Court Rules That Inability To Understand The English Language May Form the Basis For Total Disability Under The Odd-Lot Doctrine But Also Finds Petitioner’s Proofs To Be Lacking
There are few appellate division cases on the odd-lot doctrine in workers’ compensation, and there are next to none on lack of proficiency in English as a sole factor for odd-lot unemployability. For this reason it is worth reviewing the recent decision in Avendano v. Target Corporation, A-1609-18T2 (App. Div. December 17, 2019). In this […]
Jurisdictional Issue in Med Mal Decision In New Jersey May Presage Likely Dismissal of MCP Cases Arising from New York Injuries and New York Employment
In 2020 we will likely get a published Appellate Division decision that resolves whether a medical provider can bring a medical claim petition in New Jersey where virtually all contacts are in New York State except for where the surgery occurs and sometimes where the claimant lives. One hint of how the Appellate Division may […]
First NJ Workers Compensation Appellate Opinion On Opioid Use Is Approved For Publication
The case of Martin v. Newark Public Schools was the subject of an earlier blog on October 7, 2019. At the time of that blog, the case had not been approved for publication. On December 13, 2019, the Committee on Publications decided to approve Martin for publication. It is now the only published decision in […]
Avoiding Compensable Holiday Party Accidents
We are in holiday season. Many private and public entities have holiday parties this time of year, and inevitably there will be accidents either going to or from the party or perhaps slipping and falling on the dance floor. What do employers need to know and what can they do to avoid such claims when […]
Does An Employer Owe Temporary Disability Benefits When An Injured Worker Returns To A Second Job But Is Unable To Return To The Injury-Connected Job?
Few scenarios generate more questions from clients than whether a carrier or third party administrator in New Jersey can cut off temporary disability benefits when an employee engages in part-time employment while receiving temporary disability benefits for the job-connected injury. This is a much bigger issue than it was 30 years ago precisely because so […]
Notice to Carriers, TPAs and Joint Insurance Funds: Requirements of New Supplemental Benefits Law For Dependents of Public Safety Workers
Effective June 17, 2019, N.J.S.A 34:15-95.6 became law in New Jersey. This law applies to dependents of public safety workers, who are defined as officers of a paid, partially-paid, or volunteer fire or police department, force, company or district, including the State Police or a first aid or rescue squad. The purpose of this law […]
Appellate Court Affirms Decision That Company’s “Fun Day” Was Not a Work Event
Any decision from the Appellate Division on recreational or social activities is welcome precisely because there have been so few decisions since the 1979 Amendments. The case of Goulding v. NJ Friendship House, Inc., A-5996-17T3 (App. Div. November 7, 2019) is the most recent decision on this area of law in years. Kim Goulding worked […]
Respondent’s Counsel’s Failure to Comply with Rules Governing Motions for Med and Temp Leads to Court Order in Favor of Petitioner
Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation. Because injured workers are not receiving benefits, motions for medical and temporary disability benefits require all parties to work swiftly to prepare for court hearings. In the case of Capel v. Township of Randolph, A-1315-18T1 (App. […]
Employee of Temp Agency Was Barred from Suing Client Company
When individuals work for staffing agencies, interesting legal questions often arise. In Uribe v. Quartz Master, A-4071-17T1 (App. Div. May 2, 2019), Alberto Uribe was injured working for On Target Staffing, LLC, a job placement agency. On Target had a “Temporary Employee Work Agreement” with Quartz Master, where it placed Uribe. That agreement provided that […]
Robert Wood Johnson Barnabas Health Found Not Responsible For Injury To Nurse In Public Street
In an important decision, the New Jersey Appellate Division decided on October 16, 2019 that a nurse who was walking from work premises to a parking lot following her shift at Jersey City Medical Center/ RWJBH was not in the course of employment when she was struck by a motor vehicle. Christina Adinolfi Shea, partner […]
Appellate Court Affirms Judge of Compensation in Ruling That Continued Opioid Use Would Neither Reduce Pain Nor Improve The Injured Worker’s Function
There are surprisingly few appellate division cases focusing on the employer’s obligation to provide continuing opioid treatment. Martin v. Newark Public Schools, A-0338-18T4 (App. Div. October 4, 2019) is therefore one case practitioners should study closely. The case involved a reopener of an award for Samuel Martin of 15% permanent partial disability for aggravation of […]
What Past Medical History Is Most Important In Orthopedic Claims in Workers’ Comp?
The New Jersey workers’ compensation system has one glaring drawback for employers, namely the absence of any formal discovery in traumatic injury cases. There are no standard interrogatories in traumatic claims and no depositions. The consequence of this is that claims sometimes get passed through workers’ compensation that really involve long-standing and preexisting conditions which […]
The Concept of “Work Connected” in New Jersey Workers’ Compensation
Employers are responsible for “accidents arising out of employment” under most state workers’ compensation laws. What does this language really mean? The easiest way to interpret this language is to consider whether the accident has a genuine connection to work or just happens to occur at work. Take for example someone who is sitting at […]
Appellate Court Holds That Employee Failed to Prove That United Airlines Was Responsible for Injury to Worker’s Shoulder Related To Physical Therapy Performed On Her Work-Related Wrist Injury
What happens when an employee is treating for one injury and during the course of treatment he or she develops a brand new injury? There are precious few cases on this set of facts, and the latest decision in Robinson v. United Airlines is extremely important to practitioners in analyzing how to approach derivative injury […]
Handling Scar Injury Cases Effectively In New Jersey
There are a large number of petitions for permanent partial disability benefits filed each year in New Jersey for scars and serious lacerations. It is important for practitioners to understand that injuries due to scars are subject to completely different proofs from all other physical injury claims in New Jersey. The main difference between a […]
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