Workers’ Compensation Claims and Re-injuring Previous Injuries

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5547-18 PATRICIA COSTANZO, Petitioner-Appellant, v. MERIDIAN REHAB, Respondent-Respondent. __________________________ Argued June 2, 2021 – Decided June 17, 2021 Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark. On April 1, 2016, petitioner was working for Meridian Rehab. When performing her duties, she slipped and fell to the…

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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 In a recent unpublished decision, the New Jersey Appellate Division reviewed whether a knee replacement was compensable under workers’ compensation when the petitioner had two prior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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News release: New Jersey Worker’s Compensation and personal injury emergency

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Amazon Wayfare, supermarkets, drug stores, emergency responders, police fire, all essential employees:  this is a specific message/news flash for you if you were injured on the job in the last few days or weeks will become injured in the immediate near future. If you are injured…

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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

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,…

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Can I appeal my workers combination decision to a Appeal Court ?

Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MICHAEL GERITY, Petitioner v. NEW JERSEY TRANSIT Facts: In 2005, petitioner was injured when another vehicle struck the bus he was driving for NJT. Through the workers’ compensation system, he underwent multiple surgeries on his arms and neck. In two successive settlements, he received an award of…

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Intoxication – Not a Bar to Worker’s Compensation Benefits in New Jersey

Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This morning New Jersey’s Appellate Division handed down a decision in Antonio Diaz v. National Retail Transportation, Inc., stating an employee can be entitled to Worker’s Compensation benefits even if the employee is intoxicated at the time of injury.  In Diaz, a mechanic was injured on…

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