.

Angela Y. DeMary

Portrait of Angela Y. DeMary

Certified by the Supreme Court of New Jersey as a workers' compensation attorney, Angela focuses the entirety of her practice on New Jersey workers’ compensation, representing the interests of employers, carriers and self-insureds. Throughout her career, Angela has gained significant experience handling claims involving issues of employment, coverage, compensability, causation/liability and permanency. Her cases also include specific issues of total disability (SIF), lack of coverage (UEF) and subcontractor/general contractor issues (Section 79).

Notably, Angela has argued multiple cases before the Appellate Division. She has secured favorable decisions on issues of entitlement to temporary total disability benefits addressed under Section 38 (commonly referred to as the Cunningham issue). Her experience also extends to issues involving jurisdiction and liability against a subsequent carrier (most often referred to as a Peterson or Bond-type issue).

In addition to her legal speaking engagements, Angela is actively involved with youth activities in her community. She participates in career day programs at the elementary and high school levels and devotes time to youth mentoring and motivation.

Prior to her career in law, Angela worked as a probation officer and as an advocate for victims of domestic violence.

    • Widener University Delaware Law School (J.D., 2000)
    • Rutgers, The State University of New Jersey (B.A., 1994)
    • New Jersey, 2003
    • Top Women in Law, The New Jersey Law Journal (2016)
    • New Jersey Super Lawyer Rising Star (2010, 2012-2013)
      The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
    • American Bar Association
    • Camden County Bar Association
    • New Jersey Bar Association
    • Assessing the Injury and Case, NBI: New Jersey Workers’ Compensation Fundamentals: Attain the Best Possible Results for Your Clients, webinar, November 29, 2023
    • Diversity, Equity, Inclusion & the Elimination of Bias in Workers’ Compensation – Why This Matters to You and Your Clients to Achieve the Best Possible Outcome, New Jersey Workers’ Compensation Bench Bar Conference, Edison, New Jersey, December 13, 2022
    • Practicing Workers’ Compensation Law Remotely and COVID-19 Type Cases, Camden County Bar Association CLE program, January 27, 2021
    • Are You Coming or Going – Do You Know Your Course and Scope?, Marshall Dennehey webinar, October 26, 2020
    • Workers' Compensation: Key Concepts and Issues, National Business Institute, Atlantic City, New Jersey, June 2019
    • Navigating Workers' Compensation Processes, Procedures and Forms, National Business Institute, Atlantic City, New Jersey, June 2019 
    • Bad Eggs: Defending Injuries Stemming from Violence in the Workplace, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Human Resource Law from A to Z, National Business Institute, Cherry Hill, New Jersey, September 20, 2016
    • Anatomy and Physiology 101 for Attorneys, National Business Institute, Atlantic City, New Jersey, October 28, 2015
    • Advanced Workers' Compensation - Selected Issues in Workers' Compensation Law, National Business Institute, Atlantic City, New Jersey, April 27, 2015
    • Career Day, Cramer College Preparatory Lab School, Camden, New Jersey, June 2014
    • Fourth Annual Workers' Compensation Seminar, New Jersey Department of Labor-Division of Workers' Compensation, May 2014
    • Your Top Workers' Compensation Questions – Answered, National Business Institute, Atlantic City, New Jersey, December 12, 2013
    • New Jersey Workers' Compensation Update, Insurance Society of Philadelphia, Affinity Insurance, Hatboro, Pennsylvania, April 13, 2012
    • Overview of New Jersey Workers' Compensation, Atlantic City, New Jersey, May 2010 
    • New Jersey Workers' Compensation Update, Council on Education in Management, 2005 
    • Introduction to New Jersey Workers' Compensation, Sheraton Hotel, Atlantic City, New Jersey, 2005
    • “Celebrating 30 Years of the Defense Digest: A Look at the Last 30 Years in New Jersey Workers’ Compensation,” Defense Digest, Vol. 30, No. 4, December 2024
    • "Navigating the Waters of a Motion for Med and Temp," New Jersey Law Journal, November 9, 2015
    • "Whether Going or Coming, It's Still Not Compensable," Defense Digest, Vol. 19, No. 3, September 2013
    • "Proof? You Can’t Handle The “Proof”!" Defense Digest, Vol. 18, No. 2, June 2012
    • "Appellate Division Upholds Dismissal of Occupational Heart Attack Claim and Claim of Entitlement to Second Injury Fund Involvement," Defense Digest, 2011-09, Vol. 17, No. 3
    • "Determining Who's Liable: Analyzing Causation and Liability Issues When There Are Multiple Carriers, Employers and/or Claims," Defense Digest, 2010-06, Vol. 16, No. 2
    • "Supreme Court Renders Decision Regarding Application of Dependency Rate In Workers’ Compensation Matters," Defense Digest, 2008-12, Vol. 14, No. 4
    • "Applying the Increased Dependency Rate," New Jersey Law Journal, 2008-01-07
    • "The Pending Issue of How To Address the Increased Dependency Rate," Defense Digest, 2007-09, Vol. 13, No. 3
    • Certified by the Supreme Court of New Jersey as a Workers' Compensation Law Attorney, 2017

