The Little Known “Authorized Vehicle Rule” in Workers’ Compensation
I had the pleasure of Speaking on Law Day in Plainfield Workers’ Compensation Court on May 1, 2024 and wanted to share with readers part of the discussion in our session, namely the discussion of the New Jersey authorized vehicle rule contained in N.J.S.A. 34:15-36. This is one of the most unknown but significant rules […]
A Brief History of the New Jersey Workers’ Compensation Act
For those who do not like workers’ compensation, blame Otto Von Bismarck. Yes, the man known as the Iron Chancellor, who united all the kingdoms and states into one Germany, passed the first modern workers’ compensation law in 1874. Other western European nations soon followed, and between 1911 and 1920 every state in America adopted […]
Appellate Division Rules That Claimants in Certain Circumstances Do Not Have to Reimburse an Employer’s Lien From a Third Party Recovery Until the End of the Workers’ Compensation Case
The unreported case of New Jersey Transit Corp. v. Joseph, No. A-1194-22 (App. Div. March 19, 2024) has thrown a wrench into the common understanding of when to resolve third party liens in New Jersey. The facts that are supplied in the case are not detailed. Darshelle Joseph was injured on October 23, 2019, during […]
Private Sector EMTs and Paramedics Are Now Covered Under New Legislation Signed by New Jersey Governor Creating a High Rebuttable Presumption in Favor of Compensability of Strokes or Heart Attacks
The recent passage of A5909 has generated many questions from hospitals and private sector ambulance companies which provide EMT and paramedic services. The questions focus on the recently passed legislative overhaul of N.J.S.A. 34:15.7.3. That original 1988 law is entitled, “Cardiovascular or cerebrovascular injury or death of police, fire or emergency personnel in response to […]
Respondent Defeats Alleged Claim of Aggravation and Motion for Medical and Temporary Disability Benefits Seeking Payment for Five Spinal Surgeries
Cases involving aggravation of preexisting conditions are quite common in workers’ compensation and are often complex. Adequately addressing such claims requires obtaining the pre-accident medical treatment records and obtaining expert opinion on whether the work accident aggravated the prior condition. Donald Smith v. H & H Transportation, Inc., No. A-3568-21 (App. Div. December 20, 2023) […]
Appellate Division Holds Employee Who Worked and Attended School Is Eligible for Temporary Disability Benefits After Unemployment Benefits Terminated
There are not many cases involving eligibility for temporary disability benefits while attending school. The case of Soto v. Hoosier Care, Inc., No. A-0507-22 (App. Div. December 11, 2023) discusses this issue directly. The facts in the opinion are threadbare, and the reader will have many more questions than answers after reading this decision. The […]
Medical Provider Cannot Sue Workers’ Comp Carrier for Breach of Contract to Get Around New Jersey’s Exclusive Remedy for Medical Disputes
Medical claim petitions comprise an increasingly large percentage of New Jersey workers’ compensation claims with over 5,000 being filed in 2023 alone. One of the problem areas remains jurisdictional issues when a New York or Pennsylvania workers’ compensation case is referred to New Jersey just for a one-time medical procedure. The recent case of Hudson […]
Appellate Division Finds Accident in Pennsylvania Compensable As Petitioner Had Resumed Drive to Customer Location in New Jersey
Petitioner Mario Pozadas was injured on October 14, 2016. He was the owner of the respondent Capital Iron Associates, LLC., which specialized in fabricating and installing welding materials. Earlier in the day he was working on a home renovation project taking place in Hightstown, New Jersey. Mr. Pozadas drove a flatbed truck carrying several workers […]
Worker Who Became Unconscious While Working Could Not Prove Subsequent Physical Injuries Were Work Related
The recent decision in Sykes v. George Harms Construction Company, Inc., No. A-3320-20 (App. Div. September 28, 2023) addresses an unusual claim involving a worker who was found passed out on the job while operating an excavator. The petitioner filed a motion for medical and temporary disability benefits seeking an MRI of the neck, low […]
Governor Signs Bill Raising Fees of Evaluating Physicians for Claimants
On July 20, 2023 Governor Murphy approved an amendment to N.J.S.A. 34:15-64 raising the maximum amount that physicians may be paid for opinions regarding need for treatment or estimates of permanent disability. The maximum fee had been previously set at $600. Under the new amendment, the maximum fee is now $1,000. The goal of the […]
The “Silk City”
It is a city conceived and created by one of the most famous Americans in history. He is perhaps even more well known today than ever following the success of the eponymous Broadway show “Hamilton” created by Lin-Manuel Miranda. Yet it is a city that surprisingly few New Jersey residents know much about. The city […]
Should Employers Pay for Both Lawyers in the Workers’ Compensation Case?
When a workers’ compensation case settles in the New Jersey Division of Workers’ Compensation for a percentage of disability, the employer pays for its own lawyer and most of the fee of the injured worker’s lawyer. New Jersey may be the only state that has this practice. Judges generally assess 60% of the legal fee […]
Navigating Cannabis Regulations and Employment Law in New Jersey
Legalization of Cannabis in New Jersey: In November 2020, New Jersey residents voted in favor of the legalization of adult-use cannabis. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”) was subsequently enacted to regulate the cultivation, distribution, and use of cannabis in the state. While NJCREAMMA allows employers to randomly drug […]
Recording and Taping IMEs in New Jersey Workers’ Compensation
The rules for recording and taping IMEs in New Jersey became much clearer with the June 15, 2023, New Jersey Supreme Court ruling in DiFiore v. Pezic, (Nos. A-58/59/60-21) (087091). While the case involved three separate civil court defense exams, there is no reason that the principles set forth in this consolidated decision will not […]
A Practitioner’s Guide to Benefits Provided Under New Jersey Workers’ Compensation
There are three types of benefits provided by employers to employees in NJ workers’ compensation, in those cases that are accepted and not being questioned: 1. Medical benefits (a major benefit to employers in New Jersey is that the employer directs the medical care); 2. Temporary disability (“TTD”), which is for wage loss while an […]
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