Greg Lois led a Seminar entitled ‘Introduction to New Jersey Workers’ Compensation’ on October 16th, 2008 at Pepsi’s NJ HQ. Contact Greg Lois or Joe Cobuzio to set up a training for your human resources/workers’ compensation team.
The Appellate Division affirmed the trial court in ‘Cucciniello v. The Sports Authority.’ Greg Lois wrote the Appellate Brief.
The Appellate Court found that a subsequent aggravating incident was not a “new injury” sufficient to break the chain of causation. This unpublished decision departs from the prior case law and basically holds that a superseding, new incident will not break the causal chains unless a doctor directly told the claimant not to engage in a specific activity.
Adjusters and risk managers are warned NOT to apply the reasoning of the Appellate Panel in reviewing specific cases; the poor reasoning employed by the Appellate courts basically serves to annihilate the ‘superceding/intervening’ defense which is one of the most well-settled tenets of western law/civil law.
Citation: Cucciniello v. The Sports Authority, App. Div. A-1235-07T3 (Decided September 24, 2008).
Tompkins presented a seminar to Gallagher Bassett Services at the Parsippany, New Jersey location on the recent changes to the administration of the Medicare Secondary Payer Act. Attorney Gregory Lois, of the Tompkins workers’ compensation department led a discussion with the claims professionals at Gallagher.