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If at First You Don't Succeed, Appeal and then Appeal Again - Unless You Are Out of Time

In a recent decision, New Jersey Transit’s Motion to Dismiss was affirmed by the Appellate Court on February 2, 2022. The petitioner had appealed from the October 7, 2020 Order of the Workers' Compensation Court granting the...more

New Jersey Supreme Court Finds Compensability in Parking Lot Case Dismissing the Employer’s Liability in the Third Party Action

On January 18, 2022, the New Jersey Supreme Court rectified a decision of the Appellate Division and found the injuries sustained in a parking lot owned and controlled by the employer were indeed compensable. In Diane Lapsley...more

Pennsylvania and New Jersey Release 2022 Average Weekly Wage Rates

New Jersey and Pennsylvania have released 2022 workers' compensation temporary total disability benefit rates based on the statewide average weekly wage....more

Injuries Sustained While Exercising on the Employer’s Premises Before Work Found Not Compensable

On December 8, 2021, in an unpublished decision, the Appellate Division of the Superior Court affirmed the decision of the Workers’ Compensation Judge (WCJ) finding that the petitioner’s injuries sustained during...more

Workers’ Comp Award Affirmed by Appellate Division in Unusual Appeal and Trial with Pro Se Petitioner

In an unpublished decision by the Superior Court on September 30, 2021, the Appellate Division affirmed an Order from the Workers’ Compensation Judge (WCJ) finding a 25% permanent partial disability following a work-related...more

Premise Rule for New Jersey Workers’ Compensation: Employer Intent and Control

In the recent unpublished opinion of Walker v. Saker Shop-Rite, the Appellate Division addressed the premises rule in connection with a parking lot case. In Walker, the injured employee worked for Saker for 31 years, with 25...more

Slippery When Wet: Parking Lot and Sidewalk Workers' Compensation To Pay or Not to Pay [Audio]

Attorneys Vanessa Mendelewski and Jeffrey D. Newby review the statute and case law regarding the Workers’ Compensation Act in New Jersey and injuries occurring on sidewalks and parking lots while employees are coming to work...more

Judge Affirms Denial of Claim Petition and Dismisses Allegation of Ineffective Assistance of Counsel

In an unreported decision from the Appellate Division (Melendez v. Burger King, decided on June 23, 2021), the court affirmed the decision of the Judge dismissing the petitioner’s Claim Petition finding that she lacked...more

Benefits Denied in Connection with Injuries Sustained Attending a Social Event

In Regalado v. F & B Garage Door, the Appellate Division in an unpublished decision (06.08.21) affirmed the decision of a Workers’ Compensation Judge finding that the petitioner’s injuries fell into the recreational or social...more

Will an Out of State Contract Bind the Parties in New Jersey to the Laws of Another State?

In Bruno L. Moraes v. Supreme Auto Transport, No. A-0702-20 (App. Div. June 4, 2021) the Appellate Division held in an unpublished decision that the Claim Petition was inappropriately granted without further consideration of...more

Biden Administration Blocks Trump-Era Rule Allowing Gig Workers to be Classified as Independent Contractors

On Wednesday, May 5th the Biden Administration blocked the Trump-Era Rule that would have made it easier to classify gig workers who work for companies like Uber, Lyft, and DoorDash as independent contractors instead of...more

Injury Suffered During Off Premises Meeting Denied as Not in Course and Scope of Employment

In Pilone v. County of Middlesex, A-1676-19 (App. Div. March 15, 2021), the Appellate Division was faced with the issue of whether injuries sustained by an assistant prosecutor while walking to a donut shop one block away...more

Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation [Audio]

How will legislation from 2020 impact New Jersey workers' compensation claims in 2021 and beyond? Workers' Compensation Partners Jeffery D. Newby and Cheryl A. Binosa provide a recap and update on significant legislative...more

NJ Workers’ Compensation: Senate Bill 2476

On March 1, 2021, both houses of the New Jersey state legislature voted to approve Senate Bill 2476, which provides supplemental Workers' Compensation dependency benefits for dependents of essential employees who die from the...more

NJ Workers’ Compensation: Senate Bill 3375

The recent introduction of Senate Bill 3375 by Senator Troy Singleton, District 7 (Burlington County) has alarmed many in the workers compensation insurance industry as a death knell to the respondent’s right to direct...more

Potential Major Impact on Workers’ Compensation as Senate Passes Bill to Expand Parking Lot Coverage

On January 11, 2021, the New Jersey Senate passed a bill to expand workers’ compensation benefits involving parking lot cases. This bill, not yet passed into law, could have a major impact on future workers' compensation...more

Workers’ Compensation Academy: New Jersey, an Update on COVID-19 and its Impact on Workers’ Compensation  [Audio]

Weber Gallagher Workers’ Compensation Partners Jeffrey D. Newby, Jennifer G. Laver and Penelope Caamaño discuss how New Jersey workers' compensation has been impacted by COVID-19 and what future claims may look like....more

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