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Joint Employment Situations In Workers’ Compensation Are Not Limited To Two Employers
New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007. He performed various job duties for a number of companies. His estate sued Safer […]
Counsel Fees In New Jersey Workers’ Comp Are Not Limited To 20%
Failure to make timely payment of temp benefits may subject employer to enhanced fees We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates. The case has now made its third appearance before the Appellate Division. The initial issue before the court was whether […]
Board Of Education Is Assessed Penalties For Late Payments
Lori Ferguson was hired as a physical education teacher for the Trenton Board of Education in 1998. She taught full-time and also was approved by the Board as a summer school teacher in 2000, 2002, and 2003. On January 7, 2004, Ferguson was injured while setting up a scoreboard for her students. A television fell […]
Occupational Back Claim Is Held To Be Time Barred And Alleged Subsequent Work Injury Is Defeated By Medical Records Showing An Injury At Home Immediately Prior To Cessation Of Work
James Graf worked from 1982 to December 2002 refinishing wood floors. He had a physical job. He operated a 230-pound sander, a 50-pound edging machine, and a radiator sander. He would remove pieces of heavy equipment from his employer’s van and carry the equipment up the stairs to the work location. He also stained sanded […]
Facebook – Ushering in a New Era of Discovery?
As the world in which we live continues to become more technologically advanced, it should come as no surprise that this advancement is having effects on many areas of the law. Attorneys and clients are beginning to see the interplay between social networking sites, such as Facebook, and the law, as these social platforms are […]
Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law
It is long past obvious that the Medicare Secondary Payer Statute is here to stay. But how well is the MSP faring in the courts? Judging by the decision in Hadden v. United States of America, CMS would say that it is faring quite well, thank you. The Hadden case was decided on November 21, […]
Part-Time Worker Receives Total Disability Award And Reconstructed Wage
Rommel Calle worked part-time for DaJana Industries from November 2004 to March 2005. During the other months of the year he did work as a laborer for several other employers. On March 8, 2005 Calle injured his back when he fell while pulling a hand truck loaded with 50 bags, each bag weighing about 50 […]
Capehart Scatchard Volunteers Go To The Dogs!
Employees of Capehart Scatchard recently volunteered for and participated in the 4th Annual “Bark In the Park” dog walk and festival at the Rose Tree Park in Media, Pennsylvania on Saturday, October 8, 2011. Proceeds from the event benefited the Delaware County S.P.C.A. which was able to exceed its fundraising goal in this one event. Please […]
Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked
Edwin Conk applied to work for Friendly Village (FV), a mobile home park in Toms River, N.J. FV is a limited liability company, the managing member of which is PCI Redhen Corporation (PCI). PCI owns 100% of the stock of Advanced Horizons Enterprises, Inc., (AHE). AHE managed FV’s financial affairs andFriendlyVillage. Conk’s employment contract was […]
Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim
There are thousands of medical reimbursement claims filed by medical providers in the New Jersey Division of Workers’ Compensation. A comprehensive decision following a lengthy trial was recently handed down by the Honorable Virginia Dietrich, Administrative Supervisory Judge of Compensation. To this practitioner’s knowledge, this is the first fully tried decision in the Division involving […]
Teacher Found Still In Employment When Injured After Picking Up Child At School Where Teacher Worked
Workers’ compensation issues often arise in the context of civil litigation. That is what happened in the case of High v. Rose, A-2539-09T1 (App. Div. July 26, 2011). Toni Lee High worked as a nurse at Montclair Kimberley Academy. On the day of the accident High was supervising children entering school buses at the Academy […]
Heart Case – Hellwig v. J.F. Rast & Co., Inc.
In a traumatic heart claim, New Jersey requires a comparison between work and non-work effort. The Central Issue Is: Does A Claimant Have To Prove That The Work Effort Was Greater Than Both What He Usually Did At Work And What He Did Outside Of Work? The answer came in one of the most important […]
Permanency Standard of Proof – Perez I, II and III
It is an uncanny coincidence that three of the most important post-1980 cases dealing with the quality of proofs for permanent disability all begin with the name of Perez. Thus, these three claimants, all unrelated presumably, have left their mark on New Jersey law as Perez I, II, and III. Perhaps the most important case […]
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