A Capehart Scatchard Blog

Transportation Issues in Workers’ Compensation

By on February 21, 2020 in Workers' Comp Basics with 0 Comments

Adjusters and employers familiar with other state workers’ compensation laws are often surprised to find out that the New Jersey Workers’ Compensation Act contains no statute requiring employers to pay for transportation costs to get employees to medical appointments and no mileage reimbursement provision.   When an employer requires an injured worker who has moved out […]

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Questions Remain On Which Cases Are Affected By The New Hand And Foot Bill

By on February 13, 2020 in Legislation with 0 Comments

The recently passed legislation L. 2019, C. 387 increasing the value of hand and foot injuries in New Jersey has generated considerable debate about which cases the law affects. Does it affect only cases filed after the date the law was passed?  Or does it affect all cases presently pending in the Division of Workers’ […]

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Medical Providers Win in Supreme Court on Statute of Limitations Issue

By on February 5, 2020 in Court Rulings with 0 Comments

In New Jersey a medical provider dispute arising from a work injury can only be filed in the Division of Workers’ Compensation ever since the 2012 Amendments.  But the 2012 Amendments to the New Jersey Workers’ Compensation Act failed to answer one fundamental question:  how long does the provider have to bring a claim in […]

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Governor Passes Bill Increasing Compensation for Workers’ Comp Hand And Foot Injuries

By on January 23, 2020 in Legislation with 0 Comments

New Jersey Governor Phil Murphy this week signed into law the long-considered hand and foot Bill, increasing the amount of workers’ compensation benefits paid for injuries producing loss of function for such injuries. The Bill accomplishes the legislature’s goal of providing greater compensation for hand and foot injuries by increasing the number of weeks that […]

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Appellate Division Holds New Jersey Employer Must Reimburse Injured Worker for Cost of Medical Marijuana

By on January 15, 2020 in Other with 0 Comments

This week the New Jersey Appellate Division decided Hager v. M&K Construction, A-0102-18T3 (App. Div. January 13, 2020).  The issues of whether an employer must reimburse an injured worker for the costs of medical marijuana and whether such a court order would violate federal law have been the source of much controversy in the Division.  […]

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Court Rules That Inability To Understand The English Language May Form the Basis For Total Disability Under The Odd-Lot Doctrine But Also Finds Petitioner’s Proofs To Be Lacking

By on January 2, 2020 in Awards with 0 Comments

There are few appellate division cases on the odd-lot doctrine in workers’ compensation, and there are next to none on lack of proficiency in English as a sole factor for odd-lot unemployability.  For this reason it is worth reviewing the recent decision in Avendano v. Target Corporation, A-1609-18T2 (App. Div. December 17, 2019).   In this […]

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Jurisdictional Issue in Med Mal Decision In New Jersey May Presage Likely Dismissal of MCP Cases Arising from New York Injuries and New York Employment

By on December 27, 2019 in Claims with 0 Comments

In 2020 we will likely get a published Appellate Division decision that resolves whether a medical provider can bring a medical claim petition in New Jersey where virtually all contacts are in New York State except for where the surgery occurs and sometimes where the claimant lives.  One hint of how the Appellate Division may […]

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First NJ Workers Compensation Appellate Opinion On Opioid Use Is Approved For Publication

By on December 18, 2019 in Key Defenses with 0 Comments

The case of Martin v. Newark Public Schools was the subject of an earlier blog on October 7, 2019.  At the time of that blog, the case had not been approved for publication.  On December 13, 2019, the Committee on Publications decided to approve Martin for publication.  It is now the only published decision in […]

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Avoiding Compensable Holiday Party Accidents

By on December 12, 2019 in Compensability with 0 Comments

We are in holiday season.  Many private and public entities have holiday parties this time of year, and inevitably there will be accidents either going to or from the party or perhaps slipping and falling on the dance floor.  What do employers need to know and what can they do to avoid such claims when […]

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Does An Employer Owe Temporary Disability Benefits When An Injured Worker Returns To A Second Job But Is Unable To Return To The Injury-Connected Job?

By on November 21, 2019 in Benefits with 0 Comments

Few scenarios generate more questions from clients than whether a carrier or third party administrator in New Jersey can cut off temporary disability benefits when an employee engages in part-time employment while receiving temporary disability benefits for the job-connected injury.   This is a much bigger issue than it was 30 years ago precisely because so […]

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Notice to Carriers, TPAs and Joint Insurance Funds: Requirements of New Supplemental Benefits Law For Dependents of Public Safety Workers

By on November 14, 2019 in Benefits with 0 Comments

Effective June 17, 2019, N.J.S.A 34:15-95.6 became law in New Jersey.  This law applies to dependents of public safety workers, who are defined as officers of a paid, partially-paid, or volunteer fire or police department, force, company or district, including the State Police or a first aid or rescue squad.  The purpose of this law […]

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Appellate Court Affirms Decision That Company’s “Fun Day” Was Not a Work Event

By on November 8, 2019 in Compensability with 0 Comments

Any decision from the Appellate Division on recreational or social activities is welcome precisely because there have been so few decisions since the 1979 Amendments.  The case of Goulding v. NJ Friendship House, Inc., A-5996-17T3 (App. Div. November 7, 2019) is the most recent decision on this area of law in years. Kim Goulding worked […]

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Respondent’s Counsel’s Failure to Comply with Rules Governing Motions for Med and Temp Leads to Court Order in Favor of Petitioner

By on November 1, 2019 in Claims with 0 Comments

Motions for medical and temporary disability benefits are urgent matters that are treated as such by Judges of Compensation.  Because injured workers are not receiving benefits, motions for medical and temporary disability benefits require all parties to work swiftly to prepare for court hearings.  In the case of Capel v. Township of Randolph, A-1315-18T1 (App. […]

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Employee of Temp Agency Was Barred from Suing Client Company

By on October 25, 2019 in Key Defenses with 0 Comments

When individuals work for staffing agencies, interesting legal questions often arise.  In Uribe v. Quartz Master, A-4071-17T1 (App. Div. May 2, 2019), Alberto Uribe was injured working for On Target Staffing, LLC, a job placement agency.  On Target had a “Temporary Employee Work Agreement” with Quartz Master, where it placed Uribe.  That agreement provided that […]

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Robert Wood Johnson Barnabas Health Found Not Responsible For Injury To Nurse In Public Street

By on October 18, 2019 in Compensability with 0 Comments

In an important decision, the New Jersey Appellate Division decided on October 16, 2019 that a nurse who was walking from work premises to a parking lot following her shift at Jersey City Medical Center/ RWJBH was not in the course of employment when she was struck by a motor vehicle.  Christina Adinolfi Shea, partner […]

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