Petitioner Failed To Show Her Worsened Disability On Reopener Related Back to Her 1999 Work-Related Motor Vehicle Accident with Sprint PCS
Reopener petitions abound in New Jersey, but seldom does an injured worker seek on reopener to move an award of 30% permanent partial disability to total and permanent disability benefits. That was the issue in Camarena v. Sprint PCS, A-2205-17T2 (App. Div. June 24, 2019). Ms. Camarena obtained an award of 30% permanent partial disability […]
Appellate Division Affirms Decision of Judge of Compensation Finding That The New Jersey Sports and Exposition Authority Did Not Need To Reconstruct Petitioner’s Wage in Award of One Third of Permanent Partial Disability
Reconstruction of Wages is an issue in many New Jersey workers’ compensation matters. In a case handled by Capehart Scatchard and successfully argued by Keith Nagy, Esq., the Appellate Division stressed that petitioner has to prove permanent impairment of full-time working capacity arising from a work injury before wages must be reconstructed. The case is […]
Veterans Administration/Tricare Subrogation Rights – Issues in Workers’ Compensation Practice Requiring a Proactive Approach
By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark Yes, it’s me again with yet another nightmare-inducing minefield to trap the unwary practitioner. Well, perhaps that’s an extreme analogy. But since we are dealing with Department of Defense-based health coverage, I believe a military-themed introduction is a necessity. Ok, I’ve got it: think of these liens […]
Shoulder Injury Arising From Altercation Between Co-Employees Held Compensable
Sometimes tensions flare up between employees resulting in physical altercations with unexpected consequences. A case in point is Bhut v. Aluminum Shapes, No. A-4652-17T1, 2019 N.J. Super. Unpub. LEXIS 1322 (App. Div. June 10, 2019). The petitioner, Mr. Bhut, worked as a technician fixing manufacturing equipment. He said that on May 21, 2017, he entered […]
When May An Employer Or Carrier Accelerate Future Permanency Award Payments In A Lump Sum?
Most workers’ compensation awards in New Jersey are settled with a percentage of disability paid over time in weekly installments. These are called Orders Approving Settlements under N.J.S.A. 34:15-22. A smaller portion of settlements are paid in one lump sum under N.J.S.A. 34:15-20. This second category only applies when there is an issue of jurisdiction, […]
NJSEA Teamster Truck Driver Found Not To Be Special Employee Of Exhibitors At Izod Center
A cardinal rule in workers’ compensation is that an employee cannot sue his or her employer in civil court for a work injury except for rare circumstances involving intentional harm. But what if the employee has two employers? Does that rule apply to both employers? The answer is yes, the rule applies to both employers, […]
Petitioner Proved Work Exposures Materially Caused or Contributed To His Colorectal Cancer
It can be challenging to prove that a fairly common cancer occurring frequently in the general population is work related. The case of Proscia v. Advanced Biotech, A-3017-17T2 (App. Div. April 26, 2019) offers interesting guidance on how an injured worker can prove such a case. Frank Proscia worked for Advanced Biotech (AB) from […]
Appellate Division Voids Penalty Assessed Against Borough for Late Payment of Award
There are few cases in the Division involving assessments of penalties against an employer for late payment of a settlement. Ramella v. Borough of Seaside Heights, A-3310-17T3 (App. Div. April 8, 2019) is therefore of interest to practitioners. The petitioner, Shirley Ramella, brought a dependency claim against the Borough and its various workers’ compensation carriers […]
Court Rules Proceedings in Workers’ Compensation Court Violated Due Process Rights of Employer
Petitioner Joan Haggerty worked for Cape May Regional Medical Center (Crothall Service Group). She tore her left rotator cuff and bicep tendon while working as a housekeeper. Months later she injured her neck and left shoulder making a bed and stretching sheets. She filed a workers’ compensation claim for each injury and later amended the […]
Medicaid And New Jersey Family Care Liens: State Funded Medical Benefit Programs Cover Increasing Numbers of New Jersey Citizens
By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark Ask any practitioner about the nature of Medicare and his or her response will usually be that it is a source of medical coverage for the very poor, such as those receiving SSI (Supplemental Security Income.) Alas, such an answer is no longer correct, nor is it […]
Sole Proprietor Did Not Have Exclusive Discretion To Transform Trip Involving Car Maintenance Into A Work Mission
Vinno Verasawmi was the sole proprietor of VKR, which manufactured custom kitchen cabinets for residential and commercial customers. The company had two other employees. Verasawmi would visit construction sites and meet customers in the ordinary course of business. He drove a Porsche Cayenne, registered in his own name, both for personal and business use. He […]
Reckless Prank By Co-Employee Does Not Permit Victim To Pursue Civil Suit
Readers of this blog know that it is extremely difficult for an employee to sue his or her employer or co-employee in civil court. That was proven again in Johns v. Wengerter, A-2053-17T1 (App. Div. April 1, 2019). Johns, a City of Linden firefighter, was on duty at the firehouse on November 27, 2015. He […]
Appellate Division Resolves Long-Standing Dispute on Lien Formula With High Third Party Settlements
After at least four decades of disagreement on lien reimbursement calculations in high third party settlements, the Appellate Division this week handed down a reported decision in Liberty Mutual Insurance o/b/o Sabert Corporation v. Jose R. Rodriguez, A-0112-17T4 (App. Div. April 2, 2019). Betsy Ramos, Esq., co-chair of Capehart’s litigation department, successfully argued the cause […]
Employee’s Failure to Pursue Rights in Workers’ Compensation Court Precludes a Civil Suit for Failure to Accommodate under the ADA and LAD
As practitioners well know, many ADA law suits begin with a workers’ compensation injury. But where is the line between an issue that must be handled in workers’ compensation and one that can be brought in civil court? That was the issue that the New Jersey Supreme Court decided on March 25, 2019 in Caraballo […]
The ERISA Lien – – A Federal “Partner” In State Workers’ Compensation Litigation
By: Alfred Vitarelli, Esq., Shareholder, Stark & Stark If the workers’ compensation practitioner reading this otherwise dry blog finds his/her mind wandering to more exciting topics, let your mind focus on that ominous line from the 1987 classic “Fatal Attraction:” I will NOT be IGNORED!” No, I am not comparing the great acting of Glenn Close […]
Connect with Capehart Scatchard