Archive for May, 2019
NJSEA Teamster Truck Driver Found Not To Be Special Employee Of Exhibitors At Izod Center
A cardinal rule in workers’ compensation is that an employee cannot sue his or her employer in civil court for a work injury except for rare circumstances involving intentional harm. But what if the employee has two employers? Does that rule apply to both employers? The answer is yes, the rule applies to both employers, […]
Petitioner Proved Work Exposures Materially Caused or Contributed To His Colorectal Cancer
It can be challenging to prove that a fairly common cancer occurring frequently in the general population is work related. The case of Proscia v. Advanced Biotech, A-3017-17T2 (App. Div. April 26, 2019) offers interesting guidance on how an injured worker can prove such a case. Frank Proscia worked for Advanced Biotech (AB) from […]
Appellate Division Voids Penalty Assessed Against Borough for Late Payment of Award
There are few cases in the Division involving assessments of penalties against an employer for late payment of a settlement. Ramella v. Borough of Seaside Heights, A-3310-17T3 (App. Div. April 8, 2019) is therefore of interest to practitioners. The petitioner, Shirley Ramella, brought a dependency claim against the Borough and its various workers’ compensation carriers […]
Court Rules Proceedings in Workers’ Compensation Court Violated Due Process Rights of Employer
Petitioner Joan Haggerty worked for Cape May Regional Medical Center (Crothall Service Group). She tore her left rotator cuff and bicep tendon while working as a housekeeper. Months later she injured her neck and left shoulder making a bed and stretching sheets. She filed a workers’ compensation claim for each injury and later amended the […]
Medicaid And New Jersey Family Care Liens: State Funded Medical Benefit Programs Cover Increasing Numbers of New Jersey Citizens
By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark Ask any practitioner about the nature of Medicare and his or her response will usually be that it is a source of medical coverage for the very poor, such as those receiving SSI (Supplemental Security Income.) Alas, such an answer is no longer correct, nor is it […]
Connect with Capehart Scatchard