Reading Room

Shattered Consensus: Comp Case May Affect After School-Funding Debate

Jon 5487

The consensus that usually prevails when the New Jersey Supreme Court decides workers’ compensation claims was shattered this term when the Court dealt with an issue that could affect the ongoing school funding controversy. Justice O’Hern, writing for the majority of the Court in Outland v. Monmouth-Ocean Education Service Commission, No. A-48-97, 1998 WL 387263 (N.J. July 1, 1998) determined that a teacher who was employed under a ten-month contract and who was injured during the school year was entitled to temporary compensation benefits during the summer recess period. 

Shattered Consensus: Comp Case May Affect After School-Funding Debate

Jon 5489

The consensus that usually prevails when the New Jersey Supreme Court decides workers’ compensation claims was shattered this term when the Court dealt with an issue that could affect the ongoing school funding controversy. Justice O’Hern, writing for the majority of the Court in Outland v. Monmouth-Ocean Education Service Commission, No. A-48-97, 1998 WL 387263 (N.J. July 1, 1998) determined that a teacher who was employed under a ten-month contract and who was injured during the school year was entitled to temporary compensation benefits during the summer recess period. 

Frequently Asked Questions About Social Security Disability

Jon 5215

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." 

Frequently Asked Questions About Social Security Disability

Jon 5191

Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." 

Sexual Harassment Claims Covered

Jon 4646

The New Jersey Supreme Court in a unanimous decision ruled that claims of workplace sexual harassment, when the harassment results in bodily injury, could not be excluded by insurance carriers under the employer's liability section of a workers' compensation policy. Lisa Schmidt filed a claim against her employer, Personalized Audio Visual, Inc. and against the president of the company, Dennis Smith, for sexual harassment in violation of New Jersey's Law Against Discrimination (LAD), assault, battery, invasion of privacy and intentional infliction of emotional distress. 

Sexual Harassment Claims Covered

Jon 4637

The New Jersey Supreme Court in a unanimous decision ruled that claims of workplace sexual harassment, when the harassment results in bodily injury, could not be excluded by insurance carriers under the employer's liability section of a workers' compensation policy. Lisa Schmidt filed a claim against her employer, Personalized Audio Visual, Inc. and against the president of the company, Dennis Smith, for sexual harassment in violation of New Jersey's Law Against Discrimination (LAD), assault, battery, invasion of privacy and intentional infliction of emotional distress. 

The Use of Waddell Test

Jon 23222

In reviewing numerous medical records, including orthopedic and physical therapy reports, it is common to find mention of "The Waddell Test" and extensive reporting of examination findings featuring the results of its component maneuvers. These comments, will review the testing as it was originally described in its proper clinical application. Finally, some insights that can be used in formulating cross examination of expert witnesses who feature the Waddell test in their testimony will be discussed.

The Use of Waddell Test

Jon 23228

In reviewing numerous medical records, including orthopedic and physical therapy reports, it is common to find mention of "The Waddell Test" and extensive reporting of examination findings featuring the results of its component maneuvers. These comments, will review the testing as it was originally described in its proper clinical application. Finally, some insights that can be used in formulating cross examination of expert witnesses who feature the Waddell test in their testimony will be discussed.

The NJ Supreme Court has ruled that employees have 90 days to notify their employers after the diagnosis of an occupational disease. If the employee fails to notify his employer, a claim for workers’ compensation benefits may be barred.

Jon 6670

In a decision that focuses attention on the risk of harm to reproductive systems caused by exposure to toxins in the workplace, a state appeals court has ordered a judge to award compensation to an industrial employee for sterility, even though the condition did not affect his ability to work. Workers’ Compensation Judge Melvin Shteir had ruled that Ahmed Akef, a chemical worker at a BASF Corp. plant in Middlesex County, suffered no loss "in the workers’ compensation sense."  

Court Orders Compensation for Worker Rendered Sterile

Jon 5530

In a decision that focuses attention on the risk of harm to reproductive systems caused by exposure to toxins in the workplace, a state appeals court has ordered a judge to award compensation to an industrial employee for sterility, even though the condition did not affect his ability to work. Workers’ Compensation Judge Melvin Shteir had ruled that Ahmed Akef, a chemical worker at a BASF Corp. plant in Middlesex County, suffered no loss "in the workers’ compensation...

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