The Plaintiff’s Claim

It is alleged that the plaintiff worked at the defendant hospital. She suffered an injury while working, after which she filed a workers’ compensation claim. She was represented by one attorney at a law firm at the beginning of the proceedings, but then he left the firm, and her case was transferred to another attorney within the firm who handled the matter throughout the remainder of her workers’ compensation proceedings. The parties ultimately entered into a settlement agreement that resulted in an award of attorneys’ fees that were divided 60% and 40% between the attorney and the firm, respectively. The firm then appealed.

Awarding Attorneys’ Fees in Workers’ Compensation Matters

On appeal, the court reversed the trial court’s award of fees. The court noted that the workers’ compensation division has the exclusive original jurisdiction over all matters arising out of claims for workers’ compensation benefits. Further, the law provides that it is within the discretion of a judge of compensation to award the prevailing party reasonable attorneys’ fees, as long as they don’t exceed 20% of the judgment.

Whether the fees sought are reasonable depends on the facts and circumstances of the individual case. The court explained that when fees are requested, the petitioner must provide support that such fees are warranted by way of an affidavit of the services provided. The affidavit must show the extent of the attorney’s efforts, including the time each task took, the expertise and skill needed for each task, and any other relevant factor.

In the subject case, the court noted that the lower court made its decision regarding fees without any documentation regarding the hours worked or services performed. A such, the court found that the lower court could not properly determine the amount of time the attorney and law firm spent on the case. Therefore, the court reversed the ruling and remanded for further proceedings.

Speak to an Experienced New Jersey Workers’ Compensation Attorney

If you were injured at work, you could be owed workers’ compensation benefits from your employer, and you should speak to an attorney as soon as possible about your rights. The experienced New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall are skilled at aiding people to attain compensation for an injury at work, and if we represent you, we will fight to help you seek any benefits you could be owed. We can be reached through our form online or at 800-999-0897 to set up a conference.

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The Plaintiff’s Claims

It is alleged that the plaintiff worked at a manufacturing warehouse for the defendant. He was provided with protective eyewear and gloves but no equipment to protect his hearing. In July 2015, the defendant presented to the emergency room with complaints of dizziness. He was prescribed medication and directed to follow up with an ENT doctor. He was then evaluated in October and November 2015 by ENT doctors.

It is reported that the first doctor found the plaintiff’s hearing to be normal and did not diagnose any abnormalities, while the second diagnosed him with tinnitus and hearing loss. The plaintiff then filed a claim for workers’ compensation benefits, alleging his hearing issues were work-related. Following a hearing, his claim was denied, after which he appealed.

Reviewing a Denial of a Workers’ Compensation Claim

On appeal, the court noted that the judge of compensation found that the plaintiff lacked credibility and offered inconsistent testimony. Further, the judge of compensation was troubled by the plaintiff’s expert’s narrative report, which stated that the plaintiff’s issues were caused by noise exposure at work, but offered no data, study, or evidence to support the opinion.

The appellate court explained that its role on appeal was limited to determining whether the judge of compensation’s findings were reasonable based on the evidence of record that is sufficient and credible, in consideration of the proofs as a whole. Appellate courts are also mindful of the fact that judges of compensation are afforded the opportunity to assess the credibility of the witnesses and thus grants their findings substantial deference.

In other words, the appellate court cannot substitute its own findings of fact for those of the judge of compensation and will only disturb the judge’s decision if it is wholly unsupported by the competent, credible, and relevant evidence. In the subject case, the court found no grounds to overturn the judge of compensations’ findings. Thus, the denial of the plaintiff’s claims was affirmed.

Confer with a Skillful New Jersey Workers’ Compensation Attorney

If you suffered harm due to workplace conditions, you may be able to recover workers’ compensation benefits, and if your claim was denied, you might have grounds for an appeal. The skillful New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall are proficient at helping people throughout the process of appealing a denied claim workers’ compensation claim, and if you hire us, we will work tirelessly on your behalf.  You can contact us via our online form or at 800-999-0897 to schedule a meeting.

