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 On June 23 the Appellate Division decided the case of Melendez v Burger King, A-1833-19, an unpublished decision which is likely to remain unpublished….

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Published on: June 24, 2021

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…

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Published on: June 24, 2021

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…

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Published on: June 10, 2021

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…

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Published on: April 22, 2021

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…

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Published on: March 25, 2021

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…

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Published on: March 16, 2021

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…

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