An Adjuster’s View of Making Good Claim Notes in New Jersey Workers’ Compensation
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 […]
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 […]
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 […]
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 […]
Pre-Settlement Companies Should Have No Place at the New Jersey Comp Table
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 […]
Judge of Compensation Denied Hospital Due Process Rights in Ordering Temp Benefits Without Motion for Med and Temp Ever Being Filed
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 […]
Appellate Division Holds Statutory Volunteers Must Prove Actual Wage Loss In Order to Obtain Temporary Disability Benefits
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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? […]
Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA
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. […]
Appellate Division Reverses Award of 47.5% for Unoperated Low Back Condition
Rarely does the Appellate Division reverse a Judge of Compensation when the only issue is the extent of permanent partial disability. The case of Van Artsdalen v. Fred M. Schiavone Construction, No. A-3392-15T1, 2017 N.J. Super. Unpub. LEXIS 2516 (Oct. 5, 2017) is that rare example. The petitioner, Mr. Van Artsdalen, was injured on January […]
Connect with Capehart Scatchard