A Capehart Scatchard Blog

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

By on March 12, 2015 in FMLA 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.  […]

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

By on March 3, 2015 in Uncategorized with 0 Comments

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.  […]

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

By on February 23, 2015 in 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 […]

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Recent Developments in New Jersey Workers’ Compensation

By on February 13, 2015 in Uncategorized with 0 Comments

There have been a number of developments in the Division of Workers’ Compensation in 2015 of which practitioners should be aware: Retirement of Director Peter J. Calderone, After 13 years of service as Director of the Division of Workers’ Compensation and 39 years of service to the State of New Jersey, Chief Judge and Director […]

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Federal Court Holds that Employer Does Not Have to Remove Essential Job Functions as a Reasonable Accommodation Under ADA

By on February 5, 2015 in ADA with 0 Comments

Joe Wilkerson worked for Boomerang Tube, LLC  first as a general laborer and then as a mill operator. He injured his left hand on December 13, 2010 while operating the mill.  He returned to work on restricted duty on December 17, 2010.  On that evening at work, he reinjured his hand requiring another visit to […]

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Appellate Division Reverses Dismissal of Case for Failure to Show Good Cause

By on January 29, 2015 in Uncategorized with 1 Comment

Robin Williams was injured working for Ready Pack on May 18, 2006 and May 22, 2006.  A settlement was approved for 10% of partial total for the left shoulder on August 11, 2008.   Thereafter, Williams moved to Philadelphia and left the employment of Ready Pack. On August 10, 2010, petitioner filed a reopener application alleging […]

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Superior Court Decision Refused to Follow Unreported Decision in Dever V. New Jersey Manufacturers

By on January 20, 2015 in Uncategorized with 0 Comments

There has been a great deal of controversy about respondent’s lien rights in motor vehicle accident cases since the unreported ruling in Dever v. New Jersey Mfrs. Ins. Co., No. A-3102-11T2 (App. Div. October 23, 2013).  In one decision from last summer, an Atlantic City Superior Court Judge rejected the application of the Dever rule […]

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Appellate Division Affirms Large Award to Airline Employee

By on January 12, 2015 in Uncategorized with 1 Comment
Appellate Division Affirms Large Award to Airline Employee

It is very difficult to appeal a Judge of Compensation on the level of permanency awarded following trial.  That lesson can be seen in Huesser v. United Airlines, A-5959-12T3, (App. Div. July 14, 2014). Elaine Huesser worked as a flight attendant for United Airlines since 1998.  She suffered her first injury on September 28, 2005 […]

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Comp Insurers Remain Concerned over the Expiration of the Terrorism Risk Insurance Act (TRIA)

By on January 7, 2015 in Uncategorized with 0 Comments

We live in a world where terrorism unfortunately poses genuine insurance risks. The Terrorism Risk Insurance Act (TRIA) was passed by President George W. Bush on November 26, 2002 to establish a backstop for insurance claims arising from acts of terrorism.  This coverage includes workers’ compensation claims.  Before September 11, 2001, insurance companies generally did not […]

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Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

By on December 18, 2014 in Key Defenses with 0 Comments
Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

Under the New Jersey Workers’ Compensation Act, the independent contractor defense is seldom successful, but one area where the defense is still viable is in the horse racing industry as seen in the recent decision of Perry v. Robert Horowitz Stable, A-3845-12T2 (App. Div. December 9, 2014). Randolph Perry was a licensed horse owner and […]

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Appellate Court Orders Home Modifications to Be Paid by Comp Carrier but Reverses Court Order on Home Elevator

By on December 9, 2014 in Uncategorized with 2 Comments

There are few Appellate Division cases dealing with the requirements on an employer/carrier with respect to home modifications when an employee has suffered catastrophic injuries. For this reason, the decision in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div. December 5, 2014) is important for practitioners in New Jersey. Mr. Loeber was injured […]

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Appellate Division Rejects Strict Application of One-Year Rule on Dismissals For Lack of Prosecution

By on December 1, 2014 in Key Defenses with 0 Comments

Workers’ compensation practitioners are very familiar with N.J.S.A. 34:15-54, which is the provision that allows a case to be dismissed for lack of prosecution, allowing the claimant one year to reinstate the case for good cause shown.  But the one-year period in the statute may not be as rigid as practitioners thought in light of […]

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Geaney’s 2015 Workers’ Comp Manual Highlights

By on November 21, 2014 in Uncategorized with 0 Comments

The 2015 Manual is a compilation of prior editions with particular emphasis on cases decided in 2013-2014 as well as the addition of important chapters for practitioners of workers’ compensation. Several Supreme Court decisions and numerous appellate division decisions are analyzed in this edition. Some of the 2015 Edition highlights are as follows: New chapter […]

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Third Circuit Court Holds Employer May Have Violated Law against Discrimination in Firing Long-Time Employee

By on November 14, 2014 in ADA with 0 Comments

Segundo Rojas worked 28 years for Acuity Brands Lighting, Inc.  In June 2011, Rojas was approved to leave work for a vacation to Ecuador set to last from June 27 to July 12, 2011.  However, he became ill in Ecuador from diverticulitis and did not return until September 12, 2011. Rojas claimed that he was […]

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Third Circuit Finds Employer May Have Interfered with FMLA Rights by Not Allowing Employee with Doctor’s Clearance to Return to Work

By on November 6, 2014 in FMLA with 1 Comment
Third Circuit Finds Employer May Have Interfered with FMLA Rights by Not Allowing Employee with Doctor’s Clearance to Return to Work

The case of Budhun v. Reading Hospital and Medical Center, 765 F.3d 245 (3d Cir. 2014) shows how complex return-to-work issues can be under FMLA.  The plaintiff in that case, Vanessa Budhun, worked as a credential assistant for Reading Hospital.  About sixty five percent of her job required typing.  Budhun took about four weeks of […]

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