Workers Compensation
To Be Eligible for Workers’ Compensation, An Incident Must Pass a Two-Prong Test for An Injury Sustained During a Recreational or Social Activity
VIRIDIANA REGALADO, Petitioner-Appellant, F&B GARAGE DOOR, Respondent-Respondent Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner worked for F&B Garage Door is a business that sells and installs residential garage doors. On Friday, December 23, 2016, respondent was hosting a holiday party at a local restaurant. Employees were encouraged to bring friends or families and…
Read MoreIn Order for A Claim for Treatment to Be Compensable, It Must Be Medically Necessary and Causally Related to A Work Injury
Soto v. Exclusive Coachworks, Inc. Docket No. A-2331-19 Decided April 12, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether a knee replacement was compensable under workers’ compensation when the petitioner had two prior knee surgeries that were not work related. In Soto,…
Read MoreIn Order for A Claim to Be Compensable, It Must Arise Out of The Scope of Employment
Pilone v. County of Middlesex Docket No. A-1676-19 Decided March 15, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while a prosecutor was traveling a frequently traveled path for work to discuss a case at the donut shop…
Read MoreEven If an Employee Is Volunteering, They Might Be Able to Still Make A Compensable Claim for Workers Compensation
Goulding v. NJ Friendship House Docket No. A-48 Decided February 8, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether an injury occurring during a Family Fun Day in which an employee volunteered to work without pay is compensable for workers compensation purposes. In…
Read MoreHiring Preference Bill Approved by New Jersey Assembly Committee as Part of New Jersey Workers’ Compensation Act
Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. The NJ Assembly Labor Committee recently passed bill A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson. This bill requires an employer with at least 50 employees to provide a hiring preference to an employee who was injured in a work-related injury, has reached maximum medical…
Read MoreADVERSE REACTIONS TO COVID 19 VACCINE MAY BE COMPENSABLE UNDER NEW JERSEY WORKERS’ COMPENSATION LAW
December 28, 2020 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark COVID-19 vaccines are being administered across the nation. Little is known about the full effects of the vaccines, and as time progresses, we will begin to know more about the effectiveness and possible side effects and adverse reactions. A big question for Workers’…
Read MoreNEW JERSEY GOVERNOR MURPHY SIGNS NEW WORKERS COMPENSATION LAW AFFECTING HAND AND FOOT INJURIES
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Signed October 30, 2020 Changes were made this year as to New Jersey’s Workers’ Compensation recovery for hand, foot and fingers injuries. Governor Phil Murphy recently signed legislation amending L 2019, c. 387 to clarify which cases the law would apply to. As far as the…
Read MorePolice and Firemen’s Retirement System (PFRS) Board and Accidental Disability
Slater v. Bd. of Tr., Police & Firemen’s Ret. Sys.: Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner appealed the final agency decision by the Police and Firemen’s Retirement System (PFRS) Board denying her request for accidental disability benefits and instead awarding her ordinary disability benefits. The key issue in dispute is…
Read MoreNotice to Bar – Workers’ Comp. Courts Closed to Public until June 29, 2020 (COVID-19)
All N.J. Workers’ Compensation Courts shall continue to be closed to the public and to non-essential court personnel until Monday, June 29, 2020. Judges of Compensation shall continue to hear as many workers’ compensation matters as possible by telephonic and video conferencing, including emergent and non-emergent matters, such as, trials, pre-trial conferences, motions for medical…
Read MoreNew Jersey Workers’ Comp Courts Set for Limited Reopening April 6th
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. The New Jersey Workers’ Compensation court calendars were suspended March 17, 2020 through April 3, 2020. On Monday, March 30, 2020, the Director of the Division of Workers’ Compensation, Hon. Russell Wojtenko, Jr. advised in a Notice to the Bar that a limited reopening will occur on Monday,…
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