Lessons from Daniel

On August 2, 2016, the Appellate Division upheld a Judge of Compensation’s denial of a petitioner’s motion for medical treatment and temporary disability benefits. In upholding the Division’s decision, the Appellate Division agreed that the petitioner had not met his burden of proof that the need for surgery arose from and was causally connected with the same trauma complained of in the original claim petition. Daniel v. United Arlines, No. A-1252-14T3 (App. Div. August 2016). The petitioner in Daniel sustained
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Legislative Branch Provides Protection to Municipalities from Preclusion: Requires Workers to Send Notice of Claims to Town Clerk

Public Act No. 16-112 amends Section 31-294c, which requires a municipal employee/dependent who files a claim for benefits to send a copy of the written notice of the claim (Form 30C/Form 30D) to the town clerk of the municipality where the employee works. Before the Act, written notice could be sent to almost anyone in a municipality, which created the risk of the claim not being responded to in a timely fashion. The respondent must file a Form 43 contesting
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Paid Vacation Weeks Should Be Included in Total Gross Wages and Number of Weeks Worked When Calculating Average Weekly Wages

Generally, the average weekly wages (AWW) equals total gross wages from the 52 weeks prior to the injury, divided by the number of calendar weeks the claimant was employed during that 52-week time period. C.G.S. §31-310. When making the calculation, we do not include absences of seven or more consecutive calendar days or partial weeks worked either at the beginning of employment or on the week of injury. Id. However, the Appellate Court in Menard v. Willimantic Waste Paper Co.,
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Co-Employee Liability under Missouri Law

The 2012 amendments to the Workers’ Compensation Law sought to bring clarity to the scope of co-employee liability for work injuries. The exclusivity provision of the law now provides: “…every employer and employees of such employer shall be released from all other liability whatsoever, whether to the employee or any other person, except that an employee shall not be released from liability for injury or death if the employee engaged in an affirmative negligent act that purposefully and dangerously caused
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Appellate Division Provides Clarity: Medical Expenses are Recoverable by Workers’ Compensation Carriers under Section 40

The Appellate Division issued a published decision on August 24, 2016 confirming the right of workers’ compensation insurers to recover medical expenses from the proceeds of any recovery the worker obtains from a third-party tortfeasor under Section 40 of the Workers’ Compensation Act, N.J.S.A. 34:15-40. The decision, Lambert v. Travelers Indemnity Co. of America, No. A-1073-14T3, __ N.J. Super. __, __ (App. Div. 2016), offers welcome clarity concerning reimbursement of medical payments under Section 40. Following the unpublished 2013 decision
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