Archive for August, 2017
New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations
Cases involving temporary staffing agencies and professional employer organizations often lead to unusual and complex legal issues in workers’ compensation. The recent case of Detres v. Workforce Logistics Corp., A-4963-15T1 (App. Div. August 25, 2017) illustrates this point quite well by delving deeply into coverage and conflicts of law issues in a very high exposure […]
Court Rejects Argument that Level I and II Trauma Centers Deserve Special Fee Schedules in Comp
In University Physicians Associates v. Transport Drivers, Inc., A-3350-15T2 (App. Div. August 22, 2017), the Appellate Division considered an argument that Level I and II Trauma Centers should be given different treatment when it comes to billing along the lines that they receive under the fee schedule for No-Fault automobile policies. The case stemmed from […]
How Employers Can Win Trials On Reopeners
Last week I wrote about how employers should not handle reopener claims, namely trying them on reports without expert testimony. The case of Kalucki v. United Parcel Service, A-3486-15T3 (App. Div. August 15, 2017) demonstrates the winning strategy for employers to adopt in reopener claims. The case involved an injury that took place many years […]
Respondent’s Decision Not To Produce Live Testimony Costs Dearly On Reopener Award
There is a cardinal rule in workers’ compensation trials that employers and defense counsel must follow: never try a case on reports unless the exposure is minimal. To put it another way, where the exposure is significant, the employer must bring in a medical witness for testimony and cross examine the petitioner’s expert. The employer […]
UPS Prevails By Means of Occupational Statute of Limitations Defense on Claim for Bilateral Knee Replacement Surgery
The best defense against an occupational disease claim is often the statute of limitations. That is how the employer won in Mara v. United Parcel Service, A-3691-15T4 (App. Div. August 4, 2017). The case involved a package car driver named Craig Mara who began working for UPS in 1983. He filed a claim petition in […]
How Employers Can Reduce Permanency Awards In New Jersey At No Cost
Permanency awards in the New Jersey Division of Workers’ Compensation can amount to very significant dollars. An award of 40% partial permanent disability at 2017 rates amounts to $114,720 – tax free. Furthermore, the case can be reopened within two years from the last date of payment for further permanency benefits. If the employee reopens […]
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