Cases
Significant Representative Matters: Successfully proved that client was not liable for any workers' compensation benefits for a quadraplegic who had a catastrophic fall at the respondent's quarry where the petitioner alleged the respondent was acting as a general contractor. Daryl Hopkins v. Lehigh Hanson, et al., Claim Petition no. 2012-12762, et al., (JWC E. Cox, Jun 16, 2015)
Successfully proved that petitioner, a graduate student
teaching assistant, was not considered an employee of a university when he was performing research for his graduate degree.
Published Works: Workers' Comp Update: The NJ Supreme Court One Again Affirms an Employers' Subrogation Rights, New Jersey Defense Magazine, July 2020
The Appellate Division Beats Back Another Challenge to the Intentional Injury Exception of the New Jersey Workers' Compensation Statute, Defense Digest, Vol. 25, No. 3, September 2019
New Jersey Workers' Compensation Section 40 Subrogation Provisions Beat Back a Challenge by the Motor Vehicle Insurance Verbal Threshold, Defense Digest, Vol. 25, No. 1, March 2019
Dot Your I's
Cross Your T's. Insurance Coverage Cancellation Must Be Done Right in New Jersey Workers' Compensation, Defense Digest, December 2018, Vol. 24, No. 4
Bifurcation, Compensability
Other Confusing Things in New Jersey Workers' Compensation, Defense Digest, Vol. 24, No. 3, September 2018
Burdens of Proof
the New Jersey Workers' Compensation Second Injury Fund, Defense Digest, Vol. 23, No. 2, June 2017
New Jersey Defense Association Newsletter, Spring 2018
Workers' Compensation Liens Rule!!! The Appellate Division Fends Off Another Challenge to Section 40 of New Jersey's Worker's Compensation Statute, Defense Digest, Vol. 22, No. 4, December 2016
What Did You Know
When? The Latest Analysis of the Discovery Rule Exception to the Statue of Limitations Defense, Defense Digest, Vol. 22, No. 3, September 2016
More Than 100% Disabled? The New Jersey Appellate Division's Latest Analysis of Permanent/Total Disability Benefit Awards, Defense Digest, Vol. 22, No. 1, March 2016
New Jersey Defense Association Newsletter, Spring 2016
Appellate Division Approves, but Limits, Sanctions in New Jersey Workers' Compensation Proceedings, Defense Digest, Vol. 21, No. 3, September 2015
The Appellate Division Weakens Workers' Compensation Dismissal Orders, Defense Digest, Vol. 21, No. 1, March 2015
Let It Snow! Let it Snow! Let It Snow! There Is No Bad Weather Exception to the Coming
Going Rule for NJ Workers' Compensation, Defense Digest, Vol. 20, No. 3, September 2014
New Jersey Defense Association Newsletter, Fall 2015
Not So Fast!!! The Court Reverses Dismissal of Unjust Enrichment Claim for Overpayment of Workers' Compensation Benefits, Defense Digest, Vol. 19, No. 4, December 2013
Further Expansion of Governmental Immunity Exception to Workers' Compensation Section 40 Liens, Defense Digest, Vol. 19, No. 2, June 2013
Exclusive Remedy Doctrine Of Workers' Compensation Act Is Reaffirmed, New Jersey Law Journal, October 26, 2012
Look Out Below! Petitioner's Intentional Injury Claims Falls Short of Piercing the New Jersey Workers' Compensation Bar, Defense Digest, Vol. 18, No. 1, March 2012
Once Again, There Is No Pain Or Suffering - Damages That Is - In New Jersey Workers' Compensation, Defense Digest, Vol. 17, No. 2, June 2011
New Jersey Defense Association Newsletter, Fall 2011
Once Is Enough! When It Comes To Considering Evidence Of The Plaintiff's Intentional Injury By The Employer And Loss Of The Workers' Compensation Bar, Defense Digest, Vol. 16, No. 4, December 2010
Life Is About Choices - So Too Is New Jersey Workers' Compensation Law When Addressing An Employer's Section 40 Lien Against A Pennsylvania Motor Vehicle Insurance Policy, Defense Digest, Vol. 16, No. 1, March 2010
New Jersey Self-Insurers Association Newsletter, August 2010
My Boss Made Me Do It! The Appellate Division Examines the Compensability of Injuries that Occur During Employer-Sponsored Social Events, Defense Digest, Vol. 15, No. 4, December 2009
Strict Statutory Interpretation - New Jersey Supreme Court Affirms Determination Of Improper Cancellation of Workers' Compensation Insurance Coverage, Defense Digest, Vol. 15, No. 2, June 2009
Liar! Liar! -- The Appellate Division Upholds The Imposition Of Penalties Under The Fraud Provisions Of The New Jersey Workers' Compensation Law, Defense Diges t, Vol. 14, No. 4, December 2008
Appellate Division Affirms Determination Of Improper Workers' Compensation Insurance Cancellation, Despite Carrier's Utilization Of State Insurance Bureau's Electronic Filing Procedures, Defense Digest, Vol. 14, No. 2, June 2008
Exclusive Remedy Applies Despite Violation of Contract, New Jersey Law Journal, September 17, 2007
Construction Company's Violation of Minority Business Contract Does Not Remove Protection of Exclusive Remedy Doctrine for Special Employer, Defense Digest, Vol. 13, No. 1, March 2007
Actual Lost Income Must Be Shown, New Jersey Law Journal, December 11, 2006
Last Call! The New Jersey Supreme Court Waters Down the Intoxication Defense in Workers' Compensation, Defense Digest, Vol. 12, No. 4, December 2006
A Watered Down Intoxication Defense, New Jersey Law Journal, November 6, 2006
Prove It! -- The Appellate Division Restates The Petitioner's Burden Of Proof For New Jersey Workers' Compensation Temporary Disability Benefits, Defense Digest, Vol. 12, No. 3, September 2006
The Appellate Division Further Clarifies The Computation Of Weekly Wages Under The New Jersey Workers' Compensation Act, Defense Digest, Vol. 12, No. 1, March 2006