Archive for March, 2019
Employee’s Failure to Pursue Rights in Workers’ Compensation Court Precludes a Civil Suit for Failure to Accommodate under the ADA and LAD
As practitioners well know, many ADA law suits begin with a workers’ compensation injury. But where is the line between an issue that must be handled in workers’ compensation and one that can be brought in civil court? That was the issue that the New Jersey Supreme Court decided on March 25, 2019 in Caraballo […]
The ERISA Lien – – A Federal “Partner” In State Workers’ Compensation Litigation
By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark If the workers’ compensation practitioner reading this otherwise dry blog finds his/her mind wandering to more exciting topics, let your mind focus on that ominous line from the 1987 classic “Fatal Attraction:” I will NOT be IGNORED!” No, I am not comparing the great acting of Glenn Close […]
The Perez Trio of Cases and Proof of Permanent Partial Disability
It is a remarkable coincidence that the three cases that best explain entitlement to permanent partial disability benefits in New Jersey all involve claimants with the last name of Perez. The most important of the three Perez cases is Perez v. Pantasote, 95 N.J. 105 (1984). This case addressed the key statutory definition in N.J.S.A. […]
New Jersey Legislature Passes Supplemental Benefit for Certain Public Employees or Dependents of Those Employees
On February 25, 2019, the New Jersey Legislature voted to send to the Governor’s desk Senate Bill No. 1967. The Senate passed the bill on October 29, 2018 and the General Assembly passed it on February 25, 2019. The Governor is expected to sign the bill shortly. The original bill was intended to provide a […]
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