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Governor Signs COVID-19 Accidental Disability Pension Law

| July 9, 2020 | 0 Comments

A3945 was signed into law on July 1, 2020 by New Jersey Governor Phil Murphy.  The law provides for both

Gathering Information to Make Decisions on Compensability of COVID-19 Cases

| June 25, 2020 | 0 Comments

Employers, third party administrators and insurance carriers have for months been expending a great deal of time collecting information needed

Appellate Court Allows Employee To Reopen Terms Of A Consent Settlement To Reconstruct Wages

| June 12, 2020 | 0 Comments

A recent unpublished case poses an unusual question:  can a party to a consent settlement for a percentage of disability

Appellate Division Rejects Argument That Employee Was On A Special Mission And Was Compelled To Report To A Training Meeting

| June 4, 2020 | 0 Comments

A key doctrine in the law known as “respondeat superior” provides that an employer is responsible for the acts of

Appellate Division Finds that Dismissal of Comp Case and Motion for Medical and Temporary Disability Benefits Violated Petitioner’s Due Process Rights

| May 18, 2020 | 0 Comments

In the past few years there have been several unreported cases in which the Appellate Division has found a violation

Are There Workers’ Compensation And Employment Consequences For Failure To Use Protective Devices Required Under COVID-19 Policies?

| May 4, 2020 | 0 Comments

I had a recent discussion in relation to an upcoming COVID-19 webinar with former Supervising Judge of Compensation, Ray. A.

Enhanced Legal Presumptions Do Not Make Sense For Pandemic-Related Claims

| April 27, 2020 | 0 Comments

Proposed Senate Bill 2380 sponsored by New Jersey Senate President Stephen Sweeney seeks to create a new legal presumption of

Policy Holder Made Material Misrepresentations To Its Workers’ Compensation Carrier Warranting Finding Of Fraud Under N.J.S.A. 34:15-47.4

| April 13, 2020 | 0 Comments

N.J.S.A. 34:15-79(a) is the source of considerable litigation in workers’ compensation.  It provides that “Any contractor placing work with a

Preventive Actions Do Not Trigger Temporary Disability Benefits In Comp and New Paid Emergency Sick Leave Act For Coronavirus For Employers With Less Than 500 Employees Effective April 1, 2020

| April 6, 2020 | 0 Comments

Let me begin with a correction to a prior blog.  A few weeks ago I wrote in a blog about

The Brave New World of Telecommuting and Workers’ Compensation

| April 2, 2020 | 0 Comments

In response to the world-wide coronavirus epidemic, one of the most remarkable societal changes taking place in America today is