Workers' Compensation

Judicial Information

Scales of justice with back-light on wood table

The Judicial Information System (JIS) is available only to Division of Workers' Compensation staff. Information is continuously updated, so please check this site frequently.

1/27/22, Appellate (unpublished): Kearton v. E.W. Millwork, LLC.

WC Insurance Coverage of LLC

11/23/21, Appellate (unpublished): Morales v. Advance Auto Parts

How mucher – Weight and sufficiency of evidence
Allocation of multiple injuries from multiple accidents
Translators

11/23/21, Appellate (unpublished): Mackoff v. New Brunswick Saw Service

Compensability – Course and Scope of Employment

11/23/21, Appellate (unpublished): Melendez v. Burger King

MTNMT
Credibility

11/23/21, Appellate (unpublished): Regalado v. F&B Garage Door

Recreational or social activity exception - N.J.S.A. 34:15-7
Credibility

11/23/21, Appellate (unpublished): Moraes v. Supreme Auto Transport

Choice of law

11/23/21, Appellate (unpublished): Donzella v. SG Performance Plastics Corp.

Weight and sufficiency of evidence

7/12/21, Appellate (unpublished): Soto v. Exclusive Coachworks, Inc.

MTNMT
Treating doctor testimony vs. Forensic Expert Witness

7/12/21, Appellate (unpublished): Pilone v. County of Middlesex

Premises rule

7/12/21, Appellate (unpublished): Panckeri v. Allentown Police Department

Section 40 Lien
Attorney fee

7/12/21, Appellate (unpublished): Donzella v. SG Performance Plastics Corp.

Weight and sufficiency of evidence

7/12/21, Appellate (unpublished): Bender v. Township of North Bergen

7/12/21, Appellate (unpublished): Calero v. Target Corporation

Motion to reconsider on Order of Settlement
Reconstruction of wages
“[A] judge of compensation has inherent authority to open judgments or orders in the interest of justice and that decision will not be disturbed absent an abuse of discretion.”

7/12/21, Appellate (unpublished): Bhut v. Aluminum Shapes

MTNMT
Physical Assault

7/12/21, Appellate (unpublished): Jeannette v. General Mills Progresso

Minor Dependency Claim
Statute of Limitations not tolled for minor due to his infancy

7/12/21, Appellate (unpublished): Sondhi v. Tropicana Hotel and Casino

How mucher

2/10/21, Supreme Court: Goulding v. NJ Friendship House, Inc.

Arising Out of and In the Course of Employment

1/29/21, Appellate (published): Lapsley v. Township of Sparta and Sparta Public Library

Going and Coming Rule

10/8/20, Appellate (unpublished): ANESTHESIA ASSOCIATES OF MORRISTOWN, PA V. WEINSTEIN SUPPLY CORPORATION AND SURGICARE OF JERSEY CITY V. WALDBAUMS

Medical providers sought benefits under NJ Workers Compensation Act to recover payment for their services from their patients' employers, where the patients lived and worked outside of New Jersey, were injured outside of New Jersey, and filed workers' compensation claims in their home states that resulted in payments being made to their New Jersey providers. The Appellate Division opined that the NJ medical provider cannot maintain an action under the WCA under these circumstances.

6/16/20, Appellate (unpublished): UNGER V. MOONEY CONSTRUCTION

Weight and Sufficiency of evidence
Credibility
Video Surveillance

6/16/20, Appellate (unpublished): LIRANZO VS. MORALES AUTO REPAIR & JUNIOR MORALES INDIVIDUALLY

UEF
Employment
Deficiencies in WC Judicial Opinion

6/16/20, Appellate (unpublished): PSIUK VS. JEN ELECTRIC

Section 40 Lien
Public Entity

6/16/20, Appellate: HAGER V. M&K CONSTRUCTION

6/16/20, Appellate (unpublished): HAHN V. UPS FREIGHT

Statute of Limitations – Reopener

6/16/20, Appellate (unpublished): AVENDANO V. TARGET STORES

Odd-lot Doctrine

6/11/20, Appellate (unpublished): GOULDING V. NJ FRIENDSHIP HOUSE, INC.

Denial of Claim Petition
Petitioner engaged in a social activity that was not a regular incident of employment nor did it produce a benefit to the employer

6/11/20, Appellate (unpublished): COLLAS V. RARITAN RIVER GARAGE, INC.

Attorney Fees – Dependency Claims

6/11/20, Appellate (unpublished): HAGGAG V. EASTERN CONCRETE

MTNMT
Reverse on Temp Issue
WC Judge relied on documents and medical records not in evidence

12/19/19, Appellate (published): Martin, III v. Newark Public Schools

MTNMT
Denial of opioid medication because petitioner failed to prove continued opioid treatment would reduce pain or permit petitioner to function better

11/4/19, Appellate (unpublished): Riley v. Thomas Company, Inc.

