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Vol. 28, No. 8, August 2024

Delaware Developments

by Benjamin K. Durstein, Esq.


Delaware Superior Court reverses and remands Industrial Accident Board’s decision involving a Utilization Review appeal because it was unclear whether the Board had correctly applied the relevant Delaware Healthcare Practice Guidelines.

Baxter v. Verizon Communications, C. A., No. N23A-11-001 PAW (Del. Super. July 30, 2024). READ MORE

Florida Developments

by Linda Wagner Farrell, Esq.


First District Court finds that judge of compensation claims abused his discretion in rejecting terms of employment contract as the contract expressly provided claimant would receive his salary only during the five-month championship playing season.

Detroit Tigers, Inc. and Sedgwick CMS v. Austin Sodders, Fla. 1st DCA, June 12, 2024, Case No. 23-0827. READ MORE

New Jersey Developments

by Kiara K. Hartwell, Esq.


Because plaintiff’s reason for remaining at defendant’s premises was purely personal and location of accident was not determinative, Appellate Division reversed and vacated the order granting summary judgment to defendant.

Barrett v. Hackensack Univ. Med. Ctr., No. A-3441-22 (June 13, 2024). READ MORE


Appellate Division finds that petitioner failed to sustain her burden of proving that her need for treatment was related to work incident, thus, denial of her motion for medical and temporary benefits was affirmed.

Salomone v. Spectrum360, No. A-0710-23 (June 24, 2024). READ MORE

Pennsylvania Developments

by Francis X. Wickersham, Esq.


A workers’ compensation judge did not abuse his discretion in finding that decedent was in an ongoing employment relationship with defendant at the time of death and was not a borrowed servant at the time of his fatality.

Reading Anthracite Company v. Molly Oxenrider, et al.; No. 120 C.D. 2023, No. 126 C.D. 2023, No. 170 C.D. 2023; filed June 11, 2024; Judge Covey. READ MORE.


Court reverses Appeal Board ruling on an entitlement to reinstate benefits as of date claimant returned LIBC-760 form to employer, as benefits were in suspension status because of a judge’s prior decision, not for claimant’s failure to return the form.

Kenneth P. Marinack v. City of Pittsburgh (WCAB), et al.; No. 1161 C.D. 2022, No. 1163 C.D. 2022; filed July 12, 2024; Judge McCullough. READ MORE.

WORKERS’ COMPENSATION FRAUD

Workers’ compensation fraud contributes significantly to the cost of doing business and negatively impacts employers, insurance carriers and third-party administrators. From a workers’ compensation perspective, we assist with strategies for obtaining documentation and information needed to pursue a fraud claim. In addition, we work very closely with our clients in furtherance of that philosophy through relentless investigation, aggressive defense, and prosecution in response to false and inflated insurance claims. We can facilitate the filing of a fraud claim through local government agencies, and we review all cases for civil remedies to help our clients recoup some of the monies expended due to fraudulent cases. Our trial attorneys are experienced in the investigation, defense and affirmative prosecution of fraudulent claims. We routinely file suits and collect judgments against perpetrators of fraud, including both first- and third-party actors. Likewise, our team has extensive training and experience in medical provider investigations and fraudulent scams meant to drive and inflate the overall value of a claim. Our medical fraud taskforce files affirmatively across the nation to recoup monies fraudulently paid out to providers that failed to provide the requisite medical care they billed on a matter. We have been successful nationally in creating claim protocols designed to reduce the amount of medical payout on claims associated with fraudulent medical practices. The taskforce routinely works with local, state, and federal authorities to ensure that monies stolen from our clients are returned and fraudsters are prosecuted timely.


For more information, please contact:


Anthony Natale III, Esquire

215.575.2745 | apnatale@mdwcg.com


Jeffrey G. Rapattoni, Esquire

856.414.6076 | jgrapattoni@mdwcg.com


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Should you have additional inquiries, please contact:

Michele R. Punturi, Esq.

Director, Workers' Compensation Department

 

2000 Market Street, Suite 2300

Philadelphia, PA 19103

 

Marshall Dennehey

marshalldennehey.com

CONTACT US

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What's Hot in Workers' Comp, Vol. ?, No. ?, Month? 2024, 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 © 2024 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.

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