Liranzo v. Morales Auto Repair

February 19, 2020

Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This case, Liranzo v. Morales Auto Repair, was brought to the Superior Court of N.J. from the N.J. Department of Labor & Workforce Development, Division of Workers’ Compensation. The appeal challenges a judge’s compensation’s award to an employee of Morales Auto Repair (“MAR’S”). The previous judge’s…

Newly Signed Hand and Foot Bill Increases Amount of Workers’ Compensation Benefits

January 23, 2020

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. New Jersey Governor Phil Murphy this week signed into law the long-considered hand and foot Bill, increasing the amount of workers’ compensation benefits paid for injuries producing loss of function for such injuries. The Bill accomplishes the legislature’s goal of providing greater compensation for hand and…

Workers Compensation Motion for Medical and Temporary Disability Benefits

November 1, 2019

Capel v. Township of Randolph Decided October 10, 2019   New Jersey Appellate Division (Not Approved for Publication) October 10, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation.  Because injured workers are not receiving benefits,…

Special Employee and its effect on Workers Compensation benefits or ability to sue in Superior Court and not be limited to workers compensation benefits

June 2, 2019

Carabello v. Jackson Dawson Communications:    (Not Approved for Publication March 26, 2019) Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. Procedure:    The plaintiff appealed the trial court’s determination that when plaintiff was injured he was a “special employee” of defendants and therefore entitled only to benefits under the Workers’ Compensation Act, N.J.S.A.…

I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people?

April 6, 2019

LIBERTY MUTUAL INSURANCE o/b/o SABERT CORPORATION,  v. JOSE R. RODRIGUEZ, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  Approved for Publication — Decided April 2, 2019 I was involved in a car crash while working. Why do I have to pay back the Worker’s Compensation people? Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. In this case the…

Is it a Workers Compensation Claim or is it an Accidental Disability Benefits Claim entitling a petitioner to State Disability?

April 3, 2019

Conti v. NJ Board of Public Employees Retirement Pensions Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION UNPUBLISHED {1″No unpublished opinion shall constitute precedent or be binding upon any court.” R. 1:36-3. Indeed, unreported decisions “serve no precedential value, and cannot reliably be considered part of our…

Why can’t I sue my employer if I am injured at work by a co-employee?

April 2, 2019

Johns v. Wengerter. New Jersey Appellate Division decided April 1, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. In this unreported decision as a volunteer fireman was injured during a prank on duty when I co-employee placed a small firecracker in the firehouse toilet. He thereafter sued his employer  in Superior Court and…

The interplay between NJ Workers Compensation Statute and NJ Law Against Discrimination: If a plaintiff who pursues a workers’ compensation claim under the Act but fails to utilize its enforcement mechanisms can s/he make a claim for failure to accommodate

March 26, 2019

Frank Caraballo, Plaintiff-Respondent, v. City of Jersey City Police ——— SUPREME COURT OF NEW JERSEY  Decided March 25, 2019 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark This case represents an excellent example of the unintended consequences at the intersections of two of New Jersey’s most important employee rights laws.  Initially you have the workers compensation statute,…

Permanency… What is it in the context of a New Jersey Workers Compensation Case?

March 18, 2019

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Today I’m going to discuss one of the three statutory entitlements provided employees in New Jersey’s Worker’s Compensation statute.  When people ask me what is the benefit of filing a Worker’s Compensation claim I explain to them in a very simple way. New Jersey’s Worker’s Compensation…

Can I sue a landlord of the commercial building where I work if i am injured on the job?

March 3, 2019

What if there is a defect in the building where I work?  Can is sue the building owner? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Soriano v. 70 Hudson St. Realty, LLC , N.J. Super. App. Div. Decided February 27, 2019. In this case the Plaintiff appealed the dismissal of her wrongful death action…