Richard Oetting v. Hageman Roofing, et. al. Docket No. A-0505-21 Decided December 1, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from an order granting summary judgment in favor of defendants. One of the defendants, Riverview Realty owns a building…
Goulding v. NJ Friendship House Docket No. A-48 Decided February 8, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether an injury occurring during a Family Fun Day in which an employee volunteered to work without pay is compensable for workers compensation purposes. In…
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…
Did you lose your comp case? Are you worried about your workers compensation hearing coming up? Do you have to testify in your own workers compensation case? What do you need to communicate to the judge? How to successfully testify in your workers compensation case? What is the judge looking for in my workers compensation…
Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This morning New Jersey’s Appellate Division handed down a decision in Antonio Diaz v. National Retail Transportation, Inc., stating an employee can be entitled to Worker’s Compensation benefits even if the employee is intoxicated at the time of injury. In Diaz, a mechanic was injured on…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case petitioner is seeking partial total disability arising out of a heart attack which took place during the course of business hours. A heart attack case is a very interesting work related injury which requires the petitioner to bring a much greater level of…
Appealing an Administrative Decision Standard of Review Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. We generally review a tribunal’s evidentiary determinations for abuse of discretion, and here we conclude that the appeals examiner mistakenly exercised her discretion. See Verdicchio v. Ricca, 179 N.J. 1, 34 (2004); N.J. Div. of Youth & Family Servs.…
Mesgleski vs. Spes Company February 20, 2016 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Deference to the Workers Compensation Judge’s Decision making process was also outlined in this case. The court reiterated, as I have in many other cases the Appellate Court’s “reviewability” of the that trial court’s judge’s a) examination of…
Mesgleski vs. Spes Company February 20, 2016 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case the Comp judge made finds of fact and determinations of credibility of the doctors who testified as well as the petitioner. This petitioner filed an initial claim in 1992 and then filed a series of…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Todaro v. Gloucester County Department of Corrections Decided February 6, 2016 Appellate Division affirmation of Decision of the Workers Compensation Court decision. This is a very important case issued by the Supervisory Judge of the Camden Vicinage of New Jersey’s Workers Compensation Court. The issue addresses an employer’s entitlement…
Legal Developments
That Affect You
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…