Results

Medical provider claim petition dismissed, with prejudice.

The parties were litigating a motion for medical treatment in which a physician was recommending an additional spinal surgery. The physician moved forward without authorization and performed spinal surgery on the petitioner. In order to complete the surgery, the physician brought in several ancillary services, including a vendor to perform diagnostic monitoring during the surgery. Following the surgery, the medical provider submitted its bills to the carrier, which were rejected based upon the lack of authorization. After a medical provider claim petition was filed, the respondent filed a motion to dismiss the matter for failure to obtain the requisite statutory authorization. The medical provider argued that it was only providing ancillary services and, therefore, did not require the authorization of the carrier under the New Jersey Workers’ Compensation Statute. The medical provider also argued that they were the “victim” since they were advised by the physician that the procedure was authorized. The judge rejected both arguments, holding that all medical providers including providers that provide ancillary services for surgical procedures, are required to obtain the same authorization for their treatment, or risk not receiving financial reimbursement.

Workers’ comp claim dismissed for lack of jurisdiction and coverage for an occupational accident policy carrier.

The petitioner filed a claim petition within the New Jersey Division of Workers’ Compensation seeking benefits and alleging employment with a trucking company. However, the petitioner had previously obtained an occupational accident policy in the role of an independent contractor. When filing the workers’ compensation petition, counsel for the petitioner erroneously named the occupational accident policy carrier as carrier for the trucking company. Although it would appear clear that jurisdiction and coverage do not exist in such cases, most times it is a lengthy process to have such matters addressed by the court and ultimately dismissed. In this case, we were successful in obtaining the dismissal and ceasing further unnecessary financial costs to the client.

Thought Leadership

Defense Digest

Celebrating 30 Years of the Defense Digest: A Look at the Last 30 Years in New Jersey Workers’ Compensation

