A Capehart Scatchard Blog

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 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 […]

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 »

Top