A Capehart Scatchard Blog

Tag: Coronavirus

Are There Workers’ Compensation And Employment Consequences For Failure To Use Protective Devices Required Under COVID-19 Policies?

By on May 4, 2020 in Other with 0 Comments

I had a recent discussion in relation to an upcoming COVID-19 webinar with former Supervising Judge of Compensation, Ray. A. Farrington, who sat in Hackensack, N.J. Judge Farrington raised an important question about what employers can do when employees ignore safety rules concerning COVID-19 in respect to both workers’ compensation and employment law. Suppose an […]

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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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Preventive Actions Do Not Trigger Temporary Disability Benefits In Comp and New Paid Emergency Sick Leave Act For Coronavirus For Employers With Less Than 500 Employees Effective April 1, 2020

By on April 6, 2020 in Workers' Comp Basics with 0 Comments

Let me begin with a correction to a prior blog.  A few weeks ago I wrote in a blog about a hypothetical scenario where an employer requires an employee to be quarantined because the employee was exposed to a fellow employee who tested positive for COVID-19.  Several readers wrote to disagree that the period of […]

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The Brave New World of Telecommuting and Workers’ Compensation

By on April 2, 2020 in Compensability with 0 Comments

In response to the world-wide coronavirus epidemic, one of the most remarkable societal changes taking place in America today is the ubiquitous transition from working in an office to working from home.  The deadly coronavirus is forcing this change, but many think that even when this crisis passes, American businesses will start to reevaluate the […]

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New Jersey Workers’ Comp Courts Set for Limited Reopening April 6th

By on March 31, 2020 in Other with 0 Comments

The New Jersey Workers’ Compensation court calendars were suspended March 17, 2020 through April 3, 2020.   On Monday, March 30, 2020, the Director of the Division of Workers’ Compensation, Hon. Russell Wojtenko, Jr. advised in a Notice to the Bar that a limited reopening will occur on Monday, April 6, 2020 to permit telephonic case […]

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The Potential Impact Of The Coronavirus On New Jersey Workers’ Compensation

By on February 28, 2020 in Compensability with 0 Comments

Many readers of this blog have inquired recently about the potential impact of the novel coronavirus on workers’ compensation claims.  Should a surge of serious coronavirus illnesses occur among New Jersey workers, would such claims be considered compensable under the law? The answer to this question depends on whether one is or is not a […]

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