The Underutilized and Underappreciated Defense of Lack of Timely Notice
Some defenses, like the going-and-coming rule, get all the attention but there are other less well known defenses, like lack of timely notice, which can be very powerful as a defense in workers’ compensation. One of the reasons that the notice defense is often ignored in New Jersey is its peculiar wording. It has three […]
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 […]
Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries
Light duty was the issue in Smith v. DuPage Cnty. Sheriff, 33 AD Cases 789 (N.D. Ill. June 5, 2017). Four Sheriff’s Deputies suffered work injuries in 2013 and 2014 and received full salary for one year while on leave from their injuries. After the one-year period, the officers received the statutory amount for temporary […]
Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer
Occupational psychiatric claims, like all occupational claims, must be filed within time or be subject to the statute of limitations defense. The challenge is always whether the employer can prove that the employee knew the nature of his condition and its relationship to work. That was the issue in Bender v. Township of North Bergen, […]
New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations
Cases involving temporary staffing agencies and professional employer organizations often lead to unusual and complex legal issues in workers’ compensation. The recent case of Detres v. Workforce Logistics Corp., A-4963-15T1 (App. Div. August 25, 2017) illustrates this point quite well by delving deeply into coverage and conflicts of law issues in a very high exposure […]
Court Rejects Argument that Level I and II Trauma Centers Deserve Special Fee Schedules in Comp
In University Physicians Associates v. Transport Drivers, Inc., A-3350-15T2 (App. Div. August 22, 2017), the Appellate Division considered an argument that Level I and II Trauma Centers should be given different treatment when it comes to billing along the lines that they receive under the fee schedule for No-Fault automobile policies. The case stemmed from […]
How Employers Can Win Trials On Reopeners
Last week I wrote about how employers should not handle reopener claims, namely trying them on reports without expert testimony. The case of Kalucki v. United Parcel Service, A-3486-15T3 (App. Div. August 15, 2017) demonstrates the winning strategy for employers to adopt in reopener claims. The case involved an injury that took place many years […]
Respondent’s Decision Not To Produce Live Testimony Costs Dearly On Reopener Award
There is a cardinal rule in workers’ compensation trials that employers and defense counsel must follow: never try a case on reports unless the exposure is minimal. To put it another way, where the exposure is significant, the employer must bring in a medical witness for testimony and cross examine the petitioner’s expert. The employer […]
UPS Prevails By Means of Occupational Statute of Limitations Defense on Claim for Bilateral Knee Replacement Surgery
The best defense against an occupational disease claim is often the statute of limitations. That is how the employer won in Mara v. United Parcel Service, A-3691-15T4 (App. Div. August 4, 2017). The case involved a package car driver named Craig Mara who began working for UPS in 1983. He filed a claim petition in […]
How Employers Can Reduce Permanency Awards In New Jersey At No Cost
Permanency awards in the New Jersey Division of Workers’ Compensation can amount to very significant dollars. An award of 40% partial permanent disability at 2017 rates amounts to $114,720 – tax free. Furthermore, the case can be reopened within two years from the last date of payment for further permanency benefits. If the employee reopens […]
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 […]
Appellate Division Affirms Award of UPS Driver’s Motion for Med and Temp
Roy Hendrickson worked for thirty years at UPS. His first 19 years were as a package car driver making over 100 stops per day to deliver or pick up packages. He injured his back in 1992 but did not file a workers’ compensation claim. In 2002 he injured his back lifting a heavy package, losing […]
Injury To Officer On Unscheduled Day Is Found Compensable Because Officer Was Not Just Picking Up Paycheck But Checking Scheduled Court Dates
In a surprising but unreported decision, the Appellate Division affirmed an award to a police officer who fell in the municipal parking lot on December 9, 2011 on a day when he was not supposed to be at work. The officer said he came to work to collect his paycheck and also to check his […]
The Critical Importance of a Thorough Supervisor’s Report Form in Workers’ Compensation
In every state, two investigative forms have an enormous impact on helping employers save money and win cases in workers’ compensation: first, a detailed Employee Accident Form filled out entirely by the injured employee and signed by the employee, and second, a detailed Supervisor’s Report Form. This practitioner has tailored both forms for the use […]
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