A student attending college and working full time was permitted temporary disability benefits despite the alleged defense of "Voluntary Departure" from the workforce. The court's decision is unsurprising since that terminology is absent from the Workers’ Compensation Act.
Showing posts with label temporary disability benefits. Show all posts
Showing posts with label temporary disability benefits. Show all posts
Saturday, December 16, 2023
Voluntary Departure
Monday, March 19, 2018
Judicial Limitations in Workers’ Compensation Cases
Frequently a workers’ compensation hearing officer divides a litigated matter into two phases, compensability and damages so litigation can be conducted in a more efficient manner. The procedure is designated as bifurcation and the limitations imposed by the procedure must have carefully adhered to while the adjudicating the claim.
A New Jersey appellate court recently ruled, in an unpublished opinion[1], that a judge of compensation committed reversible error by exceeding the constraints of the bifurcation process. The hearing officer decided the compensability of a denied accident and then went further by awarding damages by way of granting an award for the temporary disability.
An injured worker claimed that he suffered an accident during his employment because of carrying a heavy package at the employer’s place of business. The accident was reported by “text message” and voice message” after he had left the place of employment and returned home. The court assessed the witnesses’ credibility while testifying and determined the injured worker to be credible.
At the time of the trial, the employer relied on a written note from the injured worker’s doctor that stated, the worker “was shoveling snow and developed severe low back pain with right leg radiation.” The attorney for the employer failed to call the doctor as a witness during the trial. The appellate court held that the judge of compensation could give the written note whatever weight it wished to do so, and upheld the finding of the workers’ compensation hearing officials ruling that the matter was compensable and then, despite the bifurcation of the trial, entered an award for temporary disability benefits.
In a collateral issue raised on appeal, prior to making the determination, the judge of compensation, on her own volition sought and relied on additional factual information from the State of New Jersey. She “contacted the State and was advised” that the injured worker had been paid temporary disability benefits” for a certain period. The reviewing appellate tribunal rule that “Judges should not conduct their own factual investigation, let alone do so without notice and an opportunity for the parties to be heard. See Lazovitz v. Bd. of Adjustment, Berkeley Heights, 213 N.J. Super. 376, 381-82 (App. Div. 1986); Amadeo v. Amadeo, 64 N.J. Super. 417, 424 (App. Div. 1960).” and deemed such action as inappropriate, but vacated the Order for other reasons.
Interestingly, whether a Judge could take “judicial notice” of temporary disability payments was not discussed. “Judicial notice” is a rule of law in evidence that allows a fact to be introduced into evidence if the truth is so authoritatively attested that it cannot be reasonably contested. The NJ Division of Workers’ Compensation normally cross-matches payment information of State temporary disability benefits to efficiently satisfy statutorily imposed liens and eliminate duplicate recoveries. "Administrative procedures are in place for avoiding duplication of benefits in cases where claimants have pursued temporary disability benefits under both the Temporary Disability Benefits Law (TDBL) and the New Jersey Workers' Compensation Act (WCA)." Gelman, Jon L, Workers Compensation Law, 38 NJPRAC 17.10.50. Temporary disability liens–non–duplication of benefits (Thomson-Reuters 2018).
The award of temporary disability benefits was reversed by the appellate division and the matter was remanded to the Division of Workers’ Compensation for further hearing on that issue. The court held, “Despite bifurcation, the judge found that Moran was entitled to temporary disability benefits and appears to have made other findings of the nature of the injury. These other issues were decided without warning and deprived Cosmetic of an opportunity to present evidence or to confront the evidence upon which the judge relied. Because the judge mistakenly exceeded the limits of the bifurcation agreement, we vacate those parts of the order under review that granted temporary disability benefits and other relief to Moran, and we remand those proceedings that would naturally have followed the determination that Moran sustained a work-related injury.”
While bifurcation allows for judicial efficiency, the constraints imposed by procedure need to be strictly followed.
Moran v. Cosmetic Essence, LLC, Docket No. A-2588-1671 (N.J. App. Div. 2018) Decided March 14, 2018. 2018 WL 1308857 Only the Westlaw citation is currently available.
…
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
[1] NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
Monday, January 22, 2018
NJ Corrections Officers Are Entitled to Supplemental Benefits
NJ Corrections officers and other designated safety officers are now entitled to supplemental payments equating to full salary while on Workers’ Compensation temporary disability benefits. Recent legislation that was effective as of October 17, 2017, requires certain employers to make supplemental payments so that full salary is received by the injured workers.
Tuesday, December 26, 2017
Workers’ Compensation and Judicial Discretion - Unpublished Decision
Even if something looks, sound and smells correct, judges must use their discretion within the bounds of due process restrictions. The road to final justice in workers’ compensation can sometimes be a long one.
Wednesday, June 7, 2017
NJ Public Employees On Workers' Compensation Considered On Leave Without Pay
The NJ Court of Appeals has ruled, in an unreported and Per Curium decision, that public employees who are receiving workers' compensation temporary disability benefits are on leave without pay, and can not accrue sick and vacation days during their absence from work.
