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DE Supreme Court affirms Board’s decision that the claimant failed to meet his burden to prove he sustained a permanent impairment to the cervical spine that was causally related to an accepted work accident.

On August 3, 2017, Mr. Shipmon sustained compensable injuries when he fell off a stool while employed as a constable at Delaware Technical Community College. 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.

Where do we stand with regard to compensability of trip and fall cases since the 2019 Valcourt-Williams decision? Two recent First District Court of Appeal decisions attempt to clear up any confusion.

In Silberberg, the First District Court of Appeal wrote: “Then there is Valcourt-Williams, about which there has been some misunderstanding with regard to its scope and significance. 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.

The Appellate Division remands a workers’ compensation order dismissing a petitioner’s case for exceeding the statute of limitations.

In this case, the Appellate Division vacated the November 8, 2019, order dismissing the petitioner’s application for review or modification of an award and remanded to the lower court.  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.

Injuries sustained by claimant in a motor vehicle accident that occurred on the drive home from work were compensable through the employment contract exception to the “going and coming rule.”

In this case, the claimant had worked for four years as a seasonal laborer for the employer, installing rebar for in-ground swimming pools. The employer was the sole owner of the business. 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.

On the Pulse…Other Notable Achievements

2022 New Shareholder Class Recognition Appointments Josh Byrne (Philadelphia, PA) has been named as Co-Chair of the Philadelphia Bar Association’s Professional Responsibility Committee. Published Articles Speaking Engagements Linda Farrell (Jacksonville, FL) presented “Permanent and Total Disability” for the Association of Workers’ Compensation Claims Professionals. Defense Digest, Vol. 28, No. 1, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

On the Pulse…Our Orlando, Florida Office

Sitting in the heart of Central Florida, Orlando is a growing and vibrant metropolitan area known as “The City Beautiful.” With its combination of year-round sunny weather and theme parks, it attracts over 100 million visitors each year, making it Defense Digest, Vol. 28, No. 1, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.