A Capehart Scatchard Blog

All Dependents Including Minors Are Bound by the Two-Year Statute in Workers’ Compensation

By on February 8, 2018 in Policy with 0 Comments

Scott Jeannette was an employee of General Mills Progresso. He went into cardiac arrest at work on June 7, 2011 and died nine days later from complications.   He left a wife, Nacole, and a four-year-old son, Chase. Nacole filed a dependency claim petition over six months past the two-year statutory filing deadline. General Mills Progresso […]

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An Adjuster’s View of Making Good Claim Notes in New Jersey Workers’ Compensation

By on February 1, 2018 in Claims with 0 Comments

By: Michael Weiner, Workers’ Compensation Claims Examiner Editor: John H. Geaney, Esq. As adjusters we are constantly being reminded to document our files: specifically, keep good log notes. We have all heard managers and supervisors repeat this mantra: “If it is not in the notes, it did not happen!” Good claim notes should “tell the […]

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Compulsion Versus Permission in Workers’ Compensation

By on January 26, 2018 in Compensability with 0 Comments
Compulsion Versus Permission in Workers’ Compensation

“If you require it, you buy it.”  So said the Honorable Ray A. Farrington, former Supervising Judge of Compensation in Hackensack in reference to situations where an employer required an employee to perform a task that would otherwise be clearly not work related.  The concept of compulsion is an important one to understand in the […]

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Appellate Division Rejects Reopener of Psychiatric Award 18 Years Post Injury

By on January 18, 2018 in Awards with 0 Comments
Appellate Division Rejects Reopener of Psychiatric Award 18 Years Post Injury

It is challenging for a petitioner to relate an increase in disability or need for treatment to a relatively modest award that has remained unchanged for over a decade.  That was the situation in Batts v. Flag House, A-5616-15T4 (App. Div. January 16, 2018).   The case involved an award of 50% disability of the right […]

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Federal Court Upholds Employer’s Six Month Leave Policy for Work-Related Injuries

By on January 12, 2018 in Court Rulings with 0 Comments
Federal Court Upholds Employer’s Six Month Leave Policy for Work-Related Injuries

The case of Billups v. Emerald Coast Utilities Authority, 33 AD Cases 1312 (11th Cir. October 26, 2017) presented a challenge by an injured employee to his company’s six month limitation of leave. Mr. Billups injured his shoulder on December 18, 2013 doing his work as a Utility Service Technician II. He felt a pop […]

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Pre-Settlement Companies Should Have No Place at the New Jersey Comp Table

By on January 4, 2018 in Policy with 1 Comment

In the past few years there has been a rise in the number of cases where injured workers have been loaned money in advance of their workers’ compensation settlements by private pre-settlement companies.  This practice is more common in other states like Pennsylvania, but it is now creeping into New Jersey.  Companies which make private […]

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Judge of Compensation Denied Hospital Due Process Rights in Ordering Temp Benefits Without Motion for Med and Temp Ever Being Filed

By on December 21, 2017 in Benefits with 0 Comments

Can a Judge of Compensation order a respondent to pay temporary disability benefits without a motion being filed in the first place?  The answer is no according to the decision in Munch v. Atlantic Health System, A-1265-16T1 (App. Div. December 21, 2017). Petitioner, Dana Munch, worked as a paramedic for Atlantic Health System (AHS) and […]

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Appellate Division Holds Statutory Volunteers Must Prove Actual Wage Loss In Order to Obtain Temporary Disability Benefits

By on December 13, 2017 in Benefits with 0 Comments

After decades of confusion over the issue of paying temporary disability benefits to volunteer firefighters who have no outside jobs, practitioners finally received an answer from the Appellate Division in Kocanowski v. Township of Bridgewater, A-3306-15T2, (App. Div. December 11, 2017). The case involved a volunteer firefighter with the Finderne Fire Engine Company in Bridgewater […]

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Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

