A Capehart Scatchard Blog

Tag: The Second Injury Fund

Appellate Division Reverses Comp Award For Underpaying Claimant Due To An Incorrect Social Security Offset Calculation

By on August 1, 2016 in Awards with 0 Comments

Josephine Lucciola appealed from an order denying her request to vacate a February 23, 2012 order establishing her social security offset.  She contended that the order contained the wrong offset calculation and that she was being shorted tens of thousands of dollars by her employer, Home Depot.  There was no dispute that Lucciola had been […]

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Appellate Division Allows Petitioner with Total Disability Award to Reopen a Prior Claim for Partial Total Disability

By on November 23, 2015 in Uncategorized with 0 Comments

Employers often find New Jersey to be a very frustrating state for workers’ compensation because it is very difficult to close a file for good, unless the parties have grounds for a Section 20 disposition and the proposed Section 20 meets with the approval of the Judge of Compensation.  Now those employers will have added […]

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Claimant with Parkinson’s Disease Failed to Prove Work Accident Aggravated His Condition and Failed to Prove Entitlement to Second Injury Fund Benefits

By on August 25, 2014 in Key Defenses with 0 Comments

Kevin Durnien worked as a tractor-trailer driver for United Parcel Service (UPS) from 1996 to 2008.  He was diagnosed with Parkinson’s disease in 2003 but continued to drive for UPS for several years. On October 25, 2007, Durnien was injured when he fell on his elbow while making a warehouse pickup.  He injured his rotator […]

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Court Holds Employer Must Pay Total Disability for Complex Groin Injury Without Second Injury Fund and Could Not Offer Surveillance Tapes Done Post-Testimony

By on July 23, 2012 in Compensability with 0 Comments

In the case of Marra v. Ryder Transportation Resources, A-5724-10T4 (App. Div. July 2, 2012), the Appellate Division affirmed a holding that the employer was solely responsible for total disability stemming from a groin injury that occurred 15 years ago. The petitioner, Gerard Marra, originally injured himself at work lifting a loading gate.  On January […]

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