All posts by Karen Vincent

Karen Vincent is an associate attorney at Lois LLC where she defends employers and carriers in New Jersey workers’ compensation claims. She can be reached directly at kvincent@lois-llc.com or 201-880-7213.

Practical Advice for Bifurcated Trials in New Jersey

A recent decision serves as a reminder that when cases are bifurcated for trial, the ruling may only be limited to the issue before the Court. In Moran v. Cosmetic Essence, the Judge of Compensation issued a ruling on temporary disability following a bifurcated trial regarding the compensability of an alleged work-related injury. On March 14, 2018, the Appellate Division of the Superior Court of New Jersey remanded the matter finding that the workers’ compensation judge should not have ruled to award temporary disability benefits following a bifurcated trial on compensability.

The facts in Moran.

The petitioner, Nestor Moran, filed a Claim Petition alleging that he was injured on January 28, 2016 while lifting a heavy box. Respondent filed an Answer denying compensability and alleging that no accident occurred while working. Petitioner then filed a Motion for Temporary and Medical Benefits. However, due to the fact that the Respondent denied a work-related accident occurred, it was agreed that they would bifurcate the trial limited to whether a work-related injury occurred and if such an injury did not occur, whether the petitioner committed fraud by pursuing the matter. Continue reading Practical Advice for Bifurcated Trials in New Jersey

Court Reviews Evidence to Support a Finding that the Petitioner was deemed Permanently and Totally Disabled due Solely to the Last Compensable Accident

Karen Vincent, Esq.
Karen Vincent, Esq.

On October 30, 2017, the Appellate Division of the Superior Court of New Jersey in D’Angelo v. Archdiocese of Newark, N.J. Super. App. Div. (per curiam) (22pp.) issued a written decision affirming a prior compensation judge’s ruling that the petitioner was permanently and totally disabled from the last accident.

The petitioner, Teresa D’Angelo, was employed as a school bus driver for the respondent, Archdiocese of Newark/Christ the King Preparatory Schools at the time of the accident. On November 28, 2011, while driving the school bus, she was hit by a stray bullet from an AK-47. The bullet lodged in to petitioner’s pelvis causing multiple internal injuries. The respondent accepted compensability of the claim and authorized the petitioner to submit to treatment. Petitioner underwent authorized surgery and treatment to the pelvis, hips, abdomen, lumbar spine and PTSD. Continue reading Court Reviews Evidence to Support a Finding that the Petitioner was deemed Permanently and Totally Disabled due Solely to the Last Compensable Accident