Monday, September 2, 2013
Government workers' compensation payments surge in New Orleans
| new-orleans-city-hall.jpg Landrieu's budget director, Cary Grant, told the City Council's Budget Committee this week that he expects payments for workers' compensation claims -- primarily from firefighters -- will increase from $16 million in 2012 to $24 million by the end of 2013. Grant offered no theory for the 50 percent jump, but he said the administration has hired a forensic auditing firm from Sacramento, Calif., Bickmore Risk Services, to comb through the city's stacks of claims and payments to find ways to save money. Auditors will also examine the work of the claims management firm Landrieu hired last year: Hammerman & Gainer Inc. of New Orleans. Bickmore began its audit on Monday, said Deputy Chief Administrative Officer Courtney Bagneris, who has been filling in for the city's departed risk management director, Michael McKenna. She told the committee the administration expects to have a full report by mid-October. The city has roughly 1,000 outstanding workers' compensation claims, with more than three out of four coming from the Fire Department. To slow that trend, Bagneris said, the administration is developing a "light-duty program" that will let... |
Related articles
- Raising the Minimum Wage Is Good for the Economy (workers-compensation.blogspot.com)
- Jobs are coming back, but they don't pay enough (workers-compensation.blogspot.com)
- Fast food workers strike to double current wages (workers-compensation.blogspot.com)
- Mexican Consulate, Labor Dept. Partner On Worker Protection (workers-compensation.blogspot.com)
- Workers' Compensation Benefits, Employer Costs Rise with Economic Recovery (workers-compensation.blogspot.com)
- Modern Families and Worker Protections (workers-compensation.blogspot.com)
Wednesday, April 3, 2013
Student Athletes Should be Covered by Workers' Compensation Policies
Student Athletes Should be Covered by Workers' Compensation Policies
They call them "student players" and the schools, televisions companies and advertisers make the money. The "students" get injured and no benefits are available for medical (except when over $90,000 on medical has been expended then an NCAA policy kicks in), no temporary disability or permanent disability are afforded. The student suffer lifetime and carrer altering injuries as they play their hearts out for the schools and they do so without adequate compensation.
There is major inequality going on in College sports which indeed is a BIG business.
The coaches hammer at the student players and entice them to play too many games in a growing TV broadcast season where one conference add up upon another expanding to greater proportions and placing serious physical demands upon the player resulting in accidents and injuries.
Additionally bullying by coaches as revealed by Rutgers Basketball Coach Rice physically assaults the students and berates them with indecent name calling.
Where is the accountability? The students are actually employed by the schools to earn profits for the educational institutions and corporate sponsors. The student players are being exploited. Student athletes should be covered by workers' compensation policies.
Monday, August 13, 2012
Employer Not Permitted to Stop Temporary Disability Benefits When Social Security Disability Awarded
An employer cannot stop paying workers' compensation benefits merely because the injured worker was awarded Social Security Disability benefits. In fact, the premature termination of temporary disability benefits was adequate grounds for a NJ compensation court to levy fines and penalties upon the employer.
The NJ Court of Appeals affirmed the trial court ruling of Judge of Compensation George F. Geist who assessed a penalty upon the employer for defying an Order of the Court to pay workers' compensation temporary disability benefits.
The employer' attorney argued that the employer was permitted to unilaterally terminate temporary disability benefits since the Social Security Administration had awarded the the injured worker disability benefits. The employer asserted that by accepting the award from Social Security the claimant had removed himself from the workforce. No supporting law was offered to support that proposition and the compensation court awarded a 25% penalty and simple interest against the employer.
Ferguson v Trenton Board of Education (NJ App. Div. 20112)
The NJ Court of Appeals affirmed the trial court ruling of Judge of Compensation George F. Geist who assessed a penalty upon the employer for defying an Order of the Court to pay workers' compensation temporary disability benefits.
The employer' attorney argued that the employer was permitted to unilaterally terminate temporary disability benefits since the Social Security Administration had awarded the the injured worker disability benefits. The employer asserted that by accepting the award from Social Security the claimant had removed himself from the workforce. No supporting law was offered to support that proposition and the compensation court awarded a 25% penalty and simple interest against the employer.
Ferguson v Trenton Board of Education (NJ App. Div. 20112)
Friday, July 27, 2012
Duration of Temporary Disability Payments Increasing
When a worker is temporarily disabled as a result of a work-related injury so that he or she is unable to perform his job, the worker is entitled to temporary compensation benefits. If an employee is not absent from work, temporary compensation benefits are not payable. An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a dispute with regard to the payment of temporary disability benefits and the respondent-employer has contested their payment either from the date of the accident or following the termination of medical care, the employee may look to the State or to a private temporary disability carrier for payment.
New Jersey standards for temporary disability benefits:
Temporary Disability
- When out of work and under authorized medical care for more than 7 days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).
- Authorization to return to “light duty” is interpreted by the Courts as a return to full time employment and temporary disability benefits will stop. If you remain under medical care and if your employer does not have “light duty” work available you may be entitled to continued temporary disability benefits.
....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
Related Articles on Temporary Disability Benefits
Jan 29, 2012
Universally workers' compensation temporary disability benefits are set calculating wages at the time of the accident. If an employer miscalculates an employee's wages then the payment of temporary disability benefits paid...
Jul 19, 2012
This amount, not the $400 basic wage, should be used to compute for his benefits, thus yielding an additional $50 per week in Temporary Total Disability benefits. Additional items of value are also included as part of the...
Feb 06, 2012
A NJ Appellate Court upheld that a trial judge's ruling that a decision of the Social Security Administration awarding total disability beenfits did not terminate a workers' compensation order for temporary disability payments.
Apr 10, 2012
Temporary disability plans and major medical plans act as coverage for loss time and treatment. Employee are willing to fore go permanent disability inorder to get certain and immediate medical care and lost time benefits.
Subscribe to:
Posts (Atom)