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The Board holds that employer, not the Fund, must pay the claimant compensation for temporary total disability for a gap period that resulted from employer’s clerical error in filing the termination petition.
This case is interesting given the recent development where the Fund has become very aggressive in seeking reimbursement for compensation that it has paid during the pendency of a termination petition.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere
Personal representative’s status will revert back to petition for benefits’ filing date, even though claimant’s counsel filed this petition and attached an older fraud acknowledgement signed by the decedent prior to his death.
Before the injured worker died, petitions for benefits had been filed identifying a January 26, 2018, date of accident. Those petitions were dismissed shortly after the injured employee’s death.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
The Appellate Court affirms dismissal of claim for plaintiff’s failure to demonstrate his injury was in the course and scope of his employment.
The Appellate Division affirmed a workers’ compensation decision to dismiss a claim petition with prejudice and deny the petitioner’s motion for benefits.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
An attempt to reopen a claim under Protz II is time barred under § 413(a) of the Act as the attempt was made more than three years from the last date benefit payments were received.
The claimant underwent an Impairment Rating Evaluation (IRE) on April 28, 2003.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Reinstatement of benefits was retroactive to the date of a post-Protz II reinstatement petition filed in 2019 and not retroactive to the date of the 2009 IRE.
The claimant sustained a work injury in June of 2006. In June of 2009, he was seen for an Impairment Rating Evaluation (IRE) and given an impairment rating of less than 50%.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Filing notice of temporary compensation payable paying indemnity benefits and then medical-only notice of compensation payable to stop payment does not obligate employer to also file notice stopping temporary compensation payable & notice of compensation.
Following the claimant’s September 14, 2018, work injury, the employer issued a notice of temporary compensation payable (NTCP). Thereafter, a medical-only notice of compensation payable was issued.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
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What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi
Superior Court affirms Board’s denial of permanency petition where the Board finds the claimant credible as having some level of permanency, but not the amount alleged in the petition.
The claimant was employed as a constable, and his job duties included serving as a liaison for staff and students to ensure safety.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere
Because claimant’s mental injury manifested itself within six months of reaching physical MMI and claimant was not receiving impairment benefits for the physical injury after reaching that point, the statutory cap in section 440.093(3) does not apply.
The claimant was injured on January 7, 2019, while working in a correctional facility after an inmate attacked her, causing neck and throat injuries.
What’s Hot in Workers’ Comp
The Appellate Court affirms grant of summary judgment for plaintiffs’ failure to establish intentional wrong.
In these consolidated wrongful death actions, the Appellate Division affirmed the Law Division’s grant of summary judgment to the defendants.
What’s Hot in Workers’ Comp