A Capehart Scatchard Blog

Compensability

Plaintiff and Her Husband Could Not Sue Plaintiff’s Employer for Assault and Battery and Sexual Harassment

By on January 5, 2016 in Compensability with 1 Comment

Rose Fonrose Louis worked at a Burger King restaurant in the Monmouth Mall in Eatontown, N.J.  On August 29, 2008, Louis was working in a walk-in freezer when an assistant manager, Hany Salib, followed her into the freezer and proceeded to touch her breast and buttocks through her clothes, kissing her neck, and attempting to […]

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Court Finds Popping Incident in Low Back While Walking Not Work Related

By on December 29, 2015 in Compensability with 0 Comments

Colleen Fitzgerald filed a claim petition alleging that on April 26, 2010 she was walking down an alley as a zone merchandising supervisor for Walmart, when she suddenly felt a “pop” in her lower back.  She admitted that she was simply walking at the time the incident occurred.  However, prior to this popping incident she […]

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Court Finds Assault by Coemployee at Work Not Compensable but Rooted in a Pyramid Investment Scheme Involving the Two Employees

By on December 16, 2015 in Compensability with 0 Comments

Most assaults by an employee on another employee on work premises are compensable for the victim of the assault, but the facts in Joseph v. Monmouth County, A-4144-13T3 (App. Div. December 14, 2015) were most unusual. Lesley Joseph was a nursing supervisor at a Monmouth County owned nursing home.  On June 9, 2011, Mr. Joseph […]

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Appellate Division Affirms Denial of Workers’ Comp Benefits to Owner of Business Based on His Misrepresentations Regarding Nature of His Company’s Business and Its Legal Status

By on December 9, 2015 in Compensability with 1 Comment

Samuel Roman formed Treeminator Tree Services, Inc. in 2007.  By 2012 he and his girlfriend, Sandra Flores, were both employees along with two others.  In 2009 Roman sought workers’ compensation coverage with NJM for Treeminator Tree Service, LLC, a company with no employees and engaged in landscaping work but not tree trimming.  He obtained the […]

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Employee Who Came to Work Solely to Pick up His Paycheck Was Not Covered for Comp When He Fell on Premises

By on November 30, 2015 in Compensability with 1 Comment

Robert Miller worked as customer service and bookkeeping associate at Saker Shoprite from 4:00 p.m. to 11:00 p.m.  On January 29, 2010, Miller came to work to pick up his paycheck at 10:00 a.m.  The store allowed employees to do direct deposit or to pick up their paychecks in person.  While he went in to […]

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Door Remains Closed to Suits by Employees Against Employers for Intentional Harm

By on July 7, 2015 in Compensability with 0 Comments

In New Jersey it remains extremely difficult to bring an intentional harm claim against one’s employer.  Mere knowledge and appreciation of a risk is not intent.  That was the holding in Keller v. Township of Berkeley, A-5767-12T3 (June 22, 2015). Mr. Keller worked as a laborer for the Township sanitation department and suffered serious injuries […]

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Plaintiff’s Disability Discrimination Claim Doomed by Contradictory Statements to Social Security

By on May 26, 2015 in Compensability with 0 Comments

Alphonso Myers worked as a security guard and was injured in that position.  He applied for and received social security disability benefits.  In his application, he advised the Social Security Administration that he was in pain all the time during the period of his application, he could only stand for twenty minutes and could only […]

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Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?

By on May 18, 2015 in Compensability with 3 Comments

The old adage is that New Jersey is a not a partial temp state, but is that really true?  In some states, like New Hampshire, an employee who returns to work but due to disability cannot earn the amount he or she was earning before the work injury may be eligible for significant benefits.  The […]

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Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement

By on May 13, 2015 in Compensability with 1 Comment

Unlike many states, most settlements in New Jersey are paid out over a period of weeks, often with payments carrying out well into the future.  For example, if an employee receives an award of 40% permanent partial disability, the award is paid over 240 weeks in equal payments beginning with the last payment of temporary […]

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PIP Carrier’s Claim Petition Is Rejected for Failure to Show Work Connection

By on April 22, 2015 in Compensability with 0 Comments

What can a PIP carrier do when it believes the bills it has paid arise from a workers’ compensation case but the injured party has never filed a claim?  In New Jersey, the PIP carrier has a right to file a workers’ compensation claim petition in the name of the injured worker, but there is […]

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Appellate Court Fine Tunes Standards for Motions for Medical and Temporary Benefits

By on April 15, 2015 in Compensability with 0 Comments

Sometimes the seemingly minor cases have significant long-term impact.  The case of Amedeo v. United Parcel Service, A-1013-13T2 (App. Div. April 8, 2015) may be one of those cases. Thomas Amedeo suffered a work injury in 2009 in the employment of UPS.  He filed a workers’ compensation claim petition and ultimately received an award of […]

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Court Rejects Claim for Employee Injured on Ground Floor Elevator in Multi-Tenant Building

By on March 26, 2015 in Compensability with 1 Comment

The case of Burke v. Investors Bank, A-1551-13T1 (App. Div. March 16, 2015) underscores an important point for New Jersey practitioners:  one is not considered to be at work in a multi-tenant building until one arrives at the employer’s business. On December 3, 2012, Laura Burke parked her car in the parking garage of the […]

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Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

By on September 15, 2014 in Compensability with 0 Comments
Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

Eric Hanisko worked as a superintendent of a 120-acre golf course in West Windsor, N.J.  He accepted a written offer of employment in February 2008 on behalf of BCGM, a corporation specializing in golf course management, and CGC, the owner of the golf club.  His employment package included housing at the club. On April 11, […]

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MRSA Claim Found Compensable Based on Timeline of Work Injury

By on August 13, 2014 in Compensability with 1 Comment
MRSA Claim Found Compensable Based on Timeline of Work Injury

Kenneth Nichols worked for Midstates Packaging, Inc. as a mechanic. He was injured on April 7, 2008, while trying to take the transmission out of a Hyster forklift. While underneath the forklift, Nichols heard a pop in his shoulder when the forklift rolled off the blocks and over his left shoulder. He did not notice […]

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New Jersey Supreme Court Rejects Dependency Arising from Employee’s Stroke While Telecommuting

By on August 5, 2014 in Compensability with 0 Comments

In a long awaited decision, the Supreme Court of New Jersey has overturned an award in the matter of James P. Renner v AT&T (A-71-11) (068744).  The case has drawn national attention because it dealt with a stroke claim from an employee who telecommuted quite regularly. Cathleen Renner worked for AT&T for 25 years as […]

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