A Capehart Scatchard Blog

Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

By on September 14, 2017 in Claims with 0 Comments
Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

Light duty was the issue in Smith v. DuPage Cnty. Sheriff, 33 AD Cases 789 (N.D. Ill. June 5, 2017).  Four Sheriff’s Deputies suffered work injuries in 2013 and 2014 and received full salary for one year while on leave from their injuries.  After the one-year period, the officers received the statutory amount for temporary […]

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Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer

By on September 7, 2017 in Claims with 0 Comments
Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer

Occupational psychiatric claims, like all occupational claims, must be filed within time or be subject to the statute of limitations defense.  The challenge is always whether the employer can prove that the employee knew the nature of his condition and its relationship to work.  That was the issue in Bender v. Township of North Bergen, […]

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New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations

By on August 31, 2017 in Key Defenses with 0 Comments
New York Staffing Company’s Carrier Must Pay Workers’ Comp for Injury In New Jersey Even Though the Policy Specified Solely New York Locations

Cases involving temporary staffing agencies and professional employer organizations often lead to unusual and complex legal issues in workers’ compensation.  The recent case of Detres v. Workforce Logistics Corp., A-4963-15T1 (App. Div. August 25, 2017) illustrates this point quite well by delving deeply into coverage and conflicts of law issues in a very high exposure […]

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Court Rejects Argument that Level I and II Trauma Centers Deserve Special Fee Schedules in Comp

By on August 24, 2017 in Claims with 0 Comments

In University Physicians Associates v. Transport Drivers, Inc., A-3350-15T2 (App. Div. August 22, 2017), the Appellate Division considered an argument that Level I and II Trauma Centers should be given different treatment when it comes to billing along the lines that they receive under the fee schedule for No-Fault automobile policies. The case stemmed from […]

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How Employers Can Win Trials On Reopeners

By on August 22, 2017 in Awards with 0 Comments
How Employers Can Win Trials On Reopeners

Last week I wrote about how employers should not handle reopener claims, namely trying them on reports without expert testimony.  The case of Kalucki v. United Parcel Service, A-3486-15T3 (App. Div. August 15, 2017) demonstrates the winning strategy for employers to adopt in reopener claims. The case involved an injury that took place many years […]

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Respondent’s Decision Not To Produce Live Testimony Costs Dearly On Reopener Award

By on August 15, 2017 in Awards with 0 Comments

There is a cardinal rule in workers’ compensation trials that employers and defense counsel must follow: never try a case on reports unless the exposure is minimal.  To put it another way, where the exposure is significant, the employer must bring in a medical witness for testimony and cross examine the petitioner’s expert.  The employer […]

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UPS Prevails By Means of Occupational Statute of Limitations Defense on Claim for Bilateral Knee Replacement Surgery

By on August 10, 2017 in Key Defenses with 0 Comments
UPS Prevails By Means of Occupational Statute of Limitations Defense on Claim for Bilateral Knee Replacement Surgery

The best defense against an occupational disease claim is often the statute of limitations.  That is how the employer won in Mara v. United Parcel Service, A-3691-15T4 (App. Div. August 4, 2017). The case involved a package car driver named Craig Mara who began working for UPS in 1983.  He filed a claim petition in […]

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How Employers Can Reduce Permanency Awards In New Jersey At No Cost

By on August 3, 2017 in Awards with 0 Comments
How Employers Can Reduce Permanency Awards In New Jersey At No Cost

Permanency awards in the New Jersey Division of Workers’ Compensation can amount to very significant dollars.  An award of 40% partial permanent disability at 2017 rates amounts to $114,720 – tax free.  Furthermore, the case can be reopened within two years from the last date of payment for further permanency benefits.  If the employee reopens […]

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New Jersey Supreme Court Rejects Summary Judgment for Hospital in Terminating Disabled Employee

By on July 25, 2017 in Court Rulings with 0 Comments
New Jersey Supreme Court Rejects Summary Judgment for Hospital in Terminating Disabled Employee

Workers’ compensation claims often lead to complex disability discrimination law suits, and the recent New Jersey Supreme Court case of Grande v. Saint Clare’s Health System (A-67-15) (July 12, 2017) provides a good example of this.   The case concerned the termination of a registered nurse by the hospital following a series of work-related injuries involving […]

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Appellate Division Finds Employee Status, Not Casual Employee Or Independent Contractor Status

By on July 18, 2017 in Court Rulings with 0 Comments
Appellate Division Finds Employee Status, Not Casual Employee Or Independent Contractor Status

Michael Savio was injured on a job site on June 1, 2006.  He stated that he worked for Matthew Giambri for four weeks on two job sites, pouring concrete on one site, and doing plumbing work on the other site.  Giambri paid him $150 per day to pour concrete; otherwise, he paid him $100 to […]

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Appellate Division Affirms Award of UPS Driver’s Motion for Med and Temp

By on July 13, 2017 in Awards with 0 Comments
Appellate Division Affirms Award of UPS Driver’s Motion for Med and Temp

Roy Hendrickson worked for thirty years at UPS.  His first 19 years were as a package car driver making over 100 stops per day to deliver or pick up packages.  He injured his back in 1992 but did not file a workers’ compensation claim.   In 2002 he injured his back lifting a heavy package, losing […]

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Injury To Officer On Unscheduled Day Is Found Compensable Because Officer Was Not Just Picking Up Paycheck But Checking Scheduled Court Dates

By on July 6, 2017 in Compensability with 0 Comments

In a surprising but unreported decision, the Appellate Division affirmed an award to a police officer who fell in the municipal parking lot on December 9, 2011 on a day when he was not supposed to be at work.  The officer said he came to work to collect his paycheck and also to check his […]

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The Critical Importance of a Thorough Supervisor’s Report Form in Workers’ Compensation

By on June 29, 2017 in Policy with 0 Comments
The Critical Importance of a Thorough Supervisor’s Report Form in Workers’ Compensation

In every state, two investigative forms have an enormous impact on helping employers save money and win cases in workers’ compensation: first, a detailed Employee Accident Form filled out entirely by the injured employee and signed by the employee, and second, a detailed Supervisor’s Report Form.   This practitioner has tailored both forms for the use […]

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County GPS System Defeats Petitioner’s Comp Claim on Appeal

By on June 22, 2017 in Key Defenses with 0 Comments
County GPS System Defeats Petitioner’s Comp Claim on Appeal

A good Global Positioning System can make all the difference in certain kinds of cases. Longstreet v. County of Mercer, A-3361-152 (App. Div. June 20, 2017) illustrates how effective this technology can be for claims involving injuries while driving work vehicles. The case involved a claim by a heavy equipment operator against the County of […]

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Answers to Often Bewildering Questions about New Jersey Comp Settlements

By on June 12, 2017 in Awards with 0 Comments
Answers to Often Bewildering Questions about New Jersey Comp Settlements

Clients often ask questions about the permanency phase of the New Jersey Workers’ Compensation system.  Frankly our system with respect to awards of permanent partial disability is so vastly different than those of neighboring states that it is no wonder there is confusion.  Here are some of the questions this practitioner regularly receives. Question (1): […]

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