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Showing posts sorted by relevance for query temporary disability. Sort by date Show all posts
Showing posts sorted by relevance for query temporary disability. Sort by date Show all posts

Friday, July 27, 2012

Duration of Temporary Disability Payments Increasing

NCCI Holdings Inc. reports the duration of the average payment of workers' compensation temporary disability benefits is 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 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.

Thursday, September 13, 2012

NJ Maximum Disability to Increase 2% to $826.00 Per Week

NJ's workers' compensation disability rates are scheduled to increase in 2013 to a maximum rate of $826.00 per week. The NJ workers' compensation rate is mandated by statute and the the increase from $810. per week paid in 2012 is adjusted based upon the States' Average Weekly Wage (SAWW). The 1979 amendments to the act adjusted the then $40.00 maximum rate based upon the SAWW formulate to keep payments inline with actual salaries.

Click here to read the NJ Register Notice

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 have been representing injured workers and their families who have suffered work related accident and injuries.

More about temporary disability
Aug 13, 2012
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 ...
Jul 27, 2012
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 ...
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 06, 2010
"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior ...

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.

Thursday, January 6, 2022

Municipal police officers’ health contribution not based on temporary disability

Municipal police officers' contributions to their health benefits plans could not be based on the rate of their temporary disability benefits. The purpose of workers’ compensation temporary disability benefits is to provide an injured worker with a partial wage to replace wages because of a work-related accident.

Wednesday, October 24, 2012

Minimal Light Duty Doesn't Limit Temporary Disability Benefits

A NJ Compensation Court ruled that an employer was unable to limit the payment of temporary disability benefits based an mere limited light duty.

Petitioner filed a motion in which he requested supplemental temporary disability benefits. Respondent objected and argued that, because the petitioner was returned to only minimal light duty work, his temporary disability benefits should be limited by the amount earned in such light duty capacity (rather than an amount based upon regular wages. The judge disagreed as he found that allowing a respondent to provide only minimal light duty work and thereby reduce a petitioner's temporary disability benefits would defeat the purpose of the temporary disability provisions of the workers' compensation statutes. Petitioner's motion was granted. 

"As stated earlier, temporary disability is intended to provide Petitioner with an amount which the legislature has determined to be sufficient for his living expenses while temporarily disabled.  Light duty, on the other hand, provides the injured worker an opportunity to transition back to his or her regular job by performing less strenuous duties for his/her employer until such time as he or she is able to perform his or her regular tasks.  The emphasis here is the benefit of the program to the employee.  We cannot lose sight of the fact that this is workers’ compensation.  Respondent’s position here would turn this aspect of the program into virtually an employer’s compensation, since an employer in Respondent’s situation will benefit financially the longer Petitioner remains on light duty status."

Soto v. Herr's Foods, Inc.
11-18325, decided September 7, 2012 by the Honorable Emille Cox, J.W.C.

Saturday, October 21, 2017

The Inherent Judicial Power of Judges of Compensation

A Judge of Compensation has the discretion to call and question witnesses in pending cases. A NJ Appellate Court affirmed the trial court award of additional weeks of temporary disability,  the imposition of a 25% penalty for unreasonable and negligent delay in defending the case and 20% counsel fees.

Sunday, July 28, 2013

The Oklahoma Opt-Out System is Bad Medicine for an Ill System

The newly enacted Oklahoma "Opt-Out" workers' compensation system has been urged by reformers as an effort to provide a more efficient and effective than its century old program enacted in the early 1900s. A comparison of the Oklahoma Opt-Out system to the New Jersey system reflects a limitation on litigation and a return to a more administrative program. Additionally, the opt-out system would provide for injured workers' choice of physician that ultimately could be blended into an employer based health program.

The changes are dramatic, and a major shift from the traditional based system such as New Jersey has followed since 1911.

Obviously the future statics will be reviewed by all stakeholders to determine if the Opt-Out System can really satisfy the concerns of all stakeholders or just a few.

