A Capehart Scatchard Blog

Appellate Division Reverses Dismissal of Case for Failure to Show Good Cause

By on January 29, 2015 in Uncategorized with 0 Comments

Robin Williams was injured working for Ready Pack on May 18, 2006 and May 22, 2006.  A settlement was approved for 10% of partial total for the left shoulder on August 11, 2008.   Thereafter, Williams moved to Philadelphia and left the employment of Ready Pack. On August 10, 2008, petitioner filed a reopener application alleging […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Superior Court Decision Refused to Follow Unreported Decision in Dever V. New Jersey Manufacturers

By on January 20, 2015 in Exclusive Remedy with 0 Comments

There has been a great deal of controversy about respondent’s lien rights in motor vehicle accident cases since the unreported ruling in Dever v. New Jersey Mfrs. Ins. Co., No. A-3102-11T2 (App. Div. October 23, 2013).  In one decision from last summer, an Atlantic City Superior Court Judge rejected the application of the Dever rule […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Division Affirms Large Award to Airline Employee

By on January 12, 2015 in Permanent Disability with 1 Comment
Appellate Division Affirms Large Award to Airline Employee

It is very difficult to appeal a Judge of Compensation on the level of permanency awarded following trial.  That lesson can be seen in Huesser v. United Airlines, A-5959-12T3, (App. Div. July 14, 2014). Elaine Huesser worked as a flight attendant for United Airlines since 1998.  She suffered her first injury on September 28, 2005 […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Comp Insurers Remain Concerned over the Expiration of the Terrorism Risk Insurance Act (TRIA)

By on January 7, 2015 in Legal Updates with 0 Comments

We live in a world where terrorism unfortunately poses genuine insurance risks. The Terrorism Risk Insurance Act (TRIA) was passed by President George W. Bush on November 26, 2002 to establish a backstop for insurance claims arising from acts of terrorism.  This coverage includes workers’ compensation claims.  Before September 11, 2001, insurance companies generally did not […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

By on December 18, 2014 in Independent Contractor with 0 Comments
Appellate Division Finds That Horse Trainer Was An Independent Contractor, Not Employee Of The Horse Owner

Under the New Jersey Workers’ Compensation Act, the independent contractor defense is seldom successful, but one area where the defense is still viable is in the horse racing industry as seen in the recent decision of Perry v. Robert Horowitz Stable, A-3845-12T2 (App. Div. December 9, 2014). Randolph Perry was a licensed horse owner and […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Court Orders Home Modifications to Be Paid by Comp Carrier but Reverses Court Order on Home Elevator

By on December 9, 2014 in Uncategorized with 2 Comments

There are few Appellate Division cases dealing with the requirements on an employer/carrier with respect to home modifications when an employee has suffered catastrophic injuries. For this reason, the decision in Loeber v. Fair Lawn Board of Education, A-1990-13T1 (App. Div. December 5, 2014) is important for practitioners in New Jersey. Mr. Loeber was injured […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Division Rejects Strict Application of One-Year Rule on Dismissals For Lack of Prosecution

By on December 1, 2014 in Statute of Limitations with 0 Comments

Workers’ compensation practitioners are very familiar with N.J.S.A. 34:15-54, which is the provision that allows a case to be dismissed for lack of prosecution, allowing the claimant one year to reinstate the case for good cause shown.  But the one-year period in the statute may not be as rigid as practitioners thought in light of […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Geaney’s 2015 Workers’ Comp Manual Highlights

By on November 21, 2014 in News with 0 Comments

The 2015 Manual is a compilation of prior editions with particular emphasis on cases decided in 2013-2014 as well as the addition of important chapters for practitioners of workers’ compensation. Several Supreme Court decisions and numerous appellate division decisions are analyzed in this edition. Some of the 2015 Edition highlights are as follows: New chapter […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Third Circuit Court Holds Employer May Have Violated Law against Discrimination in Firing Long-Time Employee

By on November 14, 2014 in Discrimination with 0 Comments

Segundo Rojas worked 28 years for Acuity Brands Lighting, Inc.  In June 2011, Rojas was approved to leave work for a vacation to Ecuador set to last from June 27 to July 12, 2011.  However, he became ill in Ecuador from diverticulitis and did not return until September 12, 2011. Rojas claimed that he was […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Third Circuit Finds Employer May Have Interfered with FMLA Rights by Not Allowing Employee with Doctor’s Clearance to Return to Work

By on November 6, 2014 in FMLA with 0 Comments
Third Circuit Finds Employer May Have Interfered with FMLA Rights by Not Allowing Employee with Doctor’s Clearance to Return to Work

The case of Budhun v. Reading Hospital and Medical Center, 765 F.3d 245 (3d Cir. 2014) shows how complex return-to-work issues can be under FMLA.  The plaintiff in that case, Vanessa Budhun, worked as a credential assistant for Reading Hospital.  About sixty five percent of her job required typing.  Budhun took about four weeks of […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Top