CP# 97-029407, 98-031877, 98-031917 (2000). BETTY A. RYAN, Petitioner VS. TRUMP TAJ MAHAL, Respondent.

• Case Date: February 22, 2000
• Court: New Jersey

New Jersey Workers Compensation 2000. CP# 97-029407, 98-031877, 98-031917 (2000). BETTY A. RYAN, Petitioner VS. TRUMP TAJ MAHAL, Respondent CP# 97-029407, 98-031877, 98-031917 Ryan v. Trump Taj MahalSTATE OF NEW JERSEY DEPARTMENT OF LABOR DIVISION OF WORKERS' COMPENSATION TOMS RIVER, OCEAN COUNTY DISTRICTRESERVED DECISIONBETTY A. RYAN, PetitionerVS.TRUMP TAJ MAHAL, Respondent.CLAIM PETITION NOS. C.P. 97-029407 C.P. 98-031877 C.P. 98-031917BEFORE: HONORABLE SHELLEY B. LASHMAN Judge of CompensationAPPEARANCES: SALTZER, KUSHINSKI and DEVINCENS, L.L.C. By: RICHARD R. KUSHINSKI, ESQ. Attorney for the PetitionerCOOPER, PERSKIE, APRIL, NIEDELMAN, WAGENHEIM and LEVENSON, P.C. By: JAMES P. PAOLI, ESQ. Attorney for the RespondentISSUE This is respondent's Motion to Dismiss a partially heard Motion for medical and temporary benefits, during trial, in three occupational claims, for failure of petitioner to give notice to respondent pursuant to statute. There is an additional respondent's Motion to strike petitioner's brief as being beyond the prescribed time. That particular Motion is denied herewith, for good cause shown. PROCEDURAL HISTORY Petitioner filed three denied occupational claims for low back injuries. Claim Petition97-029407 alleges an occupational injury to October 1995. Claim Petition98-031877alleges an occupational injury to petitioner January 1995 through July 1997. Claim Petition 98-031917 alleges an occupational injury to petitioner October1996. There have been three substitutions of petitioner's counsel, and three substitutions of respondent's counsel. Hearings were transferred from Edison, New Jersey by Judge Bolstein on petitioner's change of residence to Atlantic City, Atlantic County; and by me to Toms River, Ocean County, on petitioner's subsequent change of residence. Petitioner, born January 25, 1943 and originally age 52, was a cage cashier and accounting clerk at the Taj Mahal Casino. She originally alleged "lifting various articles over a period of weeks" in October 1995; alleged "bending, lifting, twisting, stooping, carrying in the course of employment" in October 1996; and again January 1995 through July 1997. During the trial, bifurcated by me as to notice and knowledge, testimony was taken on five days. Testimony of petitioner was taken before me on 9/16/98 and 10/7/98; of respondent's subpoenaed casino accounting manager and the casino accounting supervisor on 2/10/99 and 7/23/99; and petitioner again on 4/30/99 and 7/23/99. There is a $4,408 State of New Jersey lien for disability during unemployment benefits for "low back pain, severe degen." from 12/21/97 through 5/30/98, which petitioner agreed to repay out of any Workers' Compensation benefits by her application on 1/14/98. FACTS At the outset of hearings, respondent admitted employment but moved to dismiss for lack of notice under Brock v. P.S.E. and G. Co., 149 N.J. 378 (1997). I reserved decision on that Motion until after testimony. Petitioner testified to employment with respondent from January1995, starting as a cage cashier dealing with customers at a window, exchanging chips for coins and bills, with constant bending and lifting from under the counter. The chips and coins were placed there by petitioner from a coin bank by a cart. She was there at the start of the day, and she returned once more if needed. The coins came in six racks weighing three to four pounds, and she carried three at a time...