Wednesday, December 22, 2010

Temporary Disability Benefits New Jersey Workers' Compensation

Cherry vs. Edmund's Direct Mail 09-21068 decided November 29, 2010 by the Honorable Carmine J. Taglialatella, J.W.C. - reserved decision.
Petitioner claimed that she was entitled to restoration of temporary disability benefits. She was treated and released from care by an authorized physician, she received temporary disability benefits during the time of this treatment. She was placed on permanent restrictions in her ability to work. She was terminated from her job because respondent could not accommodate her medical restrictions. She consequently received unemployment benefits (which ceased after a year), and she afterward needed further treatment for the foot wound. Respondent accepted responsibility for providing additional necessary medical treatment, but denied any temporary disability was due petitioner during the time of such follow-up treatment.  After reviewing pertinent statutes and caselaw, the Judge of Compensation found the petitioner was entitled to temporary disability benefits during the time of such authorized follow-up treatment.

Monday, December 6, 2010

DWI/DUI Dismissed On Double Jeopardy Grounds

STATE V. HAND, DOCKET NO.  A-3901-09T3

"In this appeal by the State, we determine whether a guilty
plea to fourth-degree  creating a risk of widespread injury or
death, N.J.S.A. 2C:17-2(c), precluded  defendant's subsequent
prosecution in municipal court for certain motor vehicle 2
offenses.  Defendant moved before the municipal court to dismiss
the motor vehicle charges on double jeopardy grounds.  The
municipal judge denied the motion.  On appeal de novo to the Law
Division, Judge Kyran Connor granted the motion, vacating the
guilty pleas and dismissing the  complaint on double jeopardy
grounds.  We affirm."

http://www.sfhlaw.com/