Publications
District Court Holds that Average Weekly Wage Should Be Calculated at Time of Last Injurious Exposure in Occupational Injury Cases
The First District Court of Appeal reversed a compensation judge’s denial of indemnity benefits to a former employee who developed atrial fibrillation months after resigning from his job.
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Upholds Dismissal of Construction Accident Claims Against Employer and Municipality
The New Jersey Appellate Division affirmed three trial court orders dismissing claims brought by James Weiss, a retired firefighter and employee of Altona Blower & Sheet Metal Works, who was seriously injured while installing a firefighter tra
What’s Hot in Workers’ Comp, Vol. 29, No.
Appellate Division Affirms 74% Disability Award in Custodian’s Workers’ Compensation Case
In Brooks v. Rutgers, the State University of New Jersey, the Appellate Division upheld a workers’ compensation judge’s decision finding the petitioner 74% permanently disabled as a result of his custodial work for Rutgers.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Allows Second Review Petition, Rejects Res Judicata Defense on Psychological Injury Claim
The Commonwealth Court has found that serial Petitions to Review may be permitted to add injuries, if they are of a different nature and even if the symptoms existed at the time a prior Petition to Review was litigated.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Affirms Notice Was Timely in Electrocution and Tremor Injury Claim
The Commonwealth Court has affirmed that a claimant who notifies their employer of a work injury in plain language and in a timely manner satisfies the notice requirements of Sections 311 and 312 of the Act even if a diagnosis is not immediately r
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Upholds Penalties Against Employer for Failure to Pay Fee Review Determinations
The Commonwealth Court affirmed a workers’ compensation judge’s award of penalties and counsel fees against an employer that failed to comply with multiple Fee Review Determinations.
What’s Hot in Workers’ Comp, Vol. 29, No.
Commonwealth Court Reverses Dismissals, Holds Claim Petition Preserved Claims and Orders Remand
The Commonwealth Court reversed a decision that had dismissed multiple parties from a workers’ compensation case.
What’s Hot in Workers’ Comp, Vol. 29, No.
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What’s Hot in Workers’ Comp, Vol. 29, No.
Delaware Superior Court Affirms Board’s Interpretation of Total Disability Duration Under Gilliard-Belfast, Setting Stage for Supreme Court Clarification
The claimant was injured at work on February 3, 2022, and began receiving total disability benefits.
What’s Hot in Workers’ Comp, Vol. 29, No.
Court of Appeal Holds that Judges of Compensation Claims Lack Jurisdiction Over Employer/Carrier Paid Costs and Have Limited Role in Reviewing employer/Carrier Paid Fees
The First District Court of Appeal issued an opinion that clarifies the extent of a Judge of Compensation Claim’s (JCC’s) discretion, and even jurisdiction, to review attorney fees and costs paid by employers/carriers. In Fox v.
What’s Hot in Workers’ Comp, Vol. 29, No.