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Facts of the Case

It is alleged that the plaintiff, who was working on a marine construction project for the defendant, suffered hearing loss due to his work conditions. He then filed a claim for benefits under the Act, which was dismissed by an administrative law judge on the basis that his injury did not occur in navigable waters. The plaintiff appealed the decision, and on appeal, the court reversed and remanded for a determination of benefits.

Eligibility for Benefits Under the Act

On appeal, the plaintiff argued that the administrative law judge misinterpreted the definition of navigable waters, and therefore, the ruling was unjust. The court stated that the concept of navigability is vast. Because the Act was a federal maritime law, the court noted it must apply the definition that is used for determining admiralty jurisdiction under Article III.

The court explained that, like the administrative law judge, it would use the standard of navigable-in-fact waters. Thus, a body of water would be deemed navigable if it is one that forms a continuous path capable of sustaining foreign or interstate commerce, either by itself or in conjunction with other bodies of water. The court found, however, that the administrative law judge incorrectly ruled that only a waterway capable of sustaining commercial ships should be deemed navigable. On the contrary, the court found that a body of water capable of sustaining any commerce should be considered navigable under the applicable standard.

Additionally, the court explained that showing present commercial use was only one way to demonstrate navigability, but that it was not the only way. As to the subject body of water, the court stated there was ample evidence that it had previously been traveled by commercial ships, and therefore, it was navigable-in-fact. Thus, the court reversed the administrative law judge’s ruling and remanded the case for the determination of benefits.

Speak to an Experienced New Jersey Workers’ Compensation Attorney

If you were injured while working, you might be able to recover workers’ compensation benefits from your employer. If you filed a claim and your workers’ compensation claim was denied, you may be able to appeal. The New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall have ample experience helping people in a variety of professions seek benefits for work injuries, and if we represent you, we will help you seek a just result.  You can reach us through our online form or at 800-999-0897 to set up a conference.

The post Denial of New Jersey Employee’s Workers’ Compensation Claim Reversed by Court appeared first on New Jersey Workers Compensation Law Blog.

The Plaintiff’s Harm

It is alleged that the plaintiff worked as a police officer for the defendant township from 1979 through 2004. In 2007, he filed a workers’ compensation claim, seeking benefits for orthopedic and psychiatric occupational injuries. Following a trial, both claims were dismissed. He appealed, and the decision was affirmed with regard to the psychiatric injury claims, but the court found that there was insufficient information to affirm the ruling as to his orthopedic injury claims, and the case was remanded for the judge to make specific findings. Following the remand, his orthopedic claim was dismissed as well, after which he appealed.

Notice Requirements in Workers’ Compensation Cases

On appeal, the plaintiff argued that he did not realize until 2007 that his orthopedic complaints were work-related. The court explained that the New Jersey Workers’ Compensation Act (the Act) requires an injured employee provide an employer with notice of the injury within ninety days of an injury. Further, the Act states that a claim petition must be filed within two years from the date the accident occurred. The statute of limitations does not begin to run, though, until an employee is, or reasonably should be, aware of the work-related nature of an injury.

In the subject case, the court found that the judge’s conclusion that the plaintiff failed to show a nexus between his injury and occupational conditions was in accordance with the law. Specifically, the judge stated that if the plaintiff’s injury was work-related, the signs and symptoms would have appeared within the two year period in which he was permitted to file a claim. The court declined to apply the discovery rule in this matter, finding that a worker must take action when he or she knows an injury is sustained, and the circumstances in which a late filing would be permitted are limited. Thus, the court affirmed the denial of the plaintiff’s claims.

Confer with a Trusted New Jersey Workers’ Compensation Attorney

If you were hurt at work, you might be owed benefits, but if you delay in reporting your injuries, you may face a situation where your workers’ compensation claim has been denied. Daniel Santarsiero, a trusted New Jersey workmans’ compensation lawyer, possesses the skills and resources needed to achieve winning outcomes in workers’ compensation cases, and will fight tirelessly on your behalf. You can contact him via our form online or at 800-999-0897 to schedule an appointment.

The post New Jersey Court Rejects Workers’ Compensation Claim as Untimely appeared first on New Jersey Workers Compensation Law Blog.

