Archive for April, 2017
Court of Appeals Affirms Termination of Employee Based on Employee’s Own Doctor Report
Walter Aston worked for Tapco International for 20 years as a shipping and receiving clerk, display builder and a maintenance worker. He suffered a heart attack in May 2010. The company granted 12 weeks of FMLA leave as well as an additional 14 weeks of short-term disability leave. The company policy was not to hold […]
Appellate Division Holds That New York Worker Who Accepted A Job Offer While In New Jersey Was Hired In New Jersey Conferring Jurisdiction In New Jersey
When an employee returns to work following a work injury, in many states that ends the workers’ compensation case, but not in New Jersey. In our state, that just moves the case to the final stage of permanency benefits for loss of function of the body member. The availability of loss of function awards following […]
Petitioner Had No Duty To Intervene In Altercation, Traumatic Brain Injury Following Wrestling Incident Not Compensable
The recent case of Benimadho v. Somerville Borough Fire Department, A-2351-15T3 (App. Div. April 10, 2017) is fascinating because it draws a line between horseplay, which is ordinarily compensable, and conduct that goes beyond what the employer approves when an employee is away from the normal place of employment. The case involved a serious brain […]
Petitioner’s Expert’s Findings in Physical Exam Constituted Objective Evidence to Support Increase on Reopener from 35% to 45%
The New Jersey statute permits claimants who receive an order approving settlement to reopen claims for additional medical, temporary or permanent disability benefits. In Holowchuk v. O’Sullivan Menu Publishing, A-5235-14T3 (App. Div. April 6, 2017), the petitioner, Robert Holowchuk, injured his low back lifting two, five gallon drums of chemicals in 2007. He received an award […]
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