MTNMT Causation
Order of proofs
Consent Orders - Necessity of adequate proceedings on the record

8/21/19, Appellate (unpublished): Lawson v. NJ Sports & Exposition Authority

Katsoris case
Denial of reconstruction of wages

8/21/19, Appellate (unpublished): Camarena v. Sprint PCS

Dismissal of Reopener
Weight and Sufficiency of evidence

8/21/19, Appellate (unpublished): Haggerty v. Crothall Service Group

Reversible error by WC Judge – Procedures lacked fundamental fairness
Testimony of Dr. taken on the phone in chambers without oath or recording of testimony or cross-examination

8/21/19, Appellate (unpublished): Proscia, II v. Advanced Biotech

Temporary disability benefits
Causal relationship

8/21/19. Appellate (unpublished): Verasawmi v. Vino's Kitchen Renovation, LLC

Injury failed to arise out of Course of Employment

8/21/19, Appellate (unpublished): Sansone v. Village Supermarket

Section 40 Lien

4/10/19, Appellate (unpublished): Ramella v. Borough of Seaside Heights

Reversal of WC Judge’s order imposing a penalty, attorney’s fees and costs for the late payment of benefits after settlement of a claim

4/10/19, Appellate (unpublished): Quiles v. County of Warren

Idiopathic injury
Weight and Sufficiency of Evidence

4/10/19, Appellate (unpublished): Kamenetti v. Sangillo & Sons, LLC

Arising out of and in the course of employment
Off-premises accidents
Personal errand or activity

4/10/19, Appellate (unpublished): Robinson v. First Energy Corporation

Failure to file timely appeal
Unjust enrichment

4/10/19, Appellate (unpublished): Lebednikas v. Zalle Supermarkets, Inc.

Expert Testimony

4/10/19, Appellate (unpublished): Campos v. Cruz and City of Passaic

Dismissal of Superior Court Case
Plaintiff’s car accident occurred in the course of his employment when he was injured by a fellow employee of the City
Receipt of a lump sum settlement under N.J.S.A. 34:15-20 constitutes an implied acknowledgement that the claimant’s disability was work-related and compensable under the Workers’ Compensation Act

4/10/19, Appellate (unpublished): Lomet v. Lawes Coal Company

Occupational exposure to asbestos & other chemicals
Causation

4/10/19, Appellate (unpublished): Malone v. Pennsauken Board of Education

Lack of Objective Medical Evidence

4/10/19, Appellate (unpublished): Palotta v. United Airlines

Attorney Fees
Judge must state their reasons for awarding an attorney fee on the record

6/20/18, Appellate (unpublished): Hopkins v. Capone Transportation, LLC

Employment vs. Independent Contractor
Control Test & Relative Nature of the Work Test
Weight and Sufficiency of Evidence

6/20/18, Appellate (unpublished): Kordek v. Innovative Manufacturing

How mucher
Credibility
Weight and sufficiency of evidence

6/19/18, Supreme Court of Maine 2018: Gaetan H. Bourgoin v. Twin Rivers Paper Company, 2018 ME 77 (2018)

Medical Marijuana
Federal Preemption

3/26/18, Appellate (unpublished): Moran v. Cosmetic Essence, LLC

Bifurcation of Trial – Compensability Only
Compensability of injury - Weight and Sufficiency of evidence
Judicial findings beyond issue of compensability
Judges conducting their own factual investigation

3/26/18, Appellate (unpublished): Batts v. Flag House

MTNMT
Psychiatric Disability
Weight and Sufficiency of Evidence
Res Judicata

3/26/18, Appellate (unpublished): Munch v. Atlantic Health System

Sua sponte awarding of Temp Benefits without MNTMT being filed
Due process
Standard for awarding Temp Benefits

3/26/18, Appellate (unpublished): McLaughlin v. Township of Union

MTNMT
Weight and Sufficiency of Evidence if accident occurred at work

3/26/18, Appellate (published): Kocanowski v. Township of Bridgewater

Denial of Temp. Benefits
Unemployment / Volunteer Firefighter
Cunningham Issue

3/26/18, Appellate (unpublished): Apperman v. Visiting Nurse Association of Westfield

Dependency Benefits – 450 weeks Max for incapacitated child not lifetime benefits

3/26/18, Appellate (unpublished): D'Angelo v. Archdiocese of Newark/Christ The King Preparatory School

Total Disability
Exclusion of Evidence - Prior Accidents
Experts - Net opinion
Counsel fees – Frivolous Motions

3/26/18, Appellate (unpublished): Van Artsdalen v. Fred M. Schiavone Construction

"How Mucher"
Lack of evidence to support inferences and conclusions made by Court in assessing percentage of disability

9/29/17, Appellate (unpublished): Linzmayer v. Keyport Board of Education

MTNMT
Weight and sufficiency of evidence
Hearsay of a party opponent. N.J.R.E. 803(b)(1)

9/29/17, Appellate (unpublished): Calix v. A2Z Universal Landscaping and Utica National Insurance Group

Med and Temp
Employment

9/29/17, Appellate (unpublished): Bender v. Township of North Bergen

Statute of Limitations – Occupational Claim
Articulation of Judicial Findings

9/29/17, Appellate (unpublished): Detres v. Workforce Logisitics Corp.

