The Very Sensible Premises Rule In New Jersey Workers’ Compensation
Until 1979 New Jersey had a doctrine known as the “going and coming rule,” and that rule basically said that employees were not covered for workers’ compensation when they were going to work or coming from work. Scores of exceptions emerged over the years, creating a patchwork of inconsistency, thus prompting the New Jersey Legislature […]
County Did Not Violate ADA When It Proposed A Half-Time Office Job With Full Pay But Refused To Grant Other Accommodations Requested By Plaintiff
One of the most difficult issues for employers to deal with is the work injury which leaves an employee with lasting difficulties in performing job duties. Employers encounter this frequently with occupational claims such as carpal tunnel or epicondylitis where the employer settles the compensable workers’ compensation claim and then places the employee back in […]
Triennial Recalculation Issue Decided in Favor of Respondents and 2nd Injury Fund
The Honorable Joshua Friedman decided an issue this month that has been pending for several years regarding calculation of the Social Security Disability offsets in workers’ compensation cases for petitioners under the age of 62. A petitioner’s attorney had brought motions in five cases including one handled by our office, asserting that the SSD offset […]
Section Twenty Settlements and Subrogation Rights
Section 20 settlements are not technically payments of workers’ compensation benefits except for insurance rating purposes. These settlements are popular with employers because the file can be closed for good with no potential for a reopener claim. In many states, the Section 20 settlement is called a full and final settlement. But does a Section […]
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. […]
The Amazing Rise of Medical Claim Petitions in New Jersey Workers’ Compensation
Just six years ago, former Governor Chris Christie signed into law a bill which vested exclusive jurisdiction within the Division of Workers’ Compensation over any disputed medical charge arising from any claim for compensation for a work-related injury or illness. That was the beginning of what we now call “Medical Claim Petitions” or MCPs filed […]
Do Voluntary Offers Still Make Sense in New Jersey Comp?
By now all workers’ compensation practitioners know of the law change in 2018 with respect to voluntary offers or bona fide offers of permanency. The new law amended the 1927 law that allowed employers to make voluntary offers within certain time limits free from counsel fee. The law passed in 2018 provides that if there […]
New Jersey Plaintiff Failed to Prove His Obesity Met Standard of an ADA Disability
Richard Helmrich worked as an Assistant Director of Food and Beverage at Mountain Creek Resort. He was a large man, six-feet-tall with a body mass index between 40.27 and 47.53, above the threshold for obesity. During his employment with the Resort he informed his boss of his weight and heart conditions. His doctor diagnosed him […]
UBER Style Business Found To Be Employer of Driver
Julio Pendola fractured his ankle in 2014 picking up a customer and filed a petition in the Division of Workers’ Compensation. He asserted that he worked exclusively as a driver for Classic, which had over 100 cars. He purchased his own car after consulting with Classic. The company required Pendola to paint the car silver […]
Two Competing Maxims In Workers’ Compensation
There are two maxims in workers’ compensation that appear on their face to be contradictory. The first is that the employer takes employees as the employer finds them. The second is that employers are not responsible for idiopathic or purely personal conditions. Both maxims generally pertain to workers who have preexisting conditions, and both maxims […]
Basic Principles to Consider In Appeals from the Division of Workers’ Compensation
In every workers’ compensation trial both parties believe passionately in their position, but in the end, one party will prevail and one will lose. Inevitably, the losing party will have to consider whether to file an appeal. It is important to understand the appellate process, particularly the types of cases that stand a good chance […]
Fired Amtrak Employee Can Proceed To Jury Trial on Claim of Perceived Disability Discrimination
David Rollins worked for Amtrak for 23 years until August 2015 as a supervisor in North Brunswick, N.J. overseeing 20 employees performing track maintenance. His normal supervisor went on vacation, and Rollins experienced tension and stress with his temporary supervisor, Josh Newbold. Rollins reported to another supervisor, Semliatschenko, his concerns about safety due to what […]
Understanding Causation and Liability in Relation to Section 20 Settlements
New Jersey workers’ compensation has two kinds of settlements: those under Section 20, a full and final settlement, and those under Section 22, an accepted percentage of disability settlement with reopener rights retained by the petitioner. Section 20 settlements are popular with employers and carriers because they do not involve an admission of liability, and […]
Advantages of Telemedicine in Workers’ Compensation
Does telemedicine have a place in workers’ compensation? This practitioner was undecided on this question until a week ago when participating in a conference devoted to the benefits of using telemedicine in workers’ compensation. The presentation was offered by Concentra, and it made a strong case for telemedicine as a useful adjunct to workers’ compensation […]
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 […]
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