Publications
In the age of eCourts and electronic filing, New Jersey courts will not give attorneys leeway to plead ignorance of the amended rules.
This appeal concerned the use of eCourts in New Jersey and the potential to lead to possible professional liability for failure to use the electronic filing system.
Case Law Alerts, 3rd Quarter, July 2019
Appellant Division affirmed granting of summary judgment based on New Jersey Tort Claims Act.
The plaintiff left work when a snow storm caused an emergency early closing. She slipped on accumulated ice and snow that was un-shoveled and unsalted.
Case Law Alerts, 3rd Quarter, July 2019
Travel time of one hour and fifteen minutes exceeds the permissible time allowed under AHCA Rule 59A-23.003(6) of sixty minutes.
After the claimant filed a petition for benefits, there was a dispute over the employers’ selection of a pain management physician. According to the employer, they have the right to select the doctor.
Case Law Alerts, 3rd Quarter, July 2019
Second opinion referral granted even though workers’ compensation law does not provide for same.
This case involved a claimant with a severe crush injury to his left foot and ankle. The claimant made a claim for authorization for a second opinion with a plastic surgeon.
Case Law Alerts, 3rd Quarter, July 2019
First DCA finds that the work-from-home arrangement does not mean that the employer imports the work environment into a claimant’s home and the claimant’s home into the work environment.
The claimant worked as a remote employee. On the date of injury, she took a break from her work to get coffee. As she reached for a cup in her kitchen, she fell over one of her two dogs.
Case Law Alerts, 3rd Quarter, July 2019
An employer is not entitled to Supersedeas Fund reimbursement of unilaterally withheld medical benefits that are retroactively paid pursuant to a judge’s order.
The employer accepted liability for work injuries the claimant suffered in a vehicular accident but later learned he was intoxicated and had been charged with driving under the influence.
Case Law Alerts, 3rd Quarter, July 2019
A claimant’s duties as a caretaker for a woman suffering from mild dementia come within the domestic service exception to the Workers’ Compensation Act; therefore, claimant’s injuries are not compensable.
The claimant suffered injuries while taking care of her employer, a woman suffering from mild dementia.
Case Law Alerts, 3rd Quarter, July 2019
Because the claimant’s employment was exclusively in Delaware at the time of the work injury, the dismissal of his claim for lack of jurisdiction under § 305.2 (a)(1) of the Act was proper.
The claimant worked as a union carpenter for the employer, who had a permanent job site located within an oil refinery in the state of Delaware. While working at the employer’s Delaware facility, the claimant was injured.
Case Law Alerts, 3rd Quarter, July 2019
Proving entitlement to benefits for cancer and meeting reporting requirements of § 301(f).
In reviewing the evidence, the workers’ compensation judge found that: (1) the claimant established being engaged in firefighting activities for more than four years; (2) prior to his cancer diagnosis, he did not show any signs of cancer; (3
Case Law Alerts, 3rd Quarter, July 2019
Challenging the Medical Fee Review Section’s fee determination that medical service not rendered by “provider” within meaning of the Act.
The employer had denied payment of compound pain creams that were dispensed to the claimant by Armour Pharmacy. The pharmacy then filed three fee reviews.
Case Law Alerts, 3rd Quarter, July 2019