Limited Reopening of New Jersey Workers’ Compensation Court Set For April 6th

The Director of the New Jersey Workers’ Compensation Court has announced a limited reopening set for April 6, 2020. The Director previously announced that all courts would be closed from March 17, 2020 to April 3, 2020 on the heels of the COVID-19 outbreak. 

Courts will conduct telephonic conferences on a limited basis for all emergent matters and some non-emergent matters. This will include trials, motions for medical and temporary disability benefits, settlements by affidavit, and pretrial conferences.

Goldberg Segalla will continue to update you …

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Medication and Transportation (M&T) Reimbursement in New York: A Primer

New York Workers’ Compensation Law (WCL) dictates that an injured worker is entitled to reimbursement for certain expenses relating to an established compensable claim. WCL Section 13(a) provides that an employer is obligated to provide an injured employee with such medical, surgical, or other attendance or treatment as the nature of the injury or the process for recovery may require. In kind, courts have ruled that transportation costs incurred in connection with medical treatment are compensable if reasonable, and that the statute should be interpreted …

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When Does an Injury at Work Actually Arise Out of Employment in New Jersey?

For a work-related injury to arise out of employment, there must be a causal relationship between the employee’s injury and their employment. Simple concept, right? Well, maybe not. Consider the following hypothetical scenarios:

  • A worker faints while sitting at their desk
  • A worker is walking and, for no explicit reason, their lower back locks
  • A worker suffers a stroke while making coffee in the office kitchen

The above scenarios are all unlikely to have risen out of employment within purview of the court. Why? It …

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Candy Cane Catastrophe: A Brief Look at Workers’ Compensation Defenses in New Jersey

With the holidays quickly approaching, it is important to keep in mind a number of issues that may arise when co-workers gather to celebrate. Many employers host year-end holiday parties to recognize another year gone by and to celebrate the many successes of the company. In the unfortunate event that an employee is injured during the most wonderful time of the year, it is important to remember the guiding principle of workers’ compensation: the employer is responsible for an injury that occurs in the course …

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Bunk Dicta is Bunk Dicta: New Jersey Appellate Division Rejects Residency as a Sufficient Condition for Jurisdiction

When can an employee who was injured in another state pursue a workers’ compensation claim in New Jersey? On July 22, 2019, the New Jersey Appellate Division approved for publication a decision dealing with exactly that question. In Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, 2019), the petitioner alleged he sustained work injuries in Pennsylvania. Testimony showed that United initially hired the petitioner in San Francisco. At the time of the accidents, the petitioner lived in New Jersey but worked at the …

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Due Process in the New Jersey Workers’ Compensation System

In an ideal workers’ compensation system, all parties would keep to the letter of the law. However, courts’ rules are oftentimes relaxed within our system and often not followed. In handling any New Jersey workers’ compensation claim petition, employers, employers’ attorneys and claims professionals must be diligent in making sure that employers’ fundamental rights are not violated by this relaxed approach. All parties, petitioners, and respondents have the right to due process. This right includes procedural due process and substantive due process. For instance, one …

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The Importance of Investigating a Petitioner’s Medical History and How It Can Help Employers Save Money

Upon the filing of a New Jersey workers’ compensation claim petition, it is extremely important to thoroughly investigate the history of the alleged injured worker to ensure you attain the best possible outcome and to prevent unnecessary expenses. This is a relatively well-known strategy.  However, in a rush to close or settle a matter, this strategy can sometimes be overlooked, which can result in significant costs to an employer.

In a recent unpublished opinion by the New Jersey Appellate Division, the appellate court affirmed the …

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The Interstate Medical Provider Claim: Unsettled Jurisdictional Questions Open the Floodgates in New Jersey

As overall filings in the New Jersey Workers’ Compensation Courts have been falling, one particular type of claim is on the rise: the Medical Provider Application for Payment or Reimbursement of Medical Payment. The statutory authority for these “Medical Provider Claim Petitions” (MCPs) is found in a single sentence in the depths of New Jersey Statutes Annotated 34:15-15: “[e]xclusive jurisdiction for any disputed medical charge arising from any claim for compensation for a work-related injury or illness shall be vested in the division.” The precise …

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Shifting Liability: A Lesson for General Contractors

Imagine this, you, a general contractor based in New Jersey, just secured a project from one of the biggest retailers to do some work at its warehouse in New York. Given the magnitude of the project, part of the work is subcontracted to another New Jersey company that guarantees it has workers’ compensation insurance. The project begins and you are unfamiliar with the number of subcontractor employees on-site, their day-to-day work responsibilities, or how work tasks are assigned.

Several weeks later, one of the subcontractor’s …

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On the Road Again: Compensability on the New Jersey Roadways

In New Jersey, an injury sustained during employee’s travel to and from the workplace is generally not a compensable injury. This is commonly referred to as the “going and coming rule.” This rule developed in a time where employees commonly worked in a single, physical location such as an office or a store. The course and scope of an employee’s work began once she arrived at the office or store and it ended when the employee left for the day.

Today, for many employees, the …

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