A Capehart Scatchard Blog

Tag: Permanent Partial Disability

The Perez Trio of Cases and Proof of Permanent Partial Disability

By on March 15, 2019 in Claims with 0 Comments

It is a remarkable coincidence that the three cases that best explain entitlement to permanent partial disability benefits in New Jersey all involve claimants with the last name of Perez.  The most important of the three Perez cases is Perez v. Pantasote, 95 N.J. 105 (1984). This case addressed the key statutory definition in N.J.S.A. […]

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Appellate Division Reverses Award of 47.5% for Unoperated Low Back Condition

By on October 6, 2017 in Awards with 0 Comments
Appellate Division Reverses Award of 47.5% for Unoperated Low Back Condition

Rarely does the Appellate Division reverse a Judge of Compensation when the only issue is the extent of permanent partial disability.   The case of Van Artsdalen v. Fred M. Schiavone Construction, No. A-3392-15T1, 2017 N.J. Super. Unpub. LEXIS 2516 (Oct. 5, 2017) is that rare example. The petitioner, Mr. Van Artsdalen, was injured on January […]

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Pulmonary Award Is Reversed for Failure of Judge to Explain Why She Credited the Testimony of Petitioner’s Expert Over Respondent’s Expert

By on April 18, 2014 in Claims with 2 Comments
Pulmonary Award Is Reversed for Failure of Judge to Explain Why She Credited the Testimony of Petitioner’s Expert Over Respondent’s Expert

Frank Ascione worked for U.S. Airways at Newark Liberty International Airport as a fleet service agent since 1981.  He handled baggage and drove equipment to push back planes.  He would work in the “bag room,” transporting baggage to and from the plane.  He assisted in de-icing of planes about 20 times in his career and […]

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