Workers Compensation
Miller v. Shopright: When Injuries Caused at Work are Compensable
Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Injuries caused at work are compensable if such activities must be (1) a regular incident of employment and (2) produce a benefit to the employer beyond improvement in employee health and morale. Miller v. Shopright: Court allowed petitioner to pursue his personal injury action after they…
Read MoreSimilar Injuries May Still Be Distinct for Workers’ Compensation Purposes
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Rajpaul v. McDonald’s Corporation, decided August 28, by the Appellate Division. Petitioner was a maintenance worker for McDonald’s between 1995 and 2005. In 2001, he was diagnosed with bilateral bicipital tendonitis but it was resolved with treatment and he continued to work at McDonald’s. However, in…
Read MoreWhen a Judge Is Too Involved to Judge Properly–Recusals and the Politics of Judge-Attorney Relations
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Dominguez v. Education Management Services, Inc., decided by the Appellate Division on July 10, demonstrates two points–one legal, and one based in common sense: There is a high standard for recusal (replacement) of a judge in a particular case Don’t have bad interactions with judges if…
Read MoreWhat It Takes to Get Workers’ Compensation
Submitted by Workers Compensation Attorney, Jeffrey Hark Diaz-Paredes v. Whole Foods Market (decided January 23, 2015) is an appeal from an administrative decision of Workers’ Compensation. The appellant worked for Whole Foods for eight years in a position that involved bending, lifting, and pushing carts and claims that she suffered orthopedic, neurological, and neuropsychiatric injuries…
Read MoreLouis F. Pandolfo, vs. D&C Chevy/Honda
Submittied by workers compensation attorney, Jeffrey Hark LOUIS F. PANDOLFO, v. D&C CHEVY/HONDA,This case is highlights why you need an attorney to represent you for workers compensation matters and, for that matter, all matters involving the trial and appellate courts. There are significant legal hurdles petitioners and plaintiffs must satisfy in order to successfully present their…
Read MoreWorkers Compensation Case Involving Extensive Home Modification | Loeber v. Fair Lawn Board of Education
Case study of Loeber v. Fair Lawn Board of Education submitted by workers compensation lawyer, Jeffrey Hark The court overturned the Workers Compensation Judge’s Decision regarding the installation of an elevator in the petitioner’s home after suffering an injury which left him paralyzed and unable to traverse steps to the second floor as well as the steps into the…
Read MoreNew Jersey Workers Compensation – Coverage of a Work Related Injury Part II
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, This is an appeal of a workers compensation judge’s decision based on 16 days of trial over many testimony dates. Although the issues in this opinion have been reiterated in numerous prior opinions and in different settings I believe it is…
Read MoreWorkers Compensation | Coverage of a Work Related Injury
Submitted by Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, We discern the following facts and procedural history from the record on appeal. Naulty was hired by Pemberton as a truck driver in September 2004. In addition to driving trucks, Naulty’s duties included leaf and brush collection, tree and road work, guardrail installation…
Read MoreHarold Naulty V. Township of Pemberton Public Works
Submitted by worker’s compensation attorney, Jeffrey Hark NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 HAROLD NAULTY, Petitioner-Respondent, v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, Respondent-Appellant. ___________________________________ September 26, 2014 Argued September 10, 2014 Decided Before Judges Waugh, Maven, and Carroll. On appeal…
Read MoreWorkman’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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