A Capehart Scatchard Blog

Archive for February, 2019

New Jersey Supreme Court Rules That Volunteer Firefighter Is Entitled To Maximum Temp Benefits Even Without Proof Of Employment Or Lost Wages

By on February 22, 2019 in Court Rulings, NJ Workers' Comp with 1 Comment

Jennifer Kocanowski, a member of the Finderne Fire Department in the Township of Bridgewater, was injured in March 2015 while carrying equipment in response to a multi-alarm fire.  She fractured her fibula, tore ligaments in her ankle, and injured her back. Prior to the injury, Kocanowski had not worked for over a year.  She had […]

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Appellate Division Holds Officer’s Injury to Knee Wearing 25 Pounds of Equipment Was Not Idiopathic

By on February 20, 2019 in Compensability, NJ Workers' Comp with 0 Comments

The idiopathic defense is not an easy one for employers to prevail on in New Jersey.  The basic concept is that the injury is not a result of any particular work effort and could happen anywhere, such as walking along a work corridor and suddenly feeling pain in one’s knee without falling or tripping.  But […]

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Injuries Post Job Termination

What happens if an employer terminates the employment of a worker, who then has an accident before leaving the work premises?  Is there workers’ compensation coverage? Does it make a difference if the employee quits as opposed to being fired and then has the injury on premises while leaving?  Does the moment of job termination […]

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Health System Properly Withdrew Job Offer Due to Failure of Applicant to Complete Vaccine Testing

By on February 5, 2019 in ADA, NJ Workers' Comp with 0 Comments

Janice Hustvet worked for Courage Center, which merged with Allina Health System in 2013.  Hustvet worked for 15 years at Courage Center as an Independent Living Skills Specialist, educating, supporting and assisting clients with disabilities including spinal cord and brain injuries. On May 13, 2013, Hustvet completed her pre-placement health assessment.  She acknowledged that she […]

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