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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,…
Read More >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…
Read More >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…
Read More >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,…
Read More >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,…
Read More >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…
Read More >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…
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