Proof Requirements
NJ Superior Court – Appellate Division
Gross v. Borough of Neptune City
378 N.J. Super. 155 (App. Div. 2005)
Decided June 10, 2005
The Appellate Division affirmed the decision of the workers’ compensation judge and held that, pursuant to N.J.A.C. 12:235-3.9, surveillance videotapes of a petitioner will not be admissible as evidence unless the party offering such evidence has, prior to trial, given notice of its intent to present such evidence. Without such pre-trial disclosure, surveillance videotapes will be deemed inadmissible unless the employer can show it was unaware, and could not have been aware, of the facts warranting surveillance prior to trial.Maria Prata v. Banner Pharmacaps, Inc.
355 N.J. Super. 155 (App. Div. 2002)
Decided November 19, 2002
The Appellate Division, in reversing the decision of the workers' compensation judge, reaffirmed the requirements of the Perez and Allen decisions that petitioner must establish his or her case with current objective medical evidence of permanent impairment.Pauline Feltman v. Transistor Devices, Inc.
355 N.J. Super. 36 (App. Div. 2002)
Decided November 12, 2002
The Appellate Division affirmed the judge of compensation's decision that petitioner's dependency claim failed to establish that her husband's death from a heart attack met the requirements of NJSA 34:15-7.2. The court provides an extensive analysis of the statutory requirements and needed proofs a claimant must present in cardiovascular cases.