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Law Alerts January 1, 2011
Following the claimant's work injury, he received a third party recovery, and a Third Party Settlement Agreement was executed. Pursuant to that agreement, the employer was to reimburse the claimant $216.88 per week for a period of 1,353.6 weeks. The...
Law Alerts January 1, 2011
While employed in a managerial capacity by Van Hydraulics, Inc., the plaintiff used a company-owned pick-up truck insured by the defendant, Allstate Insurance Company. While the plaintiff was driving the pick-up truck to his office from his home, he..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The claimant filed a penalty petition for late payment of a settlement that was part of an approved Compromise and Release Agreement. The decision approving the settlement was circulated on October 17, 2008, and the settlement payment was made on...
Law Alerts January 1, 2011
In this construction contract dispute, the court awarded prejudgment interest, but not attorneys fees, to a roofing contractor under the Delaware Construction Prompt Payment Act, 6 Del. C. § 3506 where the owner failed to give specific notice within..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The workers’ compensation insurer sought to obtain supersedeas fund reimbursement for the amount of attorney’s fees incurred to obtain a third party recovery. The court held that attorney’s fees incurred under section 319 to obtain a third party...
Law Alerts January 1, 2011
Phyllis Frazier contracted COPD almost 20 years ago and required oxygen to breathe, despite undergoing a lung transplant. The jury agreed that a smoking addiction was the legal cause of her injury but concluded that she should have known prior to..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The plaintiff argued that his employment was terminated in retaliation for filing a prior administrative complaint and federal lawsuit against his employer, which alleged age discrimination. Specifically, the plaintiff filed his charge of..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The claimant worked as a manager in the commissary of the Camp Hill State Correctional Facility. She was identified on a "hit list" created by the prisoners and was verbally assaulted by inmates. She filed a psychiatric claim, which was accepted as...
Law Alerts January 1, 2011
The Association appealed the trial court's entry of partial final judgment denying its request for an injunction. This appeal arises out of a complaint filed by the Association requesting, among other things, a permanent injunction requiring..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The petitioner was employed as a maintenance technician for the respondent, who was contracted to perform maintenance and repair work at the U.S. Coast Guard base in Cape May, New Jersey. On September 11, 2006, the petitioner responded to a...

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