Employers lose control of medical in New Jersey when they are unsuccessful in defending a Motion for Medical and Temporary Disability Benefits. Attorney Greg Lois discusses these common motions and provide an overview of the strategies used to defend them. This presentation includes a discussion of the recent decisions, stemming from Motions for Med & Temp, that led to medicinal marijuana being ordered in two recent cases.
Attorneys Tashia Rasul and Greg Lois discuss the recent case law developments in New York and New Jersey workers’ compensation cases involving medical marijuana. They cover the practical aspects of defending claims where medical marijuana is available, what standards the courts use when authorizing the use of marijuana, and practical aspects of paying for a substance that is on the Federal controlled substances list.
The New Jersey Department of Labor has announced that the maximum workers’ temporary disability compensation benefit rate for 2019 will be $921.00 per week and the minimum rate will be $246 per week. These rates take effect for new injuries occurred on or after January 1, 2019. Benefit rates in cases with dates of loss prior to January 1, 2019 do not get this higher rate – New Jersey does not have a cost of living increase for established claims. Continue reading New Jersey Announces 2019 Benefit Rate Change: $921 Per Week
Attorney Karen Vincent leads a presentation on the defense of off-premise injuries in New Jersey. In this presentation she discusses lunchtime injuries, accidents occurring during commutes to work, and “special missions.”
Continue reading Defending Off-Premises Injuries in New Jersey
Attorney Greg Lois discusses common defenses in New Jersey workers’ compensation claims.
The Division Of Workers’ Compensation’s jurisdiction includes medical fee disputes arising from New Jersey workers’ compensation claims.N.J.S.A. 34:15-15 states:
“Exclusive jurisdiction for any disputed medical charge arising from any claim for compensation for a work-related injury or illness shall be vested in the division.”
As evidenced by its situation inside of the New Jersey Workers’ Compensation section of the New Jersey Labor Statute, this provision is meant to apply to all New Jersey Workers’ Compensation claims.
Prior to the November 19, 2012 amendment to the New Jersey Workers Compensation Act (N.J.S.A. 34:15-15), the statue of limitations for fee disputes was set by N.J.S.A. 2A:14-1 as per Medical Diagnostic Assocs. v. Hawryluk, 317 N.J. Super. 338, 349 (App. Div. 1998), cert. denied, 160 N.J. 89 (1999). Under N.J.S.A. 2A:14-1, recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.” Continue reading The Statute of Limitations in New Jersey Medical Provider Claims