A Capehart Scatchard Blog

Compensability

Injury in Elevator of Multi-Tenant Building Found Not Compensable

By on June 6, 2013 in Compensability with 0 Comments

Petitioner Valerie Pyles worked for respondent The Mentor Network as a therapist in the Somerset, N.J. office.   Her office was on the third floor of a four-story office building.  She generally took one of the building’s two elevators from the lobby to the third floor to get to her office. On the accident date, Pyles […]

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Door Remains Closed On All But The Most Egregious Suits For Intentional Harm In New Jersey

By on April 17, 2013 in Compensability with 1 Comment

It is certainly not for lack of trying that plaintiffs remain largely unsuccessful in opening the door to intentional harm claims in New Jersey.  The door has remained closed in the past 10 years on intentional harm claims and all but locked, including the most recent challenge in Fendt v. Adam L. Abrahams, et. al., […]

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School Bus Driver’s Injury After Cleaning School Bus At Home Was Covered Under Comp

By on April 9, 2013 in Compensability with 0 Comments

Walesca Benvenutti worked for Scholastic Bus Company as a school bus driver.  She drove children to school in the morning and then drove them home in the afternoon.  She was required to clean the bus interior and inspect the seatbelts after each run.  The testimony of both petitioner and her employer was that there was […]

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Does An Employer Owe Temp Benefits In New Jersey If The Employee Cannot Work One Job But Is Still Working Another?

By on March 4, 2013 in Compensability with 2 Comments

Clients ask about the following scenario frequently: Bob injures his low back working for Company A on January 1, 2013, arising out of and in the course of employment.  He earns $400 per week working 20 hours per week.  Company A pays temp benefits at $280 per week, and the authorized doctor indicates that Bob […]

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Controversial First Responder Bill Would Create Various Presumptions in Favor of Compensability

By on February 8, 2013 in Compensability with 0 Comments

The New Jersey Assembly is considering a bill which would create presumptions that cancers and other medical conditions experienced by public safety workers are work related.  New Jersey already has laws creating presumptions in favor of compensability for firefighters and certain public safety workers in regard to respiratory conditions, heart attacks and strokes.  The new […]

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Court Holds That First Employer is Responsible for Entire Case Notwithstanding Subsequent Injuries

By on October 2, 2012 in Compensability with 0 Comments

Defining what is a flare up from a new injury as opposed to objective worsening in the condition has always been more art than science.  In Allison v. L&J Contracting Company, A-1352-11T4 (App. Div. September 27, 2012), the petitioner Allison injured his low back falling in a hole on July 27, 2006.  He filed a […]

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House Cleaner Injured on First Day of Work Was an Independent Contractor Not Covered Under Comp

By on August 23, 2012 in Compensability with 0 Comments

Luz Lukasik agreed to provide house cleaning services for Marguerite Hollaway and two others.  Respondents contacted Lukasik after hearing about her from an acquaintance.  At that time she was cleaning five or six other houses and one office building on a regular basis.  Petitioner Lukasik and her daughter went to the home of respondents and […]

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Accident Crossing Busy Street To Work Site Is Compensable Where County Paid For Parking And Designated Parking Spot

By on July 30, 2012 in Compensability with 2 Comments

In Hersh v. County of Morris, A-1442-10T4 (App. Div. July 24, 2012), the Appellate Division affirmed an award for claimant,Cheryl Hersh, who worked for Morris County.  For the first two years she worked for the County beginning in 2002, the County paid for parking at a private lot located behind her work site at the […]

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Court Holds Employer Must Pay Total Disability for Complex Groin Injury Without Second Injury Fund and Could Not Offer Surveillance Tapes Done Post-Testimony

By on July 23, 2012 in Compensability with 0 Comments

In the case of Marra v. Ryder Transportation Resources, A-5724-10T4 (App. Div. July 2, 2012), the Appellate Division affirmed a holding that the employer was solely responsible for total disability stemming from a groin injury that occurred 15 years ago. The petitioner, Gerard Marra, originally injured himself at work lifting a loading gate.  On January […]

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New Jersey Supreme Court Nearly Bars the Door to Claims for Inentional Harm

By on July 3, 2012 in Compensability with 0 Comments

In Van Dunk v. Reckson Associates Realty Corporation, (A-69-10) (066949), the Supreme Court of New Jersey on June 26, 2012 reversed an appellate division decision that had promised to breathe life into suits against employers for intentional harm. Reckson Associates Realty Corporation and Reckson Construction contracted with James Construction Company to build a retention pond […]

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Court Rejects Intentional Harm Claim For Worker Injured Using Table Saw

By on March 27, 2012 in Compensability with 0 Comments

The work conditions complained of were a fact of life of industrial employment and therefore not actionable          Plaintiffs’ counsel continue to try overcome the exclusive remedy provision of the Workers’ Compensation Act, largely unsuccessfully.  The case of  Menkevich v. Delta Tools, A-1950-10T2, shows just how hard it is to prove an intentional harm case […]

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Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim

By on December 15, 2011 in Compensability with 0 Comments

Plaintiffs’ counsel continue to assault the citadel that is the exclusive remedy defense in the New Jersey Workers’ Compensation Act.  Once again a New Jersey court has held that no intentional harm was proven. Craig Kane worked for the County of Burlington as an HVAC mechanic.  He also owned his own mechanical business.  He was asked […]

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Plaintiff’s Claim For Intentional Harm Survives Motion To Dismiss Made By Defendant

By on November 18, 2011 in Compensability with 0 Comments

The exclusive remedy provision is a powerful one in New Jersey.  It is the rare case where a plaintiff successfully proves intentional harm.  Nonetheless, a well-plead complaint will often survive a motion to dismiss as is shown in Blackshear v. Syngenta Crop Protection., et. al. 2011 U.S. Dist. LEXIS 125505 (D.N.J. October 31, 2011).  The […]

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Are Complications From Flu Shots Provided By Employers Considered Compensable?

By on November 2, 2011 in Compensability with 0 Comments

Many employers offer flu shots and other inoculations to employees on company premises during work hours.  Complications from flu shots are very rare but the Centers for Disease Control have noted that about one in 100,000 people who get a flu shot will develop Guillain-Barre syndrome, which is a debilitating nerve disorder.  There are also […]

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Owner Of Restaurant Who Left Home Earlier Than Usual For Meeting Was Not Covered In Accident On Way To Work

By on October 25, 2011 in Compensability with 0 Comments

Since the legislative change in 1979 to substitute a premises rule for the going-and-coming rule, there have been many attempts to expand the “special mission” exception.  The general rule is that only injuries on employer-owned or maintained premises are covered.  One big exception involves injuries that emanate from the performance of special missions.  That latest […]

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