Archive for September, 2015
Appellate Court Refines Rules on Workers’ Compensation Lien Rights
The case of Jose Moreira v. Carlos Peixoto, et. al., A-5741-12T1 (App. Div. September 10, 2015) presents a complex tale of insurance fraud that ends with an important clarification about the lien rights of an employer and the potential challenges to lien calculations by employees. Jose Moreira was injured working privately on a house owned […]
Court Holds that Need for Knee Treatment Is Not Related to Prior Work-Related Meniscal Repair but to Preexisting Arthritis
Employers always struggle with this dilemma: if a claimant receives an award for knee surgery related to a repair of a torn meniscus, does that mean that future knee treatment for arthritis in the knee must be the responsibility of the employer? This issue arises often when the subject at issue is a possible total […]
Accelerating Permanency Payments Where There Is a Large Third Party Award
In the past month three clients have asked what they should do when there is a third party award larger than the comp award and the adjuster needs to pay a permanency award. For example: the claimant recovers $750,000 in a third party law suit. The total medical and temporary disability benefits are $150,000, and […]
Petitioner’s Claim Was Not Time Barred Because He Did Not Know the Precise Nature of His Medical Condition
New Jersey has a statute of limitations for occupational disease claims. In Rajpaul v. McDonald’s Corporation, A-4681-13T4 (App. Div. August 28, 2015), the proper application of the statute became the issue on appeal. In this case, the petitioner worked as a maintenance person from August 1995 until November 2005 at McDonald’s. He began to have […]
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