Workers Compensation
Workers Compensation Judge’s Findings | Permanent Partial Disability Award | Mesgleski vs. Spes Company
Mesgleski vs. Spes Company February 20, 2016 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Deference to the Workers Compensation Judge’s Decision making process was also outlined in this case. The court reiterated, as I have in many other cases the Appellate Court’s “reviewability” of the that trial court’s judge’s a) examination of…
Read MoreAppellate Court’s Scope of Review of the Compensation Court’s Decision | Mesgleski vs. Spes Company
Mesgleski vs. Spes Company February 20, 2016 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case the Comp judge made finds of fact and determinations of credibility of the doctors who testified as well as the petitioner. This petitioner filed an initial claim in 1992 and then filed a series of…
Read MoreJudge Reject’s Employer’s Routine Incursions into a Petitioner’s Unrelated Prior Medical History!
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Todaro v. Gloucester County Department of Corrections Decided February 6, 2016 Appellate Division affirmation of Decision of the Workers Compensation Court decision. This is a very important case issued by the Supervisory Judge of the Camden Vicinage of New Jersey’s Workers Compensation Court. The issue addresses an employer’s entitlement…
Read MoreKatzenstein vs. Dollar General Continued: Standard of Review in Appealing Workers Comp Claims
Submitted by New Jersey Workers Compensation Attorney, Jeffrey Hark. Previous related articles: Katzenstein vs. Dollar General: Standard of Review in Appealing Workers Comp Claims Award of Temporary Disability Benefits is a Final Judgment and May Be Appealed As a result they file an unemployment compensation claim. Unfortunately, what you place in the unemployment compensation claim could…
Read MoreKatzenstein vs. Dollar General: Standard of Review in Appealing Workers Comp Claims
Submitted by New Jersey Workers Compensation Attorney, Jeffrey Hark. Katzenstein vs. Dollar General What is the standard of review by the Appellate Division of a Workers Compensation Court Judge’s decision? I have written about this standard of review several times, however, reading this case once again anyone can clearly see the effect the trial judge has when s/he makes determinations of veracity, credibility, and a…
Read MoreAward of Temporary Disability Benefits is a Final Judgment and May Be Appealed
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Katzenstein vd. Dollar General: This case address several issues which come up again and again in my office in Workers Compensation cases. First Issue: Once there is a Motion for Medical and Temporary disability actually heard by the court, and the court rules against the petitioner for…
Read MoreWorkers Compensation and Sexual Harassment
TORTS | WORKERS’ COMPENSATION 36-2-8576 Louis v. Burger King Corp ., Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Plaintiffs alleged she was sexually assaulted and harassed at her employer’s work place. As a result, she filed a law suit in the Superior Court based on common-law claims based on theories of negligence and vicarious liability for injuries…
Read MoreSamuel Roman vs. Treeminator Tree Service
Issue: Fraudulently misrepresenting your business on a workers comp policy will risk voiding any and all coverage! Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case, in 2007, petitioner Roman started a business, Treeminator Tree Service, Inc. He and his girlfriend, Sandra Flores, were both employees of the business and by 2012…
Read MoreCan you file a Workers Compensation case for suffering an injury from walking down the hallway?
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Fitzgerald v. Walmart Can you file a Workers Compensation case for suffering an injury of you are merely ‘walking down the hall way or aisle and you become injured. In other words, with no actual ‘acute trauma’, such as slipping on water, falling down a step, picking up a heavy…
Read MoreWhat is the Standard of Review for a Appellate Court of a Workers Compensation Judge’s Decision
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Fitzgerald v. Walmart What is the Standard of Review for a Appellate Court of a Workers Compensation Judge’s Decision. In this case the Appellate Division affirmed the dismissal of a Workers Compensation petitioner after a hearing took place in the Workers Compensation court. The facts are…
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