A Capehart Scatchard Blog

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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Appellate Court Affirms Judge of Compensation in Ruling That Continued Opioid Use Would Neither Reduce Pain Nor Improve The Injured Worker’s Function

By on October 7, 2019 in Awards with 0 Comments

There are surprisingly few appellate division cases focusing on the employer’s obligation to provide continuing opioid treatment.  Martin v. Newark Public Schools, A-0338-18T4 (App. Div. October 4, 2019) is therefore one case practitioners should study closely.  The case involved a reopener of an award for Samuel Martin of 15% permanent partial disability for aggravation of […]

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What Past Medical History Is Most Important In Orthopedic Claims in Workers’ Comp?

By on October 4, 2019 in Workers' Comp Basics with 0 Comments

The New Jersey workers’ compensation system has one glaring drawback for employers, namely the absence of any formal discovery in traumatic injury cases.  There are no standard interrogatories in traumatic claims and no depositions.   The consequence of this is that claims sometimes get passed through workers’ compensation that really involve long-standing and preexisting conditions which […]

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The Concept of “Work Connected” in New Jersey Workers’ Compensation

By on September 27, 2019 in Workers' Comp Basics with 0 Comments

Employers are responsible for “accidents arising out of employment” under most state workers’ compensation laws.  What does this language really mean?  The easiest way to interpret this language is to consider whether the accident has a genuine connection to work or just happens to occur at work. Take for example someone who is sitting at […]

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Appellate Court Holds That Employee Failed to Prove That United Airlines Was Responsible for Injury to Worker’s Shoulder Related To Physical Therapy Performed On Her Work-Related Wrist Injury

By on September 20, 2019 in Testimony with 0 Comments

What happens when an employee is treating for one injury and during the course of treatment he or she develops a brand new injury? There are precious few cases on this set of facts, and the latest decision in Robinson v. United Airlines is extremely important to practitioners in analyzing how to approach derivative injury […]

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Handling Scar Injury Cases Effectively In New Jersey

By on September 6, 2019 in Claims with 0 Comments

There are a large number of petitions for permanent partial disability benefits filed each year in New Jersey for scars and serious lacerations.  It is important for practitioners to understand that injuries due to scars are subject to completely different proofs from all other physical injury claims in New Jersey.  The main difference between a […]

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The Limitations of Settlements in New Jersey Comp

By on August 29, 2019 in Settlements with 0 Comments

This practitioner is often asked two questions regarding workers’ compensation settlements in New Jersey:  1) Can we settle out of court? and 2) Can we get a termination agreement at the time of settlement? There are a number of limitations on settlements in New Jersey that are different from the practice of law in other […]

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Can A Dependent Settle A Dependency Claim By Section 20 And Then Sue The Uninsured Employer?

By on August 23, 2019 in Claims with 0 Comments

The case of Kaur v. Garden State Fuels, Inc., A-2135-17T1 (App. Div. April 12, 2019) presents some interesting legal issues.  The facts begin with the tragic death of Surinder Singh, who was shot and killed during the course of his employment at Woodbury Gulf LLC.  In 2014 Singh’s widow, Kirandeep Kaur, filed a dependency claim […]

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Maximizing Defense IMEs in New Jersey Workers’ Compensation

By on August 16, 2019 in Workers' Comp Basics with 0 Comments

An independent medical examination can be requested at any reasonable time and place in the state for a variety of reasons: there may be an issue of causation, ability to work, second opinion on surgery, need for further treatment, or assessment of permanent partial disability.  No matter what the purpose of the examination is, a […]

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