Jones Jones LLC congratulates Associate Erica Francisco-Lau and her team on securing an out-of-state dismissal on behalf of an international airline in New Jersey. This dismissal comes amid a rise in filings of similar Pennsylvania workers’ compensation cases in the state of New Jersey.
In this case, the medical provider of a Pennsylvania worker for a major airline filed a claim to recover bills for surgery and appointments totaling over $61,000. The worker was injured in Pennsylvania while working as a baggage handler since 2012. As a New Jersey resident, the petitioner received some medical treatment in New Jersey where the claim was filed. In a trend we have seen applied in similar out-of-state cases, the claim was filed in New Jersey because the reasonable and customary standard is considerably higher than the Pennsylvania fee schedule prescribes.
After working closely with the airline, Erica and her team confirmed that the petitioner was hired in Pennsylvania and never worked for the airline in New Jersey. The team filed a motion to dismiss the claim in court on the basis that the medical provider’s counsel could not prove that New Jersey had any jurisdiction over this Pennsylvania worker’s compensation claim. The judge granted the motion and dismissed the case with prejudice, forcing the medical provider to consult the Pennsylvania’s Workers’ Compensation Board to dispute the bill amount paid.
Erica and her team produced an incredible outcome for our client, securing this dismissal thanks to her team’s keen understanding of workers’ compensation law, particularly across state lines. Please join us in congratulating Erica and her team. If you are in need of assistance with a workers’ compensation case, please contact our appellate team at clientservices@jonesjonesllc.com .
