Posts Tagged ‘workers compensation’
New 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 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…
Read MoreReview of Workers Compensation Statute and Proof of Permanency
Submitted by New Jersey Workman’s Compensation Lawyer, Jeffrey Hark This case represents a recent review of New Jersey’s Workers Compensation Statute and petitioner’s evidentiary burden regarding proof of ‘permanent’ injury. The following is the court’s discussion of NJSA 34:15-36. The statute that defines the elements of proof necessary to sustain a compensable injury is N.J.S.A.…
Read MoreWrongful Death and the Workers Compensation Act
Submitted by New Jersey Civil Lawyer, Jeffrey Hark This blog concerns Blackshear v. Syngenta Crop Protection, Inc. which was decided by the Appellate Division on October 6, 2014. The plaintiff, wife of Mr. Blackshear brought a wrongful death claim against his former employer and several pesticide manufacturers when he died of brain cancer. The trial…
Read MoreCompensable Occupational Diseases: What Counts And What Doesn’t In Workers’ Compensation
This case Russo v. Schaffer, DMD, decided August 8, 2014involves a dental hygienist who worked for different dentists between 1991 and 2007 and made six separate claims for workers’ compensation benefits for multiple health problems including right carpal tunnel syndrome and depression. The claims were consolidated into one case. In a workers’ compensation case, the…
Read MoreAppellate Review in Workers’ Comp – United Airlines
Submitted by Workers Compensation attorney, Jeffrey Hark This blog discusses an appeal by United Airlines of a final judgment of the Division of Workers’ compensation, Huesser v. United Airlines, decided July 14, 2014. The petitioner-respondent was an employee who after seven years as a flight attendant, injured her left shoulder and lower back when her…
Read MoreCredible Misstatements v. Lies in Workers’ Compensation Cases
In the recent case of Neglia v. Craft Carpentry and Drywall the Appellate Division court was asked to reconsider a case in two situations (a) was the trial court’s decision based on an incorrect or irrational basis, and (b) the court failed to consider some very relevant or probative evidence. The case involves a petitioner…
Read MoreWorkers Compensation Review: Dennis Blake vs. Asbury City & Second Injury Fund
Submitted by Workers Compensation Attorney, Jeffrey Hark Disability and Appellate Court Standard of Review The subject of this case is the court’s determination, and the appellate division’s affirmation, of the petitioner’s overall level of disability and the appellate court’s standard of review. Review the entire case here. Appellate Court Deference to Trial Court Ruling The…
Read MoreRizzo vs. Kean University | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION
New Jersey Workers’ Compensation Case: Rizzo vs. Kean University App. Div June 11, 2014. Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark In this case the petitioner alleged that she suffered an exacerbation of her psychiatric condition, of heretofore suppressed PTSD from a sexual assault that took place many years previously when she was…
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