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Dennis Michael Baptista
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Dennis Baptista’s Answers

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  • Updated I was assaulted at work now i am experiencing ptsd and anxiety . Workers comp said it is not work related

    I was assaulted at work and am suffering from ptsd anxiety and mild depression from the anxiety workers comp said to me today tjat it was not work related so they wont cover it. They said my physcoligist i went to has to put im the paper work it w...

    Dennis’s Answer

    If the subject matter of the assault was work related, then this incident would entitle you to workers compensation benefits. If the subject matter of the assault was not work related then you would not be entitled to workers compensation for this incident.

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  • I was assaulted at work now i am experiencing ptsd and anxiety . Workers comp said it is not work related

    I was assaulted at work and am suffering from ptsd anxiety and mild depression from the anxiety workers comp said to me today tjat it was not work related so they wont cover it. They said my physcoligist i went to has to put im the paper work it w...

    Dennis’s Answer

    If the subject matter of the assault was work related then you are entitled to receive workers compensation benefits for this incident. If the subject matter of the assault was not related to work then no, even though it happened on the job site.

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  • Can a person revoke their Worker's Comp Settlement Agreement?

    In NJ - A woman accepted a Settlement Agreement regarding her workers comp case. The case had been going on for over 10 years. She is permanently disabled as a result of the work injury. Supposedly, the insurance carrier was going into liquidation...

    Dennis’s Answer

    Probably not. She is going to have a difficult time proving that she did not understand the terms of the settlement agreement that she entered into. There are no "out of court settlements" in NJ Workers Comp. All settlements are made in court and placed on the record. This woman would have had to take the witness stand - and the Judge would have to find that she 1)understood the terms of the settlement,2) knew she had a right to a trial but voluntarily waived it and 3) that the settlement amount was fair - before approving the settlement. If she still wants to pursue this - she should obtain a copy of the transcript of of her testimony on the day that the settlement was approved by the judge. She can obtain that from the court reporting service that appears on the settlement order. Then bring the transcript to a WC lawyer to review.

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  • Do i get checks from workman's comp when claim is still open even tho i got terminated from job

    still need to have surgery on my right arm

    Dennis’s Answer

    The short answer is YES... but this is a hot topic right now in NJ Workers Comp Law. Many insurance company lawyers will try to discontinue your temporary benefits on the grounds that you are no longer part of the work force... pursuant to a terrible decision rendered by the appellate division in Cunningham vs. Atlantic States. You can win that claim if it is made against you but you may need to go to court and fight it.

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  • Punched in back of head, 6 months of headaches

    In September I was diagnosed with a concussion after an assault at the workplace(Car dealership) by a fellow employee. He started a fist fight, i defended myself, and after our boss(his cousin, who moments earlier threatened to break my arms) pull...

    Dennis’s Answer

    Whether or not you are entitled to workers compensation benefits under NJ law as a result of this incident depends upon the subject matter of the fight. If the fight was over something related to the workplace (for instance which of you are entiled to the commission on a car sale) then you will be entitled to recieve workers compensation benefits. If the subject matter was non-work related (for example he suspects that you are dating his wife) then it is not considered to be a work related injury for which you can recieve workers compensation benefits.

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  • Fired or discharged while on WC in NJ ?

    Long story short, i have a WC case in NJ. I have allot of absences even no call no shows because of my condition. Insurance doctors provide little to no help in getting notes for missed days. Mind you im in allot of pain and most mornings have tro...

    Dennis’s Answer

    Your workers compensation temporary disability benefits must continue to be paid even though you were discharged from your employment - provided you have not removed yourself from the job market. In other words, you must be able to show that you would be looking for a job if your treating doctor was not instructing you to temporarly remain out of work until you are better. Once you MMI your temporary disability benefits will stop. At that point in time whatever problems you have will be deemed permanent in nature for which you will eventally recieve permanent disability benefits.But before the nature and extent of your permanent disability can be determined, you will have to be evaluated by your lawyer's medical experts and the insurance company's medical experts. In many cases those evaluations do not even take place until 6 months after your temporary disabilty benefits have ceased.

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  • Do I have a case if I had a lung collapsed that was probably due to work environment?

    During the time I was employed, there were constantly construction being done in the building. I was noticing during that time, I was getting more ill then normally.

    Dennis’s Answer

    The short answer is YES. NJ Workers Comp is a no-fault system. You are entitled to recieve workers compensation benefits if you are injured at work, regardless of who is at faut for your injuries. In most cases the employee is injured in traumatic accident - such as lifting a heavy object or falling down. But many times a worker is injured on job not as the result of any particular accident, but because of the exposure over time to the work environment - such as loud noise which slowly causes hearing loss or in your case noxious dust and fumes which causes a pulmonary disability. These "occupational diseases" are work related injuries just as much as traumatic accidents - but they are often fought much harder by the insurance companies.

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