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Industry Insights

 

Gelman: Medical Evidence Falls Short 07/29/2024
By: Jon L. Gelman
State: NJ | Segment: NORTH | 0
A workers’ compensation medical report was insufficient to establish a direct causal link between an accident and an alleged concussion and subsequent stroke, precluded from admission by a federal court in a personal injury case. ...Read More
 
 

Gelman: Trench Injury Not an Intentional Wrong 07/08/2024
By: Jon L. Gelman
State: NJ | Segment: NORTH | 0
A federal court held that injuries sustained while cleaning a trench conveyor trim removal system at a paper manufacturing facility did not meet the threshold test for an intentional tort. ...Read More
 
 

Geaney: Petitioner Can't Prove Work-Related Need for Breast Reconstruction Surgery 06/28/2024
By: John H. Geaney
State: NJ | Segment: NORTH | 0
A misunderstanding of a key fact can doom an expert opinion.  ...Read More
 
 

Geaney: Court Dismisses Claim of Petitioner Shot During Course of Employment 05/31/2024
By: John H. Geaney
State: NJ | Segment: NORTH | 0
There are very few cases in the New Jersey Division of Workers’ Compensation involving injuries to employees who are shot at work. Avery v. Next Mile, LLC/DSP (May 23, 2024) presents several interesting issues. ...Read More
 
 

Geaney: Paying Twice 05/24/2024
By: John H. Geaney
State: NJ | Segment: NORTH | 0
Imagine a conversation in a restaurant between a customer who orders a three-course meal and the waiter, who brings the customer a bill after the first course.  ...Read More
 
 

Garcia: 'It's a Long Way to Tipperary' for the March of Workers' Compensation 05/14/2024
State: CA | Segment: WEST | 0
In the intricate realm of workers’ compensation law, where fairness and due process are paramount, a recent case before the California Workers' Compensation Appeals Board has illuminated crucial principles regarding the consideration of evidence, particularly vocational evidence, in det...Read More
 
 

Geaney: The Little Known 'Authorized Vehicle Rule' in Workers' Compensation 05/07/2024
By: John H. Geaney
State: NJ | Segment: NORTH | 0
I had the pleasure of speaking on Law Day in Plainfield Workers’ Compensation Court on May 1 and wanted to share with readers part of the discussion in our session, namely that of the New Jersey authorized vehicle rule contained in NJSA 34:15-36.  ...Read More
 
 

Gelman: The EPA Final Rule on Methylene Chloride 05/03/2024
By: Jon L. Gelman
State: NA | Segment: NORTH | 0
The Environmental Protection Agency finalized a rule last month significantly restricting the use of methylene chloride due to its health risks. This analysis examines the rule's impact on workers and potential workers' compensation claims. ...Read More
 
 

Geaney: A Brief History of Our State's Workers' Compensation Act 04/04/2024
By: John H. Geaney
State: NJ | Segment: NORTH | 0
For those who do not like workers’ compensation, blame Otto von Bismarck.  ...Read More
 
 

Gelman: Exposed to 'Forever Chemicals' 04/02/2024
By: Jon L. Gelman
State: NJ | Segment: NORTH | 0
Per- and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. ...Read More
 
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