In a case of first impression, earlier today (January 13, 2020), the Appellate Division of the Superior Court of New Jersey affirmed an order of a state workers’ compensation judge...
NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical Marijuana NJ Court Approves Order Requiring Employer to Reimburse Worker for Medical MarijuanaIn an unusual case that shows how traditional procedural rules can sometimes be disregarded in workers’ compensation cases, a New York appellate court affirmed a finding of the state’s Workers’...
NY Court Affirms Use of Hearsay Evidence to Establish Employee Fraud NY Court Affirms Use of Hearsay Evidence to Establish Employee FraudIn a deeply divided (3-2) decision, a New York appellate court reversed a decision by the state's Workers' Compensation Compensation Board that had found an injured, undocumented construction worker had failed to establish, through a diligent, relevant search for employment, that he maintained the required connection to the labor market....
Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the System Opinion Mondays: Those Hiring Undocumented Workers Should Not be Allowed to Game the SystemAs is the rule in many jurisdictions [see Larson’s Workers’ Compensation Law, § 7.04], New York provides a presumption of compensability for accidents occurring during the course of employment which...
“Substantial” Evidence, Not Just “Some” Evidence Required to Rebut NY Presumption Regarding Unwitnessed Injuries “Substantial” Evidence, Not Just “Some” Evidence Required to Rebut NY Presumption Regarding Unwitnessed InjuriesAs I have noted many times on this blog site, more than 30 years ago my mentor, Dr. Arthur Larson, and I began a quirky—though humorous—New Year’s tradition. On an...
The Top 10 Bizarre Workers’ Comp Cases for 2019 The Top 10 Bizarre Workers’ Comp Cases for 2019