A Capehart Scatchard Blog

Court Rejects Claim for Employee Injured on Ground Floor Elevator in Multi-Tenant Building

By on March 26, 2015 in Compensability with 0 Comments

The case of Burke v. Investors Bank, A-1551-13T1 (App. Div. March 16, 2015) underscores an important point for New Jersey practitioners:  one is not considered to be at work in a multi-tenant building until one arrives at the employer’s business. On December 3, 2012, Laura Burke parked her car in the parking garage of the […]

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City That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA

By on March 12, 2015 in FMLA with 0 Comments

Very few cases have focused on the relationship between COBRA and FMLA.  The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue. Barry Neal, a firefighter, was severely injured in a non-work accident on February 1, 2013.  […]

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Superior Court Judge Rejects Dever Case and Holds Walmart Not Barred from The Recovery Of Its Workers’ Comp Lien

By on March 3, 2015 in Special Update with 0 Comments

Desirae Cintron was injured in a motor vehicle accident on September 20, 2011 while walking in the parking lot of a Walmart store where she worked.  She was struck by a vehicle driven by Marvin Thomas.  Cintron was eligible for PIP benefits because she lived with her father who had an insurance policy with NJM.  […]

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Access to Medical Records in the New Jersey Division of Workers’ Compensation

By on February 23, 2015 in Special Update with 0 Comments

A number of clients have inquired recently whether claimants in workers’ compensation cases have a right to request their treating medical records from the insurance carrier, third party administrator, or the authorized treating physician.  The answer to this question comes from both the New Jersey Workers’ Compensation Act and from the rules of the New […]

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Recent Developments in New Jersey Workers’ Compensation

By on February 13, 2015 in Special Update with 0 Comments

There have been a number of developments in the Division of Workers’ Compensation in 2015 of which practitioners should be aware: Retirement of Director Peter J. Calderone, After 13 years of service as Director of the Division of Workers’ Compensation and 39 years of service to the State of New Jersey, Chief Judge and Director […]

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Federal Court Holds that Employer Does Not Have to Remove Essential Job Functions as a Reasonable Accommodation Under ADA

By on February 5, 2015 in Discrimination with 0 Comments

Joe Wilkerson worked for Boomerang Tube, LLC  first as a general laborer and then as a mill operator. He injured his left hand on December 13, 2010 while operating the mill.  He returned to work on restricted duty on December 17, 2010.  On that evening at work, he reinjured his hand requiring another visit to […]

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Appellate Division Reverses Dismissal of Case for Failure to Show Good Cause

By on January 29, 2015 in Uncategorized with 1 Comment

Robin Williams was injured working for Ready Pack on May 18, 2006 and May 22, 2006.  A settlement was approved for 10% of partial total for the left shoulder on August 11, 2008.   Thereafter, Williams moved to Philadelphia and left the employment of Ready Pack. On August 10, 2010, petitioner filed a reopener application alleging […]

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Superior Court Decision Refused to Follow Unreported Decision in Dever V. New Jersey Manufacturers

By on January 20, 2015 in Exclusive Remedy with 0 Comments

There has been a great deal of controversy about respondent’s lien rights in motor vehicle accident cases since the unreported ruling in Dever v. New Jersey Mfrs. Ins. Co., No. A-3102-11T2 (App. Div. October 23, 2013).  In one decision from last summer, an Atlantic City Superior Court Judge rejected the application of the Dever rule […]

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Appellate Division Affirms Large Award to Airline Employee

By on January 12, 2015 in Permanent Disability with 1 Comment
Appellate Division Affirms Large Award to Airline Employee

It is very difficult to appeal a Judge of Compensation on the level of permanency awarded following trial.  That lesson can be seen in Huesser v. United Airlines, A-5959-12T3, (App. Div. July 14, 2014). Elaine Huesser worked as a flight attendant for United Airlines since 1998.  She suffered her first injury on September 28, 2005 […]

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Comp Insurers Remain Concerned over the Expiration of the Terrorism Risk Insurance Act (TRIA)

By on January 7, 2015 in Legal Updates with 0 Comments

We live in a world where terrorism unfortunately poses genuine insurance risks. The Terrorism Risk Insurance Act (TRIA) was passed by President George W. Bush on November 26, 2002 to establish a backstop for insurance claims arising from acts of terrorism.  This coverage includes workers’ compensation claims.  Before September 11, 2001, insurance companies generally did not […]

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