A Capehart Scatchard Blog

Claims

Coverage During Drives to Job Sites Under New Jersey Law

By on March 9, 2018 in Claims with 0 Comments

We all know the rules for coverage in New Jersey under the “premises rule,” the rule that replaced the former going-and-coming rule.  N.J.S.A. 34:15-36 states that one is covered for workers’ compensation purposes when he or she arrives at a place of employment owned or controlled by the employer.  That is easy enough, but what […]

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An Adjuster’s View of Making Good Claim Notes in New Jersey Workers’ Compensation

By on February 1, 2018 in Claims with 0 Comments

By: Michael Weiner, Workers’ Compensation Claims Examiner Editor: John H. Geaney, Esq. As adjusters we are constantly being reminded to document our files: specifically, keep good log notes. We have all heard managers and supervisors repeat this mantra: “If it is not in the notes, it did not happen!” Good claim notes should “tell the […]

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Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

By on December 5, 2017 in Claims with 0 Comments
Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

New Jersey law has very strict procedures for workers’ compensation carriers to follow in subrogation, and failure to comply with those strict rules can mean loss of subrogation rights, as noted in Pino v. Polanco and New Jersey Manufacturers, A-5027-15T4 (App. Div. November 22, 2017). Ms. Pino was injured in a work-related car accident on […]

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Retaliation Claim in Workers’ Compensation Is Not Barred Because Plaintiff Also Filed a Discrimination Claim under the New Jersey Law Against Discrimination

By on November 7, 2017 in Claims with 0 Comments
Retaliation Claim in Workers’ Compensation Is Not Barred Because Plaintiff Also Filed a Discrimination Claim under the New Jersey Law Against Discrimination

Can an employee maintain both a workers’ compensation retaliation claim at the same time as he alleges discrimination under the New Jersey Law Against Discrimination (LAD)? That was one issue answered in Larson v. City of Paterson, A-2526-15T4 (App. Div. October 26, 2017). Carl Larson worked as a firefighter for the City of Paterson from […]

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Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

By on September 14, 2017 in Claims with 0 Comments
Federal Court Allows Sheriff’s Deputies to Proceed to Jury Trial On Their Claim that County Ignored Their Requests for Light Duty Assignments While Recovering from Work Injuries

Light duty was the issue in Smith v. DuPage Cnty. Sheriff, 33 AD Cases 789 (N.D. Ill. June 5, 2017).  Four Sheriff’s Deputies suffered work injuries in 2013 and 2014 and received full salary for one year while on leave from their injuries.  After the one-year period, the officers received the statutory amount for temporary […]

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Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer

By on September 7, 2017 in Claims with 0 Comments
Township Prevails in Dismissing Occupational Psychiatric Claim of Former Police Officer

Occupational psychiatric claims, like all occupational claims, must be filed within time or be subject to the statute of limitations defense.  The challenge is always whether the employer can prove that the employee knew the nature of his condition and its relationship to work.  That was the issue in Bender v. Township of North Bergen, […]

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Court Rejects Argument that Level I and II Trauma Centers Deserve Special Fee Schedules in Comp

By on August 24, 2017 in Claims with 0 Comments

In University Physicians Associates v. Transport Drivers, Inc., A-3350-15T2 (App. Div. August 22, 2017), the Appellate Division considered an argument that Level I and II Trauma Centers should be given different treatment when it comes to billing along the lines that they receive under the fee schedule for No-Fault automobile policies. The case stemmed from […]

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Carrier Which Failed To Provide 10-Day Statutory Notice Letter Was Permitted To Bring Suit

By on February 13, 2017 in Claims with 0 Comments

New Jersey employers know that they have a right to subrogate against the party who caused injury to their employee to recover workers’ compensation benefits paid, but they must wait one year before taking any action.  After one year, if the injured worker has not pursued a third party action, the employer must make a […]

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Basic Considerations in New Jersey Reopener Claims

By on February 2, 2017 in Claims with 3 Comments

Most aspects of the New Jersey Workers’ Compensation Act are considered favorably by employers since the law gives employers the right to control medical care and allows termination of temporary disability benefits and medical benefits at maximal medical improvement. One aspect, however, of New Jersey law invariably frustrates employers:  reopener claim petitions. These kinds of […]

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Hospital Defeats Occupational Claim By Filing Motion To Dismiss After Petitioner’s Case

By on December 2, 2016 in Claims, Compensability with 0 Comments

Diana Vernacchia worked as a housekeeper for Warren Hospital performing vacuuming and cleaning duties in the radiology department and hallways, dusting and cleaning the x-ray machines and diagnostic devices, and lifting and discarding biohazardous waste and linen bags weighing an average of 50 pounds each.  She filed an occupational disease claim alleging that she developed […]

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Second Hand Smoke Cancer Claim Is Barred For Late Filing

In Pulejo v. Middlesex County Consumer Affairs, A-3133-14T4 (App. Div. July 14, 2016), the petitioner, an investigator for the County, alleged that he worked along side a chain smoker four to five hours per day, five days per week, from 1976 to 1997. Mr. Pulejo was diagnosed in 2000 with lung cancer and underwent a bilobectomy.  Mr. […]

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Court Finds That Severe Neck Pathology Was Not Due To Occupational Activities But Rather To The Natural Aging Process

By on June 28, 2016 in Claims, Uncategorized with 0 Comments

Lois Scafuri filed three workers’ compensation claims alleging occupational exposures as a sales assistant caused her severe neck pathology.  She worked at the Short Hills Mall for two employers: Sisley Cosmetics and Neiman Marcus Group.  She later worked for Bloomingdale’s/Macy’s in the same capacity.  All three employers denied her claims asserting that her neck pathology […]

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Court Rejects Respiratory Reopener Claim of Detective Investigator Who Alleged Her COPD Condition Worsened Due to Work Exposures

By on October 29, 2015 in Claims with 1 Comment

One of the hallmarks of the New Jersey workers’ compensation system is that awards of partial permanent disability can be reopened for more medical, temporary or permanent disability benefits.  In this case, Rebecca Weston, a detective investigator for the Union County Prosecutor’s Office, received an award of 55% of partial total, 31% of which was […]

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Strategies in Winning Occupational Disease Claims

By on October 15, 2015 in Claims with 0 Comments

In part one we examined the law surrounding New Jersey occupational disease claims and trends in our state (see last week’s blog).  In this segment, we will explore strategies and tactics employers can take to win occupational disease claims. Winning workers’ compensation claims depends more than any other factor on obtaining past medical history.  Experience […]

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Defending Occupational Disease Claims in New Jersey

By on October 8, 2015 in Claims with 1 Comment

This is a two part analysis of the defense of occupational disease claims in New Jersey workers’ compensation.  The first segment will focus on the proofs in occupational disease cases and why this practitioner believes that these kinds of claims will be filed increasingly in coming years.  The second segment will focus on how employers […]

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