The Plaintiff’s Claims

It is reported that the plaintiff worked as a production manager at a facility owned by the defendant, a company that made and sold vegan products. In October 2018, while using a machine designed to mold cookies, the plaintiff severely injured his hand. As such, he filed a claim for workers’ compensation benefits. Less than two weeks after his injury, he was terminated. He then filed a lawsuit in a New Jersey federal court alleging, in part, that he was terminated in retaliation for seeking workers’ compensation benefits, in violation of the New Jersey Workers’ Compensation Act.

Allegedly, the defendant moved to dismiss the plaintiff’s claims and enforce a provision of an employment agreement that required the plaintiff to arbitrate certain claims. The court ultimately found that the agreement was enforceable and applied to the subject claims, and dismissed the case.

Enforceability of Arbitration Agreements in New Jersey Workers’ Compensation Cases

As an arbitration agreement is a contract between two parties, a court’s order to arbitrate must be based upon the parties’ consent. In other words, a court can enforce an arbitration agreement, but only in cases in which the development of the agreement between the parties is not in dispute.

Thus, if a plaintiff’s complaint and documents attached thereto do not demonstrate a clear agreement to arbitrate, or where a plaintiff responds to a motion to arbitrate with facts that demonstrate there is a dispute as to whether an issue should be arbitrated, the court must determine whether an issue of fact remains that requires a trial on the matter of arbitrability. In the subject case, the court found that the arbitration agreement in question clearly defined that the plaintiff’s claims must be resolved via arbitration. As such, the court issued an order enforcing the agreement and dismissing the plaintiff’s claims.

Speak to a Dedicated New Jersey Workers’ Compensation Attorney

People hurt at work often can recover workers’ compensation benefits, but only if they can prove the existence of an employment relationship. If you were terminated after being hurt at work, you might be able to pursue claims against your employer alleging violations of New Jersey’s Workers’ Compensation Act and it is advisable to meet with a lawyer as soon as possible. The dedicated New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall are proficient at helping people who were unlawfully fired after suffering workplace injuries in the pursuit of damages, and we can help you seek a just result. You can reach us via our online form or by calling us at 800-999-0897 to set up a conference.

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The Plaintiff’s Injury and Allegations

It is reported that the plaintiff filed a lawsuit against the defendant employer, asserting negligence claims. The case was transferred to a New Jersey district court. Following discovery, the defendant filed a motion for summary judgment. In support of its motion, the defendant argued that it was statutorily immune from liability due to the fact that it employed the plaintiff and the exclusivity provision of the LHWCA barred employees from pursuing tort claims against their employers. The plaintiff opposed the motion, arguing that the issue of whether he was an employee should be decided by the jury. Ultimately, the court found the evidence supported the defendant’s arguments and granted its motion, dismissing the plaintiff’s claims.

Employment Relationships Under the LHWCA

The LHWCA establishes a workers’ compensation program that provides longshoremen with a variety of benefits. Like other workers’ compensation laws, the rights provided under the LHWCA extinguish an employee’s common law right to pursue tort claims against an employer, limiting an employer’s liability to the payment of no-fault payments.

Employees eligible for benefits include any individuals engaged in maritime work, including repairmen. Although in some cases, an employee may pursue negligence claims against his employer, employees engaged in repair work cannot. Based on the foregoing, the court found that the defendant must have been the plaintiff’s employer at the time of the alleged injury to have immunity under the LHWCA.

Whether an employee-employer relationship exists is a mixed question of fact and law. In evaluating factual issues related to a person’s employment status, the main inquiry centers around the degree of control exercised over an individual by the alleged employer. In the subject case, based on the evidence of record, the court found that the defendant employed the plaintiff. Specifically, the court found that the defendant had the ability to hire or fire the plaintiff, was responsible for paying him, and directed and supervised his work. Thus, the plaintiff’s claims were dismissed.

Meet with a Capable New Jersey Workers’ Compensation Attorney

People hurt at work often can recover workers’ compensation benefits, but only if they can prove the existence of an employment relationship. If you suffered a workplace injury, you might be entitled to workers’ compensation benefits and should speak to an attorney. The capable New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall can inform you of your options and assist you in pursuing the best legal outcome available. You can contact us through our form online or call us at 800-999-0897 to set up a meeting.

