Occupational claim denied where doctor testifies that complaints are not uncommon for similarly aged persons

James P. Paoli, Esq. DeJesus v. UPS (2015 N.J. Super. Unpub. LEXIS 1790) Decided July 27, 2015   Pursuant to the Appellate Division’s findings,  the Petitioner’s occupational claim was dismissed and a portion of his specific accident claim was dismissed. The Petitioner filed a claim petition against his employer alleging injury to his cervical spine as … Continue reading “Occupational claim denied where doctor testifies that complaints are not uncommon for similarly aged persons”

Home Modificiations: It is the Unusual Case that Warrants Extraordinary Relief

By James P. Paoli, Esq. On December 5, 2014, the Appellate Division addressed whether an employer must provide home modifications for an employee in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div.). The employee was involved in a work-related accident in November 2009, which resulted in partial paralysis and confinement to a wheelchair. … Continue reading “Home Modificiations: It is the Unusual Case that Warrants Extraordinary Relief”

General Internist’s Vague Recommendations Result in Denial of Motion for Medical and/or Temporary Disability Benefits

In Amedeo v. UPS, the Appellate Division focuses on the Petitioner’s reliance upon a report authored by a general internist in denying the Motion for Medical and/or Temporary Disability Benefits. By way of background, the Petitioner had a work-related injury which ultimately settled in 2012 for injuries to his right hip and lower back. Four … Continue reading “General Internist’s Vague Recommendations Result in Denial of Motion for Medical and/or Temporary Disability Benefits”

Home Modifications- It Is The Unusual Case That Warrants Extraordinary Relief

Date: 01/01/2015 Publication: Website CooperLevenson Publication: Website Summary: On December 5, 2014, the Appellate Division addressed whether an employer must provide home modifications for an employee in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div.). The employee was involved in a work-related accident in November 2009, which resulted in partial paralysis and confinement … Continue reading “Home Modifications- It Is The Unusual Case That Warrants Extraordinary Relief”

Workers Compensation and Permanent Partial Total Award

If a workers compensation petitioner suffered injuries during the course of his employment he would, upon presentation of appropriate proofs, be entitled to a permanent partial total award. Then, if petitioner’s condition continued to deteriorate, he would have a right to file an Application for Modification and, in some cases, benefit from a totality award. … Continue reading “Workers Compensation and Permanent Partial Total Award”

Case Law Update: Patrick Switzer v. Connectron Inc.

This case involves a reversal by the Superior Court on respondent’s Motion to Dismiss. Petitioner filed an occupational claim against Connectron where he had been employed as a punch press operator from l987 until 5/93. Petitioner alleged that position required repeated trauma to both hands and wrists which caused carpal tunnel syndrome. He first “learned” … Continue reading “Case Law Update: Patrick Switzer v. Connectron Inc.”

Case Law Update: Danuta Rosinski v. General Motors

Respondent appeals from a final determination by the Workers Compensation court who found petitioner was entitled to death benefits because her husband died while on special mission. The central issue raised on appeal is whether the decedent was engaged in the direct performance of his duties when he suffered a heart attack while waiting outside … Continue reading “Case Law Update: Danuta Rosinski v. General Motors”