Publications
New Jersey Transit is not a “person” that can be held liable under New Jersey Civil Rights Act.
The plaintiff filed a lawsuit in state court against New Jersey Transit, asserting various causes of action, including a claim based on the New Jersey Civil Rights Act.
Case Law Alerts, 3rd Quarter, July 2016
Arbitration panel cites financial elder abuse for punitive damages.
An arbitration panel ordered Morgan Stanley to pay more than $8.6 million to a retiree for losses tied to alleged unauthorized trading and unsuitable investments, including an allegedly risky Chinese internet company.
Case Law Alerts, 3rd Quarter, July 2016
Medical testimony proves that, but for claimant’s intoxication, work injury would not have occurred.
The issue as framed by the Delaware Superior Court was whether there was substantial evidence to support the Board’s finding that the employer had met its burden of proving that the claimant was intoxicated, thus causing the work injury.
Case Law Alerts, 3rd Quarter, July 2016
No UIM benefits from self-insured employer for injuries covered under workers’ compensation benefits.
The issue as framed by the court was whether the claimant could pursue the UIM claim against her self-insured employer for essentially the same injuries for which she had already received workers’ compensation benefits.
Case Law Alerts, 3rd Quarter, July 2016
Delaware Superior Court will overturn the Board’s award of attorney’s fees only for an abuse of discretion.
After a serious work injury, the claimant received compensation benefits that included several permanencies.
Case Law Alerts, 3rd Quarter, July 2016
Section 40 lien attaches to third-party recovery even though net proceeds don’t exceed costs of litigation.
The petitioner sustained an injury to his right hand at work while operating a meat perforating machine. He filed a claim with the Division of Workers’ Compensation for which he received both medical and indemnity benefits.
Case Law Alerts, 3rd Quarter, July 2016
Petitioner ordered to be weaned off of psychotherapy treatment.
As a result of work-related injuries and surgery to her knee, the petitioner suffered chronic left knee pain, anxiety and depression. The Judge of Compensation order that Dr. S be authorized as the petitioner’s treating psychiatrist.
Case Law Alerts, 3rd Quarter, July 2016
Compensable standard for heart attacks at work reaffirmed.
After suffering a heart attack at work, the petitioner filed a claim seeking permanent disability benefits. In finding that the petitioner had met his burden of proof as to compensability, the Judge of Compensation relied on N.J.S.A.
Case Law Alerts, 3rd Quarter, July 2016
Claimant was ineligible for benefits on the basis that, by law, she was an independent contractor and not an employee at the time of her injury.
The claimant worked as a personal caretaker for the company and filed a claim petition against it. The Workers’ Compensation Judge first decided if the claimant was an independent contractor.
Case Law Alerts, 3rd Quarter, July 2016
An employer is not required to file a Notice Stopping Temporary Compensation and Denial when it seeks to revise a notice of temporary compensation payable by filing an amended TNCP.
On appeal to the Commonwealth Court, the claimant argued that the First Notice of Temporary Compensation Payable (NTCP) was in effect a separate NTCP that should have been deemed to be converted to a Notice of Compensation Payable (NCP) because th
Case Law Alerts, 3rd Quarter, July 2016