December 1, 2024

Key Points:  The term “palliative” is not decisive as to liability to provide treatment. When addressing requests for temporary total disability benefits from former employees, investigate entitlement beyond a doctor’s note changing work status.  There are exclusions to the general principle that injuries during volunteering activities are not compensable. Thinking back to 1994—30 years ago—many of us may not recall where we were or what we were doing. In fact, many readers may not have even been born at the time. However, the celebration of 30 years of Marshall Dennehey’s publication of Defense Digest provides a good opportunity to review a few significant New Jersey workers’ compensation judicial decisions from the last three decades that still impact claims handling today. This article will focus on one decision from each decade.  1994–2004 The first decade, 1994–2004, brought the world such noteworthy events as the debut of the television show “Friends” (1994), the election of Nelson Mandela as President of South Africa (1994), and the unforgettable events of September 11, 2001. The decade also brought a notable New Jersey Appellate Division decision that still raises issues for practitioners today.  In 1995, the Appellate Division analyzed the term “palliative” with regard to a respondent’s liability to provide medical treatment. In Hanrahan v. Township of Sparta, 284 N.J. Super. 327 (App. Div. 1995), the court held that an employer is required to provide such treatment if there is (1) competent medical testimony that (2) the treatment is both reasonable and necessary to (3) cure or relieve the effect of the work-related injury such as to improve ability to function. Prior to that time, defense counsel would use “palliative” as an indicator to cease liability. Per this decision, that is not the legal analysis. However, according to the court, “palliative” treatment could cease if it is no longer curing or relieving the effect of the work-related injury to improve one’s ability to function. Therefore, a practitioner should determine whether these requirements apply when addressing this issue. 2004–2014 The next decade, 2004–2014, brought about additional significant events. The world was introduced to Facebook (2004) and saw the election of Barack Obama as President of the United States (2009). This decade also included the death of music icon Michael Jackson (2009). In addition to these events, this decade brought about important judicial decisions in New Jersey workers’ compensation. Next, we will take a look at one of them. In 2006, the Appellate Division addressed the issue of entitlement to temporary total disability benefits when an injured worker is terminated from employment for reasons unrelated to the work-related injuries and is, thereafter, placed out of work or on modified duty status by the medical doctor. In Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div. 2006), the court held that a former employee has the burden of proving that they would have been employed “but for” the work-related disability in order to receive temporary disability benefits. In other words, the work-related disability has to be the reason for the unemployment, not something else.  It is important for practitioners to ask additional questions when a former employee is placed out of work or on modified-duty status following termination. Specifically, practitioners should inquire whether there was any active employment elsewhere, receipt of unemployment benefits, or proof of an active search for employment at the time of the medical change-in-work status. If the lack of employment was due to some other reason (i.e., simply had not sought employment since termination of employment or personal reasons unrelated to the work injury), there would be an argument that temporary total disability benefits are not due. Thorough investigation is key. 2014—2024 Lastly, 2014–2024. During this period, the world witnessed the marriage of Prince Harry and Meghan Markle (2018) and continues to be impacted by the COVID-19 pandemic (2020). In New Jersey, Chief Judge Maria Del Valle Koch was appointed as the first woman Director and Chief Judge of the Division of Workers’ Compensation (2022). In addition to these events, there continues to be important legal decisions. Of those, we will take a look at one New Jersey Supreme Court decision.  In 2021, the court analyzed the compensability issue related to employee volunteers in Goulding v. NJ Friendship House, Inc., 245 N.J. 157 (2021). The court reiterated that an injury is compensable where there was compulsion by the employer for the employee to volunteer and that injuries during purely social or recreational events are not compensable. The court also reviewed the two-prong test used in analyzing the compensability issue for employees volunteering at employer-sponsored events: (1) whether the injury was a “regular incident of employment” and (2) whether the event provided a benefit to the employer beyond improvement in employee health and morale.  When encountering this issue, practitioners should apply the two-prong test to the facts of the claim to determine if it is met. Analysis is very fact sensitive. As such, it is worthwhile to conduct a thorough investigation.  The review of these decisions shows that, although a decision may have been rendered many years ago, it is necessary to be aware of it as it may continue to impact claims handling today. These decisions and analyses can influence your decision as to whether to provide compensation. Defense Digest will continue to be a source of information on legal trends, cases, and updates in the law.  *Angela is a shareholder and member of our Workers’ Compensation Department. She works in our Mount Laurel, New Jersey, office.    Defense Digest, Vol. 30, No. 4, December 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2024 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

What's Hot in Workers' Comp

The New Jersey Appellate Court affirms finding of compensability under Special Mission exception of Coming and Going Rule even though the petitioner sustained severe injuries as a result of his own actions in violation of company policy.

