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Appellate Division Reverses Award to Petitioner in Occupational Pulmonary Case

By on December 13, 2013 in Claims with 0 Comments

Anthony DiFabrizio worked for US Airways since 1985 at both Newark Airport and LaGuardia Airport.  At Newark Airport he loaded and unloaded baggage from planes, trucks and conveyor belts, as well as driving equipment to push back planes from ramp areas.  At LaGuardia he worked from 1995 to 2008 doing similar work. He also worked […]

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Appellate Division Affirms Decision of Judge of Compensation on Making an Adverse Inference From Failure of Petitioner to Produce Treating Cardiologist in Case

By on September 6, 2013 in Claims with 0 Comments

Of what significance is it when a claimant who has been treating with a cardiologist for decades files a pulmonary claim but never produces the cardiologist to testify? That was the key issue in Donato v. Jersey City Municipal Utilities Authority, A-5984-11T4 (App. Div. August 21, 2013). John Donato worked for the JCMUA from 1961 […]

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Court Rejects Occupational Stress Claim

By on June 27, 2012 in Claims with 1 Comment

Employee could not prove objectively verified stressful conditions  New Jersey has a sensible occupational stress standard, namely that the person claiming work stress as a cause for psychiatric illness must prove objectively that the work conditions were stressful.  Since all employees experience some degree of stress, this standard is not very easily met. In Knight […]

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Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions

By on January 12, 2012 in Claims with 2 Comments

Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman.  Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off.  She said it was the most stressful job she ever had. Petitioner also […]

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Pulmonary/Respiratory – Laffey v. City of Jersey City

By on July 7, 2008 in Claims with 0 Comments

In one of the most important decisions since the 1979 amendments, the Appellate Division reversed in Laffey v. City of Jersey City, 289 N.J. Super. 292 (App. Div.), certif. denied, 146 N.J. 500 (1996) an award of 35% permanent partial disability for a Jersey City police officer who testified that his breathing was worsened by constant exposure to dusts, fumes, […]

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Occupational Stress – Stroka v. United Airlines

By on July 7, 2008 in Claims with 0 Comments

When an employee’s worrying is not based on events which actually took place involving the employee but only on what might have happened to the employee, that kind of worrying has been found not compensable. An example is the case of Stroka v. United Airlines, 364 N.J. Super. 333 (App. Div. 2003), certif. denied, 179 […]

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Occupational Stress – Goyden v. State Judiciary

By on July 7, 2008 in Claims with 0 Comments

The most important occupational stress psychiatric opinion is Goyden v. State Judiciary, 256 N.J. Super. 438 (App. Div. 1991), aff’d, 128 N.J. 54 (1992). Goyden was the first significant post-1980 case construing Section 31. It involved a claim by the supervisor of records in the office of the Clerk of the Supreme Court, who was adjudged […]

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