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Rising Counsel Fees: How Increased Costs Affect Petitioners and Respondents

On August 22, 2024, the acting Governor signed a bill increasing attorney fees on workers’ compensation cases. Since 1927, the fee for an attorney on a workers’ compensation case was up to 20%. This has now changed with the...more

Appellate Court Stands Firm: Upholding Lower Court Decision on Causation and Credibility

In keeping with past trends, the New Jersey Appellate Court has again refused to overturn a lower court decision that was based on the assessment of a witness’s credibility and competent evidence. In Smith v H&M...more

Detecting Fraud in New Jersey Workers' Compensation [Audio]

Join us for this episode where our partners Vanessa Mendelewski and Scott Wilson delve into an informative discussion about detecting fraud in New Jersey Workers' Compensation claims. Vanessa and Scott break down the New...more

The Risk Roundtable: Demystifying the Intersection Between NJ Workers' Comp & Employment Practice Liability [Audio]

Join this podcast episode to delve into the cross between New Jersey workers' compensation and employment practice liability coverage. Partners Vanessa Mendelewski and Denise DePekary look at the exceptions to the exclusive...more

The Risk Roundtable: Pre-Existing Conditions and Abdullah Credits in New Jersey Workers' Compensation [Audio]

An Abdullah Credit is a credit for a pre-existing function loss to the same part of the body for which an award is being paid. In this episode, Weber Gallagher partners Jennifer Laver and Vanessa Mendelewski discuss Abdullah...more

[Webinar] New Jersey Workers’ Compensation: Independent Contractor Status in New Jersey Workers' Compensation: Where are We...

In New Jersey, multiple tests have been applied in workers' compensation cases to determine whether a claimant is eligible for compensation as an employee or ineligible as an independent contractor including: - The...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In the recent unpublished opinion of Walker v. Saker Shop-Rite, the Appellate Division addressed the premises rule in connection with a parking lot case.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

Long Detour to Restaurant for Lunch Post Business Meeting Found Not Compensable

In a recent unpublished Appellate Court Decision, Mackoff v. New Brunswick Saw Service, the court examined a deviation by a petitioner to obtain lunch after a client meeting. The petitioner was employed by New Brunswick Saw...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

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

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: The Smoking Gun: Importance of Investigation in Insurance & Workers’ Compensation [Audio]

Investigation can be a crucial part of any workers’ compensation case. Weber Gallagher associates, Vanessa Mendelewski and Scott Wilson explain why wage and rate, medical records, personnel files, and an ISO search are...more

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