Publications
Court Dismisses Inmate’s § 1983 Civil Rights Complaint as Time-Barred and Legally Deficient
    
      
              The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under 42 U.S.C. § 1983. Gomez alleged that on July 14, 2022, a fellow inmate, Higgin, assaulted him.
          
  
    
  
Ordinance Enacted to Prohibit Cannabis Business in Asbury Park Does Not Rise to the Level of ‘Shock the Conscience’
    
      
              In Breakwater Treatment and Wellness Corp. v. The City of Asbury Park, Civil Action No. 23-3661 (D.N.J.
              Legal Updates for New Jersey Public Entity & Civil Rights
          
  
    
  
More Insight from the Industrial Accident Board to Assist in Correctly Calculating the Average Weekly Wage
    
      
              It is important to correctly calculate the average weekly wage (AWW) from the beginning of the claim. The AWW is the starting point for calculating the rate that is used to pay all non-medical benefits. The pertinent statute is 19 Del.
              What’s Hot in Workers’ Comp, Vol. 29, No.
          
  
    
  
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.