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December 15, 2003 10:18 AM
Workers’ Compensation News - December 15, 2003 Volume 1 Issue 37

 --HHS Issues Rules For Smallpox Compensation Program
--WILG-NJ Objects to the Proposed Rules of the NJ DWC
--Paul Brodeur Speaks Out On Asbestos Litigation

For these stories and more visit http://www.gelmans.com

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CASES
--WASIK v. BOROUGH OF BERGENFIELD, Appellate Division, A-794-02T3,
December 1,2003, not approved for publication. Dismissal of the employees petition for benefits for injuries sustained as the result of an assault on him by a co-worker reversed and remanded for the determination of benefits; the co-worker assaulted the employee after the employee had made “some insulting comments and gestures” to the co-worker earlier in the day and just before the assault: the judge of compensation concluded that, while the assault occurred on the job, it did not arise out of the employment; however, what occurred was “both integral and incidental to the conditions of employment,” and it was no different from other “horseplay eases~~ in which benefits were allowed; therefore, the assault arose out of the employment.

--TEMPORARY DISABILITY AND MEDICAL BENEFITS PROOFS, THOMAS v. STATE OF NEW JERSEY, TRIAL COURT SUPPORT, Appellate Division, A-3506-01T5, December 1, 2003. not approved for publication. (4 pages). Order on remand awarding the petitioner temporary disability and medical benefits affirmed; the Appellate Division remanded the matter because there was no “articulated basis in the evidence” for the judge of compensation’s finding that the respondent State’s expert was “incredible”; on remand. the judge explained in detail his reliance on the testimony of the petitioner’s expert, and the judge ordered the award because it was “more probable than not” that the accident in question resulted in the petitioner’s inability to work and her need for medical attention and because there was “equally convincing proof’ that a second accident aggravated her condition; while it might have reached a different conclusion if it was the trier of fact, the Appellate Division determined that there was evidence to support the judge’s conclusion and that no further intervention was required.

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LEGISLATION PENDING
-S1779/A2820 Extends supplemental workers' compensation benefits to workplace injuries and deaths occurring after December 31, 1979.
http://www.njleg.state.nj.us/2002/Bills/S2000/1779_I1.PDF

-Resolution: Urges Congress to modify limits on sum of Social Security disability and workers' compensation benefits.
http://www.njleg.state.nj.us/2002/Bills/SR/82_I1.PDF

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NJ DWC RECESS SCHEDULE
12.25.03 through 1.2.04
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