This Month’s Two Key Developments On Jurisdiction of Medical Claim Petitions And Orders To Compel Reimbursement Of Costs Of Medical Marijuana
We are two weeks into April, and already the New Jersey Supreme Court has considered two extremely significant issues for workers’ compensation practitioners, employers and carriers. The first decision was announced on April 1, 2021 when the Supreme Court decided not to take certification in the matter of Anesthesia Assocs. of Morristown, PA v. Weinstein […]
The Crucial Importance of Examining Treating Medical Records and Employee Accident Forms
Many workers’ compensation cases involve unwitnessed orthopedic injuries. Consider a case where an employee alleges that he or she felt sharp back pain around 11 a.m. in aisle 4 of the store while stocking shelves. Suppose there is no security video. Suppose further the employer provides treatment under Section 15 without admitting liability but still […]
Appellate Division Holds That Public Employee Injured In Shared Parking Lot With Employees And The Public Is Not Covered For Workers’ Compensation Purposes And Can Sue Her Employer
When an employee is injured on the employer’s premises, including a parking lot owned and controlled by the employer, it is fundamental that such a claim is work related. If this injury is caused by the actions of another employee, it is also fundamental that the two employees cannot sue each other or their employer […]
Appellate Court Rejects Compensability Of Assistant Prosecutor’s Fall En Route To Coffee Shop
What if two lawyers leave their separate offices to meet at a coffee shop to discuss a case? Is the commute to the coffee shop compensable for either or both of them? The answer was no in the context of the facts in Pilone v. County of Middlesex, A-1676-19, (App. Div. March 15, 2021). Lynn […]
Appellate Court Rules That There Is No Section 40 Lien Deduction For Petitioner’s Share Of Counsel Fees Paid In Workers’ Compensation
We all know certain events are going to happen every year: Alabama is going to play for the national football championship, your property taxes will certainly rise, Tom Brady will be in the Super Bowl, and most likely of all – someone is going to challenge the way Section 40 liens are calculated in New […]
New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity
In 1979 the New Jersey legislature adopted a change to N.J.S.A. 34:15-7 to add that recreational and social activities are not compensable unless the injured worker could prove that the activity promoted a benefit to the employer beyond improvement of health and morale. Prior Supreme Court cases have already made clear that if an employer […]
New Jersey Assembly Committee Votes To Approve Hiring Preference Bill As Part of New Jersey Workers’ Compensation Act
Employers need to be aware of an Assembly bill that would turn the workers’ compensation statute into an employment protection law. The Assembly Labor Committee recently passed A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson. The bill will require an employer with at least 50 employees to provide a hiring preference to an injured […]
Appellate Division Affirms Dismissal of Occupational Tinnitus Claim
There are not many Appellate Division decisions on occupational hearing loss and tinnitus, which is why the decision is of interest in Donzella v. SG Performance Plastics Corp., A-2408-19T3 (App. Div. January 12, 2021). The case involved an employee of SG Performance who worked at its manufacturing warehouse in August 2015. He and 30 other […]
Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation
As the Moderna and Pfizer COVID-19 vaccines begin to be administered to the population in the United States, many clients have asked whether an adverse reaction to the COVID-19 vaccine would be considered compensable if the employer were to offer a voluntary vaccination program at some time in the future. Many employers currently offer such […]
Appellate Division Holds Insurance Carrier Failed to Prove Proper Cancellation of Policy
It remains very difficult for New Jersey insurers to cancel policies in workers’ compensation. Strict compliance with N.J.S.A. 34:15-81 is required because the state’s policy favors continuation of insurance coverage. The decision in Pierson v. Travelers Indemnity Company, A-3838-19T2 (App. Div. December 7, 2020) illustrates the specific problem of cancellation related to non-payment of an […]
The Crucial Difference Between Impairment And Disability In Workers’ Compensation
Understanding the difference between “impairment” and “disability” is important in properly reserving files and in defending workers’ compensation cases. Many people use the terms synonymously, but there is an important legal distinction. An impairment refers to a problem with the structure or organ of the body. Disability focuses on the functional limitations that are caused by the […]
Governor Murphy Signs Legislation Clarifying Effective Date of Hand And Foot Bill
Earlier this year the new hand and foot bill became effective on January 21, 2020. This bill marked a significant change in the New Jersey Workers’ Compensation Act. The language was unambiguous in augmenting the number of weeks for injuries of the hand, foot and fingers. However, the language was less than clear concerning its […]
Proposed Bill to Require Carriers to Pay for Costs of Medical Marijuana Passes Committee While the New Jersey Supreme Court is Scheduled to Hear Oral Arguments on the Issue
The New Jersey Assembly Appropriations Committee passed A1708 on October 26, 2020, setting the stage for an eventual full Assembly vote on an important piece of legislation concerning the obligation of workers’ compensation carriers and automobile insurers to pay for costs of medical marijuana. Strangely enough, this Bill is being advanced at the same time […]
Appellate Division Rules Against Medical Providers In Jurisdictional Dispute Where Almost All Contacts Were In Pennsylvania And New York
An important decision came down today on an issue that concerns practitioners, employers, carriers and third party administrators. The decision is the first appellate level opinion on a long-running dispute over jurisdiction in certain MCP cases filed by medical providers in New Jersey. The decision is likely to affect hundreds of pending cases with similar […]
Judge of Compensation Can Order Petitioner to Reimburse An Employer Following Reversal of An Award by the Appellate Division
What happens when an order is entered against an employer to pay a workers’ compensation award and then respondent appeals the decision? Does respondent have to pay benefits pending appeal? If it does have to pay benefits during the appeal period, what happens if the Appellate Division reverses the award? Can respondent get a court […]
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