Archive for October, 2018
UBER Style Business Found To Be Employer of Driver
Julio Pendola fractured his ankle in 2014 picking up a customer and filed a petition in the Division of Workers’ Compensation. He asserted that he worked exclusively as a driver for Classic, which had over 100 cars. He purchased his own car after consulting with Classic. The company required Pendola to paint the car silver […]
Two Competing Maxims In Workers’ Compensation
There are two maxims in workers’ compensation that appear on their face to be contradictory. The first is that the employer takes employees as the employer finds them. The second is that employers are not responsible for idiopathic or purely personal conditions. Both maxims generally pertain to workers who have preexisting conditions, and both maxims […]
Basic Principles to Consider In Appeals from the Division of Workers’ Compensation
In every workers’ compensation trial both parties believe passionately in their position, but in the end, one party will prevail and one will lose. Inevitably, the losing party will have to consider whether to file an appeal. It is important to understand the appellate process, particularly the types of cases that stand a good chance […]
Fired Amtrak Employee Can Proceed To Jury Trial on Claim of Perceived Disability Discrimination
David Rollins worked for Amtrak for 23 years until August 2015 as a supervisor in North Brunswick, N.J. overseeing 20 employees performing track maintenance. His normal supervisor went on vacation, and Rollins experienced tension and stress with his temporary supervisor, Josh Newbold. Rollins reported to another supervisor, Semliatschenko, his concerns about safety due to what […]
Understanding Causation and Liability in Relation to Section 20 Settlements
New Jersey workers’ compensation has two kinds of settlements: those under Section 20, a full and final settlement, and those under Section 22, an accepted percentage of disability settlement with reopener rights retained by the petitioner. Section 20 settlements are popular with employers and carriers because they do not involve an admission of liability, and […]
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