Court Rulings
Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy
One of the most significant cases to be decided by the Appellate Division with respect to subrogation rights was issued on December 4, 2018 in New Jersey Transit Corporation v. Sanchez, A-0761-17T3 (App. Div. December 4, 2018). The case will have an impact on how employers deal with a very common scenario in New Jersey. […]
Workers’ Compensation Injury Leads to Indefinite Suspension On Account Of Refusal Of Injured Worker To Submit to Medical Marijuana Drug Testing
Daniel Cotto worked as a forklift operator at Ardagh Glass in Bridgeton, N.J. On November 1, 2016, Cotto hit his head on the roof of a forklift at work. He was advised to see Premier Orthopedics in Vineland, N.J. for a medical examination, and a Premier Orthopedics doctor placed Cotto on light duty work with […]
The End of Voluntary Offers in New Jersey?
On June 21, 2018 the New Jersey Assembly passed Senate 2145, which is a bill long lobbied for by counsel for injured workers. The measure passed by a 2-1 margin and now goes to the Governor for signature, the Senate already having passed the bill. The legislation makes a significant change in removing the incentive […]
Federal Court Rejects Civil Law Suit By Injured Employee
Brian Sims suffered a terrible injury working for Express Scripts, Inc. (hereinafter ESI) on August 24, 2015 when his hand was caught in an industrial machine, leading to the amputation of his left hand and wrist. He brought a civil law suit against his employer alleging willful and intentional conduct. Express Scripts moved to dismiss […]
Federal Court Upholds Employer’s Six Month Leave Policy for Work-Related Injuries
The case of Billups v. Emerald Coast Utilities Authority, 33 AD Cases 1312 (11th Cir. October 26, 2017) presented a challenge by an injured employee to his company’s six month limitation of leave. Mr. Billups injured his shoulder on December 18, 2013 doing his work as a Utility Service Technician II. He felt a pop […]
Police Officer Injured Working Approved Outside Assignment Cannot Sue Contractor Which Hired Township Officers Through the Municipality
Many police officers work outside assignments that are approved through their police department. What happens if an injury occurs to the officer in the approved outside assignment? What are the ramifications for workers’ compensation and civil liability purposes? This issue arose in Dutcher v. Pedro Pedeiro and Black Rock Enterprises, LLC., A-1088-16T3 (App. Div. October […]
Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA
The EEOC has provided guidance that in its view a fairly long leave of absence should be considered a reasonable accommodation even after FMLA leave has been exhausted. The Court in Severson v. Heartland Woodcraft, Inc., 33 AD Cases 1113, September 20, 2017 disagreed rather strongly with that view and did not follow EEOC advice. […]
Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed
When a petitioner files a motion for medical and temporary disability benefits and the only issue is which carrier or employer is responsible, the Judge of Compensation can order benefits paid by one of the parties pending the outcome of litigation. The logic behind this rule is that it is unfair to delay benefits to […]
New Jersey Supreme Court Rejects Summary Judgment for Hospital in Terminating Disabled Employee
Workers’ compensation claims often lead to complex disability discrimination law suits, and the recent New Jersey Supreme Court case of Grande v. Saint Clare’s Health System (A-67-15) (July 12, 2017) provides a good example of this. The case concerned the termination of a registered nurse by the hospital following a series of work-related injuries involving […]
Appellate Division Finds Employee Status, Not Casual Employee Or Independent Contractor Status
Michael Savio was injured on a job site on June 1, 2006. He stated that he worked for Matthew Giambri for four weeks on two job sites, pouring concrete on one site, and doing plumbing work on the other site. Giambri paid him $150 per day to pour concrete; otherwise, he paid him $100 to […]
Court Rejects “On Call” Status As Justification For Alleged Work-Related Injury In Museum
Bo Liu worked for 4D Security Solutions, Inc. as an engineer. He was sent to test the company’s hardware and software at an army base in the United Arab Emirates (UAE). He worked alone on the base and after hours he would upload data to 4D in the United States using a company-issued Blackberry. One […]
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 […]
Employee With Work Injury Was Properly Denied Reasonable Accommodation Request
Kim Mason was injured on March 22, 2011 falling off her UPS delivery truck and injuring her wrist, requiring surgery. She reached maximal medical improvement in October 2011. Several months later she requested accommodations for her wrist disability under the ADA. Her surgeon completed a form which indicated that Mason could not perform all the […]
Court Dismisses Intentional Harm Law Suit Against Employer
Injured workers continue to attempt to sue their employers in civil court for bodily injury no matter how often our courts make clear that such suits are barred unless intentional harm can be proved. For every successful claimant who meets the intentional harm standard, there are thousands whose cases are dismissed on summary judgment. Such […]
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