A Capehart Scatchard Blog

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

Maximizing Defense IMEs in New Jersey Workers’ Compensation

By on August 16, 2019 in Workers' Comp 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 […]

Share

Continue Reading »

Counsel Fees in Dependent Spouse Claims May Be Based On The Life Expectancy Of The Dependent Spouse, Not 450 Weeks

By on August 7, 2019 in Claims with 0 Comments

In an important reported decision, and one of first impression at the Appellate level, the Court in Collas v. Raritan River Garage, A-3103-17T4, (App. Div. July 19, 2019), held that the Judge of Compensation was correct in basing the counsel fee of petitioner on petitioner’s life expectancy, not limited to 450 weeks, as has been […]

Share

Continue Reading »

United Airlines Wins Important Appellate Decision Involving Jurisdiction

By on July 31, 2019 in Other with 0 Comments

There are precious few reported decisions dealing with the jurisdictional requirements for bringing a claim petition in New Jersey when a New Jersey resident is employed out of state, is injured working out of state and is hired out of state.  In the reported case of Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, […]

Share

Continue Reading »

Governor Signs New Public Safety Workers’ Compensation Laws Which Will Pose Fiscal And Legal Challenges for New Jersey Public Entities

By on July 22, 2019 in Compensability with 0 Comments

On July 8, 2019, Governor Phil Murphy signed Senate No. 716 into law, a bill which makes sweeping changes to occupational disease claims for New Jersey public safety employees.  There are many aspects of the new law, known as the “Thomas P. Canzanella Twenty First Century First Responders Protection Act.”  The single most onerous provision […]

Share

Continue Reading »

Stacking Injuries to Multiple Body Parts Resulting From The Same Accident and The Impact on Reopeners and New Accidents

In 1979, the New Jersey Legislature made sweeping changes to the Workers’ Compensation Act.  Among those was the creation of a sliding scale on the Schedule of Disabilities found in N.J.S.A. 34:15-12c.  The legislative intent was to award greater compensation to the more seriously injured worker.  To accomplish this intent, the pertinent language in Section […]

Share

Continue Reading »

Petitioner Failed To Show Her Worsened Disability On Reopener Related Back to Her 1999 Work-Related Motor Vehicle Accident with Sprint PCS

By on July 3, 2019 in Claims with 0 Comments

Reopener petitions abound in New Jersey, but seldom does an injured worker seek on reopener to move an award of 30% permanent partial disability to total and permanent disability benefits.  That was the issue in Camarena v. Sprint PCS, A-2205-17T2 (App. Div. June 24, 2019).  Ms. Camarena obtained an award of 30% permanent partial disability […]

Share

Continue Reading »

Appellate Division Affirms Decision of Judge of Compensation Finding That The New Jersey Sports and Exposition Authority Did Not Need To Reconstruct Petitioner’s Wage in Award of One Third of Permanent Partial Disability

By on June 27, 2019 in Awards with 0 Comments

Reconstruction of Wages is an issue in many New Jersey workers’ compensation matters.  In a case handled by Capehart Scatchard and successfully argued by Keith Nagy, Esq., the Appellate Division stressed that petitioner has to prove permanent impairment of full-time working capacity arising from a work injury before wages must be reconstructed. The case is […]

Share

Continue Reading »

Veterans Administration/Tricare Subrogation Rights – Issues in Workers’ Compensation Practice Requiring a Proactive Approach

By on June 18, 2019 in Workers' Comp with 0 Comments

By:  Alfred Vitarelli, Esq., Shareholder, Stark & Stark Yes, it’s me again with yet another nightmare-inducing minefield to trap the unwary practitioner. Well, perhaps that’s an extreme analogy. But since we are dealing with Department of Defense-based health coverage, I believe a military-themed introduction is a necessity. Ok, I’ve got it: think of these liens […]

Share

Continue Reading »

Shoulder Injury Arising From Altercation Between Co-Employees Held Compensable

By on June 14, 2019 in Compensability with 0 Comments

Sometimes tensions flare up between employees resulting in physical altercations with unexpected consequences.  A case in point is Bhut v. Aluminum Shapes, No. A-4652-17T1, 2019 N.J. Super. Unpub. LEXIS 1322 (App. Div. June 10, 2019).  The petitioner, Mr. Bhut, worked as a technician fixing manufacturing equipment.  He said that on May 21, 2017, he entered […]

Share

Continue Reading »

When May An Employer Or Carrier Accelerate Future Permanency Award Payments In A Lump Sum?

By on June 7, 2019 in Awards with 0 Comments

Most workers’ compensation awards in New Jersey are settled with a percentage of disability paid over time in weekly installments.  These are called Orders Approving Settlements under N.J.S.A. 34:15-22.  A smaller portion of settlements are paid in one lump sum under N.J.S.A. 34:15-20.  This second category only applies when there is an issue of jurisdiction, […]

Share

Continue Reading »

NJSEA Teamster Truck Driver Found Not To Be Special Employee Of Exhibitors At Izod Center

By on May 31, 2019 in Policy with 0 Comments

A cardinal rule in workers’ compensation is that an employee cannot sue his or her employer in civil court for a work injury except for rare circumstances involving intentional harm.   But what if the employee has two employers?  Does that rule apply to both employers?  The answer is yes, the rule applies to both employers, […]

Share

Continue Reading »

Petitioner Proved Work Exposures Materially Caused or Contributed To His Colorectal Cancer

By on May 24, 2019 in Claims with 0 Comments

It can be challenging to prove that a fairly common cancer occurring frequently in the general population is work related.  The case of Proscia v. Advanced Biotech, A-3017-17T2 (App. Div. April 26, 2019) offers interesting guidance on how an injured worker can prove such a case.   Frank Proscia worked for Advanced Biotech (AB) from […]

Share

Continue Reading »

Top