Showing posts with label Evidence. Show all posts
Showing posts with label Evidence. Show all posts
Friday, October 20, 2023

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

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In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon cha...
Thursday, June 16, 2022

COVID-19 on the Brain: Neurological Symptoms Persist in Majority of Long-Haulers

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A new study offers scientific evidence supporting permanent neurological disability flowing from an occupational COVID-19 condition. Researc...
Saturday, May 30, 2020

OSHA's vague COVID-19 reporting guidance

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OSHA issued a COVID-19 reporting guidance that lacks a foundation in essential epidemiology as well as legal evidentiary principles for admi...
Sunday, May 10, 2020

Impartiality: Cornerstone of the justice system

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The cornerstone of the justice system is judicial impartiality. Impartiality is essential for fairness and due process. The NJ Code of Condu...
Monday, May 13, 2019

Verdict: $2 Billion -- Herbicide Occupational Exposures - The Next Wave of Serious Compensation Claims

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A jury in California has awarded a couple $2 Billion as a result of cancer contracted after using RoundUp manufactured by Monsanto. This ...
Tuesday, May 7, 2019

Fundamental Fairness

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Workers’ Compensation matters are adversarial in nature and must furnish all parties with due process, a concept that embodies fundamental ...
Saturday, June 30, 2018

Insufficient Evidence: When "A Lot" is Not Enough

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A Judge of Compensation's opinion must be supported by objective medical evidence and not merely based upon an inadmissible net opinion...
Monday, March 19, 2018

Judicial Limitations in Workers’ Compensation Cases

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Frequently a workers’ compensation hearing officer divides a litigated matter into two phases, compensability and damages so litigation can...
Saturday, October 21, 2017

The Inherent Judicial Power of Judges of Compensation

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A Judge of Compensation has the discretion to call and question witnesses in pending cases. A NJ Appellate Court affirmed the trial court a...
Friday, August 11, 2017

The Facts Don't Change Because You Try a Case

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In my early days in the practice of law,  when I was eager to try every case, my dad, a lawyer, used to remind me that, "The facts don...
Wednesday, February 15, 2017

Accelerated Justice Is Problematic on Appeal

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Workers' Compensation matters were intended by the legislature to be summary and remedial actions. Accelerated justice does have its co...
Monday, February 3, 2014

Substantial Credible Evidence Remains the Rule

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Despite the informality of  a workers compensation hearing, the evidence relied upon by the hearing official must be substantially credibl...
Thursday, August 22, 2013

NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim

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A NJ Workers' Compensation Court affirmed the dismissal of a pulmonary claim ruling that the evidence presented was lacking, and that t...
Thursday, August 15, 2013

Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

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Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step ...
Tuesday, July 3, 2012

Surveillance Video Barred as Belated Evidence

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A New Jersey appellate court held that the trial court's decision to bar the admission of a surveillance tape into evidence was approp...

Facebook Photo Admissible As Evidence

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An injured worker was denied benefits when an Arkansas Court admitted into evidence Facebook pictures that were posted on line showing hi...