Posts Tagged ‘workers compensation’
Katzenstein vs. Dollar General: Standard of Review in Appealing Workers Comp Claims
Submitted by New Jersey Workers Compensation Attorney, Jeffrey Hark. Katzenstein vs. Dollar General What is the standard of review by the Appellate Division of a Workers Compensation Court Judge’s decision? I have written about this standard of review several times, however, reading this case once again anyone can clearly see the effect the trial judge has when s/he makes determinations of veracity, credibility, and a…
Read MoreAward of Temporary Disability Benefits is a Final Judgment and May Be Appealed
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Katzenstein vd. Dollar General: This case address several issues which come up again and again in my office in Workers Compensation cases. First Issue: Once there is a Motion for Medical and Temporary disability actually heard by the court, and the court rules against the petitioner for…
Read MoreWorkers Compensation and Sexual Harassment
TORTS | WORKERS’ COMPENSATION 36-2-8576 Louis v. Burger King Corp ., Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Plaintiffs alleged she was sexually assaulted and harassed at her employer’s work place. As a result, she filed a law suit in the Superior Court based on common-law claims based on theories of negligence and vicarious liability for injuries…
Read MoreSamuel Roman vs. Treeminator Tree Service
Issue: Fraudulently misrepresenting your business on a workers comp policy will risk voiding any and all coverage! Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case, in 2007, petitioner Roman started a business, Treeminator Tree Service, Inc. He and his girlfriend, Sandra Flores, were both employees of the business and by 2012…
Read MoreCan you file a Workers Compensation case for suffering an injury from walking down the hallway?
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Fitzgerald v. Walmart Can you file a Workers Compensation case for suffering an injury of you are merely ‘walking down the hall way or aisle and you become injured. In other words, with no actual ‘acute trauma’, such as slipping on water, falling down a step, picking up a heavy…
Read MoreWhat is the Standard of Review for a Appellate Court of a Workers Compensation Judge’s Decision
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Fitzgerald v. Walmart What is the Standard of Review for a Appellate Court of a Workers Compensation Judge’s Decision. In this case the Appellate Division affirmed the dismissal of a Workers Compensation petitioner after a hearing took place in the Workers Compensation court. The facts are…
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…
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