Supreme Court Finds Non-Waivable Duty on the Part of Insurance Brokers to Provide Notice of Available Coverage for LLC Members
When coverage is denied under a workers’ compensation policy for an LLC, one can be almost certain that a finger will be pointed, rightly or wrongly, at the insurance broker. The more severe the injury, the more likely the potential for a civil suit. This was the situation in Holm v. Purdy, New Jersey Supreme […]
Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits
There are only a few appellate level cases dealing with counsel fees in the New Jersey Division of Workers’ Compensation. In Garzon v. Morris County Golf Club, A-1100-21 (App. Div. December 23, 2022), the Appellate Division embraced an approach that petitioner’s attorney’s counsel fee should be based on considerations of reasonableness and not automatically set […]
Explosion in Employee’s Personal Vehicle Held Compensable Based on Special Mission
One of the most interesting workers’ compensation cases in a long time is Van Sciver v. Jersey Mechanical Contractors, Inc., No. A-3525-20 (App. Div. November 15, 2022). There are layers of legal issues in this case, which involved a very serious accident injuring Mr. Van Sciver when a tank filled with acetylene gas exploded. Mr. […]
A Practitioner’s Guide to “Arising Out of Employment and Occurring In the Course of Employment”
Practical Advice in New Jersey Workers’ Compensation Practitioners and employers will often hear the phrase, “arising out of and in the scope of (or course of) employment.” This phrase encompasses two separate concepts: 1. Occurring in the course of employment, which refers to when the injury occurred and if it occurred at work; and 2. […]
Appellate Division Vacates Penalties and Fees Against Employer Pending New Hearing
In Saiti v. Garden Homes, No. A-1328-20 (App. Div. October 11, 2022), the petitioner received an award for $66,074 on September 3, 2020. The terms of the settlement were memorialized in an order signed by the Judge of Compensation and both parties. Petitioner’s attorney made numerous phone calls in the ensuing 60 days regarding non-payment […]
Advice to Employers In Dealing With Potential Fraud
Practical Advice in New Jersey Workers’ Compensation N.J.S.A. 34:15-57.4 (commonly known as the Workers’ Compensation Fraud Act) states in pertinent part: “If a person, purposely or knowingly makes, when making a claim for benefits pursuant to R.S. 34:15-1 et seq., a false or misleading statement, representation or submission concerning any fact which is material to […]
New Law Lowers Cost of Obtaining Medical Records
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 […]
New Jersey Division of Workers’ Comp Has Its First Woman and Hispanic Director
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 […]
A Guide to Interrogatories and Their Importance in the Workers’ Compensation Practice
Practical Advice in New Jersey Workers’ Compensation Under N.J.A.C. 12:235-3.8, interrogatories are allowed in the following types of cases without motion (meaning, neither party is required to file a Motion for Leave to Serve Interrogatories with the Court): dependency cases (See N.J.A.C. 12:235-3.8(a)), re-opener cases (See N.J.A.C. 12:235-3.8(d)), and occupational exposure cases (See N.J.A.C. 12:235-3.8(f); […]
What Costs and Legal Fees Are Deducted From the Lien of the Employer or Carrier?
One recurring question which adjusters and practitioners are often asked is this: in computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third party action? Further, does the employee get to reduce the employer or […]
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 […]
A Practitioner’s Glossary of New Jersey Workers’ Compensation Shorthand
Practical Advice in New Jersey Workers’ Compensation A reader reached out asking about the terms and abbreviations often used in the workers’ compensation practice. Below is a glossary of these abbreviations and phrases often used (listed generally in the order in which they may appear as a case progresses). “CP” – Claim Petition: This pleading […]
Guidance on Recording Defense Medical Examinations and Having Non-parties Present
One of the most nettlesome questions in New Jersey workers’ compensation is whether a non-party can attend an IME and whether a petitioner or a physician can record a medical examination without the other party’s consent and use it at trial. It is important to observe that the New Jersey Workers’ Compensation Act provides very […]
Appellate Division Reverses Judge of Compensation’s Decision That Employment Separation Agreement Constituted a Payment for a Disputed Workers’ Compensation Claim
The case of Donald Servais v. Ocean Wholesale Nursery, LLC., A-2988-20, (App. Div. July 14, 2022) presents an unusual legal issue in workers’ compensation. The case involved a dispute about an employment separation agreement and whether that agreement could have been construed to constitute a payment of workers’ compensation benefits, thereby tolling the statute of […]
Section 20 Settlements Versus Orders Approving Settlement
Practical Advice in New Jersey Workers’ Compensation Our clients often ask great questions regarding settlements in New Jersey workers’ compensation, particularly regarding the two types of settlements (Orders Approving Settlement, and Section 20/full and final), and the differences between them. This post provides examples of scenarios where an argument can be made for a Section […]
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