A Capehart Scatchard Blog

Archive for December, 2017

Judge of Compensation Denied Hospital Due Process Rights in Ordering Temp Benefits Without Motion for Med and Temp Ever Being Filed

By on December 21, 2017 in Benefits, NJ Workers' Comp with 0 Comments

Can a Judge of Compensation order a respondent to pay temporary disability benefits without a motion being filed in the first place?  The answer is no according to the decision in Munch v. Atlantic Health System, A-1265-16T1 (App. Div. December 21, 2017). Petitioner, Dana Munch, worked as a paramedic for Atlantic Health System (AHS) and […]

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Appellate Division Holds Statutory Volunteers Must Prove Actual Wage Loss In Order to Obtain Temporary Disability Benefits

By on December 13, 2017 in Benefits, NJ Workers' Comp with 0 Comments

After decades of confusion over the issue of paying temporary disability benefits to volunteer firefighters who have no outside jobs, practitioners finally received an answer from the Appellate Division in Kocanowski v. Township of Bridgewater, A-3306-15T2, (App. Div. December 11, 2017). The case involved a volunteer firefighter with the Finderne Fire Engine Company in Bridgewater […]

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Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

By on December 5, 2017 in Claims, NJ Workers' Comp with 0 Comments
Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

New Jersey law has very strict procedures for workers’ compensation carriers to follow in subrogation, and failure to comply with those strict rules can mean loss of subrogation rights, as noted in Pino v. Polanco and New Jersey Manufacturers, A-5027-15T4 (App. Div. November 22, 2017). Ms. Pino was injured in a work-related car accident on […]

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