Compensability
Door Remains Closed to Suits by Employees Against Employers for Intentional Harm
In New Jersey it remains extremely difficult to bring an intentional harm claim against one’s employer. Mere knowledge and appreciation of a risk is not intent. That was the holding in Keller v. Township of Berkeley, A-5767-12T3 (June 22, 2015). Mr. Keller worked as a laborer for the Township sanitation department and suffered serious injuries […]
Plaintiff’s Disability Discrimination Claim Doomed by Contradictory Statements to Social Security
Alphonso Myers worked as a security guard and was injured in that position. He applied for and received social security disability benefits. In his application, he advised the Social Security Administration that he was in pain all the time during the period of his application, he could only stand for twenty minutes and could only […]
Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?
The old adage is that New Jersey is a not a partial temp state, but is that really true? In some states, like New Hampshire, an employee who returns to work but due to disability cannot earn the amount he or she was earning before the work injury may be eligible for significant benefits. The […]
Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement
Unlike many states, most settlements in New Jersey are paid out over a period of weeks, often with payments carrying out well into the future. For example, if an employee receives an award of 40% permanent partial disability, the award is paid over 240 weeks in equal payments beginning with the last payment of temporary […]
PIP Carrier’s Claim Petition Is Rejected for Failure to Show Work Connection
What can a PIP carrier do when it believes the bills it has paid arise from a workers’ compensation case but the injured party has never filed a claim? In New Jersey, the PIP carrier has a right to file a workers’ compensation claim petition in the name of the injured worker, but there is […]
Appellate Court Fine Tunes Standards for Motions for Medical and Temporary Benefits
Sometimes the seemingly minor cases have significant long-term impact. The case of Amedeo v. United Parcel Service, A-1013-13T2 (App. Div. April 8, 2015) may be one of those cases. Thomas Amedeo suffered a work injury in 2009 in the employment of UPS. He filed a workers’ compensation claim petition and ultimately received an award of […]
Court Rejects Claim for Employee Injured on Ground Floor Elevator in Multi-Tenant Building
The case of Burke v. Investors Bank, A-1551-13T1 (App. Div. March 16, 2015) underscores an important point for New Jersey practitioners: one is not considered to be at work in a multi-tenant building until one arrives at the employer’s business. On December 3, 2012, Laura Burke parked her car in the parking garage of the […]
Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable
Eric Hanisko worked as a superintendent of a 120-acre golf course in West Windsor, N.J. He accepted a written offer of employment in February 2008 on behalf of BCGM, a corporation specializing in golf course management, and CGC, the owner of the golf club. His employment package included housing at the club. On April 11, […]
MRSA Claim Found Compensable Based on Timeline of Work Injury
Kenneth Nichols worked for Midstates Packaging, Inc. as a mechanic. He was injured on April 7, 2008, while trying to take the transmission out of a Hyster forklift. While underneath the forklift, Nichols heard a pop in his shoulder when the forklift rolled off the blocks and over his left shoulder. He did not notice […]
New Jersey Supreme Court Rejects Dependency Arising from Employee’s Stroke While Telecommuting
In a long awaited decision, the Supreme Court of New Jersey has overturned an award in the matter of James P. Renner v AT&T (A-71-11) (068744). The case has drawn national attention because it dealt with a stroke claim from an employee who telecommuted quite regularly. Cathleen Renner worked for AT&T for 25 years as […]
Can an Employee Be Paid Less on Light Duty than the Employee Was Receiving in Temporary Disability Benefits?
New Jersey has a powerful provision allowing employers to terminate temporary disability benefits on an offer of light duty, provided that the offer is made. If it is made, the employee must return to the light duty job or temp benefits will be terminated. But what happens if the light duty offer involves fewer hours […]
Supreme Court Finds County Employee’s Injury Not Compensable
In a surprising decision from the New Jersey Supreme Court, an award to Cheryl Hersh, an employee of Morris County, was reversed on April 1, 2014. Ms. Hersh was employed by the County since September 2002 as a Senior Clerk in the Board of Elections. In 2004 the County assigned her free parking at a […]
Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim
The premises rule in New Jersey states that employees are covered when they are on property owned or controlled by the employer. How far can this be stretched? When a car accident occurs on a public street with only part of the car touching the employer’s premises, is an injury still covered under the New […]
Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident
Saul Liebman was living alone after the recent death of his wife in September 2008. At the time he was 81 years old. His daughter made inquiries to find someone who could move into her father’s home and take care of him, including cooking meals and assisting in daily activities. Myroslava Kotsovska, a 59-year-old Ukrainian […]
Employee Cannot Sue Fellow Employee Even If the Conduct Causing Injury Bordered on Criminal Negligence
What if the conduct of an employee during the course of employment is found to be so reckless as to be potentially criminal? Does that permit an injured co-employee to sue his or her fellow employee in civil court for intentional harm? That was the issue addressed in Morales v. Christopher S. Schneider, A-0862-12T4 (App. […]
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