A Capehart Scatchard Blog

Section Twenty Settlements and Subrogation Rights

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

Section 20 settlements are not technically payments of workers’ compensation benefits except for insurance rating purposes.  These settlements are popular with employers because the file can be closed for good with no potential for a reopener claim.  In many states, the Section 20 settlement is called a full and final settlement.  But does a Section […]

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Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy

By on December 5, 2018 in Court Rulings with 0 Comments

One of the most significant cases to be decided by the Appellate Division with respect to subrogation rights was issued on December 4, 2018 in New Jersey Transit Corporation v. Sanchez, A-0761-17T3 (App. Div. December 4, 2018).  The case will have an impact on how employers deal with a very common scenario in New Jersey. […]

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The Amazing Rise of Medical Claim Petitions in New Jersey Workers’ Compensation

By on November 29, 2018 in Claims with 0 Comments

Just six years ago, former Governor Chris Christie signed into law a bill which vested exclusive jurisdiction within the Division of Workers’ Compensation over any disputed medical charge arising from any claim for compensation for a work-related injury or illness.  That was the beginning of what we now call “Medical Claim Petitions” or MCPs filed […]

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Do Voluntary Offers Still Make Sense in New Jersey Comp?

By on November 16, 2018 in Awards with 0 Comments

By now all workers’ compensation practitioners know of the law change in 2018 with respect to voluntary offers or bona fide offers of permanency.  The new law amended the 1927 law that allowed employers to make voluntary offers within certain time limits free from counsel fee.  The law passed in 2018 provides that if there […]

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New Jersey Plaintiff Failed to Prove His Obesity Met Standard of an ADA Disability

By on November 9, 2018 in ADA with 0 Comments

Richard Helmrich worked as an Assistant Director of Food and Beverage at Mountain Creek Resort.  He was a large man, six-feet-tall with a body mass index between 40.27 and 47.53, above the threshold for obesity.  During his employment with the Resort he informed his boss of his weight and heart conditions.  His doctor diagnosed him […]

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UBER Style Business Found To Be Employer of Driver

By on October 31, 2018 in Other with 0 Comments

Julio Pendola fractured his ankle in 2014 picking up a customer and filed a petition in the Division of Workers’ Compensation.  He asserted that he worked exclusively as a driver for Classic, which had over 100 cars.  He purchased his own car after consulting with Classic.  The company required Pendola to paint the car silver […]

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Two Competing Maxims In Workers’ Compensation

By on October 26, 2018 in Compensability with 0 Comments

There are two maxims in workers’ compensation that appear on their face to be contradictory.  The first is that the employer takes employees as the employer finds them.  The second is that employers are not responsible for idiopathic or purely personal conditions.  Both maxims generally pertain to workers who have preexisting conditions, and both maxims […]

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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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