March 1, 2023

The petitioner sustained severe injuries, including loss of the use of an eye, brain trauma and burns, as a result of a B-Tank/gas tank explosion. One issue of contention was that the petitioner had personally placed the B-Tank in his personal vehicle at the end of a workday with the intention of delivering the tank to a customer the following day on his way to work. It was undisputed that the petitioner’s actions violated company and union policies and that he had received training that included notice of the prohibition of using one’s personal vehicle for work and that B-Tanks are not to be stored in confined spaces. Also, it was undisputed that the petitioner was acting on his own accord and not at the direction or assignment of the respondent. Despite the training and policies, the petitioner loaded the tank in his personal vehicle anyway. While on the way to work the following day, the petitioner received a text from a superior in the company, though not his direct supervisor, asking that he pick him up and take him to work. It was while the petitioner was on the way to pick up this individual that he heard a hissing sound in his car. At that point, he remembered he had placed the gas tank in his car but had forgotten to deliver it to the customer. Also, the petitioner had passed the customer’s location. The petitioner “stopped on the side of the road, opened all the windows, got out of his car, and went to the rear of his vehicle. As petitioner opened the hatch of his vehicle, the B-Tank exploded.”  Following a trial on the petitioner’s motion for medical and/or temporary disability benefits, the Judge of Compensation held the incident to be compensable. The judge held that the  “special mission” exception applied, finding that: (1) the petitioner had “embarked upon a special mission of delivering the B-Tank to the customer and that mission had not ended” before the accident and (2) the petitioner was engaged in a special mission for the respondent when he was driving to pick up the higher-up in the company. The respondent appealed. The Appellate Court heard the matter and affirmed the lower court’s decision. It is noted that the respondent made the following arguments, which were rejected by the Appellate Court:  1.    the petitioner’s injuries did not arise out of and in the course of his employment;  2.    the legal determinations made by the judge were not supported by the facts;  3.    the petitioner was not injured while engaged in a special mission as he was not asked to deliver the B-Tank outside of work hours or in his personal vehicle, in violation of policies and training, and the petitioner could have refused to pick up the higher-up that morning; 4.    the petitioner should be precluded from receiving benefits as he had engaged in reckless and unreasonable behavior by placing the B-Tank in his personal vehicle; and  5.    the claim was not covered by the Workers’ Compensation Act due to the petitioner’s willful failure to make use of reasonable and proper personal protective devices.  It is noted that the respondent raised the final argument for the first time at appellate level.  In rejecting those arguments, the Appellate Court found that there existed substantial, credible evidence supporting the judge’s finding that the petitioner was on a special mission for the respondent when he was en route to pick up the higher-up. With that finding, the Appellate Court indicated that it was not necessary to address whether the petitioner was also on a special mission to deliver the B-Tank to the customer.  Specifically, the court concentrated on the fact that the petitioner was en route to pick up someone in a high level of authority for the respondent, at the request of that individual, when the incident occurred. The court also focused on the fact that it was during this commute that the tank exploded. The court affirmed the judge’s finding that the petitioner was performing a “special mission” at the time of the explosion, thus, making the incident compensable. Although the court indicated that it was not addressing the petitioner’s actions in placing the tank into his personal vehicle against policy and training, it did comment that negligence or a foolhardy action by a petitioner does not necessarily remove an incident from the realm of compensability, hinting that compensability still would have been found.   What’s Hot in Workers’ Comp, Vol. 27, No. 3, March 2023 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Legal Update for Special Education Law: Recent Positive Outcomes From the Group

Hearing Officer Confirms District Acted Appropriately Under IDEA and Section 504 William J. McPartland (Scranton) obtained a finding in favor of our client, a school district, on all issues following a due process hearing. The parent had filed a due process complaint alleging that the school district had breached its child find duty under the IDEA and Section 504, that the school district had discriminated against the student on the basis of disability in violation of Section 504, and that the school district had denied a free and appropriate public education to the student both by developing inadequate IEPs and via an actionable procedural violation.  Specifically, the student had received a Section 504 evaluation in October 2023, after a number of behavioral infractions culminating in a fight in September 2023, was identified as having anxiety and a sleep disorder, and received appropriate Section 504 accommodations. The student had never previously demonstrated signs of a learning disability, and the parent denied the school district permission to evaluate the student for special education needs in November 2023, and January 2024. The parent granted the district permission to evaluate the student in October 2024, after a private psychologist diagnosed the student with Attention Deficit Hyperactivity Disorder, possible Oppositional Defiance Disorder, a learning disorder, and anxiety. The school district issued a special education evaluation report in December 2024, finding that the student had an emotional disturbance and other health impairment, and an IEP providing an itinerant level of emotional support, as well as instruction in academics and social skills, was issued in January 2025, and amended in February, March, and April 2025. The student withdrew from the school district in April 2025, to attend a cyber charter school. The hearing officer determined that the school district had not violated its child find duty to the student in violation of either the IDEA or Section 504 where the district developed a Section 504 plan for the student within a month and a half of the parent’s first request for a Section 504 evaluation and where the parent repeatedly denied consent to conduct an IDEA evaluation of the student. The hearing officer noted that the student’s sporadic record of behavioral infractions prior to September 2023, did not suggest that the student had a disability prior to the parent’s initial request for an evaluation. The hearing officer further determined that no evidence had been produced to suggest that the student was discriminated against on the basis of disability in violation of Section 504. Additionally, the hearing officer determined that the IEP offered to the student was substantively adequate and that, to the extent the social and emotional programming offered by the school district was not received by the student, this resulted from the parent’s refusal to accept the same. The hearing officer finally determined that the school district did not commit an actionable procedural violation by delaying development of an IEP for the student where the parent repeatedly denied consent to evaluate the student. Court Dismisses Three of Four Claims Against School District Christopher J. Conrad and Daniel P. McGannon (Harrisburg) achieved a significant early victory on behalf of a school district client in. The team successfully obtained dismissal of three of the four claims asserted in the plaintiff’s amended complaint. The former district superintendent brought multiple claims arising out of his alleged “forced resignation,” including age discrimination under the ADEA, a Section 1983 Equal Protection claim, a Pennsylvania Whistleblower claim, and breach of contract. On behalf of the district, the defense team moved to dismiss the complaint in part, arguing: The plaintiff failed to plead sufficient facts to support a prima facie case of age discrimination. The equal protection claim was barred because the ADEA provides the exclusive federal remedy for age-based employment claims. The breach of contract claim could not stand because the underlying employment agreement had expired prior to the alleged breach. The court agreed, dismissing the ADEA, equal protection, and breach of contract claims in their entirety. As a result, only a single claim under the Pennsylvania Whistleblower Law remains pending. This outcome substantially narrows the scope of the litigation and positions the client for a more efficient defense moving forward.

