A Capehart Scatchard Blog

UPS Did Not Violate FMLA in Firing Employee Who Was on Intermittent FMLA Leave

By on June 29, 2015 in FMLA with 0 Comments

Intermittent leave can be extremely difficult for employers.  One important point for employers to realize is that an employee on intermittent leave who comes to work in between flare-ups may be held to all customary performance standards.  The case of Parks v. UPS Supply Chain Solutions, Inc. 2014 U.S. DIST LEXIS 13538 (E.D. Kentucky 2014) […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

New Jersey Supreme Court Reverses Key Ruling by Appellate Court that Vested Original Jurisdiction on Employee Status With the Division of Workers’ Compensation

By on June 22, 2015 in Uncategorized with 0 Comments

In 2014 an important appellate court decision was decided on whether all cases involving the interpretation of employee status must be referred to the Division of Workers’ Compensation.  On June 11, 2015, the New Jersey Supreme Court reversed the Appellate Division in Estate of Myroslava Kotsovska v. Saul Liebman (A-89-13) (073861). The facts were tragic.  […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Section 20 Settlement Versus Order Approving Settlement

By on June 12, 2015 in Special Update with 1 Comment

Every New Jersey workers’ compensation practitioner must evaluate the benefits of a Section 20, (which is a lump sum full and final payment), versus an order approving settlement, (which involves an award of a percentage of disability under Section 22).  About twice as many cases settle under orders approving settlement in New Jersey than under […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Court Affirms Some Sanctions Against Employer and Reverses Other Sanctions

By on June 5, 2015 in Retaliation with 0 Comments

Sanctions against an employer in workers’ compensation are rather rare, and the case of Pschunder-Haaf v. Synergy Home Care of South Jersey, A-3138-13T3, (App. Div. May 12, 2015) provides some guidance on conduct that may lead to such sanctions. The petitioner, Pschunder-Haaf, a home health aide, injured her low back when a patient fell on […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Plaintiff’s Disability Discrimination Claim Doomed by Contradictory Statements to Social Security

Alphonso Myers worked as a security guard and was injured in that position.  He applied for and received social security disability benefits.  In his application, he advised the Social Security Administration that he was in pain all the time during the period of his application, he could only stand for twenty minutes and could only […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?

The old adage is that New Jersey is a not a partial temp state, but is that really true?  In some states, like New Hampshire, an employee who returns to work but due to disability cannot earn the amount he or she was earning before the work injury may be eligible for significant benefits.  The […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement

By on May 13, 2015 in Compensability with 1 Comment

Unlike many states, most settlements in New Jersey are paid out over a period of weeks, often with payments carrying out well into the future.  For example, if an employee receives an award of 40% permanent partial disability, the award is paid over 240 weeks in equal payments beginning with the last payment of temporary […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Employer Waived Its Objection to Policy Cancellation by Waiting Seven Years before Raising Issue of Proper Cancellation

Janice Davis was injured on April 23, 2007 in a work-related accident.  She filed a claim petition promptly against Yassien Mobility Assistance & Ambulance, Inc., her employer.  On October 1, 2007, Yassien filed an answer stating that it had no insurance for workers’ compensation.  The Uninsured Employers’ Fund (UEF) was joined in the matter as […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Court Allows Claimant to Reopen Previously Dismissed Claim Based on Dishonesty of Claimant’s Attorney

By on April 30, 2015 in Special Update with 0 Comments

Cases dismissed under N.J.S.A. 34:15-54 for lack of prosecution are permanently closed if not reinstated within one year.  The matter of Kost v. GPU Energy, A-0858-13T3 (App. Div. 2015) offers one exception to the rule. Richard Kost filed seven claims against GPU Energy/JCP&L in 2003.  He also filed a parallel civil action which was pending […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

PIP Carrier’s Claim Petition Is Rejected for Failure to Show Work Connection

By on April 22, 2015 in Compensability with 0 Comments

What can a PIP carrier do when it believes the bills it has paid arise from a workers’ compensation case but the injured party has never filed a claim?  In New Jersey, the PIP carrier has a right to file a workers’ compensation claim petition in the name of the injured worker, but there is […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Top