A Capehart Scatchard Blog

Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions

By on January 12, 2012 in Claims with 2 Comments

Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman.  Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off.  She said it was the most stressful job she ever had. Petitioner also […]

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Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident

By on January 9, 2012 in FMLA with 0 Comments

What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA?  These issues as well as the impact of the ADAAA on the FMLA are covered in an important decision entitled Patton v. […]

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Occupational Back Claim Is Held To Be Time Barred And Alleged Subsequent Work Injury Is Defeated By Medical Records Showing An Injury At Home Immediately Prior To Cessation Of Work

By on January 3, 2012 in Uncategorized with 0 Comments

James Graf worked from 1982 to December 2002 refinishing wood floors.  He had a physical job.  He operated a 230-pound sander, a 50-pound edging machine, and a radiator sander.  He would remove pieces of heavy equipment from his employer’s van and carry the equipment up the stairs to the work location.  He also stained sanded […]

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Facebook – Ushering in a New Era of Discovery?

By on December 20, 2011 in Uncategorized with 0 Comments

As the world in which we live continues to become more technologically advanced, it should come as no surprise that this advancement is having effects on many areas of the law.  Attorneys and clients are beginning to see the interplay between social networking sites, such as Facebook, and the law, as these social platforms are […]

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Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim

By on December 15, 2011 in Compensability with 0 Comments

Plaintiffs’ counsel continue to assault the citadel that is the exclusive remedy defense in the New Jersey Workers’ Compensation Act.  Once again a New Jersey court has held that no intentional harm was proven. Craig Kane worked for the County of Burlington as an HVAC mechanic.  He also owned his own mechanical business.  He was asked […]

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Can An Employer Defeat An Asbestos-Related Cancer Claim Based On The Statute Of Limitations?

By on December 5, 2011 in Key Defenses with 0 Comments

The answer to this question, at least in New Jersey, is a resounding yes, if you have the right facts.  In Russo v. Hoboken Board of Education, A-1861-10T4 (App. Div. November 29, 2011), the petitioner filed a claim petition on February 24, 2004.  He alleged that pulmonary injuries caused by asbestos exposure principally between 1990 […]

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Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law

By on November 27, 2011 in Uncategorized with 0 Comments

It is long past obvious that the Medicare Secondary Payer Statute is here to stay.  But how well is the MSP faring in the courts?  Judging by the decision in Hadden v. United States of America, CMS would say that it is faring quite well, thank you. The Hadden case was decided on November 21, […]

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Plaintiff’s Claim For Intentional Harm Survives Motion To Dismiss Made By Defendant

By on November 18, 2011 in Compensability with 0 Comments

The exclusive remedy provision is a powerful one in New Jersey.  It is the rare case where a plaintiff successfully proves intentional harm.  Nonetheless, a well-plead complaint will often survive a motion to dismiss as is shown in Blackshear v. Syngenta Crop Protection., et. al. 2011 U.S. Dist. LEXIS 125505 (D.N.J. October 31, 2011).  The […]

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Once Per Week Hairstylist Found To Be Employee And Not Independent Contractor At Senior Facility

By on November 6, 2011 in Key Defenses with 3 Comments

In New Jersey employment is favored heavily over independent contractor status.  Proof of this rule is Johantgen v. Brandywine Senior Care Center, A-4883-09T1 (App. Div. October 31, 2011). Diane Johantgen provided hairstyling and grooming services once per week to residents of a long-term nursing home.  She fell from a chair and fractured her wrist while […]

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Are Complications From Flu Shots Provided By Employers Considered Compensable?

By on November 2, 2011 in Compensability with 0 Comments

Many employers offer flu shots and other inoculations to employees on company premises during work hours.  Complications from flu shots are very rare but the Centers for Disease Control have noted that about one in 100,000 people who get a flu shot will develop Guillain-Barre syndrome, which is a debilitating nerve disorder.  There are also […]

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Workers’ Comp Rates Are On The Rise Again In New Jersey

By on October 27, 2011 in Counsel Fees with 0 Comments

After a year in 2011 in which workers’ compensation rates actually declined for the first time in decades, the new rates in 2012 have renewed the steady ascent which commenced in 1980. The Workers’ Compensation rates effective January 1, 2012 are: Maximum for temporary disability and permanent total  — $810.00 per week up from $792.00 Minimum for temporary […]

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Owner Of Restaurant Who Left Home Earlier Than Usual For Meeting Was Not Covered In Accident On Way To Work

By on October 25, 2011 in Compensability with 0 Comments

Since the legislative change in 1979 to substitute a premises rule for the going-and-coming rule, there have been many attempts to expand the “special mission” exception.  The general rule is that only injuries on employer-owned or maintained premises are covered.  One big exception involves injuries that emanate from the performance of special missions.  That latest […]

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Employer Did Not Owe Temp Benefits To Employee Fired For Violation Of Company Drug Policy

By on October 19, 2011 in Compensability with 0 Comments

John Gioia worked for Herr Foods as a delivery person.  He injured his right ankle stepping from his delivery truck on November 23, 2007.   He began authorized treatment right away and underwent an MRI one month later which revealed an avulsion fracture and sprain of the deltoid ligaments. The accident occurred on the Friday after […]

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Part-Time Worker Receives Total Disability Award And Reconstructed Wage

By on October 11, 2011 in Uncategorized with 1 Comment

Rommel Calle worked part-time for DaJana Industries from November 2004 to March 2005.  During the other months of the year he did work as a laborer for several other employers.  On March 8, 2005 Calle injured his back when he fell while pulling a hand truck loaded with 50 bags, each bag weighing about 50 […]

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Capehart Scatchard Volunteers Go To The Dogs!

By on October 10, 2011 in Uncategorized with 7 Comments
Capehart Scatchard Volunteers Go To The Dogs!

Employees of Capehart Scatchard recently volunteered for and participated in the 4th Annual “Bark In the Park” dog walk and festival at the Rose Tree Park in Media, Pennsylvania on Saturday, October 8, 2011.  Proceeds from the event benefited the Delaware County S.P.C.A. which was able to exceed its fundraising goal in this one event.  Please […]

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