Radical statutory changes to workers' compensation that have been limited to the interests of specific interest groups in the past have been met with disasters. The Opt-Out System of Oklahoma appears to be one of those programs, and has been bitterly contested by the advocates of injured workers.

In order for the creation of an optimal system of compensation to meet the socio-political-economic changes that are occurring in the world, all parties must sit at the table and work out a plan together. The Oklahoma Opt-Out system just appears to be bad medicine for a very ill system.

New Jersey Traditional v Oklahoma Opt-Out
Hearing Officials
The Jersey System:
Case are heard by Compensation Judges nominated by the Governor and the system is administered under the Executive Branch of government. There are 50 Compensation Judges.

The Oklahoma Opt-Out System:
Starting on February 1, an administrative process with three appointed commissioners will replace the current court procedure with 10 judges for litigating workers’ compensation claims.

Temporary Disability Benefits
The Jersey System:
If an injured worker is disabled for a period of more than seven days, he or she will be eligible to receive temporary total benefits at a rate of 70% their average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW. These benefits are provided during the period when a worker is unable to work and is under active medical care.The limit is 450 weeks. The maximum temporary disability rate for 2013 is $826.00.

The Oklahoma Opt-Out System:
Temporary disability payments will be reduced to 104 weeks instead of 156 weeks, with a cap at 70 percent of the state’s average weekly wage, about $540 per week.

Permanent Disability Benefits:
The Jersey System:
Partial Disability: When a job related injury or illness results in a partial permanent disability, benefits are based upon a percentage of certain "scheduled" or "non-scheduled" losses. A "scheduled" loss is one involving arms, hands, fingers, legs, feet, toes, eyes, ears or teeth. A "non-scheduled" loss is one involving any area or system of the body not specifically identified in the schedule, such as the back, the heart, the lungs. These benefits are paid weekly and are due after the date temporary disability ends.

Total Permanent Disability:
These weekly benefits are provided initially for a period of 450 weeks. These benefits continue beyond the initial 450 weeks provided that the injured worker is able to show that he or she remains unable to earn wages.

Wages earned after 450 weeks offset the weekly computation in proportion to the income at the time of the injury. Permanent Total benefits are paid weekly and are based upon 70% of the average weekly wage, not to exceed 75% of the Statewide Average Weekly Wage (SAWW) or fall below the minimum rate of 20% of the SAWW.

Permanent Total Disability is also presumed when the worker has lost two major members or a combination of members of the body such as eyes, arms, hands, legs or feet. However, permanent total disability can also result from a combination of injuries that render the worker unemployable.

The Oklahoma Opt-Out System:
Permanent disability payments will be reduced from 520 weeks to 350 weeks.

Choice of Treating Physician
The Jersey System:
None. Employer selected physician must be utilized.

The Oklahoma Opt-Out System:
Employees will be allowed to change treating physicians once so long as the selection is from a list of three doctors provided by the employer.

Arbitration or Alternate Dispute Resolution
The Jersey System: 
None. All cases, including settlements, must be heard or reviewed by a Compensation Judge.

The Oklahoma Opt-Out System:
Employers can require arbitration as the exclusive way to settle claims and disputes with employees.

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)

Monday, December 27, 2021

NJ Workers’ Compensation Benefit Rates Increase in 2022

The New Jersey Department of Labor and Workforce Development (NJDOL) announced increases in the maximum benefit rates for Unemployment Insurance, Temporary Disability Insurance, Family Leave Insurance, and Workers’ Compensation for the calendar year 2022. The increased rates will be effective for new claims dated January 2, 2022, and later.

Tuesday, January 21, 2020

NJ Announces Increases in Maximum Benefit Rates & Taxable Wage Base

The New Jersey Department of Labor and Workforce Development (NJDOL) announced increases in the maximum benefit rates and taxable wage base as of January 1 for its Unemployment Insurance, Temporary Disability Insurance, Family Leave Insurance, and Workers’ Compensation programs.

