Esther F. Omoloyin
All articles by Esther F. Omoloyin
Post-Accident Drug Testing: Part 1 — New Jersey
For New Jersey, a post-accident drug test can be helpful. In an unreported decision, the Appellate Division found that an injured employee terminated after he was placed on light duty, due to a failed drug test, is not automatically entitled to temporary disability benefits. Gioia v. Herr Foods, Inc., No. A-0667-10T4 (App. Div. Oct. 11, 2011). The employer provided testimony that it would have offered the injured employee light duty
Is That Offer Bona Fide?
Did you know that a voluntary offer to settle a workers’ compensation claim in New Jersey must meet three specific criteria to comply with state law? The offer must meet the 26-week rule — this means the offer must be made within 26 weeks of the last active treatment or return to work, whichever is later. The letter to the petitioner must explain the weekly payments are meant to be
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.
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