Increase in defendant’s benefits in NJ workers comp cases for public employees

New Supplemental Benefits Law For Dependents of Public Safety Workers killed in the lie of their public employment effective January 1, 2020. Submitted by New  Jersey Workers Compensation Lawyer, Jeffrey Hark. The purpose of this law is to increase dependency benefits for those who received awards after December 31, 1979.  The statute calls these benefits…

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Workers Compensation Motion for Medical and Temporary Disability Benefits

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,…

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

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.…

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Medicaid and its Effect on your Workers Compensation Settlement

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. For many New Jersey residents Medicaid and its brother Medicare is a last resort for health insurance which has drastic effects on how workers compensation and third party cases must be resolved in the current climate of settlements. Medicaid was established by federal law, 42 U.S.C…

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

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…

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

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…

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

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…

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If I have a workers compensation case in New Jersey can I also sue in Superior Court?

What is a Section 20 Settlement and why is my attorney proposing it to me? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MARGARITA SORIANO, Individually and as Administratrix Ad Prosequendum of the ESTATE OF GUMERCINDO SORIANO,  Plaintiff-Appellant, v. 70 HUDSON STREET REALTY, LLC, DF 70 REALTY, LLC, MF 70 REALTY, LLC, LJC 70 REALTY, LLC,…

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