Publications
NJ Supreme Court decision in Estate of Kotsovska used to determine limousine driver as an independent contractor.
While transporting a passenger for the respondent (a limo service), the petitioner (a limo driver) was involved in a motor vehicle accident and was injured.
Case Law Alerts, 4th Quarter, October 2015
Superior Court and Division of WC have concurrent jurisdiction to resolve a dispute of a worker’s employment status when plaintiff files a complaint only in the Superior Court.
The decedent was hired to live with the defendant to care for him and was paid in cash. While waiting on a sidewalk while the defendant parked his car, the defendant accidentally struck the decedent, killing her.
Case Law Alerts, 4th Quarter, October 2015
Appellate Division addresses requirements for motions for temporary disability and/or medical benefits filed with Division of Workers’ Compensation.
In 2009 the petitioner sustained a work-related injury and received an award for his injuries. He reopened his claim in 2012, requesting additional medical treatment.
Case Law Alerts, 4th Quarter, October 2015
Supreme Court holds: employer not obligated to issue Notice of Ability to Return to Work before offering alternative employment when injured employee has not yet filed claim petition and not yet proven entitlement to benefits.
A Workers’ Compensation Judge granted the claimant’s claim petition and awarded benefits; but, benefits were limited to a closed period. Te Judge suspended her benefits, finding there was work available she was capable of performing.
Case Law Alerts, 4th Quarter, October 2015
When parties cannot agree on IRE physician: date insurer requests physician be designated to perform IRE is determinative date of whether IRE request is timely under § 306 (a.2)(1).
The Appeal Board found that, in order for an IRE request to be timely under §306 (a.2)(1) of the Act, the insurer must file both the IRE request and the IRE appointment forms within 60 days of the expiration of the claimant’s receipt of
Case Law Alerts, 4th Quarter, October 2015
An employer does not violate the Act by paying the claimant simple interest, instead of compound interest, on a back award of compensation benefits.
The claimant’s work-related injury was acknowledged by the employer via a Notice of Compensation Payable in 1998.
Case Law Alerts, 4th Quarter, October 2015
An employer is not required to first seek an agreement from a claimant on an IRE physician before filing a request with the Bureau to designate an IRE physician.
Ten years after the claimant’s work-related injury, the employer filed a request with the Bureau to designate a physician to perform an IRE under §306 (a.2) of the Act.
Case Law Alerts, 4th Quarter, October 2015
Claim Petition filed against Uninsured Employers Guaranty Fund not barred because claimant files civil action against uninsured employer for protection against running of the statute of limitations in civil case.
The issue considered by the Commonwealth Court was whether a Claim Petition against the Uninsured Employer’s Guaranty Fund was barred by §305 (d) of the Act where, after learning that an employer is uninsured, a claimant preserves a sim
Case Law Alerts, 4th Quarter, October 2015
Special Law Alert - NJ Supreme Court Reaffirms Limitations of "Mode of Operation" Doctrine
In a significant ruling that will impact how premises liability cases are litigated throughout the state, the New Jersey Supreme Court, on September 28, 2015, unanimously reaffirmed the limitatio
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.