A Capehart Scatchard Blog

Archive for January, 2013

Can Job Termination Agreements Be Negotiated as Part of Workers’ Compensation Settlements in New Jersey?

By on January 25, 2013 in Uncategorized with 0 Comments

There are no published cases dealing with resignation as part of workers’ compensation agreements in New Jersey.  Contrary to other states where such resignation agreements are routine, New Jersey employers and carriers seldom negotiate resignation in connection with a workers’ compensation settlement.  One main reason this practice does not prevail in New Jersey is that […]

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Medicare Smart Act Signed By President Obama

By on January 17, 2013 in Uncategorized with 0 Comments

Workers’ compensation practitioners should be aware that President Barack Obama signed the SMART Act on January 10, 2013 (H.R.1845).  Just as a side, this bill was attached to a Medicare IVIG Access Bill which has nothing to do with Medicare Conditional Payments. The MSP reforms within this bill are summarized as follows: Section 201 (Conditional […]

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New Jersey Adopts McDonnell Douglas Test for Retaliation Claims in Workers’ Compensation

By on January 7, 2013 in ADA with 0 Comments

New Jersey is a state with relatively few retaliation law suits arising from workers’ compensation.  For that reason, the decision in Peralta v. Joule Staffing Services, Inc., A-1004-11T3, A-1005-11T3 (App. Div. January 3, 2013) is drawing attention from practitioners. Ronald Peralta, a native of Peru, worked as a forklift operator for Joule Staffing Services from […]

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