Archive for August, 2018
Legislative Changes to New Jersey Workers’ Compensation
On August 24, 2018, Governor Murphy signed a bill that for all practical purposes ends the right of employers to make bona fide offers of permanent partial disability free of counsel fees. The statute that enabled employers to make bona fide offers within 26 weeks of maximal medical improvement, or return to work, whichever is […]
Understanding The Idiopathic Defense
We hear the term “idiopathic claim” quite frequently in workers’ compensation, but what does it really mean? To begin with, “idiopathic” is a combination of two Greek words: “idio” relating to “one’s own” and “pathic” suggesting suffering or disease. It has come to mean any disease or condition of unknown cause. Lawyers and practitioners have […]
Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey
Samuel Kamenette drove over-the-road trucks for Sangillo & Sons. He was injured on October 9, 2015 in the State of Wyoming. He was driving a load from California to New Jersey. He slept the night before in his truck, and in the morning he drove for an hour to a Flying J, part of a […]
Liability Carrier’s Exclusion of Coverage for Workers’ Compensation Injuries Applies to Section 79 General Contractor Determinations of Employment
New Jersey has a sensible provision that protects employees of subcontractors who are injured on construction jobs. If an employee of a subcontractor is injured on a job, and the subcontractor has no workers’ compensation insurance, the injured employee becomes covered by the general contractor’s workers’ compensation policy. But what if the injured employee instead […]
Appellate Division Rules Accident in Access Driveway of Employer after Lunch Was Compensable
George Washington, an employee of Runnells Center for Rehabilitation and Healthcare, left work on March 5, 2015 and drove his car to pick up lunch at a nearby restaurant. Returning from lunch, his car struck a guardrail on a snow-covered access driveway owned by Runnells. He completed an accident report at the scene, exited his […]
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