A Capehart Scatchard Blog

Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey

By on August 17, 2018 in Uncategorized with 0 Comments

Samuel Kamenette drove over-the-road trucks for Sangillo & Sons.  He was injured on October 9, 2015  in the State of Wyoming. He was driving a load from California to New Jersey.  He slept the night before in his truck, and in the morning he drove for an hour to a Flying J, part of a […]

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Liability Carrier’s Exclusion of Coverage for Workers’ Compensation Injuries Applies to Section 79 General Contractor Determinations of Employment

By on August 9, 2018 in Workers' Comp with 0 Comments

New Jersey has a sensible provision that protects employees of subcontractors who are injured on construction jobs.  If an employee of a subcontractor is injured on a job, and the subcontractor has no workers’ compensation insurance, the injured employee becomes covered by the general contractor’s workers’ compensation policy.  But what if the injured employee instead […]

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Appellate Division Rules Accident in Access Driveway of Employer after Lunch Was Compensable

By on August 2, 2018 in Compensability with 0 Comments

George Washington, an employee of Runnells Center for Rehabilitation and Healthcare, left work on March 5, 2015 and drove his car to pick up lunch at a nearby restaurant.  Returning from lunch, his car struck a guardrail on a snow-covered access driveway owned by Runnells.  He completed an accident report at the scene, exited his […]

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Discovery Rule Keeps Alive Plaintiff’s Medical Malpractice Case and Respondent’s Lien Rights

By on July 26, 2018 in Key Defenses with 0 Comments

Lynda Ferrari was injured at work falling down steps in April 2006.  She sought treatment for her right knee and lower back.  Dr. Joan O’Shea performed authorized surgery to address Ferrari’s right-sided herniated discs at L4-5 and L5-S1.  Ferrari experienced increased pain following surgery.  She saw multiple physicians after the surgery, seeking relief for her […]

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Appellate Division Bars Civil Claim by DPW Worker Who Planned to Leave Work Early But Was In A Car Accident on the Way Back to DPW Office To Fill Out Paperwork for Supervisor to Sign

By on July 16, 2018 in Claims with 0 Comments

Victor Campos worked for the Department of Public Works for the City of Passaic.  On December 23, 2013, he was performing maintenance work at City Hall when he began to feel ill.  He made the decision to go home early, but first he had to notify his employer that he was finished for the day […]

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Widow Loses Dependency Claim Based on Failure to Prove That Her Husband Was Exposed to Asbestos

By on July 12, 2018 in Claims with 0 Comments

Dennis Lomet worked for Lawes Coal Company from 1987 to 2012 when he died of lung cancer at the age of 47.  He installed, removed, or repaired heating and air conditioning equipment.  He never smoked cigarettes.  Before he died, he told one of his treating physicians that he thought he had been exposed to chemicals, […]

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Appellate Division Reverses Substantial Award to Custodian Who Contended Five Years of Custodial Work Caused a Need for Bilateral Knee Replacements

By on July 2, 2018 in Awards with 1 Comment

Patrick Malone began working for the Pennsauken Board of Education in 2007 as a custodian.  He said he would sweep floors, take out the trash, clean the blackboards and desktops, remove gum and shoe marks from floors, sometimes climb ladders, and clean toilets, floors and walls.  He also said in the summer he would remove […]

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Employer Has Lien Rights on High/Low Agreement In Medical Malpractice Case Arising From Workers’ Compensation Claim

By on June 25, 2018 in Claims with 0 Comments

In Marano v. Clifford J. Schob, M.D., A-33915-16T2 (App. Div. June 20, 2018), the Appellate Division held that New Jersey’s lien provision does apply to funds that an injured worker received in a medical malpractice suit pursuant to the terms of a “high/low” agreement.  The case affirmed a prior ruling in Pool v. Morristown Memorial […]

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The End of Voluntary Offers in New Jersey?

By on June 22, 2018 in Court Rulings with 1 Comment

On June 21, 2018 the New Jersey Assembly passed Senate 2145, which is a bill long lobbied for by counsel for injured workers.  The measure passed by a 2-1 margin and now goes to the Governor for signature, the Senate already having passed the bill.  The legislation makes a significant change in removing the incentive […]

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Court Holds That Federal Law Trumps State Marijuana Law

By on June 19, 2018 in Other with 1 Comment

Twin Rivers Paper Company cannot be compelled to reimburse the costs of an injured worker’s medical marijuana because the federal Controlled Substances Act trumps the state’s Medical Marijuana Law. Gaetan Bourgoin suffered a work related back injury while employed at Twin Rivers Paper Company in 1989 in the State of Maine. Eventually he received total […]

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Accident Walking To Car Found Compensable In Application for Accidental Disability Pension

By on June 18, 2018 in Compensability with 1 Comment

New Jersey public employees who are unable to work due to work accidents may apply for generous accidental disability pensions, providing approximately two thirds to 70% of pay with no federal taxes owed.  The standards for an accidental disability pension are rather similar to those in a workers’ compensation case, as is shown by the […]

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Employer Did Not Violate FMLA in Firing Employee Recovering From Workers’ Comp Injury

By on June 8, 2018 in FMLA with 0 Comments

Robert Stein worked for Atlas Industries.  He tore his meniscus at work and ten weeks into his recovery he saw the treating surgeon, who allegedly said that Stein would not be released from work until August 10th.  Stein admitted that the surgeon gave him a release slip to return to work on July 20th but […]

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The Most Common Mistake In Permanency Assessments: Evaluating Medical Records, Not Individuals

By on June 1, 2018 in Awards with 2 Comments

Assessing permanent disability is such a vital aspect of every formal workers’ compensation claim petition.  New Jersey is a loss of function state unlike the more common wage loss states.  An employee can return to his or her job following treatment or surgery, perform the very same work tasks, and still remain eligible for a […]

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Why Prompt Reporting Policies Are Crucial Even If New Jersey’s Notice Statute Remains Weak

By on May 25, 2018 in Claims with 0 Comments

The failure to report a claim in a timely manner generally leads to powerful defenses that help employers prevail in workers’ compensation court.  But lack of timely notice is seldom one of those defenses in New Jersey.  That sounds like a conundrum.  Shouldn’t lack of timely notice be the first defense that jumps to one’s […]

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Appellate Division Holds Employee Who Was Required To Report To Work During Snow Storm Was Covered During Commute Even Though He Was Reporting To Normal Work Site

By on May 16, 2018 in Compensability with 0 Comments

In a rather unique unreported case, the Appellate Division recently held that a drive to the normal work site can be considered compensable on the facts in Minter v. Mattson, A-1916-15T4 (App. Div. May 10, 2018).  The case involved a kitchen worker, Antoine Minter, who called out of work due to a heavy snow storm […]

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