Publications
When asserting "casual employment" defense to workers' compensation claim filed under NJ homeowner's policy, respondent bears burden of proof. If successful in asserting "casual employment" defense, Judge must dismiss claim for lack of jurisdiction.
The petitioner was injured while remodeling the respondent's residential basement. The petitioner was introduced to the respondent through her uncle and, beginning in 2009, did occasional minor work around the respondent's home.
Case Law Alert - 3rd Qtr 2012
The "exclusive remedy" provision of the Workers’ Compensation Act withstands an "intentional wrong" challenge.
The plaintiff was employed by the defendant as a roving engineer. On November 8, 2007, the plaintiff was assigned to assist an outside contractor in the installation of HVAC equipment on the defendant's premises.
Case Law Alert - 3rd Qtr 2012
Payment for petitioner’s unauthorized psychiatric care does not constitute the “last payment of compensation” for purposes of satisfying the two-year statue of limitations under N.J.S.A. 34:15-51.
The petitioner was a social worker employed by the respondent. On July 23, 2004, she suffered a serious head injury as a result of hitting her head on her car door while bending down to retrieve her security badge.
Case Law Alert - 3rd Qtr 2012
Internet-based investigation yields evidence of fraud, resulting in a dismissal with prejudice of the petitioner's claim and forfeiture of his rights to compensation.
The petitioner was employed as a mechanic by the respondent when, in February of 2004, he sustained a slip and fall on a concrete floor at the respondent's premises, resulting in injury to his neck and back.
Case Law Alert - 3rd Qtr 2012
Petition to reinstate total temporary disability benefits must be filed within 500 weeks of suspension.
The claimant's total disability benefits from a 1992 work-related neck injury were suspended on February 5, 1996, following his return to work in a full-time position which paid wages equal to or greater than his pre-injury wages.
Case Law Alert - 3rd Qtr 2012
Suspension of benefits based upon claimant's withdrawal from workforce requires proof of intent to not return to work. Application for disability pension and failure to look for work is insufficient to proof of intent.
The claimant, a firefighter who sustained a work-related torn rotator cuff, an aggravation of lumbar disc disease and a psychological adjustment disorder, was fired from his job when he failed to disclose that he was earning wages in construction
Case Law Alert - 3rd Qtr 2012
3-year limit to correct NCP bars adding PTSD as original work injury. Equitable estoppel doesn't toll statute of limitations w/o proof of fraud/misrepresentation. May assert aggravation of pre-existing PTSD w/proof abnormal working condition caused injury
The claimant sustained a left shoulder strain when assaulted by a passenger on a port authority bus she drove for the employer.
Case Law Alert - 3rd Qtr 2012
URO rejection upheld: further chiropractic treatment was not reasonable/necessary: claimant had 450 sessions over 3 years with no improvement and worsening of pain. Medical doctor competent to judge chiropractic treatment.
The claimant, a school police officer, injured his low back while trying to break up a fight. The employer accepted liability for the injury.
Case Law Alert - 3rd Qtr 2012
Pennsylvania Supreme Court concludes that the word "compensation," as used in Section 314 (a), does not per se include payment of medical benefits.
The claimant sustained a work injury and began receiving wage loss benefits. Later, the employer filed a suspension petition, alleging the claimant failed to attend the physical examination it scheduled.
Case Law Alert - 3rd Qtr 2012
Claimant not entitled to automatic resumption of temporary total disability benefits due to end of light-duty funded employment job if maximum 500 weeks of partial disability benefits already received for work injury.
The claimant sought a reinstatement of temporary total disability benefits because the light-duty job he was working ended. This job had been funded by the employer.
Case Law Alert - 3rd Qtr 2012