Posts Tagged ‘workers compensation lawyer’
Richard Oetting v. Hageman Roofing, et. al. – Personal Injury and Workers Compensation
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 In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from an order granting summary judgment in favor of defendants.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…
Read MoreEven If an Employee Is Volunteering, They Might Be Able to Still Make A Compensable Claim for Workers Compensation
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…
Read MoreHow to get out from under the Workers Compensation Bar from suing your employer…. The intentional Tort exception
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…
Read MoreAppealing your Workers Compensation Decision
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…
Read MoreIntoxication – Not a Bar to Worker’s Compensation Benefits in New Jersey
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…
Read MoreNew Jersey Worker’s Compensation Judge find heart attack related to work and awards partial total disability
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…
Read MoreWhat do I do if I am denied Unemployment Benefits?
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.…
Read MoreWorkers Compensation Judge’s Findings | Permanent Partial Disability Award | Mesgleski vs. Spes Company
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…
Read MoreAppellate Court’s Scope of Review of the Compensation Court’s Decision | Mesgleski vs. Spes Company
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…
Read MoreJudge Reject’s Employer’s Routine Incursions into a Petitioner’s Unrelated Prior Medical History!
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…
Read More