Posts Tagged ‘new jersey workers compensation’
Samuel 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 MoreSimilar Injuries May Still Be Distinct for Workers’ Compensation Purposes
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Rajpaul v. McDonald’s Corporation, decided August 28, by the Appellate Division. Petitioner was a maintenance worker for McDonald’s between 1995 and 2005. In 2001, he was diagnosed with bilateral bicipital tendonitis but it was resolved with treatment and he continued to work at McDonald’s. However, in…
Read MoreWhen a Judge Is Too Involved to Judge Properly–Recusals and the Politics of Judge-Attorney Relations
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Dominguez v. Education Management Services, Inc., decided by the Appellate Division on July 10, demonstrates two points–one legal, and one based in common sense: There is a high standard for recusal (replacement) of a judge in a particular case Don’t have bad interactions with judges if…
Read MoreWorkers Compensation Case Involving Extensive Home Modification | Loeber v. Fair Lawn Board of Education
Case study of Loeber v. Fair Lawn Board of Education submitted by workers compensation lawyer, Jeffrey Hark The court overturned the Workers Compensation Judge’s Decision regarding the installation of an elevator in the petitioner’s home after suffering an injury which left him paralyzed and unable to traverse steps to the second floor as well as the steps into the…
Read MoreWorkers Compensation | Coverage of a Work Related Injury
Submitted by Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, We discern the following facts and procedural history from the record on appeal. Naulty was hired by Pemberton as a truck driver in September 2004. In addition to driving trucks, Naulty’s duties included leaf and brush collection, tree and road work, guardrail installation…
Read MoreHarold Naulty V. Township of Pemberton Public Works
Submitted by worker’s compensation attorney, Jeffrey Hark NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 HAROLD NAULTY, Petitioner-Respondent, v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, Respondent-Appellant. ___________________________________ September 26, 2014 Argued September 10, 2014 Decided Before Judges Waugh, Maven, and Carroll. On appeal…
Read MoreWorkman’s Compensation and Estimates of Disability
Submitted by Workman’s Compensation Lawyer, Jeffrey Hark The court in Pitts outlined its decision making process for the estimates of disability based on hearing from two different doctors and their own estimates of disability. Usually in the Workers Compensation Court setting petitioner’s doctor’s estimates of disability are high while respondent’s doctor’s are extremely low. As…
Read MoreReview of Workers Compensation Statute and Proof of Permanency
Submitted by New Jersey Workman’s Compensation Lawyer, Jeffrey Hark This case represents a recent review of New Jersey’s Workers Compensation Statute and petitioner’s evidentiary burden regarding proof of ‘permanent’ injury. The following is the court’s discussion of NJSA 34:15-36. The statute that defines the elements of proof necessary to sustain a compensable injury is N.J.S.A.…
Read MoreWorkers Compensation Review: Dennis Blake vs. Asbury City & Second Injury Fund
Submitted by Workers Compensation Attorney, Jeffrey Hark Disability and Appellate Court Standard of Review The subject of this case is the court’s determination, and the appellate division’s affirmation, of the petitioner’s overall level of disability and the appellate court’s standard of review. Review the entire case here. Appellate Court Deference to Trial Court Ruling The…
Read MoreRizzo vs. Kean University | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION
New Jersey Workers’ Compensation Case: Rizzo vs. Kean University App. Div June 11, 2014. Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark In this case the petitioner alleged that she suffered an exacerbation of her psychiatric condition, of heretofore suppressed PTSD from a sexual assault that took place many years previously when she was…
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