Thought Leadership

Featured Conversations... Key Takeaways from A.M. Best’s Webinar on the Misuse Defense in Product Liability Claims, Featuring Michael Salvati

Michael Salvati, shareholder in our Philadelphia office, was a panelist for the April A.M. Best webinar, “The Misuse Defense: Strategic Approaches to Defending Product Liability Claims for Insurers.” During the program, Michael and his fellow panelists offered practical, jurisdiction‑specific guidance on how misuse and failure‑to‑warn theories intersect in modern product liability litigation. Michael emphasized the unique challenges these claims present—particularly in states like Pennsylvania, where evidentiary rules diverge sharply from those applied in many other jurisdictions. Failure to Warn as the “Flip Side” of Misuse Salvati explained that failure‑to‑warn allegations often arise as a direct counter to a misuse defense. As he noted, “If our misuse defense is that the plaintiff didn't use a product properly or safely, then the failure to warn claim is that we didn't tell them how to use it properly.” He emphasized that these claims can stem from either the absence of warnings or criticisms of existing warnings, such as insufficient specificity or lack of clarity about risks. Pennsylvania’s Unique Evidentiary Landscape One of Salvati’s most notable points was the stark difference in how Pennsylvania treats evidence of compliance with industry standards. He highlighted that Pennsylvania is “one of the only states…where that evidence is not admissible” in strict liability cases. Manufacturers cannot rely on compliance with ANSI, UL, ISO, or even federal safety standards to defend the product against a strict liability claim—because the focus is solely on the product itself, not the manufacturer’s conduct. Salvati acknowledged the challenge this creates for defense counsel and clients who expect such compliance to carry weight. Understanding the Three Defect Theories Salvati also walked through the three primary defect theories recognized in many jurisdictions: - Design defect – a flaw in the product’s intended design - Manufacturing defect – a deviation affecting a specific unit - Failure to warn – inadequate instructions or warnings He noted that warnings claims are increasingly significant and sometimes stand alone when design or manufacturing theories are weak. As he put it, plaintiffs often default to warnings claims because “the default position seems to be, ‘If I got hurt, there must be something wrong.’” Warranties and State‑by‑State Variations Salvati addressed how breach‑of‑warranty claims fit into the broader framework, explaining that implied warranties—such as merchantability—often overlap with strict liability in Pennsylvania. He emphasized the importance of understanding local nuances, as warranty law and admissibility rules vary widely across states. Looking Ahead: The Growing Importance of Warnings In his closing remarks, Salvati stressed that warnings should never be treated as an afterthought in product liability defense. He observed that warnings‑only claims are becoming more common and urged manufacturers and insurers to continually evaluate the clarity and completeness of their instructions and warnings. His takeaway: “We should always be talking about what are the instructions that come with our products…to bolster a misuse defense.” Listen to the complete webinar here: https://www3.ambest.com/conferences/events/eventregister.aspx?event_id=WEB1074.

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict.