A Capehart Scatchard Blog

Tag: Temporary Disability Benefits

Full Salary Provisions Under New Jersey Workers’ Compensation

By on September 14, 2018 in Workers' Comp with 0 Comments

Employees who are out of work due to work injuries or illnesses are eligible for temporary disability benefits at a rate of 70% of wages subject to an annual maximum.  In 2018 that maximum is $903 per week.  That means that the employee who earns $2,000 per week or even $20,000 per week is limited […]

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When Should a Judge Reconstruct An Employee’s Wages for Permanency Purposes?

By on March 16, 2018 in Awards with 1 Comment

The concept of reconstructing wages for permanency awards pertains to part-time workers with serious injuries.  For example, consider an employee who works 20 hours per week earning $10 per hour.  The employee has a serious injury that prevents the employee from earning the same amount of money or prevents the employee from working full-time in […]

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Appellate Division Rejects Reopener of Psychiatric Award 18 Years Post Injury

By on January 18, 2018 in Awards with 0 Comments
Appellate Division Rejects Reopener of Psychiatric Award 18 Years Post Injury

It is challenging for a petitioner to relate an increase in disability or need for treatment to a relatively modest award that has remained unchanged for over a decade.  That was the situation in Batts v. Flag House, A-5616-15T4 (App. Div. January 16, 2018).   The case involved an award of 50% disability of the right […]

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Appellate Division Holds Statutory Volunteers Must Prove Actual Wage Loss In Order to Obtain Temporary Disability Benefits

By on December 13, 2017 in Benefits with 0 Comments

After decades of confusion over the issue of paying temporary disability benefits to volunteer firefighters who have no outside jobs, practitioners finally received an answer from the Appellate Division in Kocanowski v. Township of Bridgewater, A-3306-15T2, (App. Div. December 11, 2017). The case involved a volunteer firefighter with the Finderne Fire Engine Company in Bridgewater […]

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Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed

By on September 22, 2017 in Court Rulings with 0 Comments
Appellate Court Reverses Order for Temporary Disability Benefits Against One of Two Potential Employers Where Employment Was Disputed

When a petitioner files a motion for medical and temporary disability benefits and the only issue is which carrier or employer is responsible, the Judge of Compensation can order benefits paid by one of the parties pending the outcome of litigation. The logic behind this rule is that it is unfair to delay benefits to […]

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Why New Jersey Comp Law Holds That One Who Has Been Fired Is Not Entitled To Temporary Disability Benefits Unless He Or She Would Have Been Working Another Job

By on May 12, 2017 in Benefits with 0 Comments

One of the most controversial issues in New Jersey workers’ compensation has to do with whether an injured worker who has been fired is entitled to temporary disability benefits.  The leading case is Cunningham v. Atlantic States Cast Iron Pipe Co., 386 N.J. Super. 423 (App. Div.), certif. denied, 188 N.J. 402 (2006).   That case was […]

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Appellate Division Holds That New York Worker Who Accepted A Job Offer While In New Jersey Was Hired In New Jersey Conferring Jurisdiction In New Jersey

By on April 20, 2017 in Court Rulings with 0 Comments

When an employee returns to work following a work injury, in many states that ends the workers’ compensation case, but not in New Jersey.  In our state, that just moves the case to the final stage of permanency benefits for loss of function of the body member.  The availability of loss of function awards following […]

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Recent Developments in New Jersey Workers’ Compensation

By on February 13, 2015 in Uncategorized with 0 Comments

There have been a number of developments in the Division of Workers’ Compensation in 2015 of which practitioners should be aware: Retirement of Director Peter J. Calderone, After 13 years of service as Director of the Division of Workers’ Compensation and 39 years of service to the State of New Jersey, Chief Judge and Director […]

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