A Capehart Scatchard Blog

Workers’ Comp

Veterans Administration/Tricare Subrogation Rights – Issues in Workers’ Compensation Practice Requiring a Proactive Approach

By on June 18, 2019 in Workers' Comp with 0 Comments

By:  Alfred Vitarelli, Esq., Shareholder, Stark & Stark Yes, it’s me again with yet another nightmare-inducing minefield to trap the unwary practitioner. Well, perhaps that’s an extreme analogy. But since we are dealing with Department of Defense-based health coverage, I believe a military-themed introduction is a necessity. Ok, I’ve got it: think of these liens […]

Continue Reading »

Reckless Prank By Co-Employee Does Not Permit Victim To Pursue Civil Suit

By on April 18, 2019 in Workers' Comp with 0 Comments

Readers of this blog know that it is extremely difficult for an employee to sue his or her employer or co-employee in civil court.  That was proven again in Johns v. Wengerter, A-2053-17T1 (App. Div. April 1, 2019). Johns, a City of Linden firefighter, was on duty at the firehouse on November 27, 2015.  He […]

Continue Reading »

Injuries Post Job Termination

By on February 15, 2019 in Workers' Comp with 0 Comments

What happens if an employer terminates the employment of a worker, who then has an accident before leaving the work premises?  Is there workers’ compensation coverage? Does it make a difference if the employee quits as opposed to being fired and then has the injury on premises while leaving?  Does the moment of job termination […]

Continue Reading »

Section Twenty Settlements and Subrogation Rights

By on December 14, 2018 in Workers' Comp with 0 Comments

Section 20 settlements are not technically payments of workers’ compensation benefits except for insurance rating purposes.  These settlements are popular with employers because the file can be closed for good with no potential for a reopener claim.  In many states, the Section 20 settlement is called a full and final settlement.  But does a Section […]

Continue Reading »

Basic Principles to Consider In Appeals from the Division of Workers’ Compensation

By on October 18, 2018 in Workers' Comp with 0 Comments

In every workers’ compensation trial both parties believe passionately in their position, but in the end, one party will prevail and one will lose.  Inevitably, the losing party will have to consider whether to file an appeal.  It is important to understand the appellate process, particularly the types of cases that stand a good chance […]

Continue Reading »

Full Salary Provisions Under New Jersey Workers’ Compensation

By on September 14, 2018 in Workers' Comp with 0 Comments

Employees who are out of work due to work injuries or illnesses are eligible for temporary disability benefits at a rate of 70% of wages subject to an annual maximum.  In 2018 that maximum is $903 per week.  That means that the employee who earns $2,000 per week or even $20,000 per week is limited […]

Continue Reading »

The Two Minimum Rates in New Jersey Workers’ Compensation

By on September 7, 2018 in Workers' Comp with 0 Comments

Everyone knows that New Jersey has a minimum rate for temporary disability benefits, but it is not as widely understood that New Jersey also has a minimum rate for permanency.  In 2018 the minimum rate for temporary disability benefits is $241 per week.  But the minimum rate for permanency remains $35 per week, as it […]

Continue Reading »

Legislative Changes to New Jersey Workers’ Compensation

By on August 31, 2018 in Workers' Comp with 0 Comments

On August 24, 2018, Governor Murphy signed a bill that for all practical purposes ends the right of employers to make bona fide offers of permanent partial disability free of counsel fees.  The statute that enabled employers to make bona fide offers within 26 weeks of maximal medical improvement, or return to work, whichever is […]

Continue Reading »

Liability Carrier’s Exclusion of Coverage for Workers’ Compensation Injuries Applies to Section 79 General Contractor Determinations of Employment

By on August 9, 2018 in Workers' Comp with 0 Comments

New Jersey has a sensible provision that protects employees of subcontractors who are injured on construction jobs.  If an employee of a subcontractor is injured on a job, and the subcontractor has no workers’ compensation insurance, the injured employee becomes covered by the general contractor’s workers’ compensation policy.  But what if the injured employee instead […]

Continue Reading »

The Importance of Subsequent Treatment Notes and Records in Workers’ Comp

By on March 2, 2018 in Workers' Comp with 0 Comments
The Importance of Subsequent Treatment Notes and Records in Workers’ Comp

I have written many times about the fact that success for employers in workers’ compensation most often comes down to past medical history and causation analysis.  This is particularly true in a state like New Jersey where there is virtually no formal discovery allowed.  Employers need to know in a back claim, for example, whether […]

Continue Reading »

Top