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Rodriguez, Noel

Name:Rodriguez, Noel
Practice In: Bankruptcy & Debt ,Bankruptcy ,Lawsuit & Dispute ,Litigation ,Real Estate ,Construction
Law Firm: Jones Day
Location:555 California Street 26th Floor
San Francisco, CA 94104
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Fax: 1.415.875.5700
http://www.jonesday.com
 

Andrea Cicero Rock joined Marshall, Dennehey, Warner, Coleman & Goggin in June of 2004 and concentrates her practice in the defense of employers and self-insureds in workers' compensation litigation.

In 1999 Andrea earned her Bachelor of Arts degree from American University. Following her time in Washington, Andrea returned to the Philadelphia area and received her Juris Doctorate from Widener University School of Law in 2002.

While in law school, Andrea served as a mediator for the Philadelphia Municipal Court, where she mediated landlord-tenant disputes and private criminal complaints.

Immediately after law school, Andrea worked for the Delaware Department of Labor, handling employment discrimination disputes. She worked on hundreds of cases, taking the initial complaints and then investigating them before issuing a final decision.

Andrea is licensed to practice in Pennsylvania, New Jersey, and the U.S. District of New Jersey.

Significant Representative Matters

  • Defeated a claim petition for psychological injuries involving an employee who also had a discrimination matter pending in federal court.

  • Defeated a review petition which alleged that the description of injury should be amended to include depression and post-traumatic stress disorder when the claimant had been out of work for a physical injury since 1989.

  • Successful decision in a funded employment case for a long-time 1992 cognitive dysfunction injury. Proved that a position created for claimant through a different employer, but for which the salary was going to be funded by the employer, was within claimant's restrictions as set by an independent medical evaluator. Able to discredit on cross examination claimant's long-time treating psychiatrist. The Workers' Compensation Judge granted our modification petition based on salary that claimant would have received had he accepted the position.

  • Obtained successful decision in case involving claimant who failed to return to position that was tailored within his restrictions. The Workers' Compensation Judge granted our suspension petition (suspending the claimant's wage loss benefits), holding that claimant exhibited bad faith when he did not present the job description to his treating doctor, who ultimately found the job to be within his restrictions.

  • Workers' Compensation Judge granted a highly-contested termination and suspension petition and denied claimant's review petition. Proved that claimant failed to return to her pre-injury position, which was within the work restrictions set by panel doctor. Sustained burden of showing that claimant had fully recovered from the work injury, thereby terminating all of claimant's workers' compensation benefits.

  • Litigated a case that is currently before the Workers' Compensation Appeal Board whereby claimant's claim petition was granted but Workers' Compensation Judge provided employer a credit for any and all short- and long-term disability that claimant received. The claimant appealed, arguing that employer should not be entitled to a credit because the same parties were involved in a Federal ERISA action where that right to a credit was bargained away, and even if a credit is owed, employer can only get a credit for the amount of the premium it paid.  The Appeal Board agreed with employer's position that the right to subrogation is absolute, and matter was remanded back to Workers' Compensation Judge to determine the exact amount of the credit.
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