On January 1, the maximum weekly benefit amount for Unemployment Insurance beneficiaries increased to $713, from $696. The maximum weekly benefit for state plan Temporary Disability and Family Leave Insurance claims increased to $667, from $650, while the maximum weekly benefit for Workers’ Compensation rose to $945, from $921.

The maximum benefit rates and the taxable wage base are recalculated each year based on the statewide average weekly wage, in accordance with the laws governing these programs. The benefit rates and taxable wage base for 2020 reflect the $1,259.82 average weekly wage for 2018, which rose by 2.6 percent from $1,228.25 in 2017.

The level of wages subject to wage taxes in 2020 increased to $35,300 for employers covered under the Temporary Disability Insurance program and for workers and employers covered under the Unemployment Insurance program, the Workforce Development Partnership Program, and Supplemental Workforce Fund for Basic Skills.

Additionally, a law enacted last year (P.L. 2019, chapter 37) increased the level of wages subject to wage taxes effective January 1 for workers covered under the Temporary Disability and Family Leave Insurance programs to cover significant increases in these benefits that go into effect later this year, including a higher maximum benefit rate and an extension in the maximum amount of leave available. The taxable wage base is $134,900 for 2020 for workers contributing to these programs, up from $34,400, or 107 times the statewide average weekly wage, up from 28 times the average weekly wage.

The increase in the maximum weekly benefit rate for Temporary Disability and Family Leave Insurance claims starts July 1, with an increase to $881 from $667. This represents 70 percent of the statewide average weekly wage, up from 53 percent of the average weekly wage. Additionally, the maximum amount of continuous leave will increase to 12 weeks, up from six weeks, and the maximum amount of intermittent leave will increase to 56 days, up from 42 days.

To qualify for Unemployment, Temporary Disability, or Family Leave benefits this year, an applicant must have earned at least $200 per week for 20 base weeks, or alternatively, have earned at least $10,000 during the base weeks. Benefit eligibility criteria are based on the state minimum wage in effect on October 1, 2019, when the minimum wage in New Jersey was $10/hour for most employees.

The contribution rate for state and local government entities that choose to make contributions rather than reimburse the trust fund for Unemployment Insurance benefits paid to their former employees, decreased to 0.6 percent of taxable wages during calendar year 2020, down from 0.7 percent in 2019.

Below is a chart showing the 2019 rates and the changes taking place January 1 and July 1:

To read more about "rates" and workers' compensation, click here.

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). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Sunday, March 23, 2008

Collecting Both Social Security Disability Insurance And Workers’ Compensation Benefits Generates Inequality of Benefits

A recent study by the federal government reports that some disabled workers who receive workers' compensation or public disability benefits may receive less money than their counterparts. The reason why this phenomenon occurs is because the Social Security benefit computation is designed to replace more of the lower earner’s pre-retirement or predisability earnings than a higher earner’s.
“The Social Security benefit computation is designed to replace more of a lower earner's preretirement or predisability earnings (average indexed monthly earnings) than a higher earner's. This is done by "bend points" in the primary insurance amount formula, which create three earnings brackets. Earnings up to the first bend point are replaced at 90 percent; earnings between the first and second bend point, at 32 percent; and earnings above the second bend point, at 15 percent, up to the taxable maximum. The three brackets are a convenient way to group workers by income (represented here by AIME). This grouping also helps distinguish differences in replacement rates, which are largely determined by the earnings bracket in which the worker belongs.”

The Social Security disability system was established in 1956 to pay cash benefits to those workers who sustained long-term disabilities and were insured for coverage. On the other hand, state workers compensation systems had been in place since 1911 and may be combined with other public disability benefits in addition to Social Security benefits.

The Social Security system, unlike state workers compensation programs, provides a nationally distributed benefit to over 8 million disabled-worker beneficiaries. State public disability benefits are paid under numerous laws including federal, state or local government were plans that provide compensation for medical conditions that are not work related. Some of them may be short-term such as state temporary disability benefits.

