A Capehart Scatchard Blog

Archive for October, 2019

Employee of Temp Agency Was Barred from Suing Client Company

By on October 25, 2019 in Key Defenses with 0 Comments

When individuals work for staffing agencies, interesting legal questions often arise.  In Uribe v. Quartz Master, A-4071-17T1 (App. Div. May 2, 2019), Alberto Uribe was injured working for On Target Staffing, LLC, a job placement agency.  On Target had a “Temporary Employee Work Agreement” with Quartz Master, where it placed Uribe.  That agreement provided that […]

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Robert Wood Johnson Barnabas Health Found Not Responsible For Injury To Nurse In Public Street

By on October 18, 2019 in Compensability with 0 Comments

In an important decision, the New Jersey Appellate Division decided on October 16, 2019 that a nurse who was walking from work premises to a parking lot following her shift at Jersey City Medical Center/ RWJBH was not in the course of employment when she was struck by a motor vehicle.  Christina Adinolfi Shea, partner […]

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Appellate Court Affirms Judge of Compensation in Ruling That Continued Opioid Use Would Neither Reduce Pain Nor Improve The Injured Worker’s Function

By on October 7, 2019 in Awards with 0 Comments

There are surprisingly few appellate division cases focusing on the employer’s obligation to provide continuing opioid treatment.  Martin v. Newark Public Schools, A-0338-18T4 (App. Div. October 4, 2019) is therefore one case practitioners should study closely.  The case involved a reopener of an award for Samuel Martin of 15% permanent partial disability for aggravation of […]

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What Past Medical History Is Most Important In Orthopedic Claims in Workers’ Comp?

By on October 4, 2019 in Workers' Comp Basics with 0 Comments

The New Jersey workers’ compensation system has one glaring drawback for employers, namely the absence of any formal discovery in traumatic injury cases.  There are no standard interrogatories in traumatic claims and no depositions.   The consequence of this is that claims sometimes get passed through workers’ compensation that really involve long-standing and preexisting conditions which […]

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