The Special Mission Exception to Workers Compensation Permits Compensation for Employees That Are Required to Be Away from the Conventional Place of Employment

Gregory Van Sciver v. Jersey Mechanical Contractors, Inc. Docket No. A-3524-20 Decided November 15, 2022 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided respondent/appellant, Jersey Mechanical Contractor’s, appeal from the order awarding petitioner workers’ compensation benefits. The facts of this case are as…

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To Be Eligible for Workers’ Compensation, An Incident Must Pass a Two-Prong Test for An Injury Sustained During a Recreational or Social Activity

VIRIDIANA REGALADO, Petitioner-Appellant, F&B GARAGE DOOR, Respondent-Respondent Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Petitioner worked for F&B Garage Door is a business that sells and installs residential garage doors. On Friday, December 23, 2016, respondent was hosting a holiday party at a local restaurant. Employees were encouraged to bring friends or families and…

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In Order for A Claim for Treatment to Be Compensable, It Must Be Medically Necessary and Causally Related to A Work Injury

Soto v. Exclusive Coachworks, Inc. Docket No. A-2331-19 Decided April 12, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether a knee replacement was compensable under workers’ compensation when the petitioner had two prior knee surgeries that were not work related. In Soto,…

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In Order for A Claim to Be Compensable, It Must Arise Out of The Scope of Employment

Pilone v. County of Middlesex Docket No. A-1676-19 Decided March 15, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while a prosecutor was traveling a frequently traveled path for work to discuss a case at the donut shop…

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Even If an Employee Is Volunteering, They Might Be Able to Still Make A Compensable Claim for Workers Compensation

Goulding v. NJ Friendship House Docket No. A-48 Decided February 8, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether an injury occurring during a Family Fun Day in which an employee volunteered to work without pay is compensable for workers compensation purposes. In…

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Hiring Preference Bill Approved by New Jersey Assembly Committee as Part of New Jersey Workers’ Compensation Act

Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. The NJ Assembly Labor Committee recently passed bill A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson. This bill requires an employer with at least 50 employees to provide a hiring preference to an employee who was injured in a work-related injury, has reached maximum medical…

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Police and Firemen’s Retirement System (PFRS) Board and Accidental Disability

Slater v. Bd. of Tr., Police & Firemen’s Ret. Sys.: Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark.          Petitioner appealed the final agency decision by the Police and Firemen’s Retirement System (PFRS) Board denying her request for accidental disability benefits and instead awarding her ordinary disability benefits. The key issue in dispute is…

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What is “Negligence” for the purpose of a car crash”

JEAN-PIERRE THERRIEN v. LYNDA BLOW,  Decided March 4, 2020 (Not Approved for Publication and Shall Not Be binding on any trial court) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Facts:  Plaintiff, Jean-Pierre Therrien, an on duty Metuchen police officer observed a disabled motor vehicle with its hazard lights activated blocking the intersection of Grove Avenue…

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