A Capehart Scatchard Blog

Audience Quiz: Two New Jersey Comp Brain Teasers

By on April 20, 2018 in Other with 1 Comment

Today’s blog contains two interesting workers’ compensation quizzes, which were asked at the April 19, 2018 Millennium Seminar in Mt. Laurel, N.J.  We invite readers to email responses.  Next week the winning answers will be announced.

Question One:

Jane Friedman is a CPA for Best Accountants.  She left her office to visit a client one day.  On the way to the client another car sideswiped her vehicle, causing her serious bodily injuries.  Her employer’s workers’ compensation carrier paid $100,000 in workers’ compensation benefits.  Jane negotiated a third party settlement for the policy limit of $100,000 with the other driver’s carrier without hiring an attorney.

How much does the workers’ compensation carrier get back from the third party recovery?

Question Two:

Standard Oil has a large refinery in New Jersey with a full-time occupational physician on site.  One day Bill Bryson, a laborer, sees the company physician, Dr. Fortunato, for treatment of a work-related foot injury.  Dr. Fortunato notices that the foot appears red and swollen and gives Bill anti-inflammatories.  He tells Bill to come back in three days.  Two days later Bill is rushed to the ER by his wife with a diagnosis of necrotizing fasciitis or “flesh eating disease.”  To save his life the hospital has to amputate his foot.

Bryson files a civil law suit for medical malpractice against Dr. Fortunato.  What is Dr. Fortunato’s best defense to the civil law suit?


About the Author

About the Author:

John H. Geaney, a shareholder and co-chair of Capehart Scatchard's Workers' Compensation department, began an email newsletter entitled Currents in Workers’ Compensation, ADA and FMLA in 2001 in order to keep clients and readers informed on leading developments in these three areas of law. Since that time he has written over 500 newsletter updates.

Mr. Geaney is the author of Geaney’s New Jersey Workers’ Compensation Manual for Practitioners, Adjusters & Employers. The manual is distributed by the New Jersey Institute for Continuing Legal Education (NJICLE). He also authored an ADA and FMLA manual as distributed by NJICLE. If you are interested in purchasing the manual, please contact NJICLE at 732-214-8500 or visit their website at www.njicle.com.

Mr. Geaney represents employers in the defense of workers’ compensation, ADA and FMLA matters. He is a Fellow of the College of Workers’ Compensation Lawyers of the American Bar Association and is certified by the Supreme Court of New Jersey as a workers’ compensation law attorney. He is one of two firm representatives to the National Workers’ Compensation Defense Network. He has served on the Executive Committee of Capehart Scatchard for over ten (10) years.

A graduate of Holy Cross College summa cum laude, Mr. Geaney obtained his law degree from Boston College Law School. He has been named a “Super Lawyer” by his peers and Law and Politics. He serves as Vice President of the Friends of MEND, the fundraising arm of a local charitable organization devoted to promoting affordable housing.

Capehart Scatchard is a full service law firm with offices in Mt. Laurel and Trenton, New Jersey. The firm represents employers and businesses in a wide variety of areas, including workers’ compensation, civil litigation, labor, environmental, business, estates and governmental affairs.


There is 1 Brilliant Comment

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  1. Keith Epstein says:

    answer to questions
    1- workers comp carrier gets whole $100,000 as she did not use any lawyer to share with.

    2- Dr. Fortunato is an employee of the firm, so he is protected by that.

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