By on December 5, 2017 in Claims with 0 Comments
Hartford Insurance As Workers’ Compensation Carrier Loses Claim Against NJM For Subrogation

New Jersey law has very strict procedures for workers’ compensation carriers to follow in subrogation, and failure to comply with those strict rules can mean loss of subrogation rights, as noted in Pino v. Polanco and New Jersey Manufacturers, A-5027-15T4 (App. Div. November 22, 2017). Ms. Pino was injured in a work-related car accident on […]

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Police Officer Injured Working Approved Outside Assignment Cannot Sue Contractor Which Hired Township Officers Through the Municipality

By on November 27, 2017 in Court Rulings with 0 Comments
Police Officer Injured Working Approved Outside Assignment Cannot Sue Contractor Which Hired Township Officers Through the Municipality

Many police officers work outside assignments that are approved through their police department.  What happens if an injury occurs to the officer in the approved outside assignment?  What are the ramifications for workers’ compensation and civil liability purposes?  This issue arose in Dutcher v. Pedro Pedeiro and Black Rock Enterprises, LLC., A-1088-16T3 (App. Div. October […]

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Report of Plaintiff’s Personal Doctor Undercuts Her ADA Claim for Discrimination in Post-Offer Exam

By on November 16, 2017 in ADA with 0 Comments
Report of Plaintiff’s Personal Doctor Undercuts Her ADA Claim for Discrimination in Post-Offer Exam

On July 26, 2012, Stephanie Nichols applied for a job as a Senior Radiology Technologist with OhioHealth Corp at the Riverside Breast Health Center.  She had worked in similar positions for over 30 years.  Nichols received the job offer contingent on passing a medical examination.  In the health assessment form that Nichols completed, she was […]

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Retaliation Claim in Workers’ Compensation Is Not Barred Because Plaintiff Also Filed a Discrimination Claim under the New Jersey Law Against Discrimination

By on November 7, 2017 in Claims with 0 Comments
Retaliation Claim in Workers’ Compensation Is Not Barred Because Plaintiff Also Filed a Discrimination Claim under the New Jersey Law Against Discrimination

Can an employee maintain both a workers’ compensation retaliation claim at the same time as he alleges discrimination under the New Jersey Law Against Discrimination (LAD)? That was one issue answered in Larson v. City of Paterson, A-2526-15T4 (App. Div. October 26, 2017). Carl Larson worked as a firefighter for the City of Paterson from […]

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Court Cannot Require Carrier to Pay Dependency Benefits Beyond 450 Weeks Even If Carrier Mistakenly Agreed to Pay Such Benefits at Time of Settlement

By on October 31, 2017 in Benefits with 0 Comments
Court Cannot Require Carrier to Pay Dependency Benefits Beyond 450 Weeks Even If Carrier Mistakenly Agreed to Pay Such Benefits at Time of Settlement

The case of Apperman v. Visiting Nurse Association of Westfield, A-5446-15T3 (App. Div. October 30, 2017) presented an unusual situation where a carrier agreed to pay benefits that exceeded its obligation under the statute.  The case involved the tragic death of Phyllis Apperman who died in a motor vehicle accident in December 2003. The claim […]

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When Are Drives To Physicians Covered Under Workers’ Compensation?

By on October 20, 2017 in Benefits with 0 Comments
When Are Drives To Physicians Covered Under Workers’ Compensation?

It is not uncommon for injured workers to suffer additional injuries due to car accidents on the way to a physician’s office or physical therapist’s office. So what are the rules in New Jersey on compensability? Q. Is the injured worker covered for workers’ compensation purposes in a car accident on the way to treatment? […]

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Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA

By on October 13, 2017 in Court Rulings with 0 Comments

The EEOC has provided guidance that in its view a fairly long leave of absence should be considered a reasonable accommodation even after FMLA leave has been exhausted.  The Court in Severson v. Heartland Woodcraft, Inc., 33 AD Cases 1113, September 20, 2017 disagreed rather strongly with that view and did not follow EEOC advice. […]

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