Publications
Federal district court has no subject matter jurisdiction over arbitration.
The fact that an arbitration concerns issues of federal law does not, standing alone, confer subject matter jurisdiction on a federal district court to review the arbitration award.
Case Law Alerts, 3rd Quarter, July 2015
Treble damages awarded against financial advisor
This case involved a claim against a financial advisor alleging he lost much of the claimants’ money by investing it in a Polish tobacco company.
Case Law Alerts, 3rd Quarter, July 2015
Denial of claimant’s DCD petition affirmed: substantial evidence supported the finding that claimant did not prove a work-related accident
The Superior Court affirmed the Industrial Accident Board based on its conclusion that there was substantial evidence to support the determination that no workplace accident occurred.
Case Law Alerts, 3rd Quarter, July 2015
Even though injury sustained during course of employment, petition denied because of claimant’s intoxication
The claimant alleged that he sustained a work injury when he fell while working for the employer as a steel worker.
Case Law Alerts, 3rd Quarter, July 2015
Denied: employer’s motion for a continuance based on a lack of “good cause” and because the employer’s lack of preparedness was self-created
The claimant’s petition to determine compensation due was filed on October 15, 2014, and was scheduled for a hearing on March 31, 2015.
Case Law Alerts, 3rd Quarter, July 2015
A PIP carrier may file a claim with the Division of Workers’ Compensation as a means of enforcing its statutory right of reimbursement under N.J.S.A. 39:6A-6
The PIP carrier filed a workers’ compensation claim for reimbursement as subrogor of its insured. This right of reimbursement exists under N.J.S.A.
Case Law Alerts, 3rd Quarter, July 2015
Clarification of the premises rule in the context of injuries occurring during ingress and egress from work
The petitioner parked her car in the parking garage of the office building in which she worked for the respondent, one of five tenants in the multi-story. While in the lobby, she tripped and fell into an elevator, injuring her knee.
Case Law Alerts, 3rd Quarter, July 2015
§319 does not confer right to pursue subrogation directly against third-party tortfeasor when compensated injured employee has taken no action against tortfeasor
The court held that the right of action against a third-party tortfeasor under §319 of the Act remained in the hands of the injured employee and that the employer/insurer’s right of subrogation must be achieved through a single action b
Case Law Alerts, 3rd Quarter, July 2015
Claimant established by clear and convincing evidence her common law marriage at time of decedent’s death: entitled to death benefits under Section 307 of the Act
In its appeal to the Commonwealth Court, the employer argued that the Workers’ Compensation Judge failed to require the claimant to establish a common law marriage by clear and convincing evidence.
Case Law Alerts, 3rd Quarter, July 2015
Vacated: denial of petition for mental injury on basis that armed robbery at gunpoint was not abnormal working condition for general manager of check cashing store
On appeal to the Commonwealth Court, the claimant argued that the Workers’ Compensation Judge should have considered her case under the “physical/mental standard” and not the “mental/mental” standard.
Case Law Alerts, 3rd Quarter, July 2015