Workers Compensation
New Jersey Suspension of Workers’ Compensation Court due to COVID19
Read the full memo here.
Read MoreWhat is “Negligence” for the purpose of a car crash”
JEAN-PIERRE THERRIEN v. LYNDA BLOW, Decided March 4, 2020 (Not Approved for Publication and Shall Not Be binding on any trial court) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Facts: Plaintiff, Jean-Pierre Therrien, an on duty Metuchen police officer observed a disabled motor vehicle with its hazard lights activated blocking the intersection of Grove Avenue…
Read MoreLiranzo v. Morales Auto Repair
Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This case, Liranzo v. Morales Auto Repair, was brought to the Superior Court of N.J. from the N.J. Department of Labor & Workforce Development, Division of Workers’ Compensation. The appeal challenges a judge’s compensation’s award to an employee of Morales Auto Repair (“MAR’S”). The previous judge’s…
Read MoreNewly Signed Hand and Foot Bill Increases Amount of Workers’ Compensation Benefits
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. New Jersey Governor Phil Murphy this week signed into law the long-considered hand and foot Bill, increasing the amount of workers’ compensation benefits paid for injuries producing loss of function for such injuries. The Bill accomplishes the legislature’s goal of providing greater compensation for hand and…
Read MoreCurative or Palliative” Care — The Statute require the court compel on treatment that will ‘probably relieve petitioner’s symptoms and improve ability to function.
Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Procedural History: Petitioner Samuel Martin, III appeals from an August 13, 2018 order of the Workers’ Compensation Court denying his application for medical and temporary disability benefits (Also know as Motions…
Read MoreWho to believe? The treating doctor or a doctor who performs a 1 time examination?
Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument by the petitioner’s attorney. Here, the petitioner filed a motion in workers compensation court to have the court order the employer’s physician…
Read MoreHow a workers compensation judge exercises his discretion and rules in favor of one party over another?
Martin v. Newark Pub. Sch., N.J. Super. App. Div. Decided December 12, 2019 (Approved for Publication) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. This is an interesting case and an interesting argument presented by the petitioner’s attorney. There are several different legal issues at play here which I will address in several different blogs.…
Read MoreHow to get out from under the Workers Compensation Bar from suing your employer…. The intentional Tort exception
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Issue: The “intentional wrong” exception to the Act’s exclusivity bar of civil claims is a purposefully narrow exception that imposes a heavy burden of proof. Millison, 101 N.J. at 177. Nothing in the record suggests the motion court erred in finding plaintiffs failed to sustain that…
Read MoreIncrease in defendant’s benefits in NJ workers comp cases for public employees
New Supplemental Benefits Law For Dependents of Public Safety Workers killed in the lie of their public employment effective January 1, 2020. Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. The purpose of this law is to increase dependency benefits for those who received awards after December 31, 1979. The statute calls these benefits…
Read MoreWorkers Compensation Motion for Medical and Temporary Disability Benefits
Capel v. Township of Randolph Decided October 10, 2019 New Jersey Appellate Division (Not Approved for Publication) October 10, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation. Because injured workers are not receiving benefits,…
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