Insights and analysis from our attorneys
A common argument made by petitioners' attorneys is in favor of wage reconstruction. This principle, as outlined in the seminal NJ Supreme Court opinion of Katsoris v. South Jersey Pub. Co ., 131 N.J. 535 (1993), allows a Judge of Compensation to reconstruct a part-time employee's average weekly wage (AWW) to obtain a higher permanency rate on his...
On September 9, 2013, the Workers' Compensation Automation and Integration System (WCAIS) went live in Pennsylvania. From day one, the Bureau of Workers' Compensation (Bureau) has been faced with...
The FDA issued two new, highly anticipated draft guidance documents to instruct manufacturers as to the requirements of when to submit a new premarket notification (510(k)) following a change to...
The New Jersey Supreme Court amended and adopted new Rules Governing the Courts of New Jersey, effective September 1, 2016. Some of the highlights for the civil practitioner include changes to the...
A recent decision out of Atlantic County, New Jersey, continues to bode well for the application of the learned intermediary doctrine. The learned intermediary doctrine is a defense rule that...
Those familiar with New Jersey procedural law are also familiar with the "entire controversy" doctrine. The entire controversy is codified in a court rule, specifically, R.4:30A, and provides in...
University of Connecticut, City College of San Francisco, University of Central Florida, University of Virginia, University of Northern Iowa, Southern New Hampshire University; aside from being...
In Duffey , the Commonwealth Court was presented with the claimant's appeal from the WCAB decision reversing a WCJ's decision that the IRE submitted by the employer was invalid because it did not...
In the case of IA Construction Corporation v. WCAB (Rhodes) , 2016 Pa. LEXIS 1070, the Pennsylvania Supreme Court held that a workers' compensation judge has the authority to reject the...
Claims adjusters in virtually all jurisdictions are bound by a code of ethics. Many adjusters are licensed and practice in multiple states and therefore have multiple codes that they must follow....
Indeed, the most frequent attack made upon physicians who perform independent medical examinations for defendants is an attack on the doctor's financial profile, i.e., how much money does the...
Generally speaking, employers do not have to pay unemployment, disability, or social security taxes or workers' compensation premiums for independent contractors. Under New Jersey law, employers...
The Supreme Court decided EEOC v. Abercrombie & Fitch Stores, Inc . one year ago on June 1, 2015. At the time it was unclear what effect it might have on employers. The facts of the case are...
In Peter Schatzberg, DC and Philadelphia Pain Management v. WCAB (Bemis Company, Inc.) , the Pennsylvania Commonwealth Court recently denied a Penalty Petition filed by a medical provider alleging...
In Amarin Pharmaceutical vs. FDA, a preliminary injunction granted by the Southern District of New York prohibited the FDA from taking action against Amarin over truthful, non-misleading "off...
On April 14, 2016, the Honorable Robert A. Mazzoni of the Lackawanna County Court of Common Pleas granted a Motion for Reconsideration, reversing an earlier decision permitting Cooper...
In Geological Assessment & Leasing v. O'Hara , 780 S.E.2d 647 (W.Va., 2015), the Supreme Court of Appeals of West Virginia considered three consolidated appeals, each arising out of a circuit...
On December 4, 2015, President Obama signed into law the Fixing America's Surface Transportation Act (FAST Act), which is the first federal law in more than ten years to provide long-term funding...
The Food and Drug Administration (FDA) issued a release on January 26, 2016, of draft guidance on postmarket management of cybersecurity in medical devices 1 . The FDA has made recommendations to...
Anyone familiar with New Jersey's premises liability law is also familiar with the mode-of-operation liability principles applied to cases where a dangerous condition of the property has been...
In the case of Robert Dietz (deceased) by Judith Dietz v. WCAB (Lower Bucks County Joint Municipal Authority ), No. 2051 C.D. 2014, 2015 Pa. Commw. LEXIS 532, the Commonwealth Court addressed the...