As of December 2005, the date that the study utilized for collection of data, there were 8,305,702 disabled-worker beneficiaries in the Social Security program. Of those beneficiaries, 1,440,772 had some past or present connection to workers compensation or public disability benefits and 798,476 at a current connection to workers' compensation or public disability benefits.

In 1984 Congress amended The Social Security Amendments of 1956 and required that workers’ compensation benefits were to be offset against the federal Social Security disability insurance benefit. In 1985 the offset was eliminated and it was again reinstituted in 1989 by Congress. Further amendments in 1996 to The Omnibus Budget Reconciliation Act Of 1981 extended the offset provision to public disability benefit programs. However, Congress excluded the offsets of workers’ compensation and public disability beneficiaries who are receiving Social Security disability benefits in those states where the State took the offset. These have been named reverse offset states. The state law needed to be in effect as of February 18, 1981. Presently there are 16 states and Puerto Rico that are reverse offset states.

The recent study involving 18 month period from January 2003 through June 2004, identifies that a proximately 11% of all Social Security disability beneficiaries were also entitled to receive state workers compensation for public disability payments. It reported that those who receive combined benefits were most likely to be male, high earners, older it retirement and from the Western states.

The report concludes that the earnings replacement rate for disability insurance beneficiaries under the Social Security system, as measured by the ratio of the monthly disability insurance benefits to the average indexed monthly earnings, demonstrates that disabled workers without workers’ compensation or public disability benefits had higher replacement rates. Therefore, collecting multiple benefits may create an economic disparity.

Monday, February 6, 2012

Court Holds That Social Security Decision Does Not Terminate An Order for Temporary Disability Payments

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. Furthermore, the the court upheld Workers' Compensation Judge George Geist's ruling imposing a penalty against the employer for prematurely terminating benefits.

Judge Geist had reasoned at trial:

"First of all, I want to remind you we are in New Jersey. “An injured employee is entitled to temporary disability benefits from the date of his injury in the course of his employment to the earliest of several dates set by various physicians as the time when such disability ceased.”There is no cessation. There is a continuation of treatment. Every one of the reports shows only continuation of treatment.... The words “[has reached] maximum medical improvement” are nonexistent...."

"Next, the judge rejected BOE's assertion that Ferguson's receipt of SSD benefits entitled BOE to refuse to pay workers' compensation benefits. He reasoned that BOE lacked the authority to disregard a court order, but had done so nonetheless."

Ferguson v. Trenton Board of Education,  2012 WL 330935 (N.J.Super.A.D.), Decided Feb. 3, 2012.

Tuesday, July 6, 2010

Temporary Benefits Due During Period of Unrelated Medical Condition

An asthma flare up, that delayed surgery for a compensable back injury, was not a reason to halt the payment of workers' compensation temporary disability payment. The Court held:

"....when treatment for the original work related injury is delayed due to unrelated
conditions, the claimant was entitled to continued disability benefits during the entire period."

"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior fusion at C5-6 and C7 because of asthma flare-ups unrelated to the work accident." Schock did not refuse treatment, there is no evidence that she was able to return to work or that she was at maximum medical improvement during the brief delay in her neck surgery. Her  asthma condition was temporary and beyond her or her doctor's control."

Wednesday, January 5, 2022

Innovation is Necessary to Meet the Challenge of COVID in 2022

COVID is the most extensive occupational exposure event in the history of the United States. Workplaces are now primed for a massive wave of compensation claims due to the Omicron variant. A recent study provides a potential opportunity for employers and insurance companies to reduce their risk exposure through early sequencing and treatment proactively.

Thursday, June 12, 2014

Compensation denied for false imprisonment type situation

The NJ Court of Appeals affirmed the dismissal of an employee's claim for mental disability based upon confinement by the employer against her will. The reviewing tribunal accepted the rationale of the the compensation court judge that the event was not a material contributing cause of the disability.

Since the amendment to the NJ workers' compensation act in 1979, an employer is not responsible for a condition that is not materially contributing by the employment. Prior to 1979 the standard was that the employer took the employee as they found him or her. If the work related event was the "straw that broke the camel's back," the employer was then responsible for the end result.

