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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Published on: July 28, 2021

Appellate Division Finds Multiple Violations of OSHA Safety Standards Insufficient To Prove Intentional Wrong Under New Jersey Worker’s Compensation Act

The New Jersey Workers Compensation Act’s Exclusive Remedy Doctrine, N.J.S.A. 34:15-8, was again tested in the consolidated wrongful death actions of Estate of Oscar Portillo v. Bednar Landscaping Services, Inc. and Estate of Selvin Zelaya v. Bednar Landscaping Services, A-3110-19, decided July 8, 2021. Both cases arose from the same…

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Published on: June 28, 2021

Pro Se Appellant Tries Ineffective-Assistance-Of-Counsel Argument To Counter Her Not Credible And Contradictory Testimony At Trial

A pro se appellant tried a unique – but unsuccessful – argument to resurrect her Workers Compensation claim which had been dismissed with prejudice after trial. On June 23 the Appellate Division decided the case of Melendez v Burger King, A-1833-19, an unpublished decision which is likely to remain unpublished….

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