Publications
Payment of medical bills for treatment to body part not part of accepted work injury does not create implied agreement of compensability when evidence establishes that payments were made by mistake but not under a feeling of compulsion.
The applicable law, as set forth in Tenaglia-Evans v. St. Francis Hospital, 913A.2d 570 (Del.
Case Law Alerts, 4th Quarter, October 2014
House Bill 373 enacted to control level of workers’ compensation insurance premiums by making significant changes in medical reimbursements allowable under Healthcare Payment System.
The summary to House Bill 373 gives the following reasons behind its enactment:
Case Law Alerts, 4th Quarter, October 2014
Award of ongoing temporary total disability is affirmed when evidence shows that claimant is limited to light-duty work, which employer cannot accommodate.
The IA Board found that the claimant sustained a work-related low back injury on April 4, 2012, and was entitled to ongoing compensation for total disability as of April 23, 2012.
Case Law Alerts, 4th Quarter, October 2014
Exclusion of petitioner’s medical expert’s testimony as an inadmissible “net opinion” upheld.
The petitioner’s expert in orthopedics testified that he had no specific knowledge of the work that the petitioner performed as a dental hygienist, had not read any literature regarding the work, and had not viewed a surveillance video of th
Case Law Alerts, 4th Quarter, October 2014
Supreme Court of New Jersey holds that cardiovascular death is not compensable.
The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims.
Case Law Alerts, 4th Quarter, October 2014
Interpreting the definition of “employment” under N.J.S.A. 34:15-36 of the Act in the context of off-premises employment.
The petitioner, a school bus aide, filed a claim with the Division of Workers’ Compensation seeking medical and indemnity benefits after she was injured while stepping from the school bus.
Case Law Alerts, 4th Quarter, October 2014
Diagnosis of malingering can be sufficient change in condition as a matter of law to support modification of benefits based on results of labor market survey.
In the decisions dismissing the employer’s termination petitions, the credited medical experts opined that the claimant’s condition was consistent with a post-concussion syndrome–with no signs of malingering–and that the cl
Case Law Alerts, 4th Quarter, October 2014
Can seek benefits after quitting, provided you establish injury occurred in course of employment. Employer not judicially estopped from arguing claimant not an employee at time of injury, even if employment admitted in answer to civil action complaint.
The claimant informed his manager that he was quitting. According to company policy, the manager accompanied the claimant to his company truck to remove his personal belongings.
Case Law Alerts, 4th Quarter, October 2014
Cable technicians can be traveling employees with no fixed place of employment.
The claimant began each workday by reporting to the employer’s facility, where he received his assignments and picked up equipment. He then spent the rest of his workday traveling to various customer locations.
Case Law Alerts, 4th Quarter, October 2014
A claimant who fails to establish a valid common law marriage to decedent is not entitled to widow’s benefits under §307 (3).
The decedent sustained a traumatic brain injury as a result of a drilling rig accident while working for the employer. The employer and the claimant entered into an agreement to pay dependency benefits to the decedent’s two minor children.
Case Law Alerts, 4th Quarter, October 2014