A Capehart Scatchard Blog

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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Appellate Division Reverses Substantial Award to Custodian Who Contended Five Years of Custodial Work Caused a Need for Bilateral Knee Replacements

By on July 2, 2018 in Awards with 1 Comment

Patrick Malone began working for the Pennsauken Board of Education in 2007 as a custodian.  He said he would sweep floors, take out the trash, clean the blackboards and desktops, remove gum and shoe marks from floors, sometimes climb ladders, and clean toilets, floors and walls.  He also said in the summer he would remove […]

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Employer Has Lien Rights on High/Low Agreement In Medical Malpractice Case Arising From Workers’ Compensation Claim

By on June 25, 2018 in Claims with 0 Comments

In Marano v. Clifford J. Schob, M.D., A-33915-16T2 (App. Div. June 20, 2018), the Appellate Division held that New Jersey’s lien provision does apply to funds that an injured worker received in a medical malpractice suit pursuant to the terms of a “high/low” agreement.  The case affirmed a prior ruling in Pool v. Morristown Memorial […]

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The End of Voluntary Offers in New Jersey?

By on June 22, 2018 in Court Rulings with 1 Comment

On June 21, 2018 the New Jersey Assembly passed Senate 2145, which is a bill long lobbied for by counsel for injured workers.  The measure passed by a 2-1 margin and now goes to the Governor for signature, the Senate already having passed the bill.  The legislation makes a significant change in removing the incentive […]

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Court Holds That Federal Law Trumps State Marijuana Law

By on June 19, 2018 in Other with 1 Comment

Twin Rivers Paper Company cannot be compelled to reimburse the costs of an injured worker’s medical marijuana because the federal Controlled Substances Act trumps the state’s Medical Marijuana Law. Gaetan Bourgoin suffered a work related back injury while employed at Twin Rivers Paper Company in 1989 in the State of Maine. Eventually he received total […]

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Accident Walking To Car Found Compensable In Application for Accidental Disability Pension

By on June 18, 2018 in Compensability with 1 Comment

New Jersey public employees who are unable to work due to work accidents may apply for generous accidental disability pensions, providing approximately two thirds to 70% of pay with no federal taxes owed.  The standards for an accidental disability pension are rather similar to those in a workers’ compensation case, as is shown by the […]

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Employer Did Not Violate FMLA in Firing Employee Recovering From Workers’ Comp Injury

By on June 8, 2018 in FMLA with 0 Comments

Robert Stein worked for Atlas Industries.  He tore his meniscus at work and ten weeks into his recovery he saw the treating surgeon, who allegedly said that Stein would not be released from work until August 10th.  Stein admitted that the surgeon gave him a release slip to return to work on July 20th but […]

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The Most Common Mistake In Permanency Assessments: Evaluating Medical Records, Not Individuals

By on June 1, 2018 in Awards with 2 Comments

Assessing permanent disability is such a vital aspect of every formal workers’ compensation claim petition.  New Jersey is a loss of function state unlike the more common wage loss states.  An employee can return to his or her job following treatment or surgery, perform the very same work tasks, and still remain eligible for a […]

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Why Prompt Reporting Policies Are Crucial Even If New Jersey’s Notice Statute Remains Weak

By on May 25, 2018 in Claims with 0 Comments

The failure to report a claim in a timely manner generally leads to powerful defenses that help employers prevail in workers’ compensation court.  But lack of timely notice is seldom one of those defenses in New Jersey.  That sounds like a conundrum.  Shouldn’t lack of timely notice be the first defense that jumps to one’s […]

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Appellate Division Holds Employee Who Was Required To Report To Work During Snow Storm Was Covered During Commute Even Though He Was Reporting To Normal Work Site

By on May 16, 2018 in Compensability with 0 Comments

In a rather unique unreported case, the Appellate Division recently held that a drive to the normal work site can be considered compensable on the facts in Minter v. Mattson, A-1916-15T4 (App. Div. May 10, 2018).  The case involved a kitchen worker, Antoine Minter, who called out of work due to a heavy snow storm […]

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Police Officer Who Could Not Drive Failed In His Disability Discrimination Suit

By on May 4, 2018 in ADA with 0 Comments

Jeremy Christensen worked as a patrol officer for the Warner Robins Police Department in the State of Georgia.  He completed a required 12-week certification training program.  However, he experienced shooting pains and leg cramps while driving on September 2, 2013. Nonetheless, he finished the program and began a one-year probationary period required for all new […]

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Rules Regarding Future Payments Under Permanency Awards and Commutations

By on April 27, 2018 in Awards with 0 Comments
Rules Regarding Future Payments Under Permanency Awards and Commutations

New Jersey adjusters sometimes ask why future benefits under an order approving settlement with a percentage of disability cannot be paid in a lump sum to the injured worker.  In other words, why is there a requirement that future payments be paid out over a period of many weeks or even many years? This question […]

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Audience Quiz: Two New Jersey Comp Brain Teasers

By on April 20, 2018 in Other with 1 Comment
Audience Quiz:  Two New Jersey Comp Brain Teasers

Today’s blog contains two interesting workers’ compensation quizzes, which were asked at the April 19, 2018 Millennium Seminar in Mt. Laurel, N.J.  We invite readers to email responses.  Next week the winning answers will be announced. Question One: Jane Friedman is a CPA for Best Accountants.  She left her office to visit a client one […]

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Appellate Division Rejects Reopener of High Percentage Award

By on April 13, 2018 in Awards with 0 Comments

New Jersey employers like reopener claims about as much as homeowners like back-to-back blizzards.  The general view is that employers have virtually no defenses and have to pay more with each reopener. The truth is that employers can win reopener cases where the petitioner’s expert cannot really prove the petitioner’s condition has worsened since the […]

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