New Jersey Court: Injured Delivery Driver Can’t Collect Damages

April 9, 2008

  • April 9, 2008 at 5:26 am
    lastbat says:
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    Sorry for the slip.

    My state just recently discontintued exclusive remedy and every time I get a difficult claim I wait for the employee to lawyer up and I start crunching settlement figures. I’ve only had to settle twice so far in this job, but that’s still two times more than I’d like.

    Almost every day I wish for a federalized workers’ compensation system with Washington’s online claims managemet system, Oregon’s return-to-work assistance, Idaho’s employer control of medical providers and workers’ compensation as exclusive remedy. It’ll never happen, but it’s a good dream.

  • April 9, 2008 at 6:16 am
    Hang on lastbat says:
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    Hang on to your dreams, Bud (good name for a song, huh?) Keeps us going. We are still exclusive remedy, but those delightful(?) attorneys still try an end run.

  • April 10, 2008 at 8:56 am
    Jack J Maniscalco says:
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    I do not understand…why every one of these message boards is turned into a “Hyde Park” type sopabox where every blithering idiot feels obligated to spout he or her political/racial/religious, etc beliefs…then hide behind a screen name!

    This patricular posting started as a discussion of WC and exclusive rememedy and degraded into childish whining.

    People, let’s keep to the point of the articile under discussion and leave the remaining points of view to other boards.

    We have a right to free speech, but also an obligation to use it responsibly.

    I have found others’ opinions and points of view of value when confined to the insurance matter at hand. When the discussion devolves into typical internet snide comments and “gotchas”, the value of the exchange is diminished.

    I apologize for mouting my “soapbox”, but at some point one of us has to ask for a return to the purpose of this particular messgae board.

  • April 10, 2008 at 9:36 am
    spiritsoul777 says:
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    Jack,
    You sound like you know nothing about civil rights and lawsuits. The man has a right to file a negligence lawsuit simply because the employer is responsible for providing the employee with things for prevention and for safety precaustions because of the type of job he has and could be put at jeopardy. The employee said he kept going to his employer for that very reason. Depending on how he files his lawsuit, is dependent upon how the judge rules.

    You sound like an egotistical person. People have the right to use a name other than their real name. It is people like you that prevent the truth from being talked about.

    If there wasn’t so much corruption going on in every area of business, we as consumers wouldn’t be so skeptical of business practices going on, as well as corruption in the judiciary.

    The United States and the system of justice, values, and ethics has broken down, as you see every day what is being exposed in every part of government, businesses, etc.

  • April 10, 2008 at 9:46 am
    Jack J Maniscalco says:
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    spiritsoul777,

    Evidently, you misunderstand the point I was trying to make. I would like this board to stick to the point of insurance and its attendant topics. That does include civil actions, torts, etc.

    Denigrating one’s religious beliefs has nothing to do with our business. Those types of postings are better served on other discussion boards.

    If I did not make myself clear, I apologize for the misunderstanding.

    If, on the other hand, you prefer to use this as your platform for righting the wrongs of the world, please continue to use the same screen name. It will aid me in my “egotiscal” editing of my reading materials.

  • April 10, 2008 at 1:36 am
    INSURANCE IDIOT says:
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    But keep it to insurance.

  • April 10, 2008 at 5:42 am
    Anne says:
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    Al is a plain old bigot not just a religious one. He obviously has a mental illness and his type is what is bringing this country down.

  • April 10, 2008 at 5:54 am
    charlie says:
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    Why would monopolistic states like the ones you mentioned be better than states without the monopoly but still have the exclusive remedy doctrine? What state are you in? W/C is a weak area for me hence the question. Oh and thanks for the advice on dealing with Al (and spiritsoul777 for that matter) as I will just ignore their postings and not open or read them and I suggest to others to do the same. Great posts NI and Jack.

  • April 10, 2008 at 6:03 am
    lastbat says:
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    Actually the only monopolistic state on the list was Washington; Oregon and Idaho are free-market states for W/C.

    The problem for those of us on the consumer end of workers’ compensation is the disparate laws in the various states. Most states have the same basics, such as: 3 days before time-loss; you have a year to file; 5 years for aggravation; and so forth. Where we run into problems is in how states deal with moving a claim forward. A federal system would alleviate that. I use western states because my company currently doesn’t operate east of the Rockies.

    Washington L&I has a kick-*ss online claims-management system in ORCA. I can see everything I need to in almost real-time. The only other system that even approaches it is SAIF’s (Oregon’s state-owned workers’ comp provider) and even they don’t give me everything I want. Oregon has the Employer-At-Injury Program, funded by workers’ comp premiums (but doesn’t drive the premiums up). EAIP pays for wage reimbursement, tools, jobsite modifications and other items to assist in bringing workers back on modified duty. This is coupled with the Preferred Worker Program, that goes beyond the basic premium exemption and claim-forgiveness of most states and includes thousands of dollars in wage reimbursement and jobsite modifications. Idaho allows me to tell my employees where to go if they are injured on the job so I can guarantee a good relationship with the provider and don’t have to worry about my employee going to a doctor that doesn’t understand workers’ comp and hates employers.

    Just my thoughts.

  • May 20, 2008 at 8:27 am
    jffmaryann says:
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    It seems to me that when an individual is dispatched to do a job whether it is fixing an appliance or making a provision delivery he should be protected by the laws of our country. In no way should his family shoulder the expense and agony that was caused by faulty training on the part of his employer. All safety equipment should have been on the vehicle and if it was it should have been in operating condition. The record of the employee should be taken into consideration when placing the responsibility of the accident. In closing the state of New Jersey should have stood behind an injured worker and not vie for the big business giving the survivor and his family relief



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