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Bill Creating Clear Guidelines in Dispensing of Opioid Medications Introduced in New Jersey Senate
Opioid medications have become a major problem in the New Jersey workers’ compensation system. The number of workers being prescribed opioids has increased dramatically along with other attendant problems, such as addictions to the medications, excessive periods of use, and large numbers of unused opioid pills due to over-prescribing. Every workers’ compensation professional can attest […]
The “General Employer” Is Immune From Civil Suit From An Employee Loaned To A “Special Employer” In New Jersey
In December 2006, Bobby Robinson was injured working at a construction site in Asbury Park, N.J. when a jack hammer “kicked back” and knocked him off a ladder. He filed two workers’ compensation petitions: one against Tishman Construction Corporation and the other against Air Joy Heating and Cooling, Inc. The two companies asserted joint responsibility for […]
Governor Christie Signs Law Providing Special Benefits to Spouses of Deceased Police and Fire Fighters
In a piece of special legislation, Governor Christopher Christie signed into law Senate, No. 1469, on June 13, 2013. The bill pertains to dependency benefits for surviving spouses of certain fire and police personnel who die in the line of duty. Under current law in New Jersey, surviving spouses are entitled to dependency benefits of […]
Appellate Division Rejects Claim By Counsel That Compensation Judge Was Biased and Partial to Respondent
There are very few cases in workers’ compensation where a party asks a judge to recuse himself or herself. One recent case, Executrix of the Estate of Rosemarie Bellino v. County of Hudson, A-0275-11T4, (App. Div. April 30, 2013) provides guidance on the legal standard. Rosemarie Beillino worked as a sheriff’s officer for the County […]
Appellate Court Affirms City’s Termination Of Police Officer For Failing To Take Drug Test And Dismisses Workers’ Compensation Retaliation Claim
John Lance, a police officer for the City of Camden, New Jersey, was injured on May 10, 2004 in a work-related motor vehicle accident. He received medical and temporary disability benefits in workers’ compensation. However, he alleged that his workers’ compensation benefits were improperly terminated in October 2005. On June 12, 2004, about a month […]
Fourth Circuit Holds Pregnant UPS Employee With Lifting Restrictions Was Not Covered Under ADA When Company Prevented Her From Working With Lifting Restriction
Peggy Young worked for United Parcel Services (UPS) as a delivery truck driver. She became pregnant in 2006 and was given a restriction from her doctor indicating that she should not lift more than 20 pounds for the first 20 twenty weeks of her pregnancy and no more than 10 pounds thereafter. Later her midwife reiterated the 20 […]
Employee Who Waited Too Long to Inform Employer of Injury Was Barred From Compensation
Few New Jersey workers’ compensation cases turn on the issue of notice under N.J.S.A. 34:15-17 simply because the New Jersey statute allows up to 90 days in most instances to report a traumatic injury. The case of Ader v. Lebanon Township, A-0383-11T2 (App.Div.March 11, 2013) focused on this section of the law and whether there […]
Can Job Termination Agreements Be Negotiated as Part of Workers’ Compensation Settlements in New Jersey?
There are no published cases dealing with resignation as part of workers’ compensation agreements in New Jersey. Contrary to other states where such resignation agreements are routine, New Jersey employers and carriers seldom negotiate resignation in connection with a workers’ compensation settlement. One main reason this practice does not prevail in New Jersey is that […]
Medicare Smart Act Signed By President Obama
Workers’ compensation practitioners should be aware that President Barack Obama signed the SMART Act on January 10, 2013 (H.R.1845). Just as a side, this bill was attached to a Medicare IVIG Access Bill which has nothing to do with Medicare Conditional Payments. The MSP reforms within this bill are summarized as follows: Section 201 (Conditional […]
New Jersey Bans Medical Providers From Charging Claimants for Work-Related Medical Expenses
New Jersey, like many states, has had an ongoing problem with physicians and hospitals that balance bill injured workers for work-related care. This problem has become more acute in the age of managed care reductions where medical providers dispute the amount they are paid and then send invoices to injured workers for the unpaid balance. […]
2013 Edition of Geaney’s New Jersey Workers’ Compensation Manual Now Available
The 2013 Manual is a compilation of prior editions with particular emphasis on cases decided in 2011-2012, as well as the addition of important chapters for practitioners of workers’ compensation. Some of the 2013 Edition highlights are as follows: New chapter on catastrophic claims in workers’ compensation New chapter on calculating awards in workers’ compensation […]
New Jersey Supreme Court Rules That Injured Employee May Not Sue Workers’ Comp Carrier for Pain and Suffering Caused Allegedly by Carrier’s Delay in Paying for Medical Services
On August 1, 2012, the New Jersey Supreme Court weighed in on an issue that has important implications for all practitioners of workers’ compensation in this state. The decision in Stancil v. ACE USA A-112-10, 06764 concerned a civil law suit stemming from the handling of a compensable work accident that occurred on May 14, […]
Appelate Division Disapproves Dual Capacity Doctrine
Danielle Fry worked as a cook for Palroll Inc., trading as the Lakeside Tavern in Branchville, N.J. Palroll operated the tavern and also owned the building in which it was located. The owners of Palroll were the Rohls. On April 13, an employee of a bottling company delivered fifteen canisters of soda and one CO2 […]
Township is not Responsible for Surgery Sought by Police Officer Where Work Accident was not Proven to be the Cause for Low Back Surgery
Hugh McNeil was a long-time police officer for the Township of South Brunswick. On April 3, 2010, McNeil responded to an emergency call. He was wearing his bulletproof vest and gun belt and said that he hurriedly exited his vehicle, feeling pain in his back. He said he might have hit the steering wheel but […]
Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian
The court makes clear that an unexpected event is covered even if the employee could foresee the harm Accidental disability pensions in the public sector remain controversial because employees receive two thirds or more of their pay for life with no federal tax obligation and no state tax obligation until age 65. The receipt of […]
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