A Capehart Scatchard Blog

Tag: compensability

Understanding The Deviation From Employment Defense

By on February 16, 2022 in Compensability with 0 Comments

Workers’ compensation practitioners have all heard of the defense of deviation from employment.  But where does the defense come from?  The New Jersey Workers’ Compensation Act has well over 100 sections to it, but nowhere will you find any reference to the defense of deviation from employment.  Yet the defense does exist.  We know that […]

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New Jersey Supreme Court Finds Parking Lot Accident Compensable

By on January 19, 2022 in Compensability, Court Rulings with 1 Comment

On January 18, 2022, the New Jersey Supreme Court concluded round three of Diane Lapsley v. Township of Sparta, a case that dates back to February 3, 2014.  On that date Mrs. Lapsley, a librarian for the Township, left work early when the Township closed the library due to a snowfall.  Her husband picked her […]

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Key New Jersey Legislation In 2022: Expansion Of Compensability Of Parking Lot Injuries And Resumption Of Public Health Emergency

By on January 13, 2022 in Legislation with 1 Comment

In the first few days of 2022, two major legislative developments have significantly impacted workers’ compensation law.  The legislation effectively repealing the Supreme Court decision in Hersh v. County of Morris, 217 N.J. 236 (2014) will have a long-term impact on workers’ compensation in New Jersey; the resumption of the public health emergency will likely […]

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Enhanced Legal Presumptions Do Not Make Sense For Pandemic-Related Claims

By on April 27, 2020 in Legislation with 0 Comments

Proposed Senate Bill 2380 sponsored by New Jersey Senate President Stephen Sweeney seeks to create a new legal presumption of compensability for “essential employees,” including public safety workers and virtually all health care workers who file COVID-19 workers’ compensation claims.  This proposed presumption would require the Judge of Compensation to presume that any COVID-19 claim […]

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