Publications
The Delaware Superior Court affirms Industrial Accident Board’s decision setting aside a workers’ compensation agreement pursuant to Superior Court Civil Rule 60(b) due to fraud on the part of the claimant.
Mr. Mendoza, a non-English speaker, fell at work while cleaning and buffing floors on July 16, 2018. The event was witnessed by a supervisor.
What’s Hot in Workers’ Comp, Vol. 27, No.
The Judge of Compensation Claims found that the offer of travel reimbursement does not satisfy the employer/carrier’s obligation to provide medical transportation.
The claimant filed a petition for benefits seeking authorization for transportation to all medical appointments. The employer/carrier authorized Monti Transportation for same.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
Below are some of the more notable pending New Jersey workers’ compensation legislation:
What’s Hot in Workers’ Comp, Vol. 27, No.
Exclusivity provision of the Workers’ Compensation Act precludes employee bitten by a dog at work from filing suit against the employer for negligent acts and omissions that denied employee an opportunity to file a third-party suit against the dog owner.
The plaintiff, an employee of a Home Depot store, was bitten by a customer’s dog. The plaintiff reported the bite to her supervisors.
What’s Hot in Workers’ Comp, Vol. 27, No.
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What’s Hot in Workers’ Comp, Vol. 27, No.
The IAB concludes that regenerative medicine procedures, including orthobiologic injections, do not constitute “reasonable” or “necessary” treatment for a compensable lumbar spine condition.
The claimant injured her lumbar spine in a compensable work accident on January 7, 2019, while working as a bus driver for the State of Delaware. She came under the care of Dr. B.
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Per the First District Court of Appeal’s per curiam opinion, there was competent, substantial evidence to support the judge’s finding that the claimant did not give timely notice of her injury, and the judge’s order was affirmed.
This case involves two dates of accident that have been consolidated into a single matter. At the time of her accident, the claimant was employed as a clinical coordinator.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Appellate Court affirms denial of motion for medical and/or temporary disability benefits based upon petitioner’s credibility issues and failure to establish objective evidence.
The petitioner sustained a slip and fall while working for the respondent in December 2017. The petitioner reported the incident but failed to identify any injuries.
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Court holds that while Section 2102 of the Medical Marijuana Act may preclude direct coverage for an injured worker’s medical cannabis by an insurance carrier, it does not preclude reimbursement of medical marijuana used for treatment of a work injury.
In this case, the claimant struggled with chronic pain for a work-related low back injury she sustained in 1997 that resulted in two surgeries.
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Although §2102 of the Medical Marijuana Act did not require direct coverage for an injured worker’s medical marijuana, it was not prohibited; therefore, the carrier was required to reimburse the out-of-pocket costs of an injured worker’s medical cannabis.
In this case, the claimant underwent two low back surgeries following a 2006 work injury. He gradually weaned himself off of all opioid medications, but not without consequences, in the form of significant withdrawal symptoms.
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