Injury to Employee Walking To Car In Leased Parking Lot Found Compensable
Cases involving parking lot injuries continue to generate divergent results in the Division of Workers’ Compensation and the Appellate Division. Walker v. Saker Shop-Rite, No. A-2770-19 (App. Div. Sept. 7, 2021) illustrates this point yet again. Ms. Walker, a 70-year-old employee, fell on December 11, 2018 while walking to her car in the leased supermarket […]
When Does The Special Mission Exception To The Premises Rule Apply?
One of the most misunderstood rules in workers’ compensation is the so-called “special mission” exception to the premises rule, which is New Jersey’s successor to the better known “going-and-coming rule.” The New Jersey premises rule says that one is at work when he or she arrives at the work premises. The main exception to that […]
Long Drive To Restaurant For Lunch Following Business Meeting Found Not Compensable
Andrew Mackoff worked as a salesman and account manager for New Brunswick Saw Services. One of his duties was to travel to the company’s businesses for meetings and service calls. On December 3, 2018, Mackoff left his home in Blackwood, Camden County, New Jersey and drove to West Caldwell in North Jersey for a 10:00 a.m. […]
Respondent Prevails Where First MRI Post-Accident Showed No Abnormalities In Knee
What happens when an injured worker gets a normal MRI study after a work injury but later on a second MRI shows an operable tear? Can the findings on the second MRI be related back to the original injury? The Appellate Division addressed that issue in Costanzo v. Meridian Rehab, A-5547-18 (App. Div. June 17, […]
Serious Accident Following Annual Holiday Party Found Not Compensable
All too often holiday parties end with some unfortunate injury. Is such an injury covered in workers’ compensation? It depends on the circumstances. The Court in Regalado v. F&B Garage Door, A-0083-20, (App. Div. June 8, 2021), found that the injury in this case did not arise out of and in the course of employment. […]
What Information Employers Need To Know To Defend Reopener Cases
For employers, perhaps the most negative aspect about New Jersey Workers’ Compensation Act is the proliferation of what are called “reopener” petitions. These do not exist in many states. The injured worker in New Jersey who receives a permanency award can file within two years of the last date of treatment or payment of indemnity […]
NJ Assembly Votes Unanimously in Favor of Hiring Preferences in Workers’ Compensation
For over 100 years it was accurate to say that the New Jersey Workers’ Compensation Act is a benefits law, not an employment rights law – but not for long. On May 20, 2021, the New Jersey Assembly voted in favor of creating a hiring preference for certain employees who reach maximum medical improvement (MMI). […]
Kids Chance of New Jersey Needs Your Help In Fundraising Raffle For Students
Many of you know that Capehart Scatchard is a founding member of Kids Chance of New Jersey (KCNJ). Three of our professionals are on the Board of Directors: Lora Northen, Carol Wright and John Geaney. The pandemic has taken a toll on Kids Chance chapters in every state, and every chapter is hurting. KCNJ has […]
NJ Governor Signs S2476 Supplementing Benefits For Surviving Dependents Of Essential Employees
On Tuesday, April 20, 2021, New Jersey Governor Phil Murphy signed into law a bill co-sponsored by Senators Troy Singleton and Dawn Addiego. The bill will provide weekly supplemental benefits to surviving dependents of essential employees who contracted COVID-19 through work. The benefits will be paid by the New Jersey Second Injury Fund. The prerequisites […]
This Month’s Two Key Developments On Jurisdiction Of Medical Claim Petitions And Orders To Compel Reimbursement Of Costs Of Medical Marijuana
We are two weeks into April, and already the New Jersey Supreme Court has considered two extremely significant issues for workers’ compensation practitioners, employers and carriers. The first decision was announced on April 1, 2021 when the Supreme Court decided not to take certification in the matter of Anesthesia Assocs. of Morristown, PA v. Weinstein […]
The Crucial Importance of Examining Treating Medical Records and Employee Accident Forms
Many workers’ compensation cases involve unwitnessed orthopedic injuries. Consider a case where an employee alleges that he or she felt sharp back pain around 11 a.m. in aisle 4 of the store while stocking shelves. Suppose there is no security video. Suppose further the employer provides treatment under Section 15 without admitting liability but still […]
Appellate Division Holds That Public Employee Injured In Shared Parking Lot With Employees And The Public Is Not Covered For Workers’ Compensation Purposes And Can Sue Her Employer
When an employee is injured on the employer’s premises, including a parking lot owned and controlled by the employer, it is fundamental that such a claim is work related. If this injury is caused by the actions of another employee, it is also fundamental that the two employees cannot sue each other or their employer […]
Appellate Court Rejects Compensability Of Assistant Prosecutor’s Fall En Route To Coffee Shop
What if two lawyers leave their separate offices to meet at a coffee shop to discuss a case? Is the commute to the coffee shop compensable for either or both of them? The answer was no in the context of the facts in Pilone v. County of Middlesex, A-1676-19, (App. Div. March 15, 2021). Lynn […]
Appellate Court Rules That There Is No Section 40 Lien Deduction For Petitioner’s Share Of Counsel Fees Paid In Workers’ Compensation
We all know certain events are going to happen every year: Alabama is going to play for the national football championship, your property taxes will certainly rise, Tom Brady will be in the Super Bowl, and most likely of all – someone is going to challenge the way Section 40 liens are calculated in New […]
New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity
In 1979 the New Jersey legislature adopted a change to N.J.S.A. 34:15-7 to add that recreational and social activities are not compensable unless the injured worker could prove that the activity promoted a benefit to the employer beyond improvement of health and morale. Prior Supreme Court cases have already made clear that if an employer […]
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