Temporary Disability Benefits and the New Jersey Worker’s Compensation Act

February 24, 2019 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark What is temporary disability benefits (TDB) and how am I entitled to it under the New Jersey Worker’s Compensation Act. Temporary disability benefits are statutorily authorized wage replacement for any and all employees who were injured in the course of their employment. If you have any…

Are Injuries Sustained by a Volunteer Fire Fighter Covered by New Jersey’s Worker’s Compensation?

February 24, 2019 |

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark If you are a volunteer FIRE FIGHTER in New Jersey while currently unemployed, and are injured in your volunteer position you may now be eligible for a temporary disability benefits under New Jersey’s Worker’s Compensation statute. If you have any questions about TDB issue please call…

Appealing an Agency Decision in New Jersey to the Appellate Division

February 17, 2019 |

EBONY BROWN, v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, Decided February 11, 2019 Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. Am I entitled to make a accidental disability benefit claim against my public sector employer for my work related injury ?? How do I proceed?  This case addresses one specific threshold question regarding how your…

What is an undesigned and unexpected traumatic event that takes place in the course of employment for a public employee who is entitled to make a accidental disability retirement claim?

February 17, 2019 |

EBONY BROWN, v. BOARD OF TRUSTEES, POLICE AND FIREMEN’S RETIREMENT SYSTEM, Decided February 11, 2019 Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. Am I entitled to make an accidental disability benefit claim against my public sector employer for my work related injury ?? How do I proceed?  This case addresses one specific threshold question regarding how your…

I fell and injured myself in a subsidized housing authority facility! What do I have to prove to win my case? What is the Tort Claims Act? What do I need to over come that burden of proof?

February 17, 2019 |

Spentz v. NEWARK HOUSING AUTHORITY , Appellate Division:  Essex County, Docket No. L-0483-15. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the plaintiff was injured when she fell through a hole in the floor of her apartment where she ad lived for an extended period of time. She was taken to the hospital, complaining of knee…

My Domestic Violence charges and Restraining Order were Dismissed, How do I get my gun back now??

February 12, 2019 |

In the Matter of the Application for Disposition of Weapons Belonging to D.S. , N.J. Super. App. Div.  Decided February 11, 2019 Submitted by New Jersey Domestic Violence Lawyer, Jeffrey Hark. In this case the facts are pretty clear.  The defendant was charges with several criminal charges, all of which were dismissed.  However, as part of…

Can Mom’s Statement to Medical doctor in emergency room be admitted as evidence in a criminal trial against third party? Rule of Evidence 804

February 10, 2019 |

Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark. This is a law division evidence decision made by Superior Court judge sitting in Camden County arising out of an out of court hearsay statement made by a sex assault victim’s mother to a E.R. physician at Cooper Hospital in Camden, NJ.  The reasoning behind the admissibility of…

WHAT ISSUES TO RAISE WHEN SUCCESSFULLY APPEALING A PTI DENIAL — HOW PROSECUTORS’ OFFICE’S ATTEMPT TO PREJUDICE A DEFENDANT DURING A PTI REVIEW

February 7, 2019 |

STATE V. JOSEPH P. BLANC,  Argued January 23, 2019 – Decided February 6, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Middlesex County, PROCEDURE: The Middlesex County Prosecutor (prosecutor) appeals the order granting defendant admission into the Middlesex County Pretrial Intervention (PTI) Program over the prosecutor’s objection. We reverse the order and remand defendant’s…

Warrantless Searches in New Jersey and Investigatory Stops How long can the police detain me without any ‘probable cause?

February 6, 2019 |

STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…

What is the “Exclusionary Rule for unlawfully obtained evidence in New Jersey?

February 6, 2019 |

STATE V. CHISUM NEW JERSEY SUPREME COURT FEBRUARY 5, 2019 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. [A]n investigative detention, also called a Terry stop or an investigatory stop, occurs during a police encounter when ‘an objectively reasonable person’ would feel ‘that his or her right to move has been restricted. SUMMARY: In this…