Publications
Appellate Division affirmed granting of motion to dismiss a third-party complaint for failure to state a claim.
The employer’s insurance carrier issued a standard workers’ compensation and employers liability policy to the employer.
What’s Hot in Workers’ Comp, Vol. 28, No.
Order denying motion to dismiss for lack of coverage and finding an employer liable as a special employer affirmed by the Appellate Division.
In Urena v. A&D Freight Logistics, LLC, et al., Hartford Underwriters Insurance (Hartford) appealed from a February 15, 2022, order, denying its motion to dismiss for lack of coverage.
What’s Hot in Workers’ Comp, Vol. 28, No.
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What’s Hot in Workers’ Comp, Vol. 28, No.
Attorney Fee Cap in Workers’ Compensation Cases Rises to 25%
On August 22, 2024, Acting Governor Nicholas Scutari signed S2822/A3986 into law.
Under R.S.34:15-64, the attorney fee cap in New Jersey workers’ compensation cases were at 20%.
What’s Hot in Workers’ Comp – Special NJ Alert – August 23, 2024,
Delaware Superior Court reverses and remands Industrial Accident Board’s decision involving a Utilization Review appeal because it was unclear whether the Board had correctly applied the relevant Delaware Healthcare Practice Guidelines.
Mr. Baxter was injured when he fell from a ladder on May 28, 2019, while working as a fiber optic cable installer. He had multiple injuries, one of which was to the left knee.
What’s Hot in Workers’ Comp, Vol. 28, No.
First District Court finds that judge of compensation claims abused his discretion in rejecting terms of employment contract as the contract expressly provided claimant would receive his salary only during the five-month championship playing season.
The claimant signed a seven-year Minor League Uniform Contract. Per the contract, his salary at the time of his accident was $1,500 per month to be paid over the five-month championship playing season.
What’s Hot in Workers’ Comp, Vol. 28, No.
Because plaintiff’s reason for remaining at defendant’s premises was purely personal and location of accident was not determinative, Appellate Division reversed and vacated the order granting summary judgment to defendant.
The plaintiff was a Certified Nursing Assistant working for Hackensack University Medical Center (HUMC) on the date of the incident.
What’s Hot in Workers’ Comp, Vol. 28, No.
Appellate Division finds that petitioner failed to sustain her burden of proving that her need for treatment was related to work incident, thus, denial of her motion for medical and temporary benefits was affirmed.
The petitioner appealed a workers’ compensation order denying her motion for medical and temporary benefits. By way of background, she worked as a teacher, and on July 6, 2021, a male student kicked her in her left breast.
What’s Hot in Workers’ Comp, Vol. 28, No.
A workers’ compensation judge did not abuse his discretion in finding that decedent was in an ongoing employment relationship with defendant at the time of death and was not a borrowed servant at the time of his fatality.
This case involved two companies involved in coal mining operations, West Spring and Reading Anthracite Company (RAC). The decedent was employed by West Spring as an equipment operator, but he had been scheduled to be laid off.
What’s Hot in Workers’ Comp, Vol. 28, No.
Court reverses Appeal Board ruling on an entitlement to reinstate benefits as of date claimant returned LIBC-760 form to employer, as benefits were in suspension status because of a judge’s prior decision, not for claimant’s failure to return the form.
This case involves multiple intertwined rounds of litigation. The claimant was a firefighter who sustained injuries in May 2004, when he fell in a stairwell while pulling down a ceiling in a burning building.
What’s Hot in Workers’ Comp, Vol. 28, No.