A Capehart Scatchard Blog

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 »

Appellate Court Fine Tunes Standards for Motions for Medical and Temporary Benefits

Sometimes the seemingly minor cases have significant long-term impact.  The case of Amedeo v. United Parcel Service, A-1013-13T2 (App. Div. April 8, 2015) may be one of those cases. Thomas Amedeo suffered a work injury in 2009 in the employment of UPS.  He filed a workers’ compensation claim petition and ultimately received an award of […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Misuse Of The Term “Aggravation” Causes Huge Overpayments In Workers’ Compensation

By on April 9, 2015 in Causation with 2 Comments

SCENARIO ONE: An employee has a preexisting arthritic knee condition that his personal physician says will require imminent knee replacement. Three months later this employee steps off a truck at work and feels pain in the knee.  He reports the incident to his employer, who sends him for treatment.  The doctor orders an MRI, stating […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Court Holds that Employee With Restrictions Who Was Terminated Should Have Chance to Prove Reasonable Accommodations Could Have Been Made by Employer

By on April 2, 2015 in Reasonable Accommodation with 1 Comment

Many employers have 100% healed policies that can redound to their detriment in court.  That was the situation in Kauffman v. Petersen Health Care, VII, LLC, 769 F.3d 958 (7th Cir. 2014). Debra Kauffman worked as one of two hairdressers at Mason Point Nursing Home in central Illinois.  On Mondays and Tuesdays, she would wheel […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

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

By on March 26, 2015 in Compensability with 1 Comment

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 […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

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.  […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Top