New Jersey Woman’s Claim for Workers’ Compensation Total Disability Benefits Under Odd Lot Doctrine Denied
A petitioner in a workers’ compensation case who argued for total disability under New Jersey’s odd-lot doctrine, lost when the judge found that both her and her expert witness to not be credible. On appeal, the Appellate Division affirmed the decision out of deference to the workers’ compensation judge.
In this case, the petitioner, Floralba Avendano (Floralba), injured her back while unloading merchandise for her employer, Target. Floralba was fifty years old at the time, and was originally from Colombia. She initially settled...
Read More....New Jersey Court Rules Injured Worker is No Longer Entitled to Opioid Medication
A New Jersey petitioner previously receiving opioid pain medication to treat pain from a work-related injury will no longer be compensated for the medication because he did not provide enough evidence that the opioids would heal or relieve his condition. This was true even though the petitioner provided medical expert testimony who stated that a long-term prescription of opioids would be reasonable in these circumstances. The New Jersey Appellate Court, however, deferred to the workers’ compensation judge’s decision to give ...
Read More....New Jersey Landlords May be Held Liable for Criminal Acts by Others Against Tenants
A landlord who fails to take certain safety precautions, such as fixing locks in an apartment unit, may be held liable for a resulting criminal act against a tenant. The New Jersey Appellate Court held in a recent case that a landlord had a duty to protect tenants from third parties through reasonable means, and that intrusion into a tenant’s unit and resulting physical harm––including murder––is within the scope of that duty.
In that case, the plaintiff, Rosena Pitts, was a mother who sued for the wrongful death of her daughter, Tam Marie...
Read More....A Synopsis of NJ Workers’ Compensation Benefits
Workers’ Compensation provides benefits to an employee who suffers a personal injury or death arising out of, and in the course of, his or her employment. If the employee suffers an injury resulting in death, his or her dependents may receive the benefits.
The focus of Workers’ Compensation benefits is to compensate for the loss of the ability to work, as opposed to pain and suffering, which is actionable through a civil tort claim. Therefore, the benefits are focused mostly on losses stemming from the inability to work. If the injury ...
Read More....Medical Marijuana is a Valid Benefit Under Workers’ Compensation Law Says New Jersey Appellate Court
On January 23, 2020, the New Jersey Appellate Division ruled in the case of Hager v. M&K Construction that New Jersey workers’ compensation insurance carriers cannot refuse to provide reimbursement for legitimately prescribed medical marijuana as part of a workers’ compensation coverage on the grounds that reimbursement would conflict with federal law––namely the Controlled Substance Act (CSA). Even though the CSA makes it a federal crime to manufacture, possess, or distribute marijuana, the New Jersey Appellate...
Read More....Widow’s Wrongful Death Claim Dismissed by New Jersey Courts Due to Statute of Limitations
A widow who filed a wrongful death claim based on medical malpractice after her husband died had her claim dismissed because she waited too long. The New Jersey Appellate Court ruled that, based on the language of New Jersey’s Wrongful Death Act and Survivor Act, any claim brought under those acts must be brought within two years of the death at issue. A statute of limitations requires that a certain claim be brought within a certain period of time after the incident giving rise to the claim. If the claim is brought after that time period runs,...
Read More....NJ Employee’s Injury on Public Street Ruled Not Compensable Under Workers’ Compensation Law
Employees who cross public highways while walking to and from commuter lots may not be covered by New Jersey workers’ compensation laws in the event of an injury, even if the employer leases parking spaces in that lot. In a case recently decided by the New Jersey Appellate Court, Jersey Medical Center/RWJ Barnabas Health (RWJ) prevailed on a motion to dismiss a claim for workers’ compensation benefits by employee Emily Manuel (Emily) after she was hit by a car while crossing a public street on her way to a commuter lot.
Emily began working...
Read More....Volunteer Not Entitled to NJ Workers’ Compensation Benefits
A worker who was injured while volunteering for a “Family Fun Day” organized by her employer, and situated on her employer’s property, was not entitled to workers’ compensation benefits. In a case recently decided by the New Jersey Appellate Court, the plaintiff-worker failed to prove that she was engaged in the normal course of her work with her employer when she sustained her injury.
The plaintiff, Kim Goulding (Kim), was employed as a cook on an hourly basis by the defendant, NJ Friendship House (Friendship House). In September 2017,...
Read More....Can a Signed Document Fail to Be Binding?
An agreement waiving a plaintiff’s right to pursue a claim against a hospital in court may not be enforceable, even if it bears the plaintiff’s signature and the plaintiff was fully cognitive at the time of signing. In a recent case, the New Jersey Appellate Court held that, even though courts abide by a strong preference for enforcing arbitration agreements, such agreements still must be the product of “mutual assent” to be enforceable. This means that all parties must understand the terms of the agreement they are signing.
The plaintiff...
Read More....Medical Malpractice Victim’s Claim Dismissed for Failure to Provide Timely Notice to Public Entity
In a recent medical malpractice case, the New Jersey Appellate Court held that a patient failed to file his complaint in a timely manner and therefore was unable to state a claim against the Rutgers Cancer Institute.
In 2009, Hiccson Gomez (“Gomez”) was diagnosed with colon cancer. He had surgery and was in remission for five years, but the cancer came back in 2014. As a result, Gomez went to the Rutgers Cancer Institute and met with Dr. Kennedy, who performed his surgery.
In mid to late 2016, Gomez began to notice “a rush of air” coming from...
Read More....
