eNotes: Workers’ Compensation – January 2024 – New Jersey

SIGNIFICANT CASE SUMMARIES

New Jersey Case Summary

Soto v. Hoosier Care, Inc.
New Jersey Superior Court
No. A-0507-22, 2023 N.J. Super. Unpub. LEXIS 2254 (N.J. Super. Ct. App. Div. Dec. 11, 2023)

Decided: December 11, 2023

An employee who worked and attended school can be eligible for temporary disability benefits after unemployment benefits are terminated.

Background

Petitioner was working as a CNA when she was struck by a picture frame that fell off the wall. Neck, head, back, and shoulder injuries were sustained. Petitioner received authorized care and a period of wage loss benefits, and settled her claim via Order Approving Settlement on March 17, 2021 for 25% partial total. After her release to return to work, Petitioner had left her prior employment, and she was in and out of full time work. Following the settlement of her claim, Petitioner lost employment with her subsequent employer, and enrolled as a student. Petitioner continued to work on and off in a part time capacity. Petitioner filed an application for modification alleging increasing frequency of headaches, and more intense pain in her shoulder, and was unemployed at the time of the application. Petitioner was sent back to her treating physician for review, where she was diagnosed with a C5-C6 disc collapse with the opinion that the April 21, 2018 work injury was a material contributing factor. Surgery was recommended, and Petitioner was taken out of work. Petitioner filed a Motion for Temporary Disability benefits, which was granted. The JWC found Petitioner to be “extremely credible,” and found that Petitioner did not voluntarily leave the workforce. Respondent moved for reconsideration and stay of the decision. The JWC issued an amplification of the prior decision granting benefits.
Respondent appealed the decision, indicating that Petitioner voluntarily removed herself from the workforce to attend college. Respondent argued that Petitioner failed to meet her burden as she was unemployed and attending college at the time of the re-opener petition’s filing, and that the JWC unreasonably relied upon hearsay and unpublished decisions.

Holding

The Superior Court upheld the JWC’s Decision finding that the sole benefit for an injured worker is temporary disability benefits. The Court reasonably relied upon Petitioner’s statements during testimony. The time of injury employer and Petitioner’s status as a student was not enough for the Court to overturn the findings.

Takeaway

Once benefits are awarded in a previous round of litigation, a respondent will need a medical opinion to rely upon in order to argue causation. The JWC may reinstate benefits, unless there is a medical component to the defense.

Questions about this case can be directed to Caroline Gentilcore at (908) 528-2600 or cgentilcore@tthlaw.com.