Publications
The Superior Court affirms a decision of the Industrial Accident Board that concluded Superior Court Civil Rule 41(a)(1)’s ‘Two Dismissal’ rule did not apply to an IAB proceeding.
The claimant was injured in a work accident on October 28, 2018.
What’s Hot in Workers’ Comp, Vol. 27, No.
Regardless of whether a second opinion is reasonable or medically necessary, if a referral is made, it must be acknowledged within the applicable three or ten-day period or the defense of medical necessity is waived.
The claimant sought authorization of a second opinion, as recommended by the treating physician. The claimant conceded that the doctor ultimately testified that the second opinion was not medically necessary.
What’s Hot in Workers’ Comp, Vol. 27, No.
The New Jersey Supreme Court affirms the Appellate Division’s decision to reverse the trial court and reinstate the jury verdict in the plaintiff’s favor.
In this case, the New Jersey Supreme Court affirmed the Appellate Division’s decision to reverse the trial judge’s decision to vacate the jury verdict and award judgment to Marine Transport, Inc.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Legislative Update
On June 1, 2023, S3905 was introduced in the New Jersey State Senate which, if passed, would establish a two-year statute of limitations for medical provider applications.
What’s Hot in Workers’ Comp, Vol. 27, No.
Commonwealth Court holds that an award of specific loss benefits to a claimant who deceases prior to payment is not payable to the estate where the cause of death is from the work injury.
In this case, the claimant sustained work injuries as the result of an explosion that occurred after a fuse was inserted into a fireworks display. The employer accepted liability for the injuries.
What’s Hot in Workers’ Comp, Vol. 27, No.
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What’s Hot in Workers’ Comp, Vol. 27, No.
The Delaware Superior Court affirms Industrial Accident Board’s decision setting aside a workers’ compensation agreement pursuant to Superior Court Civil Rule 60(b) due to fraud on the part of the claimant.
Mr. Mendoza, a non-English speaker, fell at work while cleaning and buffing floors on July 16, 2018. The event was witnessed by a supervisor.
What’s Hot in Workers’ Comp, Vol. 27, No.
The Judge of Compensation Claims found that the offer of travel reimbursement does not satisfy the employer/carrier’s obligation to provide medical transportation.
The claimant filed a petition for benefits seeking authorization for transportation to all medical appointments. The employer/carrier authorized Monti Transportation for same.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
Below are some of the more notable pending New Jersey workers’ compensation legislation:
What’s Hot in Workers’ Comp, Vol. 27, No.
Exclusivity provision of the Workers’ Compensation Act precludes employee bitten by a dog at work from filing suit against the employer for negligent acts and omissions that denied employee an opportunity to file a third-party suit against the dog owner.
The plaintiff, an employee of a Home Depot store, was bitten by a customer’s dog. The plaintiff reported the bite to her supervisors.
What’s Hot in Workers’ Comp, Vol. 27, No.