A Capehart Scatchard Blog

Kids Chance of New Jersey Needs Your Help In Fundraising Raffle For Students

By on May 6, 2021 in Other with 0 Comments
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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NJ Governor Signs S2476 Supplementing Benefits For Surviving Dependents Of Essential Employees

By on April 23, 2021 in Legislation with 0 Comments

On Tuesday, April 20, 2021, New Jersey Governor Phil Murphy signed into law a bill co-sponsored by Senators Troy Singleton and Dawn Addiego.  The bill will provide weekly supplemental benefits to surviving dependents of essential employees who contracted COVID-19 through work.  The benefits will be paid by the New Jersey Second Injury Fund. The prerequisites […]

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This Month’s Two Key Developments On Jurisdiction Of Medical Claim Petitions And Orders To Compel Reimbursement Of Costs Of Medical Marijuana

By on April 16, 2021 in Court Rulings with 0 Comments

We are two weeks into April, and already the New Jersey Supreme Court has considered two extremely significant issues for workers’ compensation practitioners, employers and carriers.  The first decision was announced on April 1, 2021 when the Supreme Court decided not to take certification in the matter of Anesthesia Assocs. of Morristown, PA v. Weinstein […]

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The Crucial Importance of Examining Treating Medical Records and Employee Accident Forms

By on April 12, 2021 in Workers' Comp Basics with 0 Comments

Many workers’ compensation cases involve unwitnessed orthopedic injuries.  Consider a case where an employee alleges that he or she felt sharp back pain around 11 a.m. in aisle 4 of the store while stocking shelves.  Suppose there is no security video.  Suppose further the employer provides treatment under Section 15 without admitting liability but still […]

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Appellate Division Holds That Public Employee Injured In Shared Parking Lot With Employees And The Public Is Not Covered For Workers’ Compensation Purposes And Can Sue Her Employer

By on March 26, 2021 in Claims with 2 Comments

When an employee is injured on the employer’s premises, including a parking lot owned and controlled by the employer, it is fundamental that such a claim is work related.  If this injury is caused by the actions of another employee, it is also fundamental that the two employees cannot sue each other or their employer […]

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Appellate Court Rejects Compensability Of Assistant Prosecutor’s Fall En Route To Coffee Shop

By on March 19, 2021 in Compensability with 0 Comments

What if two lawyers leave their separate offices to meet at a coffee shop to discuss a case?  Is the commute to the coffee shop compensable for either or both of them?  The answer was no in the context of the facts in Pilone v. County of Middlesex, A-1676-19, (App. Div. March 15, 2021). Lynn […]

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Appellate Court Rules That There Is No Section 40 Lien Deduction For Petitioner’s Share Of Counsel Fees Paid In Workers’ Compensation

By on March 8, 2021 in Counsel Fees with 0 Comments

We all know certain events are going to happen every year:  Alabama is going to play for the national football championship, your property taxes will certainly rise, Tom Brady will be in the Super Bowl, and most likely of all – someone is going to challenge the way Section 40 liens are calculated in New […]

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New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity

By on February 16, 2021 in Court Rulings with 0 Comments

In 1979 the New Jersey legislature adopted a change to N.J.S.A. 34:15-7 to add that recreational and social activities are not compensable unless the injured worker could prove that the activity promoted a benefit to the employer beyond improvement of health and morale.  Prior Supreme Court cases have already made clear that if an employer […]

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New Jersey Assembly Committee Votes To Approve Hiring Preference Bill As Part of New Jersey Workers’ Compensation Act

By on January 29, 2021 in Legislation with 0 Comments

Employers need to be aware of an Assembly bill that would turn the workers’ compensation statute into an employment protection law.  The Assembly Labor Committee recently passed A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson.  The bill will require an employer with at least 50 employees to provide a hiring preference to an injured […]

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Appellate Division Affirms Dismissal of Occupational Tinnitus Claim

By on January 15, 2021 in Claims with 0 Comments

There are not many Appellate Division decisions on occupational hearing loss and tinnitus, which is why the decision is of interest in Donzella v. SG Performance Plastics Corp., A-2408-19T3 (App. Div. January 12, 2021).  The case involved an employee of SG Performance who worked at its manufacturing warehouse in August 2015.  He and 30 other […]

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Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation

By on December 28, 2020 in Other with 2 Comments

As the Moderna and Pfizer COVID-19 vaccines begin to be administered to the population in the United States, many clients have asked whether an adverse reaction to the COVID-19 vaccine would be considered compensable if the employer were to offer a voluntary vaccination program at some time in the future.  Many employers currently offer such […]

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Appellate Division Holds Insurance Carrier Failed to Prove Proper Cancellation of Policy

By on December 10, 2020 in Other with 0 Comments

It remains very difficult for New Jersey insurers to cancel policies in workers’ compensation.  Strict compliance with N.J.S.A. 34:15-81 is required because the state’s policy favors continuation of insurance coverage. The decision in Pierson v. Travelers Indemnity Company, A-3838-19T2 (App. Div. December 7, 2020) illustrates the specific problem of cancellation related to non-payment of an […]

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The Crucial Difference Between Impairment And Disability In Workers’ Compensation

By on December 4, 2020 in Workers' Comp Basics with 1 Comment

Understanding the difference between “impairment” and “disability” is important in properly reserving files and in defending workers’ compensation cases. Many people use the terms synonymously, but there is an important legal distinction. An impairment refers to a problem with the structure or organ of the body. Disability focuses on the functional limitations that are caused by the […]

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Governor Murphy Signs Legislation Clarifying Effective Date of Hand And Foot Bill

By on November 13, 2020 in Legislation with 0 Comments

Earlier this year the new hand and foot bill became effective on January 21, 2020.  This bill marked a significant change in the New Jersey Workers’ Compensation Act.  The language was unambiguous in augmenting the number of weeks for injuries of the hand, foot and fingers.  However, the language was less than clear concerning its […]

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Proposed Bill to Require Carriers to Pay for Costs of Medical Marijuana Passes Committee While the New Jersey Supreme Court is Scheduled to Hear Oral Arguments on the Issue

By on October 30, 2020 in Legislation with 0 Comments

The New Jersey Assembly Appropriations Committee passed A1708 on October 26, 2020, setting the stage for an eventual full Assembly vote on an important piece of legislation concerning the obligation of workers’ compensation carriers and automobile insurers to pay for costs of medical marijuana.  Strangely enough, this Bill is being advanced at the same time […]

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