A Capehart Scatchard Blog

Compensability

Understanding The Deviation From Employment Defense

By on February 16, 2022 in Compensability with 0 Comments

Workers’ compensation practitioners have all heard of the defense of deviation from employment.  But where does the defense come from?  The New Jersey Workers’ Compensation Act has well over 100 sections to it, but nowhere will you find any reference to the defense of deviation from employment.  Yet the defense does exist.  We know that […]

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New Jersey Supreme Court Finds Parking Lot Accident Compensable

By on January 19, 2022 in Compensability, Court Rulings with 1 Comment

On January 18, 2022, the New Jersey Supreme Court concluded round three of Diane Lapsley v. Township of Sparta, a case that dates back to February 3, 2014.  On that date Mrs. Lapsley, a librarian for the Township, left work early when the Township closed the library due to a snowfall.  Her husband picked her […]

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Back Injury To School Nurse Found Not Compensable Where She Participated in Cardio Club Activity Before School

By on December 9, 2021 in Compensability with 0 Comments

On December 8, 2021, the New Jersey Appellate Division affirmed the dismissal of a claim for serious back injuries filed by Meghan Ryan-Wirth, a school nurse, against the Hoboken Board of Education and the Pooled Insurance Program Joint Insurance Fund. Petitioner, a school nurse, was injured participating in a morning Cardio Club activity with teachers […]

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Injury to Employee Walking To Car In Leased Parking Lot Found Compensable

By on September 9, 2021 in Compensability with 0 Comments

Cases involving parking lot injuries continue to generate divergent results in the Division of Workers’ Compensation and the Appellate Division.  Walker v. Saker Shop-Rite, No. A-2770-19 (App. Div. Sept. 7, 2021) illustrates this point yet again. Ms. Walker, a 70-year-old employee, fell on December 11, 2018 while walking to her car in the leased supermarket […]

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Long Drive To Restaurant For Lunch Following Business Meeting Found Not Compensable

By on July 16, 2021 in Compensability with 1 Comment

Andrew Mackoff worked  as a salesman and account manager for New Brunswick Saw Services.  One of his duties was to travel to the company’s businesses for meetings and service calls.  On December 3, 2018, Mackoff left his home in Blackwood, Camden County, New Jersey and drove to West Caldwell in North Jersey for a 10:00 a.m. […]

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Serious Accident Following Annual Holiday Party Found Not Compensable

By on June 11, 2021 in Compensability with 2 Comments

All too often holiday parties end with some unfortunate injury.  Is such an injury covered in workers’ compensation?  It depends on the circumstances. The Court in Regalado v. F&B Garage Door, A-0083-20, (App. Div. June 8, 2021), found that the injury in this case did not arise out of and in the course of employment. […]

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Appellate Court Rejects Compensability Of Assistant Prosecutor’s Fall En Route To Coffee Shop

By on March 19, 2021 in Compensability with 0 Comments

What if two lawyers leave their separate offices to meet at a coffee shop to discuss a case?  Is the commute to the coffee shop compensable for either or both of them?  The answer was no in the context of the facts in Pilone v. County of Middlesex, A-1676-19, (App. Div. March 15, 2021). Lynn […]

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Gathering Information to Make Decisions on Compensability of COVID-19 Cases

By on June 25, 2020 in Compensability with 0 Comments

Employers, third party administrators and insurance carriers have for months been expending a great deal of time collecting information needed to make compensability decisions in respect to COVID-19 claims.  There are many important questions to be asked in making such decisions.  This blog focuses not so much on specific questions but on areas of inquiry. […]

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The Brave New World of Telecommuting and Workers’ Compensation

By on April 2, 2020 in Compensability with 1 Comment

In response to the world-wide coronavirus epidemic, one of the most remarkable societal changes taking place in America today is the ubiquitous transition from working in an office to working from home.  The deadly coronavirus is forcing this change, but many think that even when this crisis passes, American businesses will start to reevaluate the […]

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Avoiding Compensable Holiday Party Accidents

By on December 12, 2019 in Compensability with 0 Comments

We are in holiday season.  Many private and public entities have holiday parties this time of year, and inevitably there will be accidents either going to or from the party or perhaps slipping and falling on the dance floor.  What do employers need to know and what can they do to avoid such claims when […]

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Appellate Court Affirms Decision That Company’s “Fun Day” Was Not a Work Event

By on November 8, 2019 in Compensability with 0 Comments

Any decision from the Appellate Division on recreational or social activities is welcome precisely because there have been so few decisions since the 1979 Amendments.  The case of Goulding v. NJ Friendship House, Inc., A-5996-17T3 (App. Div. November 7, 2019) is the most recent decision on this area of law in years. Kim Goulding worked […]

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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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Governor Signs New Public Safety Workers’ Compensation Laws Which Will Pose Fiscal And Legal Challenges for New Jersey Public Entities

By on July 22, 2019 in Compensability with 0 Comments

On July 8, 2019, Governor Phil Murphy signed Senate No. 716 into law, a bill which makes sweeping changes to occupational disease claims for New Jersey public safety employees.  There are many aspects of the new law, known as the “Thomas P. Canzanella Twenty First Century First Responders Protection Act.”  The single most onerous provision […]

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Shoulder Injury Arising From Altercation Between Co-Employees Held Compensable

By on June 14, 2019 in Compensability with 0 Comments

Sometimes tensions flare up between employees resulting in physical altercations with unexpected consequences.  A case in point is Bhut v. Aluminum Shapes, No. A-4652-17T1, 2019 N.J. Super. Unpub. LEXIS 1322 (App. Div. June 10, 2019).  The petitioner, Mr. Bhut, worked as a technician fixing manufacturing equipment.  He said that on May 21, 2017, he entered […]

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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 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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