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HTMLInterpreting the Definition of “Employment” Under N.J.S.A. 34:15-36 of the Act in the Context of Off-Premises Employment.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 3, 2014, previously published on October 1, 2014
The petitioner, a school bus aide, filed a claim with the Division of Workers’ Compensation seeking medical and indemnity benefits after she was injured while stepping from the school bus. The respondent denied that the petitioner’s accident arose out of and in the course of her...

 

HTMLAward of Benefits Reversed Due to Failure to Properly Weigh the Testimony of Petitioner’s and Respondent’s Competing Medical Experts
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The petitioner had been employed as a fleet service agent with the respondent since 1981. His job responsibilities included loading and unloading baggage from planes, working in the bag room, placing baggage on carts, driving diesel and gas tugs, driving the equipment to move planes from the ramp...

 

HTMLNew Jersey Supreme Court Reverses an Appellate Division Decision Employing an Overly Expansive Interpretation of the Premises Rule
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
As the petitioner’s employer, the respondent assigned the petitioner free parking at a private garage located about two blocks from her workplace. The respondent paid for 65 parking spaces for its employees at this private garage, provided each employee with a scan card so that they could...

 

HTMLAppellate Division Affirms Perceived Inadequate Fee Award on Motion for Medical and/or Temporary Benefits
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
On July 13, 2007, the petitioner was injured when he slipped and fell on the respondent’s premises. Prior to filing a claim with the Division of Workers’ Compensation, the petitioner’s injury was deemed compensable by the respondent’s workers’ compensation carrier, and...

 

HTMLA Judge of Compensation’s Extreme Interpretation of the Premises Rule Withstands Appellate Division Review
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The petitioner was employed as a blackjack dealer with the respondent casino. On September 19, 2012, after completing her shift, the petitioner obtained her vehicle from the respondent’s parking garage, drove along the respondent’s internal driveway, passed through the...

 

HTMLPetitioner’s Claim Dismissed Based on an Adverse Inference Drawn from Petitioner’s Failure to Produce Either the Testimony or Records of His Treating Cardiologist
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The petitioner was employed by the respondent from 1961 through 1974 and again from 1986 though his retirement in 1999. The majority of the petitioner’s career with the respondent was spent as a vehicle maintenance foreman, where he supervised the maintenance of cars, trucks and heavy...

 

HTMLUnder What Circumstances Can a Respondent Recover a Faultless Overpayment of Workers’ Compensation Benefits from a Petitioner?
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 30, 2013, previously published on October 18, 2013
On October 18, 2000, the petitioner received an award of total disability from his employer, entitling him to permanent total disability (PTD) benefits at a rate of $480 per week for 450 weeks. On April 1, 2002, the petitioner qualified for and began receiving ordinary disability pension benefits,...

 

HTMLAccidents Occurring on the Respondent’s Premises During the Petitioner’s Personal Time are Not Compensable.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The petitioner was employed as a part-time personal trainer for the respondent, a health club and athletic facility. The petitioner trained clients from 6:00 to 7:00 a.m., 8:00 to 11:00 a.m. and 12:00 to 3:00 p.m. On September 22, 2010, at 11:15 a.m., the petitioner tripped, fell and broke her...

 

HTMLThe Statute of Limitations Defense in the Context of Occupational Exposure Claims.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
On November 11, 2008, the petitioner filed a workers’ compensation claim against his employer, alleging an injury to both knees as a result of exposure to repetitive motion during the course of his employment from December 1992 to November 11, 2008.

 

HTMLThe Appellate Division Addresses the Issue of Compensability in the Context of Off-Site Employment.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 2, 2013, previously published on July 1, 2013
The petitioner was employed as a school bus driver by the respondent. Her responsibilities included driving children to school in the morning and then driving them home from school in the afternoon. The petitioner was also required to clean the bus interior and inspect all seatbelts after each run....

 


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