A Capehart Scatchard Blog

Archive for September, 2016

Managed Healthcare Services Company Prevails In Nurse’s ADA Claim

By on September 27, 2016 in ADA, NJ Workers' Comp with 1 Comment

Katherina Swank worked for CareSource Management Group (hereinafter CareSource) as a Registered Nurse (RN).  CareSource provides managed healthcare services to Medicaid recipients.  Her work involved case manager duties by telephone until CareSource initiated a new approach in 2011 to delivering managed care services to the Ohio Department of Job and Family Services, which mandated that […]

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Understanding George v. Great Eastern Food Products

By on September 20, 2016 in Compensability, NJ Workers' Comp with 0 Comments

The case that generates more questions than any other in this practitioner’s experience is George v. Great Eastern Food Products, Inc., 44 N.J. 44 (1965) regarding idiopathic claims.  This case comes into play any time that an employee falls for reasons unknown and suffers an injury caused by the fall itself.  Countless employers have had […]

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Convent Found To Be Employer of Cook and Required To Reimburse Diocese for Medical and Temporary Disability Payments Voluntarily Paid by Diocese

Consider this situation:  Company A voluntarily pays approximately $172,000 in medical and temporary disability benefits to Worker.  Company A demands reimbursement from Company B believing that Company B is the true employer.  Worker never files a claim petition against Company A or B.  Can Company A file a claim petition in the name of Worker […]

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Appellate Court Rules Employer Has Subrogation Rights in Three Key Cases

By on September 7, 2016 in Court Rulings, NJ Workers' Comp with 0 Comments

Three cases were heard together in the New Jersey Appellate Division regarding the right of employers to obtain reimbursement under N.J.S.A. 34:15-40 in situations involving car accidents where medical treatment was potentially recoverable under PIP.  The cases are Lambert v. Travelers Indemnity Company of America, Reed v. Qual-Lynx and Township of Marlboro, and Agar v. […]

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