Dismissals on the Rise! Our New Jersey Workers’ Compensation attorneys are successful in precluding litigation

Lela Eke received a Dismiss Without Prejudice for Lack of Prosecution, after filing a Motion to Dismiss in response to numerous discovery requests that remained unanswered. At the hearing, Petitioner’s counsel was unable to provide an explanation for the delay. We argued that keeping the case open to give them more time to respond to our discovery and Motion would be prejudicial against us, and the Court granted our Motion.

Jessica Gordon received a dismissal for lack of prosecution in a case where the claim was denied with ongoing request for medical treatment, but there had been no report from the Petitioner to support the request and no demand was made in lieu of litigation.

William Murphy successfully obtained an order for dismissal for a claim involving a workplace assault. In the case, the Petitioner alleged injuries to their neck, back, chest, and right hand following an assault at work. After the Petitioner missed multiple independent medical exams scheduled by the employer, we filed a motion to dismiss this claim for lack of prosecution. The judge of compensation granted the motion.

Rachel Ramsay-Lowe was successful in defending a case where the Petitioner was not complying with discovery requests and did not appear for Respondent’s permanency evaluation. We filed a Motion to Dismiss for Lack of Prosecution and the Court entered the dismissal Order.

Kristy Salvitti was successful in obtaining an Order for Dismissal where the  Petitioner had filed a Reopener of a Clam Petition relative to a prior permanency award arguing that disability to his right shoulder, thoracic and lumbar spine had increased to permanent and total disability. If successful, Petitioner would receive lifetime related medical treatment and 450 weeks to life of his temporary total disability rate.  However, following oral argument that Petitioner failed to timely prosecute the claim, the Reopener Petitioner was dismissed.