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The Plaintiff’s Harm

Allegedly, the plaintiff was injured while working for the defendant employer. He submitted a claim for workers’ compensation benefits. The defendant insurer filed an answer in which it denied coverage, stating that the coverage it once provided to the defendant employer was canceled prior to the plaintiff’s accident. The defendant insurer then filed a motion to dismiss. A hearing was held on the matter, after which the workers’ compensation judge denied the defendant’s motion to dismiss. The insurer then appealed, arguing the judge erred in denying the motion.

Proving Coverage for a Workplace Injury

On appeal, the court noted that the trial court stated that the New Jersey statute governing the cancellation of workers’ compensation insurance policies was clear and unambiguous. Specifically, it stated that either an employer or insurer could cancel a policy within the time indicated by the contract, as long as at least ten days written notice was sent by mail from the party seeking cancellation to the other party.

The court went on to state that it was the insurer’s obligation to demonstrate that it complied with the terms of the statute. In the subject case, however, the defendant insurer failed to offer any witness who had personal knowledge of the mailing of the notice or of the receipt of the notice. Additionally, while the court recognized that evidence of a mailing could be proven via office customs, the defendant insurer did not offer that kind of evidence either.

Finally, the court stated the notice in question was insufficient to cancel the policy regardless of when it was mailed or received. The notice simply stated that the defendant insurer’s failure to pay its premium by July 24^th might impact the defendant employer’s insurability. The court explained this was inadequate to effectuate a cancellation per the terms of the statute. The court stated that public policy required that continued coverage should be found unless an insurer strictly complies with all regulatory and statutory requirements. Thus, the court affirmed the trial court ruling.

Speak with a Trusted New Jersey Workers’ Compensation Attorney

Employees who are injured at work are typically owed benefits from their employers.  If you’ve been denied a workers compensation claim in New Jersey, you may be owed workers’ compensation benefits and should talk to an attorney as soon as possible. The trusted New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall can help you determine what benefits you may be owed and will fight to help you seek a just outcome. You can reach us via our online form or at 800-999-0897 to schedule a conference.

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The Employee’s Injury

It is alleged that the plaintiff worked in a warehouse owned by the defendant. While working, the plaintiff suffered an injury in a forklift accident. He then filed a lawsuit against the defendant, alleging that the defendant negligently directed him to ride as a passenger on the forklift, which violated OSHA regulations. The defendant filed a motion to dismiss, arguing that it had a special employer-employee relationship with the plaintiff, and therefore the plaintiff’s exclusive remedy was a workers’ compensation claim. The court agreed, dismissing the plaintiff’s claim, and the plaintiff appealed.

Special Employee-Employer Relationships in the Context of Workers’ Compensation

New Jersey courts conduct a five-part test to determine whether a worker is a special employee of an employer for purposes of the Act. Specifically, the court will examine whether: the employer entered into an express or implied contract of hire with the employee; the work done by the employee constitutes the essential work of the employer; the employer has the right to control the details of the employee’s work; the employer pays the employee’s wages; and, the employer has the right to terminate or hire the employee.

In the subject case, the key disputed issue was whether the employee entered into a contract with the employer regarding his employment. The court disagreed with the plaintiff’s assertion that no contract existed, finding that an implied consensual relationship existed between him and the defendant.

Specifically, he turned down offers to work in other locations from the leasing agency that got him the job at the defendant’s warehouse,  accepted the continued offers to work at the defendant’s warehouse, and reported to the warehouse each day. He also took direction from a supervisor at the warehouse. Thus, the court found that the contractual prong of the test was met. The court noted that each other prong was met as well. As such, the court affirmed the lower court ruling.

Speak with a Trusted New Jersey Workers’ Compensation Attorney

Employees who are injured at work are typically owed benefits from their employers.  If you suffered an injury at work, you may be owed workers’ compensation benefits and should talk to a New Jersey workplace injury lawyer as soon as possible. The trusted workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall could help you determine what benefits you may be owed and fight to help you seek a just outcome. You can reach us via our online form or at 800-999-0897 to schedule a conference.

The post New Jersey Court Explains Workers’ Compensation Employment Relationships appeared first on New Jersey Workers Compensation Law Blog.

