A Capehart Scatchard Blog


Petitioner’s Expert’s Findings in Physical Exam Constituted Objective Evidence to Support Increase on Reopener from 35% to 45%

By on April 7, 2017 in Awards with 0 Comments

The New Jersey statute permits claimants who receive an order approving settlement to reopen claims for additional medical, temporary or permanent disability benefits.  In Holowchuk v. O’Sullivan Menu Publishing, A-5235-14T3 (App. Div. April 6, 2017), the petitioner, Robert Holowchuk, injured his low back lifting two, five gallon drums of chemicals in 2007.  He received an award […]

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The Evolution of the Reconstructed Wage Rule in New Jersey

By on October 12, 2016 in Awards with 0 Comments

What is a reconstructed work week and wage and why does it matter?  Originally, this referred to a principle by which certain injured employees can seek recalculation of their work week, thereby increasing their wage and permanency rate at the time of settlement.  For example, an employee works 20 hours per week earning $20 per […]

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Court Rejects Petitioner’s Request For Shoulder Surgery on Second Reopener

By on August 9, 2016 in Awards, Compensability with 0 Comments

Just because an employer accepts an injury to a body member as part of an award does not mean that all future treatment to that body member will be found work related.  That is the rule in Daniel v. United Airlines, No. A-1252-14, 2016 N.J. Super. Unpub. LEXIS 1816 (App. Div. August 2, 2016). Petitioner, […]

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Appellate Division Reverses Comp Award For Underpaying Claimant Due To An Incorrect Social Security Offset Calculation

By on August 1, 2016 in Awards with 0 Comments

Josephine Lucciola appealed from an order denying her request to vacate a February 23, 2012 order establishing her social security offset.  She contended that the order contained the wrong offset calculation and that she was being shorted tens of thousands of dollars by her employer, Home Depot.  There was no dispute that Lucciola had been […]

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