Publications
Appellate Division affirmed the workers’ compensation judge’s orders, granting the petitioner’s application for Temporary Total Disability benefits and denying respondent’s Request for Reconsideration.
The petitioner was injured in 2018 and resolved her case for 25% partial-total disability in 2021. In 2018, she had returned to work for Complete Care as a certified nursing assistant and, in 2019, as a home health aide for Interim Agency.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act.
In this case, the claimant, an attorney, sustained a work injury on April 14, 2017, while loading files into a trial bag. Benefits were awarded pursuant to a Claim Petition granted by a workers’ compensation judge.
What’s Hot in Workers’ Comp, Vol. 28, No.
Commonwealth Court holds that a truck driver was not subjected to abnormal working conditions from a minor truck fire that was extinguished in two minutes and without physical injury occurring to anyone.
In his Claim Petition, the claimant alleged he sustained Post Traumatic Stress Disorder (PTSD) in February 2015, when the tractor-trailer he was driving caught fire.
What’s Hot in Workers’ Comp, Vol. 28, No.
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What’s Hot in Workers’ Comp, Vol. 28, No.
An Affidavit of Merit Is Inappropriate if It Fails to Identify Any Individual Person(s) Who Were Negligent.
The trial court dismissed the plaintiff’s complaint with prejudice for failure to provide an appropriate affidavit of merit (AOM) pursuant to N.J.S.A. 2A:53A-26 to -29.
Case Law Alerts, 1st Quarter, January 204 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Court Affirmed Trial Court’s Decision to Grant Summary Judgment to Defendants as to Plaintiff’s Theories of Liability Under New Jersey’s Title 59 and Private Negligence.
The plaintiff was “going for a double” in a men’s softball game when he fractured his ankle as he attempted to slide to second base and his cleated foot caught in a six-foot ripped seam and divot in the artificial turf.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Policyholders May Recoup Attorney’s Fees if Their Insurer Fails in Contesting Duty to Indemnify.
The trial court issued a first-of-its-kind ruling, holding that an insurer defending a policyholder in litigation must also reimburse the insured party’s coverage action costs if the insurer loses a legal challenge to its indemnity obligation.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Denial of Summary Judgment Affirmed as the Emergency Doctrine Did Not Bar Plaintiff’s Recovery and the Severity of Plaintiff’s Injury Was an Issue of Fact.
The plaintiff sought damages for injuries sustained in a motor vehicle accident allegedly caused by the defendant.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary Judgment for Defendants Reversed on the Basis that Defendants Failed to Make a Prima Facie Showing that They Did Not Breach a Duty Owed to Plaintiff.
The plaintiff alleged she sustained injuries while attempting to board a vehicle. She claimed that, as she stepped off the curb into the street, she tripped on a bulge in the street between the curb and the vehicle.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Reversed Summary Judgment on Defendant’s Liability, Finding the Passenger of a Leading Vehicle Failed to Establish Entitlement to Judgment as a Matter of Law on the Trailing Driver’s Negligence.
The plaintiff was a passenger in a vehicle which collided with a vehicle operated by the defendant, who had accelerated at a high speed and crossed the double yellow line to pass the leading vehicle on the left while it was turning left.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.