A Capehart Scatchard Blog

Archive for August, 2011

Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim

By on August 29, 2011 in NJ Workers' Comp, Uncategorized with 0 Comments

There are thousands of medical reimbursement claims filed by medical providers in the New Jersey Division of Workers’ Compensation.  A comprehensive decision following a lengthy trial was recently handed down by the Honorable Virginia Dietrich, Administrative Supervisory Judge of Compensation.  To this practitioner’s knowledge, this is the first fully tried decision in the Division involving […]

Continue Reading »

Appellate Division Holds That Division Of Workers’ Compensation Has Jurisdiction To Decide Coverage Issue

By on August 23, 2011 in Key Defenses, NJ Workers' Comp with 0 Comments

Robert Tutelais a member of Earthworks Limited Liability Company and also one of its employees.  Earthworks is in the business of landscape construction.  In 2008 Earthworks through Tutela filed an application with Sentinel Insurance Company for workers’ compensation coverage.  Representations were made that Earthworks hired independent contractors to perform tree work and that all of […]

Continue Reading »

Calling In “Sick” Is Not Enough To Invoke The FMLA

By on August 17, 2011 in FMLA, NJ Workers' Comp with 0 Comments

Employers are somewhat behind the eight ball in the FMLA because the employee need not specifically invoke the “FMLA” in order to obtain protection under the law.  Nor does the employee have to give detailed information about health; rather, the employer has to consider whether the FMLA applies based on what the employee says is […]

Continue Reading »

Appellate Division Allows Medical Reimbursement Claim To Proceed In Civil Court While Comp Case Is Pending

Legal actions for reimbursement by medical providers have become very common in the New Jersey Division of Workers’ Compensation.  Now they are even more complex following the decision in The Valley Hospital v. LQ Management LLC, A-0831-10T1 (App. Div. August 8, 2011). The facts are straightforward.  An employee of LQ Management, LLC, was treated for […]

Continue Reading »

Teacher Found Still In Employment When Injured After Picking Up Child At School Where Teacher Worked

Workers’ compensation issues often arise in the context of civil litigation.  That is what happened in the case of High v. Rose, A-2539-09T1 (App. Div. July 26, 2011).  Toni Lee High worked as a nurse at Montclair Kimberley Academy.  On the day of the accident High was supervising children entering school buses at the Academy […]

Continue Reading »

Top