A Capehart Scatchard Blog

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The “Silk City”

By on July 24, 2023 in NJ Workers' Comp, Other with 2 Comments

It is a city conceived and created by one of the most famous Americans in history.  He is perhaps even more well known today than ever following the success of the eponymous Broadway show “Hamilton” created by Lin-Manuel Miranda.  Yet it is a city that surprisingly few New Jersey residents know much about.  The city […]

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Navigating Cannabis Regulations and Employment Law in New Jersey

By on June 26, 2023 in NJ Workers' Comp, Other with 0 Comments

Legalization of Cannabis in New Jersey: In November 2020, New Jersey residents voted in favor of the legalization of adult-use cannabis. The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“NJCREAMMA”) was subsequently enacted to regulate the cultivation, distribution, and use of cannabis in the state. While NJCREAMMA allows employers to randomly drug […]

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New Law Lowers Cost of Obtaining Medical Records

By on October 6, 2022 in NJ Workers' Comp, Other with 0 Comments

We are living through a period of sharp inflation in almost everything from food and gasoline to automobiles and airfare, but one area where costs are sharply declining in New Jersey pertains to the cost of getting copies of medical records.  Governor Phil Murphy signed S 2253 on September 22, 2022.  This legislation dramatically lowers […]

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New Jersey Division of Workers’ Comp Has Its First Woman and Hispanic Director

By on September 28, 2022 in NJ Workers' Comp, Other with 0 Comments

Few readers of this blog may know that the New Jersey Division of Workers’ Compensation achieved a number of notable firsts this year with the appointment of the Honorable Maria Del Valle Koch as Director of the Division in June 2022.  Director Koch is the first woman Director and the first Hispanic Director in the […]

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Kids’ Chance of New Jersey Needs Your Help in Fundraising Raffle for Students

By on August 10, 2022 in NJ Workers' Comp, Other with 0 Comments
Kids’ Chance of New Jersey Needs Your Help in Fundraising Raffle for Students

On behalf of Capehart Scatchard and Kids’ Chance of New Jersey, I want to thank all of you who have been supporting KCNJ over the past several years.  We deeply appreciate all your assistance in helping KCNJ accomplish its mission of providing college scholarships to children whose parents have been seriously injured or killed in […]

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Book Review Of “Workers’ Compensation Emerging Issues Analysis”

By on April 7, 2022 in NJ Workers' Comp, Other with 0 Comments

For those readers who are interested in learning about current issues in workers’ compensation, I highly recommend the 2021 LexisNexis book entitled “Workers Compensation Emerging Issues Analysis.”  I was asked to review this book and found it to be chock full of cutting-edge articles written for attorneys, employers, physicians, adjusters, carriers and third party administrators. […]

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Kids Chance of New Jersey Needs Your Help In Fundraising Raffle For Students

By on May 6, 2021 in NJ Workers' Comp, Other with 0 Comments
Kids Chance of New Jersey Needs Your Help In Fundraising Raffle For Students

Many of you know that Capehart Scatchard is a founding member of Kids Chance of New Jersey (KCNJ). Three of our professionals are on the Board of Directors:  Lora Northen, Carol Wright and John Geaney.  The pandemic has taken a toll on Kids Chance chapters in every state, and every chapter is hurting.   KCNJ has […]

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Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation

By on December 28, 2020 in NJ Workers' Comp, Other with 2 Comments

As the Moderna and Pfizer COVID-19 vaccines begin to be administered to the population in the United States, many clients have asked whether an adverse reaction to the COVID-19 vaccine would be considered compensable if the employer were to offer a voluntary vaccination program at some time in the future.  Many employers currently offer such […]

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Appellate Division Holds Insurance Carrier Failed to Prove Proper Cancellation of Policy

By on December 10, 2020 in NJ Workers' Comp, Other with 0 Comments

It remains very difficult for New Jersey insurers to cancel policies in workers’ compensation.  Strict compliance with N.J.S.A. 34:15-81 is required because the state’s policy favors continuation of insurance coverage. The decision in Pierson v. Travelers Indemnity Company, A-3838-19T2 (App. Div. December 7, 2020) illustrates the specific problem of cancellation related to non-payment of an […]

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Are There Workers’ Compensation And Employment Consequences For Failure To Use Protective Devices Required Under COVID-19 Policies?

By on May 4, 2020 in NJ Workers' Comp, Other with 1 Comment

I had a recent discussion in relation to an upcoming COVID-19 webinar with former Supervising Judge of Compensation, Ray. A. Farrington, who sat in Hackensack, N.J. Judge Farrington raised an important question about what employers can do when employees ignore safety rules concerning COVID-19 in respect to both workers’ compensation and employment law. Suppose an […]

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New Jersey Workers’ Comp Courts Set for Limited Reopening April 6th

By on March 31, 2020 in NJ Workers' Comp, Other with 0 Comments

The New Jersey Workers’ Compensation court calendars were suspended March 17, 2020 through April 3, 2020.   On Monday, March 30, 2020, the Director of the Division of Workers’ Compensation, Hon. Russell Wojtenko, Jr. advised in a Notice to the Bar that a limited reopening will occur on Monday, April 6, 2020 to permit telephonic case […]

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Appellate Division Holds New Jersey Employer Must Reimburse Injured Worker for Cost of Medical Marijuana

By on January 15, 2020 in NJ Workers' Comp, Other with 0 Comments

This week the New Jersey Appellate Division decided Hager v. M&K Construction, A-0102-18T3 (App. Div. January 13, 2020).  The issues of whether an employer must reimburse an injured worker for the costs of medical marijuana and whether such a court order would violate federal law have been the source of much controversy in the Division.  […]

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United Airlines Wins Important Appellate Decision Involving Jurisdiction

By on July 31, 2019 in NJ Workers' Comp, Other with 0 Comments

There are precious few reported decisions dealing with the jurisdictional requirements for bringing a claim petition in New Jersey when a New Jersey resident is employed out of state, is injured working out of state and is hired out of state.  In the reported case of Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, […]

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Court Rules Proceedings in Workers’ Compensation Court Violated Due Process Rights of Employer

By on May 9, 2019 in NJ Workers' Comp, Other with 0 Comments

Petitioner Joan Haggerty worked for Cape May Regional Medical Center (Crothall Service Group).  She tore her left rotator cuff and bicep tendon while working as a housekeeper.  Months later she injured her neck and left shoulder making a bed and stretching sheets.  She filed a workers’ compensation claim for each injury and later amended the […]

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Sole Proprietor Did Not Have Exclusive Discretion To Transform Trip Involving Car Maintenance Into A Work Mission

By on April 25, 2019 in NJ Workers' Comp, Other with 0 Comments

Vinno Verasawmi was the sole proprietor of VKR, which manufactured custom kitchen cabinets for residential and commercial customers.  The company had two other employees. Verasawmi would visit construction sites and meet customers in the ordinary course of business. He drove a Porsche Cayenne, registered in his own name, both for personal and business use.  He […]

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