Archive for October, 2013
Delays Doom Continental Employee’s Workers’ Comp Claim
Smile Alvarez worked as an International Service Manager for Continental Airlines. He flew to Quito, Ecuador on October 21, 2001 and went to check his door to make sure it was in the disarm position. On entering the airplane’s galley, he tripped and did a near somersault, striking his head, shoulders and neck on the […]
Employer Is Entitled to Reimbursement of Lien Even If Comp Case Is Ultimately Found Not Compensable
New Jersey has a very powerful subrogation provision. That message was emphasized in Greene v. AIG Casualty Company, A-6287-11T4 (App.Div. October 16, 2013), a published decision rendered by the Appellate Division. It does not matter that the compensation case is ultimately found non-compensable: the employer still can enforce its lien rights as to prior payments […]
Intentional Harm Suit in Death Case Rejected as Barred by the Exclusivity Provision in Workers’ Compensation
Once again a plaintiff has failed to get past the exclusivity provision in the New Jersey Workers’ Compensation Act. In Estate of Samuel Sellino and Phyllis Sellino v. Pinto Brothers Disposal, LLC., A-2064-12T1 (App. Div. September 23, 2013), the Appellate Division considered whether an employer could be sued for allegedly removing or bypassing a neutral […]
Bill Creating Clear Guidelines in Dispensing of Opioid Medications Introduced in New Jersey Senate
Opioid medications have become a major problem in the New Jersey workers’ compensation system. The number of workers being prescribed opioids has increased dramatically along with other attendant problems, such as addictions to the medications, excessive periods of use, and large numbers of unused opioid pills due to over-prescribing. Every workers’ compensation professional can attest […]
Connect with Capehart Scatchard