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Saturday, October 5, 2013

Intervening Superseding Event: Turning in Bed Held Not a Bar to Workers' Compensation

A NJ Workers' Compensation Judge has held that turning over in bed did not constitute an intervening superseding event and therefore the claim was held to be compensable.

"....the act of turning in bed to shut off an alarm clock did not constitute an intervening, superseding
event which would free respondent of the liability for petitioner's second back
surgery of September 27, 2007 and I further find that the need for that surgery is
causally related to the work accident of July 12, 2005." 
Philip A. Tornetta, Judge of Compensation

IPPOLITO v. COUNTY OF BERGEN ROAD DEPT
2011 WL 11004007 (N.J. Adm.)
CLAIM PETITION NOS. 2007 - 25283, 2010 - 17376 August 1, 2011
(Reported Oct. 5, 2013)

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