A Capehart Scatchard Blog

Archive for July, 2013

Employer May Be Entitled To Offset For Overpayment Of Benefits To Petitioner

Adam Weiner worked for the Elizabeth Board of Education and received an award of 100% total and permanent disability on October 18, 2000.  That entitled him to $480 per week for 450 weeks and thereafter.  That award was reduced on January 9, 2001 to $340.98 per week due to the social security disability offset rate. […]

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Appellate Court Approves Dismissal of Firefighter’s Occupational Knee Injury Claim

John Machiaverna worked for the City of Newark as a firefighter since 1988.  He filed a workers’ compensation claim for his left knee in 2008, alleging that repeated work stressors over many years caused extensive knee problems and a need for knee replacement surgery in May 2007.  He contended that his knee problems were due […]

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The “General Employer” Is Immune From Civil Suit From An Employee Loaned To A “Special Employer” In New Jersey

In December 2006, Bobby Robinson was injured working at a construction site in Asbury Park, N.J. when a jack hammer “kicked back” and knocked him off a ladder.  He filed two workers’ compensation petitions:  one against Tishman Construction Corporation and the other against Air Joy Heating and Cooling, Inc.  The two companies asserted joint responsibility for […]

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Fitness-For-Duty Exams in Workers’ Compensation

By on July 10, 2013 in ADA, NJ Workers' Comp with 1 Comment

The words “fitness for duty” do not appear in the New Jersey Workers’ Compensation Act, but the issue is of paramount importance to employers and employees in many workers’ compensation cases.  In New Jersey the need for a fitness exam is often compelling because medical and temporary disability benefits end at maximal medical improvement often […]

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