RALPH NEGLIA, Petitioner
v.
CRAFT CARPENTRY & DRYWALL Respondent
Claim Petition No. 2012-1172
New Jersey Workers Compensation
New Jersey Department of Labor and Workforce Development Division of Workers' Compensation Hackensack, Bergen County District
June 10, 2014
LAW
OFFICES OF BRIAN P. CAMPBELL Attorney for Petitioner
LAW
OFFICES OF JONATHAN R. WESTPY Attorney for Respondent
BEFORE: HONORABLE PHILIP A. TORNETTA Judge of Compensation
DECISION ON MOTION
Philip
A. Tornetta Judge of Compensation
Introduction
This
matter comes before the court by way of a Notice of Motion
for Reconsideration filed by the petitioner, Ralph Neglia (
hereinafter “ petitioner”), in which petitioner
seeks to have the court reconsider the order entered on
February 10, 2012, denying petitioner’s motion for
medical and temporary benefits, dismissing petitioner’s
claim petition, with prejudice, in accordance with N.J.S.A.
34:15-57.4 (c) (1) and N.J.S.A. 34: 15- 57.4(c)(2) and
ordering petitioner to reimburse respondent, Craft Carpentry
& Drywall (hereinafter “respondent”) for
payments made by respondent for the medical treatment
respondent provided to petitioner. Respondent opposes the
motion.
Both
petitioner and respondent have waived oral argument
Procedural
History and Facts
This
matter arises out of an accident which is alleged to have
occurred on February 2, 2011, when, it is alleged by
petitioner, that while working for respondent, he tripped on
a piece of steel causing him to fall and injure his right
knee.
Petitioner
filed a claim petition on or about January 16, 2012 alleging
that he sustained an injury by an accident on February 2,
2011 arising out of and in the course of his employment with
respondent. Respondent filed an answer to the claim petition
on April 27, 2012 stating that the petitioner was in the
employment of the respondent on the date alleged in the claim
petition and that the accident did arise out of and in the
course of petitioner’s employment by the respondent.
Petitioner
filed his first motion for temporary and/or medical benefits
on April 24, 2012 and respondent filed its answer in
opposition to the motion on May 3, 2012. The court entered an
order closing the motion, without prejudice, on August 17,
2012. Petitioner filed a second motion for temporary and/or
medical benefits on August 23, 2012. The court entered an
order closing the motion, without prejudice, on November 9,
2012. Petitioner filed a third motion for temporary and/or
medical benefits on December 17, 2012 and respondent filed
its answer in opposition to the motion on December 20, 2012.
The motion hearing commenced with witness testimony on
February 22, 2013 and continued on three non-consecutive days
on July 19, 2013, September 20, 2013 and October 11, 2013.
On
November 18, 2013, the court found that petitioner’s...
