Archive for December, 2014
Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner
Under the New Jersey Workers’ Compensation Act, the independent contractor defense is seldom successful, but one area where the defense is still viable is in the horse racing industry as seen in the recent decision of Perry v. Robert Horowitz Stable, A-3845-12T2 (App. Div. December 9, 2014). Randolph Perry was a licensed horse owner and […]
Appellate Court Orders Home Modifications to Be Paid by Comp Carrier but Reverses Court Order on Home Elevator
There are few Appellate Division cases dealing with the requirements on an employer/carrier with respect to home modifications when an employee has suffered catastrophic injuries. For this reason, the decision in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div. December 5, 2014) is important for practitioners in New Jersey. Mr. Loeber was injured […]
Appellate Division Rejects Strict Application of One-Year Rule on Dismissals For Lack of Prosecution
Workers’ compensation practitioners are very familiar with N.J.S.A. 34:15-54, which is the provision that allows a case to be dismissed for lack of prosecution, allowing the claimant one year to reinstate the case for good cause shown. But the one-year period in the statute may not be as rigid as practitioners thought in light of […]
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