JOHN F. RENNER, Esq.
New Jersey Work Injury Lawyer

Burlington County Location:
525 Route 73 North
Suite 104
Marlton, NJ 08053
856.596.8000


Camden County Location:
111 White Horse Pike
Haddon Hts., NJ 08035
856.354.2000



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Archive for April 2008

NJ Lawyers Practicing Work Injury Law Apply…

April 28, 2008

NEW JERSEY LAWYERS PRACTICING WORK INJURY LAW APPLY THE DEFINITION OF PERMANENT PARTIAL DISABILITY IN THE DETERMINATION OF WORK ACCIDENT BENEFITS TO EMPLOYEES INJURED IN THE COURSE OF EMPLOYMENT.

 

An award of permanency by a Judge of Compensation in New Jersey is one of the possible statutory benefits available to a worker in New Jersey who has suffered a work injury. The definition of permanent partial disability became law in NJ as a result of enactments of the state legislature in 1980 and then subsequently interpreted by the Supreme Court of New Jersey. According to our Court, the goals of the enactments that year provided for increasing awards for serious work accidents and to reduce awards for minor injuries. In applying the concept, the Court has held that demonstrable medical evidence of a disability that restricts the function of his or her body or items members or organs is essential. If the evidence is shown by the injured worker, there must also be a lessening to a material degree his or her working ability or that the disability is significant and not simply the result of a minor injury. If there has not been a measurable impairment of the ability to work , it is acceptable to consider disability in a broader sense of carrying on the ordinary pursuits of life.

Legal Quote of the Week:

Change just for the sake of change is not necessarily good. But, change to adapt to the situation is survival.

“Adapt- or Lose!”- Ohio State Bar Association Report, vol. XI, no. 21 (May 22, 1967)

NJ Work Injury Lawyers Consider Recent Court…

April 14, 2008

NEW JERSEY WORK INJURY LAWYERS CONSIDER RECENT COURT OF APPEALS DECISION FURTHER DEFINING THE “COMING AND GOING” RULE IN QUALIFICATION FOR NJ WORKERS COMPENSATION BENEFITS.

 

In a recent case decided by the Superior Court of New Jersey, Appellate Division, an injured employee of the NJ Turnpike Authority asserted a claim for statutory benefits under the NJ Workers Compensation Act for an injury the worker sustained in a car accident with another employee while traveling on an access road maintained by the employer. The Judge of Compensation hearing the testimony at the administrative law level found that the injured employee drove to the employer’s premises to retrieve a pay check at the time of the accident. As such, the employee was not within the scope of employment required by NJ Workers Compensation law in order to qualify for benefits. Course of employment refers to the time, place and circumstances of the accident in relation to the employment.

The Court further found that in the course of employment can be met if the injured employee even if not engaged in work duties if the accident occurred on the employer’s premises. The key issues for that determination involve the place of the accident and the control of the employer over the property on which the accident occurred. In the case before the Court, the injured employee was found by the Judge of Compensation to have left the employer’s portion of the complex at the time of the accident and choose an access road that was one of several means of ingress and egress to the employer’s premises.

Legal Quote of the Week:

The only government that I recognize …. is that power that establishes justice in the land, never that which establishes injustice.

Henry David Thoreau, John Brown’s Body, 1859.

NJ Work Injury Law Provides Compensation…

April 7, 2008

NEW JERSEY WORK INJURY LAW PROVIDES COMPENSATION TO JOB ACCIDENT VICTIMS WITHOUT CONSIDERATION OF FAULT AND IS GENERALLY THE ONLY REMEDY AVAILABLE AGAINST THE EMPLOYER.

 

Workers compensation law in New Jersey represents a compromise between the employer and the employee wherein both parties give up certain advantages in order to gain others which are deemed by the State of New Jersey as being more important both the employer and the employee and to society as a whole. For example, the injured worker has lost the right to sue under most circumstances for injuries sustained in the workplace in the civil courts of NJ seeking damages for negligence. That remedy for the work accident employee may have resulted in a higher award, if successful, but resulted in other workers not able to prove their case and receiving no award whatsoever.

Work accident benefits in New Jersey for the non-fatal work injury include statutory provisions for the payment of medical treatment, temporary wage disability benefits while the work accident employee is unable to work and has not reached maximum medical improvement and an award for permanent disability if there are objective residual consequences to the job accident after the employee has reached maximum medical improvement.

Legal Quote of the Week:

God forbid, my lords, that there should be a power in this country of measuring the civil rights of the subject by his moral character, or by any other rule but the fixed laws of the land! …. Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my lords, that where the law ends, tyranny begins.

William Pitt, “The English Constitution” speech delivered in the House of lords in reply to Lord Mansfield in the Case of Wilks, January 9, 1770

Thomas Jefferson, Notes on the State of Virginia, 1785