New Jersey Supreme Court Finds Parking Lot Accident Compensable
On January 18, 2022, the New Jersey Supreme Court concluded round three of Diane Lapsley v. Township of Sparta, a case that dates back to February 3, 2014. On that date Mrs. Lapsley, a librarian for the Township, left work early when the Township closed the library due to a snowfall. Her husband picked her […]
Key New Jersey Legislation In 2022: Expansion Of Compensability Of Parking Lot Injuries And Resumption Of Public Health Emergency
In the first few days of 2022, two major legislative developments have significantly impacted workers’ compensation law. The legislation effectively repealing the Supreme Court decision in Hersh v. County of Morris, 217 N.J. 236 (2014) will have a long-term impact on workers’ compensation in New Jersey; the resumption of the public health emergency will likely […]
New Jersey Workers’ Compensation Benefit Rates Are Skyrocketing
It is not widely known but the new 2022 workers’ compensation benefit rates are 10% higher than those in 2021! Yes, you read that correctly – 10% higher than in 2021. That is the highest jump in benefit rates since the early 1980s. The annual percentage increase in maximum and minimum benefits from 1990 to […]
Back Injury To School Nurse Found Not Compensable Where She Participated in Cardio Club Activity Before School
On December 8, 2021, the New Jersey Appellate Division affirmed the dismissal of a claim for serious back injuries filed by Meghan Ryan-Wirth, a school nurse, against the Hoboken Board of Education and the Pooled Insurance Program Joint Insurance Fund. Petitioner, a school nurse, was injured participating in a morning Cardio Club activity with teachers […]
Practical Advice In Defending COVID-19 Claim Petitions
Many claim petitions have been filed in the Division of Workers’ Compensation seeking awards of permanent partial and total disability as well as dependency benefits arising from exposure to COVID-19. The high number of COVID claim petitions reflects the fact that well over 1.2 million cases have been confirmed as COVID positive in New Jersey, […]
Why Good Adjusters Are Crucial To Success In Workers’ Compensation Court
Every defense lawyer knows that success in workers’ compensation court is the ultimate team sport. There are many key participants: employers, supervisors, adjusters, counsel, account managers, brokers, experts, IME doctors, physicians, nurse case managers and vendors such as investigators. All play important roles but more often than not, the adjuster is the quarterback. It has […]
Governor Signs Job Preference Law For Employees Who Have Reached Maximal Medical Improvement
Readers of this blog are aware that earlier this year the New Jersey Assembly introduced legislation to create employment rights under the New Jersey Workers’ Compensation Act for workers who reach maximal medical improvement but cannot perform their job any longer. Many employers have written to say they were shocked this bill was being introduced. […]
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 […]
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