A Capehart Scatchard Blog

Tag: causation

Worker Who Became Unconscious While Working Could Not Prove Subsequent Physical Injuries Were Work Related

By on October 9, 2023 in Compensability, NJ Workers' Comp with 0 Comments

The recent decision in Sykes v. George Harms Construction Company, Inc., No. A-3320-20 (App. Div. September 28, 2023) addresses an unusual claim involving a worker who was found passed out on the job while operating an excavator.  The petitioner filed a motion for medical and temporary disability benefits seeking an MRI of the neck, low […]

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A Practitioner’s Guide to Prior Injuries and Credits

By on February 22, 2023 in NJ Workers' Comp, Practical Advice with 1 Comment

Practical Advice in New Jersey Workers’ Compensation Pursuant to N.J.S.A. 34:15-12(d), “if previous loss of function to the body, head, a member or an organ is established by competent evidence, and subsequently an injury or occupational disease arising out of and in the course of an employment occurs to that part of the body, head, […]

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Petitioner Proved Work Exposures Materially Caused or Contributed To His Colorectal Cancer

By on May 24, 2019 in Claims, NJ Workers' Comp with 0 Comments

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 […]

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Understanding Causation and Liability in Relation to Section 20 Settlements

By on October 5, 2018 in Awards, NJ Workers' Comp with 0 Comments

New Jersey workers’ compensation has two kinds of settlements: those under Section 20, a full and final settlement, and those under Section 22, an accepted percentage of disability settlement with reopener rights retained by the petitioner.  Section 20 settlements are popular with employers and carriers because they do not involve an admission of liability, and […]

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Why Prompt Reporting Policies Are Crucial Even If New Jersey’s Notice Statute Remains Weak

By on May 25, 2018 in Claims, NJ Workers' Comp with 0 Comments

The failure to report a claim in a timely manner generally leads to powerful defenses that help employers prevail in workers’ compensation court.  But lack of timely notice is seldom one of those defenses in New Jersey.  That sounds like a conundrum.  Shouldn’t lack of timely notice be the first defense that jumps to one’s […]

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