A Capehart Scatchard Blog

Section 20 Settlement Versus Order Approving Settlement

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 […]

Share

Continue Reading »

Appellate Court Affirms Some Sanctions Against Employer and Reverses Other Sanctions

Sanctions against an employer in workers’ compensation are rather rare, and the case of Pschunder-Haaf v. Synergy Home Care of South Jersey, A-3138-13T3, (App. Div. May 12, 2015) provides some guidance on conduct that may lead to such sanctions. The petitioner, Pschunder-Haaf, a home health aide, injured her low back when a patient fell on […]

Share

Continue Reading »

Plaintiff’s Disability Discrimination Claim Doomed by Contradictory Statements to Social Security

Alphonso Myers worked as a security guard and was injured in that position.  He applied for and received social security disability benefits.  In his application, he advised the Social Security Administration that he was in pain all the time during the period of his application, he could only stand for twenty minutes and could only […]

Share

Continue Reading »

Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?

The old adage is that New Jersey is a not a partial temp state, but is that really true?  In some states, like New Hampshire, an employee who returns to work but due to disability cannot earn the amount he or she was earning before the work injury may be eligible for significant benefits.  The […]

Share

Continue Reading »

Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement

Unlike many states, most settlements in New Jersey are paid out over a period of weeks, often with payments carrying out well into the future.  For example, if an employee receives an award of 40% permanent partial disability, the award is paid over 240 weeks in equal payments beginning with the last payment of temporary […]

Share

Continue Reading »

Employer Waived Its Objection to Policy Cancellation by Waiting Seven Years before Raising Issue of Proper Cancellation

Janice Davis was injured on April 23, 2007 in a work-related accident.  She filed a claim petition promptly against Yassien Mobility Assistance & Ambulance, Inc., her employer.  On October 1, 2007, Yassien filed an answer stating that it had no insurance for workers’ compensation.  The Uninsured Employers’ Fund (UEF) was joined in the matter as […]

Share

Continue Reading »

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

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 […]

Share

Continue Reading »

PIP Carrier’s Claim Petition Is Rejected for Failure to Show Work Connection

What can a PIP carrier do when it believes the bills it has paid arise from a workers’ compensation case but the injured party has never filed a claim?  In New Jersey, the PIP carrier has a right to file a workers’ compensation claim petition in the name of the injured worker, but there is […]

Share

Continue Reading »

Appellate Court Fine Tunes Standards for Motions for Medical and Temporary Benefits

Sometimes the seemingly minor cases have significant long-term impact.  The case of Amedeo v. United Parcel Service, A-1013-13T2 (App. Div. April 8, 2015) may be one of those cases. Thomas Amedeo suffered a work injury in 2009 in the employment of UPS.  He filed a workers’ compensation claim petition and ultimately received an award of […]

Share

Continue Reading »

Misuse Of The Term “Aggravation” Causes Huge Overpayments In Workers’ Compensation

SCENARIO ONE: An employee has a preexisting arthritic knee condition that his personal physician says will require imminent knee replacement. Three months later this employee steps off a truck at work and feels pain in the knee.  He reports the incident to his employer, who sends him for treatment.  The doctor orders an MRI, stating […]

Share

Continue Reading »

Court Holds that Employee With Restrictions Who Was Terminated Should Have Chance to Prove Reasonable Accommodations Could Have Been Made by Employer

By on April 2, 2015 in ADA, NJ Workers' Comp with 1 Comment

Many employers have 100% healed policies that can redound to their detriment in court.  That was the situation in Kauffman v. Petersen Health Care, VII, LLC, 769 F.3d 958 (7th Cir. 2014). Debra Kauffman worked as one of two hairdressers at Mason Point Nursing Home in central Illinois.  On Mondays and Tuesdays, she would wheel […]

Share

Continue Reading »

Court Rejects Claim for Employee Injured on Ground Floor Elevator in Multi-Tenant Building

The case of Burke v. Investors Bank, A-1551-13T1 (App. Div. March 16, 2015) underscores an important point for New Jersey practitioners:  one is not considered to be at work in a multi-tenant building until one arrives at the employer’s business. On December 3, 2012, Laura Burke parked her car in the parking garage of the […]

Share

Continue Reading »

City That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA

By on March 12, 2015 in FMLA, NJ Workers' Comp with 0 Comments

Very few cases have focused on the relationship between COBRA and FMLA.  The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue. Barry Neal, a firefighter, was severely injured in a non-work accident on February 1, 2013.  […]

Share

Continue Reading »

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

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.  […]

Share

Continue Reading »

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

By on February 23, 2015 in NJ Workers' Comp, 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 […]

Share

Continue Reading »

Top