Cory DeCresenza, Esquire Despite the common refrain of “coverage cannot be waived” often repeated in New York Workers’ Compensation claims involving matters where coverage issues are later unearthed, recent caselaw suggests that in certain situations, insurance carriers can end up liable for …
Sarasota, FL Team Scores a Major Victory
Daniel DeMay, Esquire & Samuel Earp, Esquire The firm’s Sarasota, Florida, team scored a major victory August 7, when they defeated an illegal immigrant’s bid for workers' compensation permanent total disability benefits. It’s a case that could have broad implications for the Florida …
Partner Mitchell Waldman Successfully Obtains Verdict
384 47th Place Condominium Association v. 380 47th Place Condominium AssociationMitchell Waldman, Esquire Docket No. CPM-L-131-22. Vaughan McLean Partner Mitchell Waldman, Esquire of the law firm’s Atlantic City office was successful in obtaining a verdict in favor of the plaintiffs after a …
Steven Conrad v. Department of Transportation (Workers’ Compensation Appeal Board)
No. 557 C.D. 2022OPINION BY: Judge McCullough / FILED: February 26, 2024 In a Nutshell: Failure Of The IRE Physician To Review Three Years’ Worth Of Medical Records Leading Up To The Date Of The IRE Examination Does Not Invalidate His Impairment Rating Based Upon Lack Of An Adequate …
Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board)
No. 298 C.D. 2023OPINION BY: Senior Judge Leavitt / FILED: February 8, 2024 In a Nutshell: Claimant Was Not Furthering The Business Of Employer While Commuting Home In His Own Vehicle From The Equipment Yard Where He Began His Workday. Claimant worked as a crew leader in Employer’s …
Kathryn A. Lawry v. County of Butler (Workers’Compensation Appeal Board)
No. 593 C.D. No. 593 C.D. 2022OPINION BY: Judge Covey / FILED: March 6, 2024 In a Nutshell: An Examination Protocol Referred To By A Physician Testifying In A Workers‘ Compensation Matter As The Gold Standard In Diagnosing And Determining Recovery From RSD/CRPS Is Not Binding On The WCJ In A …
Mark R. Schmidt v. Schmidt, Kirifides and Rassias, PC (Workers’ Compensation Appeal Board)
No. 1039 C.D. 2021OPINION BY: Judge Covey / FILED: November 14, 2023 In a Nutshell: Employer held liable to pay for the Claimant’s purchase of cannabidiol (CBD) oil. Claimant was not considered to be a healthcare provider and not required to submit periodic medical reports to receive …
Premium Transportation Staffing, Inc. v. Robert Welker (Workers’ Compensation Appeal Board)
No. 1329 C.D. 2022OPINION BY: Senior Judge Leavitt / FILED: November 30, 2023 In a Nutshell: It is not an abnormal working condition sufficient to establish a “mental-mental” injury if the Claimant could anticipate the work event, in this case, a truck fire, and had been trained on how to …
Charles B. Keffer v. Colfax Corporation and Phoenix Insurance Company
No. 1110 C.D. 2022OPINION BY: Judge Ceisler / FILED: August 11, 2023 In a Nutshell: Employer Has No Obligation to Notify Claimant of an Approaching Expiration of the Three-Year Statute of Repose in Section 413(a). Claimant unsuccessfully challenged the above-mentioned precept through a …
Partner Carlos Hernandez & Associate Jane McGill Secure Major Victory
Carlos J. Hernandez, Esquire & Jane E. McGill, Esquire Jane McGill and Carlos J. Hernandez, a partner in the firm’s Palm Beach Gardens office, recently won a major victory in the case of “Carida Ortiz v. AARP Foundation” OJCC# 23-005381, West Palm Beach District, JCC Johnsen. The claim was …
New York Appellate Summaries
October 2023
Cory A. DeCresenza, Esquire & Bola O. Awujoola, Esquire We hope you find this summary of the appellate-level cases pertaining to New York Workers’ Compensation proceedings for the second half of 2022 and first half of 2023 useful. These summaries are meant to be a carrier-centric …
Associate Lindsay Switzer Obtains Order Granting Summary Judgment
