CP# 05-2948 and 05-21819 (2006). Randolph Perry v. Robert Horowitz Stable.

• Court: New Jersey

New Jersey Worker's Compensation 2006. CP# 05-2948 and 05-21819 (2006). Randolph Perry v. Robert Horowitz Stable CP# 05-2948 Randolph Perry v. Robert Horowitz Stable and CP# 05-21819 Randolph Perry v. NJ Horse Racing Compensation BoardThis is the Court's decision on the Notice of Motion for Medical and Temporary Benefits in the matters of Randolph Perry v. Robert HorowitzStable 05-2948 and Randolph Perry v. New Jersey Horse RacingCompensation Board, Claim Petition 05-21819. PROCEDURAL HISTORY On January 28th, 2005, Randolph Perry (hereinafter "Petitioner" or "Perry") filed a claim petition against Robert Horowitz Stable (hereinafter "Stable") for injuries he alleged arose out of and during the course of his employment on January 19th, 2004. Respondent Stable filed an answer to the claim petition on March 17, 2005 admitting Petitioner was in his employ on January 19, 2004, but denying the accident arose out of and during the course of Petitioner's employment. On July 22nd, 2005, Petitioner filed a claim petition against the New Jersey Horse Racing Industry Compensation Board (hereinafter "Compensation Board") alleging an injury on January 19, 2004 arising out of and in the course of his employment. On December 13, 2005, Petitioner filed a Notice of Motion for Medical and Temporary Benefits against both respondents. Respondent Compensation Board filed an answer to the Notice of Motion for Medical and Temporary Benefits on December 29, 2005. The "Answer" stated that Respondent Compensation Board was without sufficient information to confirm or deny the allegation, that Respondent Compensation Board would investigate further and be guided by its experts' reports. To date, Respondent Compensation Board has not submitted any experts' reports nor has Respondent Compensation Board amended its Answer to the Notice of Motion to reflect any investigative findings, even though it has had ample opportunity to investigate. Specifically, the Notice of Motion was first listed on January 9, 2006 and then on February 6, 2006. Between those two listing dates the New Jersey Supreme Court rendered the decision of Fitzgerald v. TomCoddington Stables, 186 N.J. 21 (2006). At the February 6th 2006 listing, Respondent requested additional time to review the Fitzgerald opinion. The case next listed on March 20, 2006. At that time, Respondent Compensation Board had not agreed to accept the claim so that the trial began on the Notice of Motion with the taking of Petitioner's testimony. Respondent Compensation Board requested another cycle, or until April 10, 2006, to determine if it would accept Petitioner's claim. On April 10, 2006, Respondent...