In this instance, the trial judge had found that the employee had a pre-existing mental disability following from childhood sexual abuse and that condition was the sole material contributing cause of the injured workers' mental disability. The employment episode was deemed unrelated.

The Court held: "Here, the judge found appellant's history of childhood sexual abuse was in fact the true source of her disability; this finding is similar to Goyden, where the court found the appellant's compulsive personality and childhood problems caused his unfortunate reactions to his work environment. Id. at 458–59. Here, the testimony of Dr. Pipchick yields a similar analysis; she clearly stated that without the childhood sexual abuse, appellant would not have had the disabling response to the incident. Even though the incident may have “triggered” the appellant's PTSD, it did not cause the disability, and thus there is no basis for compensation."

For additional analysis of workers' compensation psychiatric disability claims see Gelman, Workers' Compensation Law, 38 NJ Practice 9.12 Psychological Disability--Harassment: "In Goyden the NJ Supreme Court rendered a split decision regarding the standard for awarding permanent disability for psychological illness arising out of stressful work conditions. The Court affirmed the opinion of the Appellate Division which stated that stress must stem from objectively proven stressful work conditions rather than from conditions the petitioner found stressful. The Court required the establishment of conditions “peculiar” to the workplace, conditions which justified the medical opinion that they were the “material” causes of the petitioner's disability.....“That Goyden's particular characteristics as a person may have made him more sensitive or susceptible to the influences of stress or even predisposed to develop a psychological illness does not impugn the Court's conclusion that his disability arose out of and in the course of employment,” the minority wrote. Goyden v. State, Judiciary, 128 N.J. 54, 607 A.2d 622 (1992)."

Rizzo v. Kean University, Not Reported in A.3d, 2014 WL 2590281 (N.J.Super.A.D.) June 12, 2014

Sunday, January 29, 2012

Wage Miscalculations Can Result In Incorrect Low Temporary Disability Payments

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 may be too low. Employers use many techniques to report low wages.

Click here to read more: Don’t Get Short-Changed On Your Work Comp Disability Payments by attorney Brody Ockander
"While off work for your injury, make sure you are getting the proper amount of money you are entitled to. Employers use many techniques to manipulate your wages to pay you less than you are legally entitled to."

Friday, October 5, 2012

October Is National Disability Awareness Month

Presidential Proclamation -- National Disability Employment Awareness Month, 2012

- - - - - - -
In the 22 years since the signing of the Americans with Disabilities Act, we have made significant progress in giving all Americans the freedom to make of our lives what we will. Yet, in times of prosperity as well as challenge, people with disabilities have had fewer opportunities in our workplaces than those without. As we work to revitalize our economy, it is essential that each of us can bring our talents, expertise, and passion to bear in the marketplace. But a stronger economy is not enough; we must ensure not only full participation, but also full opportunity. During National Disability Employment Awareness Month, we recognize the indispensable contributions people with disabilities make in our economy and recommit to building a country where each of us can realize the full extent of our dreams.
Because America's workforce should reflect the diversity of its people -- including people with disabilities -- my Administration remains committed to helping our businesses, schools, and communities support our entire workforce. To meet this challenge, the Federal Government must be a model employer. That is why I was proud to sign an Executive Order in 2010 that called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. In 2012, the Office of Personnel Management reported on our progress, revealing that we are moving toward meeting our goal of hiring an additional 100,000 people with disabilities into the Federal workforce over 5 years. Today, more people with disabilities work for the Federal Government than at any time in the past 20 years, and we are striving to make it easier to get and keep those jobs by improving compliance with Section 508 of the Rehabilitation Act.
All Americans are entitled to an accessible workplace, a level playing field, and the same privileges, pursuits, and opportunities as any of their family, friends, and neighbors. This month, let us rededicate ourselves to bringing down barriers and raising up aspirations for all our people, regardless of disability, so we may share in a brighter future together.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2012 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.