A Capehart Scatchard Blog

Workers’ Comp Basics

What Past Medical History Is Most Important In Orthopedic Claims in Workers’ Comp?

The New Jersey workers’ compensation system has one glaring drawback for employers, namely the absence of any formal discovery in traumatic injury cases.  There are no standard interrogatories in traumatic claims and no depositions.   The consequence of this is that claims sometimes get passed through workers’ compensation that really involve long-standing and preexisting conditions which […]

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The Concept of “Work Connected” in New Jersey Workers’ Compensation

Employers are responsible for “accidents arising out of employment” under most state workers’ compensation laws.  What does this language really mean?  The easiest way to interpret this language is to consider whether the accident has a genuine connection to work or just happens to occur at work. Take for example someone who is sitting at […]

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Maximizing Defense IMEs in New Jersey Workers’ Compensation

An independent medical examination can be requested at any reasonable time and place in the state for a variety of reasons: there may be an issue of causation, ability to work, second opinion on surgery, need for further treatment, or assessment of permanent partial disability.  No matter what the purpose of the examination is, a […]

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Veterans Administration/Tricare Subrogation Rights – Issues in Workers’ Compensation Practice Requiring a Proactive Approach

By:  Alfred Vitarelli, Esq., Shareholder, Stark & Stark Yes, it’s me again with yet another nightmare-inducing minefield to trap the unwary practitioner. Well, perhaps that’s an extreme analogy. But since we are dealing with Department of Defense-based health coverage, I believe a military-themed introduction is a necessity. Ok, I’ve got it: think of these liens […]

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Reckless Prank By Co-Employee Does Not Permit Victim To Pursue Civil Suit

Readers of this blog know that it is extremely difficult for an employee to sue his or her employer or co-employee in civil court.  That was proven again in Johns v. Wengerter, A-2053-17T1 (App. Div. April 1, 2019). Johns, a City of Linden firefighter, was on duty at the firehouse on November 27, 2015.  He […]

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Injuries Post Job Termination

What happens if an employer terminates the employment of a worker, who then has an accident before leaving the work premises?  Is there workers’ compensation coverage? Does it make a difference if the employee quits as opposed to being fired and then has the injury on premises while leaving?  Does the moment of job termination […]

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Section Twenty Settlements and Subrogation Rights

Section 20 settlements are not technically payments of workers’ compensation benefits except for insurance rating purposes.  These settlements are popular with employers because the file can be closed for good with no potential for a reopener claim.  In many states, the Section 20 settlement is called a full and final settlement.  But does a Section […]

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Basic Principles to Consider In Appeals from the Division of Workers’ Compensation

In every workers’ compensation trial both parties believe passionately in their position, but in the end, one party will prevail and one will lose.  Inevitably, the losing party will have to consider whether to file an appeal.  It is important to understand the appellate process, particularly the types of cases that stand a good chance […]

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Full Salary Provisions Under New Jersey Workers’ Compensation

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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The Two Minimum Rates in New Jersey Workers’ Compensation

Everyone knows that New Jersey has a minimum rate for temporary disability benefits, but it is not as widely understood that New Jersey also has a minimum rate for permanency.  In 2018 the minimum rate for temporary disability benefits is $241 per week.  But the minimum rate for permanency remains $35 per week, as it […]

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Legislative Changes to New Jersey Workers’ Compensation

On August 24, 2018, Governor Murphy signed a bill that for all practical purposes ends the right of employers to make bona fide offers of permanent partial disability free of counsel fees.  The statute that enabled employers to make bona fide offers within 26 weeks of maximal medical improvement, or return to work, whichever is […]

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Liability Carrier’s Exclusion of Coverage for Workers’ Compensation Injuries Applies to Section 79 General Contractor Determinations of Employment

New Jersey has a sensible provision that protects employees of subcontractors who are injured on construction jobs.  If an employee of a subcontractor is injured on a job, and the subcontractor has no workers’ compensation insurance, the injured employee becomes covered by the general contractor’s workers’ compensation policy.  But what if the injured employee instead […]

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The Importance of Subsequent Treatment Notes and Records in Workers’ Comp

The Importance of Subsequent Treatment Notes and Records in Workers’ Comp

I have written many times about the fact that success for employers in workers’ compensation most often comes down to past medical history and causation analysis.  This is particularly true in a state like New Jersey where there is virtually no formal discovery allowed.  Employers need to know in a back claim, for example, whether […]

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