A Capehart Scatchard Blog

Coverage Issues and General Contractor/Subcontractor Allegations

Coverage Issues in Workers’ Compensation A common issue arises where an employee works for an employer who does not maintain proper workers’ compensation coverage and alleges that there is a general contractor with coverage from whom they will seek benefits. As noted in our recent article, https://njworkerscompblog.com/how-to-properly-cancel-a-workers-compensation-policy/, claims that are denied for lack of coverage […]

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Appellate Division Endorses a Penalty Assessed by the Judge of Compensation for Late Payment of a Permanency Order but Not for Respondent’s Delays Prior to Date of Settlement

There are few cases in the Division that discuss penalties for late payments of permanency awards, so the recently published Appellate Division decision in Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022) should be studied by workers’ compensation practitioners. The Ripp case was not about delayed temporary disability benefits, which are […]

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Advice to Employers in Dealing With Dependency Issues, Dependency Benefits, and Lifetime Benefits

Practical Advice in New Jersey Workers’ Compensation What happens if an employee dies during the pendency of the open and ongoing workers’ compensation claim? The answer to this depends on a few factors. The first consideration is when the petitioner died (during treatment/ before permanency exams, after permanency exams, or after an Order Approving Settlement […]

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How to Properly Cancel a Workers’ Compensation Policy

How to Properly Cancel a Workers’ Compensation Policy

Coverage Issues in Workers’ Compensation Often cases are referred to this insurance defense attorney where the policy was cancelled prior to the alleged date of loss. The claimant-petitioner has retained an attorney and has filed a Claim Petition in the Division of Workers’ Compensation. The petitioner’s counsel has reviewed the New Jersey Compensation Rating and […]

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What Does The Rebuttable Presumption Mean In A COVID-19 Claim?

By on May 5, 2022 in Claims, NJ Workers' Comp with 0 Comments

The concept of legal presumptions in workers’ compensation is not new in New Jersey.  The first presumption legislation in New Jersey was passed in 1964 concerning volunteer firefighters who contract respiratory disease in certain circumstances. The second presumption legislation was passed in 1988 in regarding to firefighters with cardiovascular or cerebrovascular injuries or death in […]

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Advice To Employers In Dealing With Complex TTD Scenarios

Practical Advice in New Jersey Workers’ Compensation The general rule is that an injured worker is entitled to TTD for the time frame that the authorized treating doctor placed the employee out of work. Pursuant to Monaco v. Albert Maund, Inc., 17 N.J.  Super. 425 (App. Div.), 21 N.J. Super. 443 (App. Div. 1952), generally, […]

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Proposed PTSD First Responder Bill A2886 Raises Questions

NJ Workers’ Comp Legislative Update The New Jersey Assembly recently introduced legislation, A2886, which would provide employment protections for paid first responders diagnosed with work-related post-traumatic stress disorder.  The bill states as follows: An employer shall not discharge, harass, or otherwise discriminate or retaliate or threaten to discharge, harass, or otherwise discriminate or retaliate against […]

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Book Review Of “Workers’ Compensation Emerging Issues Analysis”

By on April 7, 2022 in NJ Workers' Comp, Other with 0 Comments

For those readers who are interested in learning about current issues in workers’ compensation, I highly recommend the 2021 LexisNexis book entitled “Workers Compensation Emerging Issues Analysis.”  I was asked to review this book and found it to be chock full of cutting-edge articles written for attorneys, employers, physicians, adjusters, carriers and third party administrators. […]

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Proposed Cannabis Bill A3511 Raises Serious Legal Issues

NJ Workers’ Comp Legislative Update The New Jersey Assembly recently introduced legislation, A3511, which would force every workers’ compensation, PIP and health insurance carrier writing insurance in New Jersey to provide coverage for medical cannabis. This legislation overreaches into the contractual bargaining between consumers and insurance companies and will no doubt drive premium costs higher. […]

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FCE Supported County’s Decision To Terminate Employee Following Workers’ Comp Injury

Functional capacity examinations (FCEs) can be very useful in determining the ability of a worker to perform essential job functions by removing the guesswork and instead providing accurate data on an employee’s physical abilities. In The Matter of Thalia Tretsis Middlesex County, Sheriff’s Office, No. A-3682-19 (App. Div. February 15, 2022) provides some important guidance […]

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Superior Court Could Not Compel A Plaintiff Who Filed In Civil Court To Also File A Claim Petition In The Division of Workers’ Compensation

By on February 24, 2022 in Court Rulings, NJ Workers' Comp with 0 Comments

The case of Brian Smith v. Township of South Hackensack, No. A-3258-20 (App. Div. February 18, 2022), addressed an unusual procedural question seldom, if ever, seen before.  The Appellate Division decision provides hardly any factual background at all other than this brief summary:  “Plaintiff, a volunteer firefighter, was struck by a South Hackensack fire truck […]

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Understanding The Deviation From Employment Defense

By on February 16, 2022 in Compensability, NJ Workers' Comp with 0 Comments

Workers’ compensation practitioners have all heard of the defense of deviation from employment.  But where does the defense come from?  The New Jersey Workers’ Compensation Act has well over 100 sections to it, but nowhere will you find any reference to the defense of deviation from employment.  Yet the defense does exist.  We know that […]

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New Jersey Supreme Court Finds Parking Lot Accident Compensable

On January 18, 2022, the New Jersey Supreme Court concluded round three of Diane Lapsley v. Township of Sparta, a case that dates back to February 3, 2014.  On that date Mrs. Lapsley, a librarian for the Township, left work early when the Township closed the library due to a snowfall.  Her husband picked her […]

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Key New Jersey Legislation In 2022: Expansion Of Compensability Of Parking Lot Injuries And Resumption Of Public Health Emergency

By on January 13, 2022 in Legislation, NJ Workers' Comp with 1 Comment

In the first few days of 2022, two major legislative developments have significantly impacted workers’ compensation law.  The legislation effectively repealing the Supreme Court decision in Hersh v. County of Morris, 217 N.J. 236 (2014) will have a long-term impact on workers’ compensation in New Jersey; the resumption of the public health emergency will likely […]

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New Jersey Workers’ Compensation Benefit Rates Are Skyrocketing

By on December 23, 2021 in Awards, NJ Workers' Comp with 0 Comments

It is not widely known but the new 2022 workers’ compensation benefit rates are 10% higher than those in 2021! Yes, you read that correctly – 10% higher than in 2021.  That is the highest jump in benefit rates since the early 1980s. The annual percentage increase in maximum and minimum benefits from 1990 to […]

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