.
Case Law Alerts, 1st Quarter, Apri
FL appellate court reverses summary judgment in favor of general contractor because only a portion of work by defendant required specialty certificate.
The interesting aspect of this case is that we are not dealing with an issue of claimed defective work or resulting damages from the work.
Case Law Alerts, 1st Quarter, Apri