Lindsay Switzer, Esquire In a case captioned “Samuel Schneider v. Jackson5 Foods, LLC, et al. ”, venued in the Superior Court of New Jersey, Law Division, Ocean County under Docket No. OCN-L-2076-20, associate Lindsay Switzer successfully argued a Motion for Summary Judgment dismissing our client …
Partner Daniel DeMay Secures Victory
Daniel J. DeMay, Esquire The firm’s Sarasota partner recently scored a major victory in a complex Florida workers' compensation case. The claim was brought by a former employee of the State of Florida Department of Corrections, who had sustained a traumatic motor vehicle accident in …
Pennsylvania Case Summaries
September 2023
Kelly M. Davis, Esquire & Thomas R. Bond, Esquire Below please find new and relevant summaries in the vital world of Pennsylvania Worker’s Compensation. Please feel free to reach out to our team with any inquires. In the meantime, please enjoy reading our VBP September issue of Case …
Successful Defense by Partner Daniel DeMay
Daniel J. DeMay, Esq. Overview: This case involved a workers' compensation claim that came before the Judge of Compensation Claims in Fort Myers, Florida, and was conducted through a combination of in-person and virtual hearings. The primary issue revolved around the petitioner, represented by …
Pennsylvania Case Summaries
June 2023
Kelly M. Davis, Esquire & Thomas R. Bond, Esquire Below please find new and relevant summaries in the vital world of Pennsylvania Worker’s Compensation. Please feel free to reach out to our team with any inquires. In the meantime, please enjoy reading our VBP June issue of Case …
Partner Mitchell Waldman <br>Obtains Defense Verdict
Mitchell Waldman, Esq. In a case captioned “Barbara Tierno and Anthony Tierno H/W v. La Pizza Tega”, venued in the Superior Court of New Jersey, Law Division, Atlantic County under Docket No. ATL-L-1643-18, a defense verdict was rendered on March 14, 2023 after a five day trial which began on …
Partner Mitchell Waldman Obtains Dismissal with Prejudice of NJLAD Lawsuit
Mitchell Waldman, Esquire Mitchell Waldman, Esquire, in a case captioned “Mann v. Cape Insulation”, held in the Superior Court of New Jersey, Law Division, Docket No. CPM-L-333-21 has obtained a dismissal of plaintiff’s Complaint, with prejudice. The lawsuit, filed by the Law Offices of Eric A. …
Partners Anthony Skalski & Ken Kaup
Secure Dismissal
Anthony A. Skalski, Esquire & Ken Kaup, Esquire Partners Anthony Skalski and Ken Kaup recently secured a full and final ‘Section 20’ dismissal on behalf of a Fortune 100 company, where the petitioner had suffered a nearly fatal cardiovascular injury in the course and scope of his …
Partner Mitchell Waldman Obtains Defense Verdict
Mitchell Waldman, Esquire In a case captioned “Chelsea Doerr v. 19 Buffet, Inc.”, held in the Superior Court of New Jersey, Law Division, Cape May County under Docket No. CPM-L-132-20 a defense verdict was rendered today after a three-day trial which began on December 5, 2022. The matter arose …
No Permanent Disability Benefits After Death – The Court of Appeals Decision in
Green v. Dutchess County BOCES
Cory A. DeCresenza, Esquire In his Law360 Expert Analysis article, “Recoupment Questions Follow NY Workers' Comp Ruling,” published November 7, 2022, Partner Cory A. DeCresenza examines the Matter of Green v. Dutchess County BOCES. Prior to 2020, in New York workers’ compensation …
Pennsylvania Case Summaries
November 2022
Kelly M. Davis, Esquire & Thomas R. Bond, Esquire Below please find new and relevant summaries in the vital world of Pennsylvania Worker’s Compensation. Please feel free to reach out to our team with any inquires. In the meantime, please enjoy reading our VBP November issue of Case …
Recent Workers’ Comp Decision Affecting Schedule Loss of Use Awards
In his Law360 Expert Analysis article, “NY Workers’ Comp Ruling May Expand Claimant Benefits,” published May 2, 2022, Partner Cory A. DeCresenza examines the recent joint decision in Johnson v. City of New York, and Liuni v. Gander Mountain affecting the assessment of schedule of loss of use, or …