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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 On June 23 the Appellate Division decided the case of Melendez v Burger King, A-1833-19, an unpublished decision which is likely to remain unpublished….
Read More >Appellate Division Denies A Worker’s Compensation Claim Based On The Recreational/Social Activity Exception Of The NJ Worker’s Compensation Act. Tips For Employers Planning Summer Activities
In an unreported decision released on June 8 the Appellate Division denied a petitioner’s claim for workers compensation benefits for injuries she sustained in a post-holiday party motor vehicle accident. On Friday, December 23, 2016, respondent, F&B Garage Door (F&B) hosted its annual holiday party at a local restaurant. F&B’s…
Read More >Appellate Division Affirms Dismissal Based On Credibility Of Medical Experts. Prompt Furnishing Of An MRI Post-Accident Was Also Key To A Defense Win
The importance of expert medical testimony in workers compensation litigation was emphasized by the Appellate Division in the matter of Patricia Costanzo v Meridian Rehab, A-5547-18, decided June 17, 2021. In addition, while not a factor relied upon in the Court’s decision, this case shows the importance of providing timely…
Read More >New Jersey Supreme Court Expands Employer’s LAD And Worker’s Compensation Liability In LAD/WC Decision
In an almost 50 page decision decided June 8, 2021, Justice Jaynee LaVecchia, writing for a unanimous Court, expanded workers compensation liability for employers in a case involving an employer’s failure to accommodate an employee’s disability under the Law Against Discrimination (LAD). This decision should serve as a warning and…
Read More >Intentional Torts Exempted From Being Heard In Workers’ Compensation Courts
On March 21, 2021, Judge William Martini of the Federal District Court of New Jersey dismissed David Eckert’s suit against his employer, U.S. Foods, agreeing with U.S. Food’s argument that Mr. Eckert’s exclusive remedy for his injuries was under the New Jersey Workers’ Compensation Act. Mr. Eckert was an employee…
Read More >Retroactive Application Of The Hand And Foot Bill In New Jersey Worker’s Compensation
Section 12 of the New Jersey Workers Compensation Act (N.J.S.A. 34:15-12) was amended in 2020 to increase the schedule of permanent disability benefits for bodily injuries to the hands and feet. The purpose of the amendments was to address a long-standing perception that those workers suffering injuries to the hands…
Read More >Temporary Disability Issues & The Potential Impact Of The Corona Virus State Of Emergency In New Jersey
The State of New Jersey is a wage loss State for the purposes of workers’ compensation benefits. The benefit is meant to compensate the Petitioner for his/her lost weekly wages while they are unable to perform their job duties as a result of a workplace injury that has been admitted…
Read More >The Legalization Of Recreational Marijuana And What Employers Need To Know Now
On February 22, 2021, Governor Murphy signed three bills into law legalizing adult-use of cannabis and decriminalizing marijuana possession in New Jersey. The first, the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (“CREAMMA”) removes cannabis as a Schedule I drug and legalizes personal cannabis use for adults…
Read More >Limits Imposed on Medical Provider Applications In New Jersey Worker’s Compensation
The Appellate Courts have issued guidance on jurisdictional issues raised by medical provider applications. The New Jersey Workers Compensation balances injured workers’ entitlement to treatment with the cost of that treatment by permitting medical providers to charge the “usual and customary” rate for procedures. Costs are controlled by permitting employers…
Read More >COVID-19 Pandemic and Impact on NJ Workers Compensation Claims
On May 12, 2020, the NJ Senate Labor Committee reported favorably on Bill S2380 designed to create a presumption of compensability for “essential employees” that contract COVID-19. The proposed legislation significantly impacts the NJ Workers Compensation Act by virtue of creating a presumption, albeit rebuttable, that an “essential employee” testing…
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