Factual Background of the Case

It is alleged that the plaintiff suffered multiple work-related injuries while he was employed by the defendant. The injuries occurred in the summer and fall of 2008 and 2011. The plaintiff received workers’ compensation medical benefits for his injuries through April 2014, when it was determined that he could return to his job without any restrictions. The plaintiff returned to work full duty in May 2014. He was fired in July 2015.

Reportedly, the plaintiff asserted that the cause of his termination was due to him being absent due to work-related injuries. He filed a lawsuit against the defendant, alleging he was fired in violation of the New Jersey Workers’ Compensation Act. The defendant moved to dismiss the plaintiff’s claims, arguing the plaintiff failed to demonstrate a causal link between his firing and his injury.

Wrongful Termination in Violation of the Workers’ Compensation Act

In New Jersey, a court evaluating a retaliatory discharge claim will look to the relevant federal standards for assessing such matters. Federal courts have ruled that in order to demonstrate causation, a plaintiff must either show an unusually suggestive closeness in time between the date of the plaintiff’s injury and the alleged retaliatory act or a pattern of antagonism that, when coupled with timing, demonstrates a causal link.

In the subject case, the court found that the plaintiff failed to set forth any factual allegations that would support his claim. Specifically, he was receiving medical treatment while he was out of work and was terminated several years after he attempted to resume his job activities. Thus, the court found that he did not adequately allege that his termination was in retaliation for filing a workers’ compensation claim. As such, the defendants’ motion to dismiss was granted.

Meet with an Experienced New Jersey Workers’ Compensation Attorney

Employees that are hurt on the job are typically owed workers’ compensation benefits, but in an effort to skirt their obligations, some employers will fire an injured employee. If you were fired after being hurt at work in New Jersey, you may be able to pursue claims against your former employer and should speak to an attorney. The experienced New Jersey workers’ compensation attorneys of The Law Offices of Jonathan F. Marshall can apprise you of your rights and help you to seek any damages you may be able to recover. You can contact us through our online form or at 800-999-0897 to set up a meeting.

The post New Jersey Court Discusses Workers’ Compensation Retaliation Claims appeared first on New Jersey Workers Compensation Law Blog.

The Plaintiff’s Harm

It is reported that the plaintiff entered the locker room where another employee was sitting on a bench. He asked the employee to move his legs so he could pass by, but the employee refused. The plaintiff jumped over the employee’s legs but was unable to clear them entirely. The employee then became angry and threw a cup of soda at the plaintiff, after which the plaintiff left the locker room.

Allegedly, the plaintiff returned to the locker room a few minutes later to wash his hands and again encountered the employee who was holding a pizza box. The employee pushed the box in the plaintiff’s direction, after which the plaintiff swung his arm, accidentally hitting the employee’s hat. The employee then shoved the plaintiff, which caused the plaintiff to fall and injure his shoulder. The plaintiff filed a workers’ compensation claim, but the defendant opposed the claim, arguing that the plaintiff’s injury was not accidental.

Compensable Injuries Under the Workers’ Compensation Act

Under the Workers’ Compensation Act, an employee may be eligible for workers’ compensation benefits if the employee suffers injuries in an accident that occurs in the course and scope of employment. In order for coverage to be triggered, there must be a causal connection between the employment and the accident.

The court explained that an accident will be found to have arisen in the course of employment if it occurs during the hours of employment, in a place where the employee would typically be. The injury must also occur while the employee is either fulfilling the duties of employment or completing a task that is incidental to employment. In the subject case, the court found that the plaintiff’s injury was both accidental and work-related. Specifically, the court found that neither the plaintiff nor the employee were trying to hurt one another but were both reacting to a perceived threat. Thus, the plaintiff’s injury was deemed compensable.

Speak to a Proficient Workers’ Compensation Attorney in New Jersey

Injuries that occur at work will often constitute workplace injuries under the Workers’ Compensation Act, but in some instances, an employer will argue that an injury in the workplace was not accidental. If you were hurt at work, you could be entitled to benefits, and you should meet with an attorney to assess your case. The New Jersey workplace injury attorneys of The Law Offices of Jonathan F. Marshall can assess your injuries and help you to fight for any benefits you may be owed. You can reach us via our form online or at 800-999-0897 to discuss your potential claims.

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