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Industry Insights

 

Gelman: Recusal and Essential Employee Rights 11/27/2024
By: Jon L. Gelman
State: NJ | Segment: NORTH | 0
The recent New Jersey Appellate Division decision in Amato v. Township of Ocean School District offers crucial insights into two important legal principles: judicial recusal and ...Read More
 
 

Geaney: Legislation Increases Counsel Fees to 25% 08/23/2024
By: John H. Geaney
State: NJ | Segment: NORTH | 0
On Thursday, acting Gov. Nicholas Scutari signed legislation increasing counsel fees for petitioners’ attorneys, from 20% to 25%.  ...Read More
 
 

Gelman: Key Lessons and Future Steps for COVID-19 Response 08/02/2024
By: Jon L. Gelman
State: NJ | Segment: NORTH | 0
The "Independent Review of New Jersey’s Response to the COVID-19 Pandemic," conducted by Montgomery McCracken Walker & Rhoads LLP, is a comprehensive review that evaluates New Jersey’s preparedness, response and lessons learned during the pandemic. It also...Read More
 
 

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
 
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