The Chartwell Chronicles: Permanent Disability
An Overview of New Jersey Workers' Compensation
Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as a result, he had to stay at the...more
Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024) - In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s...more
Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of...more
Employers faced many obstacles over the last few years, but the Ohio Supreme Court just gave them a welcomed boost in a ruling that should significantly reduce workers’ compensation claim costs. In a highly contentious 4-3...more
This week, November 5–11, 2023, Mexico’s Congress has continued to make progress on several legislative items that would amend the Federal Labor Law (FLL), including bills to amend or increase: (i) the list of diseases that...more
To celebrate Labor Day, Governor Kathy Hochul signed a series of bills on September 7 to strengthen protections for workers in New York. Below, we discuss these new developments....more
The WCAB offered clarity on the complex topic of “vocational apportionment” in an en banc decision issued on June 22, 2023: Grace Nunes v. State of California, Dept. of Motor Vehicles, legally uninsured; State Compensation...more
Further Restrictions on Vocational Apportionment - As most workers’ compensation practitioners can attest, vocational evidence has seen a resurgence in recent years, as the applicant’s bar attempts to obtain Awards of 100%...more
Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage (SAWW) that is published by the states’ department of labor every year. The year of the worker's injury will...more
In Episode 7 of The Chartwell Chronicles, hosts Colin Davis and Brittany Atkinson discuss Permanent Disability Benefits and what that actually means when it comes to New Jersey Workers' Compensation. Topics of discussion...more
In Louis Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022), the appellate court recently addressed the issue of late payment of awards and penalties and decided same on June 3, 2022. It is a rare decision and...more
Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical...more
The 2021 Summer CAAA Convention took place virtually, and while we always anticipate permanent disability will be a hot topic, this year’s Convention “zoomed” straight to strategies on achieving higher permanent disability...more
When people find out that I am a child of Deaf adults (CODA), they are usually curious and want to know what it was like growing up with Deaf parents. There is no question that my three siblings and I had an unconventional...more
Agricultural Workers Could Be Entitled to Compensation - Agricultural workers who were exposed to the herbicide paraquat and have been diagnosed with Parkinson’s disease may have a claim for financial compensation....more
Most personal injury lawyers have represented clients suffering from the chronic consequences of concussion and musculoskeletal injuries following a rear end collision that caused minimal damage to the vehicles involved. ...more
In Applied Materials v. Workers Compensation Appeals Board and D.C. and Specialty Insurance Co. v. Workers’ Compensation Appeals Board and D.C., the Sixth Circuit of California’s Courts of Appeal annulled the WCAB award of...more
Chartwell Law's Brittany Atkinson, Esq., Kevin J. Riefenstahl, Esq., and Colin J. Davis, Esq. present this informative webinar addressing the fundamentals of New Jersey workers' compensation and cover: • Classifications of...more
Workers’ Compensation Law § 15(3)(w) places a limitation – commonly referred to as “cap” – on the number of benefit weeks that compensation is payable to a claimant classified with a nonschedule permanent partial disability...more
Once the claimant’s condition is at maximum medical improvement, the Maryland statute provides for the award of permanency benefits depending on the level of disability. The level of disability is determined by the percentage...more
In Nichols v. Reliance Standard Life Ins. Co., 924 F.3d 80 (5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit held that when an LTD policy funding an ERISA plan defines "regular occupation" as the way the...more
A federal court in New York recently construed the meaning of a total disability definition where the insurance policy language includes residual disability coverage. The January 3, 2020 decision came from the U.S. District...more
On August 21, 2019, President Trump signed a Presidential Memorandum that streamlines the process by which totally and permanently disabled veterans can discharge their Federal student loans (Federal Family Education Loan...more
Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more
A workers’ compensation arbitration decision was recently filed in what appears to be the first time the Iowa Division of Workers’ Compensation has dealt with how to compensate unscheduled work injuries under the 2017...more