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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…