An influx of new medical provider claims in New Jersey Workers’ Compensation Court is imminent following a recent decision by the Supreme Court of New Jersey. On February 3, 2020, the Supreme Court of New Jersey issued a decision affirming the judgment of the Appellate Decision that the applicable statute of limitations for medical provider claims...
Insights and analysis from our attorneys
C&W Journal
March 19, 2020
NJ Supreme Court Clarifies Statute of Limitations for Medical Provider Claims Arising from Treatment for Work Injuries
March 17, 2020
CORONAVIRUS - Travel? Exposure? What Can You Ask Your Employees?
We are all aware of the on-going implications to employers as the Coronavirus, both confirmed cases and concerns from employers and employees alike, spreads rapidly across our region. Cipriani ...
March 17, 2020
CORONAVIRUS - FLSA Issues Related to Work at Home Opportunities
We are all aware of the on-going implications to employers as the Coronavirus, both confirmed cases and concerns from employers and employees alike, spreads rapidly across our region. Cipriani ...
March 13, 2020
President Trump's Plan for Dealing with Impact of Coronavirus...
On March 11, 2020, President Trump delivered an Oval Office address intended to confront the issues surrounding the Coronavirus. In his address, President Trump outlined a three-stage plan for...
March 13, 2020
COVID-19: New Jersey WARN Act Expanded to Include New Mandatory...
Closing shop or reducing your workforce? New changes in New Jersey now require mandatory severance pay. On January 21, 2020 the Governor of New Jersey signed Senate Bill 3170, which enlarges the...
March 12, 2020
NJ Supreme Court Holds Employers May Not Discriminate Against...
Until yesterday, the interplay between New Jersey’s Compassionate Use Act and the Law Against Discrimination (“LAD”) was unclear. In a landmark decision, Justin Wild v. Carriage Funeral Holdings,...
March 11, 2020
CORONAVIRUS - How Employers Address Employee Need for Leaves of...
As noted several times in our prior articles published over the last week, the CDC recommends that businesses encourage employees with symptoms of acute respiratory illness to stay home until free...
March 09, 2020
CORONAVIRUS - Is it Work Related and are Employers Potentially...
The short answer, maybe. Each state has specific rules and regulations defining what is covered as an accidental injury and/or occupational disease under their workers’ compensation statutes....
March 06, 2020
CORONAVIRUS - Employers Have a "General Duty" to Act
OSHA governs health and safety regulations in the workplace. When a disease or virus has a significant impact on a global level, the World Health Organization will declare a pandemic. As an...
March 05, 2020
Coronavirus - A Recommended Employer Response
In recent weeks, we have been tasked with learning about and preparing an appropriate response for the Coronavirus –COVID-19. According to the CDC, Coronaviruses are a large family of viruses that...
March 03, 2020
NJ Supreme Court Affirms Lower Courts' Decisions in Felix v....
Guerline Felix v. Brian V. Richards , New Jersey Supreme Court (Opinion Date: February 26, 2020) The New Jersey Supreme Court recently affirmed the lower courts' decisions rejecting GEICO's...
September 27, 2019
DOL Issues Final Rule on Overtime Thresholds
On September 24, 2019, the U.S. Department of Labor announced a final rule to make 1.3 million American workers newly eligible for overtime pay. The final rule updates the earnings thresholds...
June 04, 2019
NJ PIP Reimbursement Disputes: To Arbitrate or Litigate?
The New Jersey Appellate Division recently handed down a published decision regarding NJ PIP subro claims against self-insured commercial auto tortfeasors. (The decision will also apply to PIP...
March 26, 2019
Medical Marijuana in PA Workers' Comp - More Questions than...
The legalization of marijuana for both medical use and recreational use is a hot topic in legal circles these days. There are many ramifications to both types of legalization, involving many...
February 28, 2019
Courts Crack Down on Spoliation But Reluctant to "throw the...
When a new trucking accident case is assigned to defense counsel, one of the first things to be accomplished is to ensure that all relevant evidence is accounted for and preserved. While most of...
September 11, 2018
New Jersey Governor Signs Legislation Limiting Fee Reduction for...
As many New Jersey Workers' Compensation defense practitioners are aware, the bona fide voluntary tender (or "VT") has been an effective vehicle to permit employers to offset a portion of attorney...
July 10, 2018
PA Supreme Court Interprets Section 319 of the Workers'...
The Supreme Court of PA has been very busy so far this summer with Workers' Compensation matters. Shortly on the heels of the Court's decisions in Whitfield and Pavlack , which dealt with Protz...
June 19, 2018
IREs Post-Protz - Does Timing Matter?
Decisions in two cases involving Impairment Rating Evaluations (IRE) were decided by the Commonwealth Court on June 6, 2018. The cases were Whitfield v. WCAB (Tenet Health System Hahnemann LLC)...
January 09, 2018
A Firm Can Avoid Conflicts By Making A Referral, Right?
Every lawyer has been taught that when a conflict of interest exists with a client, one solution is to make a referral to another lawyer. However, will the referral avoid a conflict of interest...
December 15, 2017
Attorneys Beware — Cybercriminals are After Your Client's Money
Remember the days of sending letters to clients and opposing counsel? Over the years, this practice has diminished and emails have become the most common type of communication. Email has become an...
August 15, 2017
The Settle and Sue Doctrine Revisited
In June 2017, the Pennsylvania Supreme Court granted a petition for allowance of appeal to consider whether it should overturn its decision in Muhammad v. Strassberger, McKenna, Messer, Shilobod ...