A Capehart Scatchard Blog

Archive for January, 2023

Supreme Court Finds Non-Waivable Duty on the Part of Insurance Brokers to Provide Notice of Available Coverage for LLC Members

By on January 10, 2023 in Court Rulings, NJ Workers' Comp with 0 Comments

When coverage is denied under a workers’ compensation policy for an LLC, one can be almost certain that a finger will be pointed, rightly or wrongly, at the insurance broker.  The more severe the injury, the more likely the potential for a civil suit.  This was the situation in Holm v. Purdy, New Jersey Supreme […]

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Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits

By on January 4, 2023 in Counsel Fees, NJ Workers' Comp with 0 Comments

There are only a few appellate level cases dealing with counsel fees in the New Jersey Division of Workers’ Compensation.   In Garzon v. Morris County Golf Club, A-1100-21 (App. Div. December 23, 2022), the Appellate Division embraced an approach that petitioner’s attorney’s counsel fee should be based on considerations of reasonableness and not automatically set […]

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