Published on: October 31, 2022

Even Respondents Are Entitled To Due Process – Appellate Division Vacates Order Imposing Assessments And Penalties When Respondent Counsel Was Not Permitted To Be Heard

The facts of Safet Saiti v. Garden Homes, A-1328-20, decided October 11, 2022, are simple. On September 3, 2020 an Order for permanency was entered in favor of petitioner. For reasons unknown, payment was not made by respondent within the required sixty-day period from the date of the Order and…

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Published on: October 31, 2022

Good Things Come In Small Package – Appellate Division Reverses A Conflict Of Interest Opinion Against An Insurance Carrier – Appointed Attorney Defending A Worker’s Compensation Claim Filed By A Shareholder Of The Employer

On October 28, 2022, the Appellate Division issued its decision in  Robert Alam v. Ameribuilt Contractors, A-2114-21, approved for publication that same day. We congratulate the Workers’ Compensation team here at Brown & Connery which appealed the case on behalf of its client, and succeeded in getting a reversal on…

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Published on: August 3, 2022

Appellate Division’s Affirmance Of A Respondent Verdict Restates The Oft-Forgotten Concept That An Injury Does Not Automatically Result In An Award Of Disability

On June 1, 2022 the Appellate Division decided the case of Lindell v. W.H. Industries, Inc., A-1815-20. This decision affirmed the dismissal with prejudice of three separate Claim Petitions filed by petitioner for incidents of June 27 and September 14,2007 and August 12,2009. All three claims alleged injuries to her…

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Published on: March 10, 2022

President Biden Signs Bill To Nullify Pre-Dispute Arbitration Clauses For Sexual Harassment And Abuse Claims

On Thursday, February 10, 2022, Congress approved legislation that bars the use of forced arbitration to address sexual harassment and abuse claims in the workplace, entitled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). President Biden signed the Act into law on March 3,…

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Published on: February 9, 2022

Appellate Division Disproves The Old Saying “If At First You Don’t Succeed, Try, Try Again” In Litigation Involving Out Of Time Appeals And Frivolous Filings. Respondents Need To Be Aware Of The Frivolous Litigation Statute.

The unreported Appellate decision in Townsend v. New Transit, A-0559-20, decided February 2, 2022, should now be required reading for all pro se litigants. Claude Townsend, a bus driver for New Jersey Transit, was involved in a bus accident on January 29, 2008. He filed a Claim Petition through counsel,…

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Published on: January 14, 2022

Key Highlights On The U.S. Supreme Court Decision Concerning OSHA and CMS COVID-19 Vaccine Mandates

On January 13, 2022, the U.S. Supreme Court reached split decisions on vaccine mandates issued by the Occupational Safety and Health Administration (“OSHA”) and the Centers for Medicare & Medicaid Services (“CMS”), respectively.  Here are some of the key highlights. CMS Mandate for Healthcare Workers is Upheld In November 2021,…

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Published on: January 14, 2022

On January 11, Governor Murphy Reinstated The Public Health Emergency To Respond To The Omicron COVID Variant; Does Reactivation Of The COVID Presumption Statute Naturally Follow?

On May 11, 2020, as a response to the “original” COVID pandemic New Jersey enacted a COVID presumption statute which created a rebuttable presumption that “essential employees” who contracted COVID19 did so as the result of their employment. That law defined essential employees as employees who are in the public…

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Published on: January 13, 2022

New Jersey Legislature Increases Workers’ Compensation Parking Lot Liability And Exposure For Employers

New Jersey employers will now be subject to yet another expansion of the definition of compensable employment with the Approval of Senate Bill S771 on January 10, 2022. This bill amends Section 36 of the New Jersey Workers Compensation Act by expanding the definition of “employment” as it pertains to…

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Published on: July 28, 2021

Nostalgia For A Great Hot Dog Results In A Finding Of No Compensability

A Workers Compensation judge’s dismissal of a claim by a salesman injured in a motor vehicle accident was affirmed by the Appellate Division in a ruling that held a side trip to a favorite restaurant was a deviation from the course of employment.  Andrew Mackoff v New Brunswick Saw Service,…

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Published on: July 28, 2021

Postal Worker Who Operated An Online Shop While Collecting Disability Benefits Charged With Worker’s Compensation Fraud. The Increasing Popularity Of Online Selling Platforms Creates Opportunities For Disability Fraud (Please note – the charges and accusations made against the defendant are merely accusations, and the defendant is presumed innocent until proven guilty.)

A Union County mail carrier who certified she had no outside employment while collecting federal benefits for a foot injury was charged with one count of fraud by the U.S. Attorney’s office for the District of New Jersey. Aida Perez was charged with one count of knowingly and willingly falsifying,…

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