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Canadian Wildfire Smoke, Northeast Air Pollution, and the Coming Wave of Occupational Exposure Claims

Subrogation Notice Must Be Timely - Unpublished Decision

A NJ Appellate Court barred a subrogation claim made by an employer against a 3rd party for failure to give timely notice to the injured worker. The notice provisions of the NJ statute were strictly enforced.

An employer may bring a lawsuit, in the name of the injured worker or dependents,  against a wrongful third-party to recover workers’ compensation benefits paid, if the employee fails to bring an action within one year of the date of the accident. 

Verbal Notice to Supervisor Satisfies Notice Requirement - Unpublished Decision

A police officer who provided verbal notices to an injury to his supervisor the evening of the accident was held to ratify the notice requirement under the Workers’ Compensation statute and deem the accident compensable. In an unpublished shed decision*, the NJ Appellate division ruled that the employer was responsible for benefits even though treatment was not sought for three weeks following the accident.

Professional Liability Policy Rescinded For Failure to Provide Notice

A US District Court ruled that a professional liability insurance company was permitted to rescind an attorney's policy for lack of notice. The attorney was instructed to appeal a workers' compensation claim and failed to do so on a timely basis, and did not provide notice to the professional liability insurance carrier under the terms of the policy, or in renewal applications, or when when requested on five occasions.

Liberty Mutual Underwriters, Inc., v Wolfe, et al., Civ. No. 16-2353 (WHW)(CLW) Decided 02/03/2017 (USDCT D.NJ) Unreported 2017 WL 481468

Injured worker has no standing in a subrogation claim

An injured worker has no standing in a subrogation action initiated by a tby the insurance carrier/employer against the ultimate wrongdoer where the injured worker takes no action to pursue a personal injury action against the third party. The injured worker, who fails to file an action, has no right to interfere with the subrogation claim and need not be notified of the settlement.

A NJ Appellate Court ruled that the failure of the injured worker to proactively initiate a third party claim prohibited the employee from involvement/recovery in the subrogation action.

A-4731-13T1
INAAM ELHELOU, ET AL. VS. LIPINSKI OUTDOOR SERVICES, ET AL.       
VS. ALL STATE POWER WASH
July 9, 2015
2015 WL 4112210 (N.J.Super.A.D.)

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• Spoliation of Evidence: Sanctions Reversed in Employer Fraud Case (workers-compensation.blogspot.com)
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Workers' Compensation Injuries Must Be Reported in a Timely Matter

In order to file a valid workers' compensation claim, an injured worker must report the accident within 90 days to his or her employer. The NJ Appellate Division affirmed the trial court's ruling dismissing a case of a volunteer emergency medical technician who failed to give timely notice of his injury.

The worker, captain of the rescue squad, alleged an injury occurred when he responded to a one care motor vehicle accident when minor injuries had occurred and he allegedly jumped off a flat bed truck some 3-4 feet off the ground injuring his back. The worker was 42 years old, 6.25 feet tall and weighed 325 pounds who was previously being treated for an arthritic condition.