Medicaid and its Effect on your Workers Compensation Settlement

May 3, 2019 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. For many New Jersey residents Medicaid and its brother Medicare is a last resort for health insurance which has drastic effects on how workers compensation and third party cases must be resolved in the current climate of settlements. Medicaid was established by federal law, 42 U.S.C…

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I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people?

April 6, 2019 |

LIBERTY MUTUAL INSURANCE o/b/o SABERT CORPORATION,  v. JOSE R. RODRIGUEZ, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  Approved for Publication — Decided April 2, 2019 I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people? Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. In this case the…

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Is it a Workers Compensation Claim or is it an Accidental Disability Benefits Claim entitling a petitioner to State Disability?

April 3, 2019 |

Conti v. NJ Board of Public Employees Retirement Pensions Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION UNPUBLISHED {1″No unpublished opinion shall constitute precedent or be binding upon any court.” R. 1:36-3. Indeed, unreported decisions “serve no precedential value, and cannot reliably be considered part of our…

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Why can’t I sue my employer if I am injured at work by a co-employee?

April 2, 2019 |

Johns v. Wengerter. New Jersey Appellate Division decided April 1, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In this unreported decision as a volunteer fireman was injured during a prank on duty when I co-employee placed a small firecracker in the firehouse toilet. He thereafter sued his employer  in Superior Court and…

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The interplay between NJ Workers Compensation Statute and NJ Law Against Discrimination: If a plaintiff who pursues a workers’ compensation claim under the Act but fails to utilize its enforcement mechanisms can s/he make a claim for failure to accommodate

March 26, 2019 |

Frank Caraballo, Plaintiff-Respondent, v. City of Jersey City Police ——— SUPREME COURT OF NEW JERSEY  Decided March 25, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark This case represents an excellent example of the unintended consequences at the intersections of two of New Jersey’s most important employee rights laws.  Initially you have the workers compensation statute,…

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Permanency… What is it in the context of a New Jersey Workers Compensation Case?

March 18, 2019 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Today I’m going to discuss one of the three statutory entitlements provided employees in New Jersey’s Worker’s Compensation statute.  When people ask me what is the benefit of filing a Worker’s Compensation claim I explain to them in a very simple way. New Jersey’s Worker’s Compensation…

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If I have a workers compensation case in New Jersey can I also sue in Superior Court?

March 3, 2019 |

What is a Section 20 Settlement and why is my attorney proposing it to me? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MARGARITA SORIANO, Individually and as Administratrix Ad Prosequendum of the ESTATE OF GUMERCINDO SORIANO,  Plaintiff-Appellant, v. 70 HUDSON STREET REALTY, LLC, DF 70 REALTY, LLC, MF 70 REALTY, LLC, LJC 70 REALTY, LLC,…

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How to handle a Workers Compensation trial in New Jersey

February 27, 2019 |

Submitted by Workers Compensation Lawyer, Jeffrey Hark, Cherry Hill, NJ James Quilles v. Warren County Unreported/non-precedential New Jersey Appellate Division February 13, 2019 Today I am writing a blog about this case is about how to properly prepare a witness and adequately present evidence at the time of the trial which the Worker’s Compensation Judge…

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