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In American Millennium_v. Berganza, the Court examined the case where a drywall subcontractor, Mr. Berganza, obtained workers’ compensation coverage with American Millennium Insurance Company on January 18, 2003, with an effective date of January 19, 2003. On January 21, 2003, Mr. Berganza’s employee, Jose Arias, fell off of a ladder and broke his leg on the work site. The trial judge found that Mr. Berganza reported the accident to the broker three days after the accident, and that on January 29 or 30 American Millennium issued the insurance policy to Mr. Berganza, with an effective date of January 19, 2003.

However, American Millennium refused to provide workers’ compensation coverage for Mr. Arias and filed suit to rescind the policy after a review of their documents revealed that Mr. Berganza made fraudulent statements in the insurance application process. The insurer also claimed that, considering the fact that Mr. Berganza waited three days to report the accident while his application for a back-dated policy was pending, he had committed fraud.

The Appellate Court in New Jersey held that American Millennium could not deny its obligation to the injured employee based on fraud committed by the employer because the workers’ compensation policy was in effect on the date of the injury, and there was no valid cancellation. Case law, as explained in American Millennium, established that a workers’ compensation carrier cannot void a policy in an instance where the application by the employer contained fraudulent statements.


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Many people know who Ralph Nader is as a political activist, but few would know that he recently opened a Tort Museum in Connecticut. “Tort law” is a legal phrase that gets tossed around a lot, but not many people understand what it truly entails. Tort law is the part of our judicial system that governs claims for wrongdoing, whether the wrongdoing is something done by a corporation or an individual. If you are injured by the acts or omissions of big business, or by the negligent driver of a car that ran into you, you have the right to participate in tort law by filing a law suit in the appropriate court.

This summer, Mr. Nader opened a museum in Winsted, Connecticut to address the history of tort law and the important cases where consumers have been helped by someone filing a law suit against “big business.” Recently, he participated in an interview where he stated that the judicial system in the United States is the only part of our government where one individual acting on their own can change the way business is done.


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On August 28, 2015, in the case of Rajpaul v. McDonalds Corp (A-4681-13T4), the Appellate Division reversed the Workers’ Compensation Judge’s order, which had dismissed Mr. Rajpaul’s claim for failure to file a workers’ compensation claim within the two year statute of limitations period. The facts of this case reveal that Mr. Rajpaul worked in maintenance for McDonalds Corporation from 1995 through 2005. Beginning in 1995, he began to experience pain in his shoulders, wrists and elbows. He was seen for shoulder pain at least four times over the years, and in 2001 he was diagnosed with bilateral bicipital tendonitis of the shoulders, which was resolved with treatment. During this time, he never filed a workers’ compensation claim for the tendonitis.

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On June 11, 2015, the Supreme Court of New Jersey reversed the Appellate Division’s decision in the Estate of Myroslava Kotsovska v. Saul Liebman case and held that the trial court was correct in awarding wrongful death benefits to the estate. In this case, Ms. Kotsovska was hired by Saul Liebman’s daughter to provide in home care for her father, who was 89 years old. She agreed to cook meals, do laundry and do light housekeeping in exchange for being paid $100 per day, cash. There was nothing in writing to formalize the agreement between the parties.

On December 8, 2008, Liebman and Kotsovska were running errands and stopped for lunch at a local diner. Liebman was driving. He dropped Kotsovska off on the sidewalk in front of the diner while he pulled into a parking space in front of where she was standing. Liebman accidentally pushed the accelerator, causing the car to pin Kotsovska against a wall. Unfortunately, she died from her injuries.

Ms. Kotsovska’s estate filed a wrongful death suit against Mr. Liebman, but did not file a workers’ compensation claim. Liebman argued that the case should be transferred to the Division of Workers’ Compensation for a determination of Kotsovska’s status as an employee versus an independent contractor. Mr. Liebman’s homeowner’s carrier stipulated that the accident arose from Kotsovska’s employment.


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Are you still covered by New Jersey workers’ compensation benefits? The answer in New Jersey is generally “YES.” The workers’ compensation law in New Jersey is much more lenient on these types of issues than in our neighboring state of Pennsylvania. In a recently publicized workers’ compensation case in Pennsylvania, a manager of a liquor

Effective Jan. 1, 2015, the maximum weekly benefit for work related injuries increased from the maximum rate of $843 in 2014 to the maximum rate of $855 in 2015.  This weekly benefit rate is the maximum dollar amount an injured worker can receive if the worker is kept out of work by the authorized workers’

In 2014, the Camden County Bar Association’s Workers’ Compensation Committee presented a seminar on the topic of commuting injuries in workers’ compensation cases.  As co-chair of this committee, I was one of the speakers.  This seminar focused on the Premises Rule and the many exceptions to that rule.  The “Premises Rule” came about as the

Did you know that it is against the law for an employer to discriminate against or fire and employee for claiming workers’ compensation benefits?  The law is very clear that an employer cannot retaliate against an employee for filing a workers’ compensation claim.

N.J.S.A. 34:15-39.1 states in part the following:

It shall be unlawful for