Dual Employment
Insurance Coverage
Choice of Law

8/23/17, Appellate (unpublished): University Physicians Associates v. Transport Drivers, Inc.

Medical Provider Claims - determination of the usual, customary, and reasonable charges for medical services (Trauma Hospital)
Standard of Proof
Because the WC judge based her determination upon the usual fees and charges that prevail in New Jersey for similar physicians' and surgeons' services, the Appellate Division affirmed determination that payments made by Respondent’s Insurance Company at the seventy-fifth percentile was the industry standard in New Jersey for such services.
Ingenix, FAIR Health or Wasserman are evidence of the reasonableness of fees for the provider's geographic region or zip code. The use of national databases of fees is not limited to the above examples. When using a database as evidence of the reasonableness of a fee, the insurer shall identify the database used, the edition date, the geozip and the percentile.
Use of paid fees rather than billed fees as representing a more accurate measure of "reasonable and prevailing fees." Coalition for Quality Health Care v. New Jersey Department of Banking and Insurance, 358 N.J. Super. 123, 128 (App. Div. 2003).

8/23/17, Appellate (unpublished): Gould v. Corizon Health of NJ

Compensability
Parking Lot Case akin to Livingstone v. Abraham & Straus, Inc., 111 N.J. 89 (1988).

8/23/17, Appellate (unpublished): Harris v. Lourdes Medical Center of Burlington

Sufficiency of Evidence
Expert Witnesses

8/23/17, Appellate (unpublished): Grawehr v. Township of East Hanover

Compensable Injury – Petitioner injured at his place of employment on his day off
Arising out of the Course of Employment
Benefit to employer

8/23/17, Appellate (unpublished): Roy v. Marsden & Sons Electric

Re-opener
How mucher – weight and sufficiency of evidence

8/23/17, Appellate (unpublished): Savio v. Matthew V. GIambri, Sr.

Employer – Employee Relationship

8/23/17, Appellate (unpublished): Hendrickson v. United Parcel Service - Edison

MTNMT
Statute of Limitations – Reopener
Sufficiency of Evidence

8/23/17, Appellate (unpublished): Longstreet v. County of Mercer

Inferences made by Court from evidence
Negative inferences

8/23/17, Appellate (unpublished): Fonesca v. Intertek

Arising out of or in the course of Employment

8/23/17, Appellate (unpublished): Pereira v. Oasis Foods

MTNMT
Derivate Injury

7/31/17, Appellate (published): Rodriguez v. Wal-Mart Stores

Symptom magnification
Credibility

7/31/17, Appellate (unpublished): Liu v. 4D Security Solutions, Inc.

Special Mission Doctrine

7/31/17, Appellate (unpublished): Benimadho v. Somerville Borough Fire Department

Course and Scope of Employment

7/31/17, Appellate (unpublished): Williams v. Raymours Furniture Co., Inc.

Jurisdiction

7/31/17, Appellate (unpublished): Holowchuk v. O'Sullivan Menu Publishing

Re-opener
Perez v. Pantasote issues - Objective medical evidence of increased disability
(Matter was tried after Judge rejected Section 20 settlement)

4/6/17, Appellate (unpublished): Griffin v. Hackensack University Medical Center

Total Disability Post Judgment Motion - Treatment
Credibility

4/6/17, Appellate (unpublished): Pschunder-Haaf v. Synergy Home care of South Jersey

Sanctions - NJSA 34:15-28.2
Expert Fees

3/16/17, Appellate (unpublished): Sondhi v. Tropicana Hotel and Casino

How mucher

11/30/16, Appellate (unpublished): Vernacchia v. Warren Hospital

Causation

11/30/16, Appellate (unpublished): Mendoza v. DiPiazza and D&P Real Estate, LLC

Employment
General Contractor
Real Estate LLC
UEF

11/30/16, Appellate (unpublished): Giordano v. High Point Insurance Company

Parking lot case
Premise Rule

10/11/16, Appellate (unpublished): Dunkley v. Costco Wholesale Corporation

Reconstruction of wages
Katsoris Standard explained by App. Div.
Attorney's fee

10/11/16, Appellate (unpublished): Diocese of Metuchen v. Sisters of the Immaculate Heart of Mary

Employment
Control Test
Relative nature of the work test

10/11/16, Reserved Decision (unpublished): Hannon v. Shop Rite

Subrogation / Health Insurer
Unauthorized Treatment
Credibility

9/1/16, Appellate (published): Lambert v. Travelers

Section 40 Lien and PIP
Overturns Dever v. NJM
Right of Petitioner to pursue claims against the third-party and the right of the workers' compensation insurer to be reimbursed are governed by the Workers Compensation Act and not AICRA (PIP).

8/30/16, Appellate (published): Talmadge v. Burn