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…
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…
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…
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…
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…
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…