Workers Compensation
Review of Workers Compensation Statute and Proof of Permanency
Submitted by New Jersey Workman’s Compensation Lawyer, Jeffrey Hark This case represents a recent review of New Jersey’s Workers Compensation Statute and petitioner’s evidentiary burden regarding proof of ‘permanent’ injury. The following is the court’s discussion of NJSA 34:15-36. The statute that defines the elements of proof necessary to sustain a compensable injury is N.J.S.A.…
Read MoreWrongful Death and the Workers Compensation Act
Submitted by New Jersey Civil Lawyer, Jeffrey Hark This blog concerns Blackshear v. Syngenta Crop Protection, Inc. which was decided by the Appellate Division on October 6, 2014. The plaintiff, wife of Mr. Blackshear brought a wrongful death claim against his former employer and several pesticide manufacturers when he died of brain cancer. The trial…
Read MoreCompensable Occupational Diseases: What Counts And What Doesn’t In Workers’ Compensation
This case Russo v. Schaffer, DMD, decided August 8, 2014involves a dental hygienist who worked for different dentists between 1991 and 2007 and made six separate claims for workers’ compensation benefits for multiple health problems including right carpal tunnel syndrome and depression. The claims were consolidated into one case. In a workers’ compensation case, the…
Read MoreAppellate Review in Workers’ Comp – United Airlines
Submitted by Workers Compensation attorney, Jeffrey Hark This blog discusses an appeal by United Airlines of a final judgment of the Division of Workers’ compensation, Huesser v. United Airlines, decided July 14, 2014. The petitioner-respondent was an employee who after seven years as a flight attendant, injured her left shoulder and lower back when her…
Read MoreCredible Misstatements v. Lies in Workers’ Compensation Cases
In the recent case of Neglia v. Craft Carpentry and Drywall the Appellate Division court was asked to reconsider a case in two situations (a) was the trial court’s decision based on an incorrect or irrational basis, and (b) the court failed to consider some very relevant or probative evidence. The case involves a petitioner…
Read MoreWorkers Compensation Review: Dennis Blake vs. Asbury City & Second Injury Fund
Submitted by Workers Compensation Attorney, Jeffrey Hark Disability and Appellate Court Standard of Review The subject of this case is the court’s determination, and the appellate division’s affirmation, of the petitioner’s overall level of disability and the appellate court’s standard of review. Review the entire case here. Appellate Court Deference to Trial Court Ruling The…
Read MoreRizzo vs. Kean University | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION
New Jersey Workers’ Compensation Case: Rizzo vs. Kean University App. Div June 11, 2014. Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark In this case the petitioner alleged that she suffered an exacerbation of her psychiatric condition, of heretofore suppressed PTSD from a sexual assault that took place many years previously when she was…
Read MoreMaddox v. TRAA Corp. | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION
Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark Maddox v. TRAA Corp., App. Div. (per curiam) (7 pp.) In this case the court ordered the employer to pay TDB payments and provide medical treatment for what the court determined after trial was (a) shock exacerbated Maddox’s cervical problem such that surgery was required. The…
Read MoreSOCIAL SERVICES LAW | WORKERS’ COMPENSATION | ATTORNEY FEES
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark 62-2-3970 Patel v. Showboat Casino, App. Div. (per curiam) (6 pp.) Petitioner appeals a perceived inadequate fee award to his counsel on a motion for medical and temporary disability benefits in the Division of Workers’ Compensation. Because the fee awarded was in accord with applicable law…
Read MoreSOCIAL SERVICES LAW | WORKERS’ COMPENSATION
Submitted by Workers’ Compensation Attorney, Jeffrey Hark 62-2-3969 Parascandolo v. Dept. of Labor, et. al. , App. Div. (Espinosa, J.A.D.) (26 pp.) The appellant held two part-time jobs when she was temporarily disabled as a result of an injury at her employment by the Board of Education. She received temporary disability benefits (TDB) through her…
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