Archive for July, 2012
Accident Crossing Busy Street To Work Site Is Compensable Where County Paid For Parking And Designated Parking Spot
In Hersh v. County of Morris, A-1442-10T4 (App. Div. July 24, 2012), the Appellate Division affirmed an award for claimant,Cheryl Hersh, who worked for Morris County. For the first two years she worked for the County beginning in 2002, the County paid for parking at a private lot located behind her work site at the […]
Court Holds Employer Must Pay Total Disability for Complex Groin Injury Without Second Injury Fund and Could Not Offer Surveillance Tapes Done Post-Testimony
In the case of Marra v. Ryder Transportation Resources, A-5724-10T4 (App. Div. July 2, 2012), the Appellate Division affirmed a holding that the employer was solely responsible for total disability stemming from a groin injury that occurred 15 years ago. The petitioner, Gerard Marra, originally injured himself at work lifting a loading gate. On January […]
Town Wins Workers’ Comp Case by Proving Employee Engaged in Fraud in not Revealing Prior Medical Condition
The Judge of Compensation and Appellate Division found that the employee was entitled to no benefits based on his violation of the New Jersey Fraud Act In Johnnie Jackson v. Township of Montclair, A-2212-11T2 (App. Div. July 5, 2012), the claimant injured his knee while moving large boxes of books at the Montclair Public Library on […]
Appelate Division Disapproves Dual Capacity Doctrine
Danielle Fry worked as a cook for Palroll Inc., trading as the Lakeside Tavern in Branchville, N.J. Palroll operated the tavern and also owned the building in which it was located. The owners of Palroll were the Rohls. On April 13, an employee of a bottling company delivered fifteen canisters of soda and one CO2 […]
New Jersey Supreme Court Nearly Bars the Door to Claims for Inentional Harm
In Van Dunk v. Reckson Associates Realty Corporation, (A-69-10) (066949), the Supreme Court of New Jersey on June 26, 2012 reversed an appellate division decision that had promised to breathe life into suits against employers for intentional harm. Reckson Associates Realty Corporation and Reckson Construction contracted with James Construction Company to build a retention pond […]
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