A Capehart Scatchard Blog

Archive for January, 2019

Medical Providers Have Six Years To File Claims in Division of Workers’ Compensation

By on January 24, 2019 in Claims, NJ Workers' Comp with 0 Comments

The New Jersey Appellate Division decided an important case on January 17, 2019 entitled The Plastic Surgery Center, PA. v. Malouf Chevrolet-Cadillac, Inc,.  The case centered on how long a medical provider has to file a claim petition in the Division, namely whether providers have two years, like claimants, or six years.  The case has […]

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The Very Sensible Premises Rule In New Jersey Workers’ Compensation

By on January 17, 2019 in NJ Workers' Comp, Policy with 1 Comment

Until 1979 New Jersey had a doctrine known as the “going and coming rule,” and that rule basically said that employees were not covered for workers’ compensation when they were going to work or coming from work.  Scores of exceptions emerged over the years, creating a patchwork of inconsistency, thus prompting the New Jersey Legislature […]

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County Did Not Violate ADA When It Proposed A Half-Time Office Job With Full Pay But Refused To Grant Other Accommodations Requested By Plaintiff

By on January 14, 2019 in ADA, NJ Workers' Comp with 0 Comments

One of the most difficult issues for employers to deal with is the work injury which leaves an employee with lasting difficulties in performing job duties.  Employers encounter this frequently with occupational claims such as carpal tunnel or epicondylitis where the employer settles the compensable workers’ compensation claim and then places the employee back in […]

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