Archive for December, 2015
Court Finds Popping Incident in Low Back While Walking Not Work Related
Colleen Fitzgerald filed a claim petition alleging that on April 26, 2010 she was walking down an alley as a zone merchandising supervisor for Walmart, when she suddenly felt a “pop” in her lower back. She admitted that she was simply walking at the time the incident occurred. However, prior to this popping incident she […]
Court Finds that Company Did Not Discriminate Against Injured Worker Returning from Comp Injury When It Fired Him for Lack of Available Work
Michael Sluga worked for Metamora Telephone Company as an Outside Plant Supervisor. On July 27, 2011 he slipped on a trailer while at work and fell two feet to the ground, tearing his rotator cuff. He tried to work with the injury but eventually in December he asked for a six month leave of absence […]
Court Finds Assault by Coemployee at Work Not Compensable but Rooted in a Pyramid Investment Scheme Involving the Two Employees
Most assaults by an employee on another employee on work premises are compensable for the victim of the assault, but the facts in Joseph v. Monmouth County, A-4144-13T3 (App. Div. December 14, 2015) were most unusual. Lesley Joseph was a nursing supervisor at a Monmouth County owned nursing home. On June 9, 2011, Mr. Joseph […]
Appellate Division Affirms Denial of Workers’ Comp Benefits to Owner of Business Based on His Misrepresentations Regarding Nature of His Company’s Business and Its Legal Status
Samuel Roman formed Treeminator Tree Services, Inc. in 2007. By 2012 he and his girlfriend, Sandra Flores, were both employees along with two others. In 2009 Roman sought workers’ compensation coverage with NJM for Treeminator Tree Service, LLC, a company with no employees and engaged in landscaping work but not tree trimming. He obtained the […]
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