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TRIAL WIN: Attorney Karen Vincent Prevails on Dismissal in New Jersey

LOIS attorney Karen Vincent prevailed in the defense of a motion to restore in the New Jersey Workers’ Compensation Court. In that case, where Vincent represented the carrier, the petitioner filed a formal claim petition alleging an accident on June 11, 2016 with significant injuries to the lumbar spine. LOIS filed a Motion to Dismiss for lack of employment arguing that the petitioner was a 1099 independent contractor. Petitioner was unable to oppose the original Motion and instead requested a consensual dismissal without prejudice for lack of prosecution.

Several months later, the petitioner filed a Motion to Restore the claim. LOIS again prepared Opposition to the Motion advising that the petitioner had not provided any new discovery to prove employment.

On July 16, 2019, this case was listed as the Motion to Restore. Petitioner’s attorney requested the Court consider allowing him to withdraw the Motion without prejudice so that he could further investigate employment. However, Attorney Vincent pointed out to the Judge that the case had originally been dismissed for that same reason and that the accident was now three years old.

In light of same, the Judge of Compensation held a hearing on the Motion and attorney Karen Vincent won a dismissal WITH prejudice, which is beneficial to the employer because it means the petitioner can never bring those claims again.

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This is the 2023 edition of Gregory Lois’New Jersey Workers’ Compensation Law Handbook.”

THE MOST PRACTICAL, up-to-date, and easy-to-understand guide to workers' compensation claims in New Jersey. This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers, and vocational rehabilitation workers. This guide is written in plain English by a New Jersey State attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions including 2021 & 2022 cases; and a full description of current practice.

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Learn More About New Jersey Workers’ Compensation Defense at LOIS

For more than 20 years we have represented insurance carriers, self-insured employers, third party claim administrators, and employers before New Jersey’s Division of Workers’ Compensation. Our founding partner, Gregory Lois, is co-author of the LexisNexis “Practice Guide to Workers’ Compensation in New Jersey” (2017, ISBN:9781632838735) and served as Law Clerk to Hon. Joan Mott, Administrative Supervisor of Workers Compensation.

Along with partners Karen Vincent and Joe Jones (New Jersey Practice Group Team Leader) and a dedicated team of experienced attorneys and paraprofessionals, we handle New Jersey cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. The attorney/paralegal assignments are made based on the court the case will be listed in.

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