A Capehart Scatchard Blog

Tag: COVID-19

A Guide to Interrogatories and Their Importance in the Workers’ Compensation Practice

Practical Advice in New Jersey Workers’ Compensation Under N.J.A.C. 12:235-3.8, interrogatories are allowed in the following types of cases without motion (meaning, neither party is required to file a Motion for Leave to Serve Interrogatories with the Court): dependency cases (See N.J.A.C. 12:235-3.8(a)), re-opener cases (See N.J.A.C. 12:235-3.8(d)), and occupational exposure cases  (See N.J.A.C. 12:235-3.8(f); […]

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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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Practical Advice In Defending COVID-19 Claim Petitions

Many claim petitions have been filed in the Division of Workers’ Compensation seeking awards of permanent partial and total disability as well as dependency benefits arising from exposure to COVID-19.  The high number of COVID claim petitions reflects the fact that well over 1.2 million cases have been confirmed as COVID positive in New Jersey, […]

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Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation

By on December 28, 2020 in NJ Workers' Comp, Other with 2 Comments

As the Moderna and Pfizer COVID-19 vaccines begin to be administered to the population in the United States, many clients have asked whether an adverse reaction to the COVID-19 vaccine would be considered compensable if the employer were to offer a voluntary vaccination program at some time in the future.  Many employers currently offer such […]

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The Essential Workers Legislation In New Jersey: What It Means and What It Does Not Mean

By on September 16, 2020 in Legislation, NJ Workers' Comp with 0 Comments

On Monday, September 14, 2020, New Jersey Governor Phil Murphy signed S2380 dealing with COVID-19 and essential workers in respect to workers’ compensation benefits.  The bill was signed on the very last day before the bill would have automatically become law.  It is important to consider what this bill does and what it does not […]

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Update On Essential Workers And Hand And Foot Bills

By on September 11, 2020 in Legislation, NJ Workers' Comp with 6 Comments

Many readers have asked about the status of two very significant bills affecting New Jersey workers’ compensation practice.  They are S2380 and A4134. S2380 – The Essential Employees Bill We are down to the wire on S2380.  The Governor has until September 13, 2020 either to sign this bill or veto it; otherwise, S2380 will […]

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Governor Signs COVID-19 Accidental Disability Pension Law

A3945 was signed into law on July 1, 2020 by New Jersey Governor Phil Murphy.  The law provides for both an accidental disability pension for an eligible member who becomes totally disabled from COVID-19 as well as a death benefit for eligible beneficiaries if the covered member should die from COVID-19.   This new pension […]

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Gathering Information to Make Decisions on Compensability of COVID-19 Cases

Employers, third party administrators and insurance carriers have for months been expending a great deal of time collecting information needed to make compensability decisions in respect to COVID-19 claims.  There are many important questions to be asked in making such decisions.  This blog focuses not so much on specific questions but on areas of inquiry. […]

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Are There Workers’ Compensation And Employment Consequences For Failure To Use Protective Devices Required Under COVID-19 Policies?

By on May 4, 2020 in NJ Workers' Comp, Other with 1 Comment

I had a recent discussion in relation to an upcoming COVID-19 webinar with former Supervising Judge of Compensation, Ray. A. Farrington, who sat in Hackensack, N.J. Judge Farrington raised an important question about what employers can do when employees ignore safety rules concerning COVID-19 in respect to both workers’ compensation and employment law. Suppose an […]

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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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