The Chartwell Chronicles: Permanent Disability
An Overview of New Jersey Workers' Compensation
West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more
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
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
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
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
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
On September 18, 2017, in United States v. Caltabiano, No. 16-1275-cr, the Second Circuit (Walker, Lynch, and Lohier, Js.) clarified the jurisdictional scope of a Notice of Appeal. The Court confirmed its authority to...more
Employee disabilities are becoming a common issue that employers must address. Short- and long-term disability plans employers often make available to employees, the Americans with Disabilities Act (ADA), and the varying...more