A Capehart Scatchard Blog

Liens and Subrogation – Kuhnel v. CNA Ins. Cos.

By on July 7, 2008 in Controlling Costs with 0 Comments

In Kuhnel v. CNA Ins. Cos., 322 N.J. Super. 568 (App. Div. 1999), certif. denied, 163 N.J. 12, cert. denied, 531 U.S. 819 (2000) the Appellate Division held that a lien under N.J.S.A. 34:15-40 shall not include expenses for rehabilitation nursing services as a medical cost unless respondent can prove that the services primarily benefited […]

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Liens and Subrogation – Errickson v. Supermarkets General Corp.

By on July 7, 2008 in Controlling Costs with 0 Comments

New Jersey has a powerful subrogation provision under N.J.S.A. 34:15-40.  Respondent is entitled to two thirds of its payment if the recovery exceeds the total workers’ compensation expenses.  The employer must properly reserve lien rights. The case of Errickson v. Supermarkets General Corp., 246 N.J. Super. 457 (App. Div. 1991) points out how failure to […]

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Intentional Harm – Laidlow v. Hariton Machinery Co., Inc.

By on July 7, 2008 in Compensability with 0 Comments

Until 2002, the standard employed to decide whether conduct constituted intentional harm was so rigid that it basically amounted to proving that an employer created a virtual certainty of harm. Then came a series of decisions from the New Jersey Supreme Court which opened up the exclusive remedy provision. One of the leading cases is Laidlow […]

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Independent Contractor – Re/Max v. Wausau Ins. Cos.

By on July 7, 2008 in Key Defenses with 0 Comments

The independent contractor test was thoroughly analyzed by the Supreme Court in Re/Max v. Wausau Ins. Cos., 162 N.J. 282 (2000). In that case Re/Max argued that all of its real estate agents were independent contractors. They signed agreements to that effect. While most of the real estate agents worked full time, they did not have […]

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Independent Contractor – Kertesz v. Korsh

By on July 7, 2008 in Key Defenses with 0 Comments

To establish that an employee is an independent contractor the employer must consider the two tests used in New Jersey. The case of Kertesz v. Korsh, 296 N.J. Super. 146 (App. Div. 1996) provides an illustration. In this case the petitioner, Michael Kertesz, was a skilled contractor who did sheet rocking for 30 years. He had […]

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Fraud case – Cardiello v. Community Medical Center

By on July 1, 2008 in Key Defenses with 0 Comments

In a case handled successfully on appeal by Anne Hammill, Esq. of Capehart Scatchard,  the Appellate Division vacated a 60% award to petitioner in Cardiello v. Community Medical Center, A-3172-06T1 (App. Div. March 19, 2008). Petitioner, Valerie Cardiello, alleged that she injured her back on December 30, 2001 while working for respondent.  She later amended […]

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Fraud case – Singh v. Cream-O-Land Dairy

By on July 1, 2008 in Key Defenses with 0 Comments

New Jersey has its own fraud provision built into the statute under N.J.S.A. 34:15-57.4.  There are two helpful unreported cases on fraud. In Singh v. Cream-O-Land Dairy, A-2468-06T5, (App. Div. March 27, 2008), the Appellate Division affirmed the decision of the Honorable Michael P. Mullen, Judge of Compensation, in denying compensation to a claimant who […]

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Casual employment – Martin v. Pollard

By on July 1, 2008 in Key Defenses with 1 Comment

Casual employees are excluded from receiving benefits under N.J.S.A. 34:15-36. The present definition of casual employment embraces two concepts, depending on whether the services are given in relation to a business, or whether they are unconnected to a business. If the services are rendered in relation to a business, they are casual if they are […]

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