Workman’s Compensation and Estimates of Disability

Submitted by Workman’s Compensation Lawyer, Jeffrey Hark The court in Pitts outlined its decision making process for the estimates of disability based on hearing from two different doctors and their own estimates of disability.  Usually in the Workers Compensation Court setting petitioner’s doctor’s estimates of disability are high while respondent’s doctor’s are extremely low.  As…

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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.…

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Wrongful 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…

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Appellate 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…

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Credible 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…

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Workers 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…

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Rizzo 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…

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Maddox 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…

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SOCIAL 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…

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