A Capehart Scatchard Blog

Tag: Appellate Division

Appellate Division Reverses Comp Award For Underpaying Claimant Due To An Incorrect Social Security Offset Calculation

By on August 1, 2016 in Awards with 0 Comments

Josephine Lucciola appealed from an order denying her request to vacate a February 23, 2012 order establishing her social security offset.  She contended that the order contained the wrong offset calculation and that she was being shorted tens of thousands of dollars by her employer, Home Depot.  There was no dispute that Lucciola had been […]

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Appellate Division Allows Comp Retaliation Case To Proceed To Jury

By on July 25, 2016 in Compensability with 0 Comments

Workers’ compensation retaliation claims are rare birds in New Jersey, and the case of Robinson v. Armadillo Automation, Inc. explains the standard for proving such cases.  Spencer Robinson worked as a valve technician from May 2005 until August 2011.  He alleged that when he was hired, he disclosed a prior low back condition, and he […]

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Petitioner Failed To Prove Her Husband’s Death From Multiple Myeloma Was Related To Possible Benzene Exposure During A Five Year Period

By on October 13, 2014 in Key Defenses with 0 Comments

Decedent, Gerald Hallquist, worked as a laboratory technician for E.I. Dupont de Nemours (hereinafter Dupont) from 1968 until his retirement in 1998.  Between 1977 and 1982, he worked in the quality control lab with liquid chemicals, including benzene.  He wore safety gloves and a uniform supplied by Dupont.  When working with certain chemicals, the decedent […]

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Appellate Court Defers to Compensation Judge on Assessment of Partial Permanent Disability

By on June 23, 2014 in Uncategorized with 1 Comment

One of the most challenging aspects of New Jersey workers’ compensation practice is estimating the level of permanent partial disability, particularly in a system in which the evaluating physicians have such disparate estimates.  The New Jersey Division of Workers’ Compensation does not use AMA Guidelines, which makes it even harder to reconcile widely diverging medical […]

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Supreme Court Finds County Employee’s Injury Not Compensable

By on April 8, 2014 in Compensability with 0 Comments
Supreme Court Finds County Employee’s Injury Not Compensable

In a surprising decision from the New Jersey Supreme Court, an award to Cheryl Hersh, an employee of Morris County, was reversed on April 1, 2014. Ms. Hersh was employed by the County since September 2002 as a Senior Clerk in the Board of Elections.  In 2004 the County assigned her free parking at a […]

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Slip And Fall At Work Accelerated Need for Surgery In Claimant With Severe Arthritic Hip Condition

By on March 11, 2014 in Key Defenses with 0 Comments
Slip And Fall At Work Accelerated Need for Surgery In Claimant With Severe Arthritic Hip Condition

Among the hardest cases for employers to contend with are those where the claimant already has an advanced degenerative or arthritic condition and then has an injury.  That was the situation when Veronica Graham, a 55-year-old Certified Nursing Assistant, fell on a wet floor at work on June 25, 2011.  She landed on her left […]

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Volunteer Firefighters May Be Employees under FMLA

By on February 7, 2014 in FMLA with 0 Comments
Volunteer Firefighters May Be Employees under FMLA

The City of Gibraltar employed 41 employees, excluding its “volunteer” firefighters.  When it fired one of the firefighters, Paul Mendel, he sued under the FMLA. The city countered that it was not covered under the FMLA because it had less than 50 employees. There were 25-30 “volunteer firefighters” whom the City contended were not truly […]

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Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim

By on January 23, 2014 in Compensability with 0 Comments
Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim

The premises rule in New Jersey states that employees are covered when they are on property owned or controlled by the employer.  How far can this be stretched?  When a car accident occurs on a public street with only part of the car touching the employer’s premises, is an injury still covered under the New […]

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Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian

By on April 19, 2012 in Uncategorized with 0 Comments

The court makes clear that an unexpected event is covered even if the employee could foresee the harm Accidental disability pensions in the public sector remain controversial because employees receive two thirds or more of their pay for life with no federal tax obligation and no state tax obligation until age 65.  The receipt of […]

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