It is commonly understood that a person that suffers an injury while working may be able to recover workers’ compensation benefits. If a person hurt on the job sustains subsequent harm, however, there may be a dispute over the nature of the injury and whether it is compensable. This was demonstrated in a recent New Jersey opinion in which the court rejected the plaintiff’s claim that her work injury rendered her totally disabled. If you are unable to work due to an injury on the job, you may be entitled to benefits, and it is advisable to speak to a seasoned New Jersey workers’ compensation attorney about your disability.

The Plaintiff’s Harm

It is reported that in 1999 the plaintiff suffered injuries in a work-related car accident while she was employed with the defendant. In 2003, she was awarded partial permanent disability benefits for bulging discs in the cervical and lumbar spine. In 2002, the plaintiff was involved in a second car crash in which she injured her knees and back. Then, in 2005, the plaintiff sought a modification of her damages award, alleging her injuries had worsened. The matter was tried in 2016. The court noted that the plaintiff had fallen twenty-eight times since her initial accident, causing fractures and increased neck and back pain.

Allegedly, she also required care from a home health aide and was rendered totally disabled by an expert who examined her in 2011, 2014, and 2016, noting she reported the same symptoms each time. The workers’ compensation judge reviewed her medical records and found her testimony to be unreliable and stated that she failed to establish causation. Thus, the judge found no causal connection between the plaintiff’s current condition and the 1999 accident, and the plaintiff’s petition for a modification was dismissed with prejudice. The plaintiff appealed, but on appeal, the appellate court affirmed the trial court ruling. (more…)

While some workplace injuries resolve in a relatively short time, others result in permanent disabilities. If an employee is permanently disabled due to a work-related injury, he or she may be entitled to permanent disability workers’ compensation benefits. An employee must meet certain requirements to prove a permanent disability, as discussed in a recent case in which an employer disputed whether an employee was entitled to permanent disability benefits. If you sustained an injury at work that left you permanently unable to earn an income, you should confer with an experienced New Jersey workers’ compensation attorney about what benefits you may be owed.

Facts of the Case

Allegedly, the employee worked as a framer for the employer construction company. The employee fell off a sixteen-foot scaffold and suffered injuries to his ankles and right shoulder, after which he filed a petition for workers’ compensation benefits. He underwent a surgical reduction of the fractures in his ankles that involved the installation of plates and screws, and arthroscopic surgery in his shoulder. Following his surgeries, the employee continued to suffer swelling and pain in both his shoulder and in his ankles.

It is reported that during the trial, the employee testified that his injuries prevented him from returning to work as a framer. The employee also presented testimony from medical experts who opined on the extent of the employee’s limitations and the percentage of the employee’s disabilities in his shoulders and in each ankle. The employer presented medical expert testimony in opposition to the plaintiff’s experts. The judge ultimately ruled that the employee suffered a forty-five percent partial total disability, after which the employer appealed. (more…)