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Friday, May 6, 2011

Bilateral Carpal Tunnel Results in Workers' Compensation Total Disability

A NJ Court of Appeals has affirmed a decision awarding total disability workers' compensation benefits to an injured worker who suffers from bilateral carpal tunnel injuries. The 61 year old punch press operator was deemed unable to work as a result of the repetitive motion injury.

The trial court, on remand, found that that the injured worker was unemployable taking into consideration this injuries, and personal factors under the Odd Lot Doctrine, a law law that was adopted from the British common law. Additionally, the trial court , in accordance with NJ State statues, deemed that the loss of use of two major (hands) members, made the worker totally disabled.

The Appellate Division approved the award which also include additional fee to be assessed against the employer. The injured worker is eligible to receive benefits for the his entire life.

Rambough v. C.V. Hill Refrigeration, 2011 WL 1675195 (N.J.Super. A.D.) Decided May 5, 2011.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.




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