Publications
Once the carrier authorizes medical treatment, they are not obligated to accept claimant’s self-help physicians.
This case involved a work accident that was not initially reported to the carrier by the employer.
Case Law Alerts, 1st Quarter, January 2020 is prepar
There is no entitlement to allow claimant’s attorney and a court reporter or videographer to attend examination with an authorized treating provider.
This case involves a compensable low back injury. The claimant requested a one-time change of physician, which the carrier authorized.
Case Law Alerts, 1st Quarter, January 2020 is prepar
The nurse case manager did not meet the definition of a qualified rehabilitation provider; therefore, the motion for protective order was granted.
The claimant filed a motion for protective order, seeking to preclude the nurse case ma
Case Law Alerts, 1st Quarter, January 2020 is prepar
The sound speaks for itself: summary judgment upheld for failure to have expert opinion on paintball gun.
The plaintiffs appealed dismissal of their claim for hearing loss after operating a paint ball gun at an amusement stand shooting gallery.
Case Law Alerts, 4th Quarter, October 2019
“I’m with the band” claim fails: members of music band not vicariously liable for alleged assault by guitar player.
The guitarist pled guilty to lewdness observed by a child.
Case Law Alerts, 4th Quarter, October 2019
Proof of performance required: mode of operation applied to restrooms near pools.
Summary judgment was denied without prejudice for a claim of slip and fall in a men’s room located outside a pool.
Case Law Alerts, 4th Quarter, October 2019
A cross-claim for indemnity by a defendant under an Insurance Fraud Prevention Act claim can be dismissed prior to trial under New Jersey law.
Allstate Insurance Company filed a claim under the Insurance Fraud Prevention Act against Daniel Dahan, D.C. and various other defendants regarding an illegal corporate structure in which a medical practice was owned by a non-physician.
Case Law Alerts, 4th Quarter, October 2019
U.S. Supreme Court holds that, under the Outer Continental Shelf Lands Act, when federal law addresses a relevant issue, state law is inapplicable.
In a unanimous opinion, the United States Supreme Court held that, “to the extent federal law applies to a particular issue, state law is inapplicable” under the Outer Continental Shelf Lands Act.
Case Law Alerts, 4th Quarter, October 2019
Appellate Division finds extraordinary circumstances in permitting the plaintiff to file a late Notice of Claim against the public defendants.
The plaintiff underwent surgery at the hospital to treat her scoliosis and back pain. After waking, she experienced increased pain in her leg and decreased movement and sensation.
Case Law Alerts, 4th Quarter, October 2019
Courts will allow plaintiffs time to develop proofs in order to conform to the court’s eve-of-trial dictates.
The plaintiff alleged the defendants negligently failed to develop evidence and expert testimony concerning the brain injury and economic loss he suffered as the result of a slip and fall accident.
Case Law Alerts, 4th Quarter, October 2019