A Capehart Scatchard Blog


Petitioner’s Claim Was Not Time Barred Because He Did Not Know the Precise Nature of His Medical Condition

By on September 2, 2015 in Uncategorized with 1 Comment

New Jersey has a statute of limitations for occupational disease claims.  In Rajpaul v. McDonald’s Corporation, A-4681-13T4 (App. Div. August 28, 2015), the proper application of the statute became the issue on appeal. In this case, the petitioner worked as a maintenance person from August 1995 until November 2005 at McDonald’s.  He began to have […]

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Limousine Driver in Business not Unlike Uber Found to Be Independent Contractor

By on August 13, 2015 in Uncategorized with 1 Comment

In a surprising decision that is particularly topical with various states facing similar issues with the popular company UBER, the Appellate Division held in Babekr v. XYZ Two Way Radio, A-3036-13T3 (App. Div. August 6, 2015) that a limo driver was not an employee when his vehicle was involved in a crash during the course […]

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New Jersey Supreme Court Reverses Key Ruling by Appellate Court that Vested Original Jurisdiction on Employee Status With the Division of Workers’ Compensation

By on June 22, 2015 in Uncategorized with 0 Comments

In 2014 an important appellate court decision was decided on whether all cases involving the interpretation of employee status must be referred to the Division of Workers’ Compensation.  On June 11, 2015, the New Jersey Supreme Court reversed the Appellate Division in Estate of Myroslava Kotsovska v. Saul Liebman (A-89-13) (073861). The facts were tragic.  […]

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Section 20 Settlement Versus Order Approving Settlement

By on June 12, 2015 in Uncategorized with 3 Comments

Every New Jersey workers’ compensation practitioner must evaluate the benefits of a Section 20, (which is a lump sum full and final payment), versus an order approving settlement, (which involves an award of a percentage of disability under Section 22).  About twice as many cases settle under orders approving settlement in New Jersey than under […]

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Court Allows Claimant to Reopen Previously Dismissed Claim Based on Dishonesty of Claimant’s Attorney

By on April 30, 2015 in Uncategorized with 0 Comments

Cases dismissed under N.J.S.A. 34:15-54 for lack of prosecution are permanently closed if not reinstated within one year.  The matter of Kost v. GPU Energy, A-0858-13T3 (App. Div. 2015) offers one exception to the rule. Richard Kost filed seven claims against GPU Energy/JCP&L in 2003.  He also filed a parallel civil action which was pending […]

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Superior Court Judge Rejects Dever Case and Holds Walmart Not Barred from The Recovery Of Its Workers’ Comp Lien

By on March 3, 2015 in Uncategorized with 0 Comments

Desirae Cintron was injured in a motor vehicle accident on September 20, 2011 while walking in the parking lot of a Walmart store where she worked.  She was struck by a vehicle driven by Marvin Thomas.  Cintron was eligible for PIP benefits because she lived with her father who had an insurance policy with NJM.  […]

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Access to Medical Records in the New Jersey Division of Workers’ Compensation

By on February 23, 2015 in Uncategorized with 0 Comments

A number of clients have inquired recently whether claimants in workers’ compensation cases have a right to request their treating medical records from the insurance carrier, third party administrator, or the authorized treating physician.  The answer to this question comes from both the New Jersey Workers’ Compensation Act and from the rules of the New […]

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Recent Developments in New Jersey Workers’ Compensation

By on February 13, 2015 in Uncategorized with 0 Comments

There have been a number of developments in the Division of Workers’ Compensation in 2015 of which practitioners should be aware: Retirement of Director Peter J. Calderone, After 13 years of service as Director of the Division of Workers’ Compensation and 39 years of service to the State of New Jersey, Chief Judge and Director […]

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Appellate Division Reverses Dismissal of Case for Failure to Show Good Cause

By on January 29, 2015 in Uncategorized with 1 Comment

Robin Williams was injured working for Ready Pack on May 18, 2006 and May 22, 2006.  A settlement was approved for 10% of partial total for the left shoulder on August 11, 2008.   Thereafter, Williams moved to Philadelphia and left the employment of Ready Pack. On August 10, 2010, petitioner filed a reopener application alleging […]

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Superior Court Decision Refused to Follow Unreported Decision in Dever V. New Jersey Manufacturers

By on January 20, 2015 in Uncategorized with 0 Comments

There has been a great deal of controversy about respondent’s lien rights in motor vehicle accident cases since the unreported ruling in Dever v. New Jersey Mfrs. Ins. Co., No. A-3102-11T2 (App. Div. October 23, 2013).  In one decision from last summer, an Atlantic City Superior Court Judge rejected the application of the Dever rule […]

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Appellate Division Affirms Large Award to Airline Employee

By on January 12, 2015 in Uncategorized with 1 Comment
Appellate Division Affirms Large Award to Airline Employee

It is very difficult to appeal a Judge of Compensation on the level of permanency awarded following trial.  That lesson can be seen in Huesser v. United Airlines, A-5959-12T3, (App. Div. July 14, 2014). Elaine Huesser worked as a flight attendant for United Airlines since 1998.  She suffered her first injury on September 28, 2005 […]

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Comp Insurers Remain Concerned over the Expiration of the Terrorism Risk Insurance Act (TRIA)

By on January 7, 2015 in Uncategorized with 0 Comments

We live in a world where terrorism unfortunately poses genuine insurance risks. The Terrorism Risk Insurance Act (TRIA) was passed by President George W. Bush on November 26, 2002 to establish a backstop for insurance claims arising from acts of terrorism.  This coverage includes workers’ compensation claims.  Before September 11, 2001, insurance companies generally did not […]

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Appellate Court Orders Home Modifications to Be Paid by Comp Carrier but Reverses Court Order on Home Elevator

By on December 9, 2014 in Uncategorized with 2 Comments

There are few Appellate Division cases dealing with the requirements on an employer/carrier with respect to home modifications when an employee has suffered catastrophic injuries. For this reason, the decision in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div. December 5, 2014) is important for practitioners in New Jersey. Mr. Loeber was injured […]

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Geaney’s 2015 Workers’ Comp Manual Highlights

By on November 21, 2014 in Uncategorized with 0 Comments

The 2015 Manual is a compilation of prior editions with particular emphasis on cases decided in 2013-2014 as well as the addition of important chapters for practitioners of workers’ compensation. Several Supreme Court decisions and numerous appellate division decisions are analyzed in this edition. Some of the 2015 Edition highlights are as follows: New chapter […]

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Court Deems Nanny “Special Employee” And Therefore Barred From Suing Homeowners for Negligence

By on October 30, 2014 in Uncategorized with 1 Comment

Nilda Zulueta owned Artime, Inc, doing business as Cardel Jewelers, in New York City.  She employed plaintiff Mirtala Pineda to clean the jewelry store and Zulueta’s home in North Bergen, New Jersey, after Pineda had immigrated to the United States from El Salvador in 1990. In 2004, Zulueta directed Pineda to work full-time at the […]

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