A Capehart Scatchard Blog

Basic Principles to Consider In Appeals from the Division of Workers’ Compensation

By on October 18, 2018 in Workers' Comp with 0 Comments

In every workers’ compensation trial both parties believe passionately in their position, but in the end, one party will prevail and one will lose.  Inevitably, the losing party will have to consider whether to file an appeal.  It is important to understand the appellate process, particularly the types of cases that stand a good chance […]

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Fired Amtrak Employee Can Proceed To Jury Trial on Claim of Perceived Disability Discrimination

By on October 12, 2018 in Other with 0 Comments

David Rollins worked for Amtrak for 23 years until August 2015 as a supervisor in North Brunswick, N.J. overseeing 20 employees performing track maintenance.  His normal supervisor went on vacation, and Rollins experienced tension and stress with his temporary supervisor, Josh Newbold.  Rollins reported to another supervisor, Semliatschenko, his concerns about safety due to what […]

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Understanding Causation and Liability in Relation to Section 20 Settlements

By on October 5, 2018 in Awards with 0 Comments

New Jersey workers’ compensation has two kinds of settlements: those under Section 20, a full and final settlement, and those under Section 22, an accepted percentage of disability settlement with reopener rights retained by the petitioner.  Section 20 settlements are popular with employers and carriers because they do not involve an admission of liability, and […]

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Advantages of Telemedicine in Workers’ Compensation

By on September 28, 2018 in Other with 0 Comments

Does telemedicine have a place in workers’ compensation?  This practitioner was undecided on this question until a week ago when participating in a conference devoted to the benefits of using telemedicine in workers’ compensation. The presentation was offered by Concentra, and it made a strong case for telemedicine as a useful adjunct to workers’ compensation […]

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Workers’ Compensation Injury Leads to Indefinite Suspension On Account Of Refusal Of Injured Worker To Submit to Medical Marijuana Drug Testing

By on September 19, 2018 in Court Rulings with 0 Comments

Daniel Cotto worked as a forklift operator at Ardagh Glass in Bridgeton, N.J.  On November 1, 2016, Cotto hit his head on the roof of a forklift at work.  He was advised to see Premier Orthopedics in Vineland, N.J. for a medical examination, and a Premier Orthopedics doctor placed Cotto on light duty work with […]

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Full Salary Provisions Under New Jersey Workers’ Compensation

By on September 14, 2018 in Workers' Comp with 0 Comments

Employees who are out of work due to work injuries or illnesses are eligible for temporary disability benefits at a rate of 70% of wages subject to an annual maximum.  In 2018 that maximum is $903 per week.  That means that the employee who earns $2,000 per week or even $20,000 per week is limited […]

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The Two Minimum Rates in New Jersey Workers’ Compensation

By on September 7, 2018 in Workers' Comp with 0 Comments

Everyone knows that New Jersey has a minimum rate for temporary disability benefits, but it is not as widely understood that New Jersey also has a minimum rate for permanency.  In 2018 the minimum rate for temporary disability benefits is $241 per week.  But the minimum rate for permanency remains $35 per week, as it […]

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Legislative Changes to New Jersey Workers’ Compensation

By on August 31, 2018 in Workers' Comp with 0 Comments

On August 24, 2018, Governor Murphy signed a bill that for all practical purposes ends the right of employers to make bona fide offers of permanent partial disability free of counsel fees.  The statute that enabled employers to make bona fide offers within 26 weeks of maximal medical improvement, or return to work, whichever is […]

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Understanding The Idiopathic Defense

By on August 24, 2018 in Key Defenses with 0 Comments

We hear the term “idiopathic claim” quite frequently in workers’ compensation, but what does it really mean?  To begin with, “idiopathic” is a combination of two Greek words:  “idio” relating to “one’s own” and “pathic” suggesting suffering or disease.  It has come to mean any disease or condition of unknown cause.  Lawyers and practitioners have […]

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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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