A Capehart Scatchard Blog

Tag: compensability

Private Sector EMTs and Paramedics Are Now Covered Under New Legislation Signed by New Jersey Governor Creating a High Rebuttable Presumption in Favor of Compensability of Strokes or Heart Attacks

By on January 26, 2024 in Legislation with 0 Comments
Private Sector EMTs and Paramedics Are Now Covered Under New Legislation Signed by New Jersey Governor Creating a High Rebuttable Presumption in Favor of Compensability of Strokes or Heart Attacks

The recent passage of A5909 has generated many questions from hospitals and private sector ambulance companies which provide EMT and paramedic services.  The questions focus on the recently passed legislative overhaul of N.J.S.A. 34:15.7.3.  That original 1988 law is entitled, “Cardiovascular or cerebrovascular injury or death of police, fire or emergency personnel in response to […]

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Appellate Division Finds Accident in Pennsylvania Compensable As Petitioner Had Resumed Drive to Customer Location in New Jersey

By on November 6, 2023 in Compensability, NJ Workers' Comp with 0 Comments

Petitioner Mario Pozadas was injured on October 14, 2016.  He was the owner of the respondent Capital Iron Associates, LLC., which specialized in fabricating and installing welding materials.  Earlier in the day he was working on a home renovation project taking place in Hightstown, New Jersey.  Mr. Pozadas drove a flatbed truck carrying several workers […]

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Worker Who Became Unconscious While Working Could Not Prove Subsequent Physical Injuries Were Work Related

By on October 9, 2023 in Compensability, NJ Workers' Comp with 0 Comments

The recent decision in Sykes v. George Harms Construction Company, Inc., No. A-3320-20 (App. Div. September 28, 2023) addresses an unusual claim involving a worker who was found passed out on the job while operating an excavator.  The petitioner filed a motion for medical and temporary disability benefits seeking an MRI of the neck, low […]

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Explosion in Employee’s Personal Vehicle Held Compensable Based on Special Mission

By on December 6, 2022 in Compensability, NJ Workers' Comp with 0 Comments

One of the most interesting workers’ compensation cases in a long time is Van Sciver v. Jersey Mechanical Contractors, Inc., No. A-3525-20 (App. Div. November 15, 2022).  There are layers of legal issues in this case, which involved a very serious accident injuring Mr. Van Sciver when a tank filled with acetylene gas exploded. Mr. […]

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A Practitioner’s Guide to “Arising Out of Employment and Occurring In the Course of Employment”

Practical Advice in New Jersey Workers’ Compensation Practitioners and employers will often hear the phrase, “arising out of and in the scope of (or course of) employment.” This phrase encompasses two separate concepts: 1. Occurring in the course of employment, which refers to when the injury occurred and if it occurred at work; and 2. […]

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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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Enhanced Legal Presumptions Do Not Make Sense For Pandemic-Related Claims

By on April 27, 2020 in Legislation, NJ Workers' Comp with 0 Comments

Proposed Senate Bill 2380 sponsored by New Jersey Senate President Stephen Sweeney seeks to create a new legal presumption of compensability for “essential employees,” including public safety workers and virtually all health care workers who file COVID-19 workers’ compensation claims.  This proposed presumption would require the Judge of Compensation to presume that any COVID-19 claim […]

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