A Capehart Scatchard Blog

Tag: Dependency Benefits

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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Court Cannot Require Carrier to Pay Dependency Benefits Beyond 450 Weeks Even If Carrier Mistakenly Agreed to Pay Such Benefits at Time of Settlement

By on October 31, 2017 in Benefits, NJ Workers' Comp with 0 Comments
Court Cannot Require Carrier to Pay Dependency Benefits Beyond 450 Weeks Even If Carrier Mistakenly Agreed to Pay Such Benefits at Time of Settlement

The case of Apperman v. Visiting Nurse Association of Westfield, A-5446-15T3 (App. Div. October 30, 2017) presented an unusual situation where a carrier agreed to pay benefits that exceeded its obligation under the statute.  The case involved the tragic death of Phyllis Apperman who died in a motor vehicle accident in December 2003. The claim […]

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Petitioner Failed To Prove Her Husband’s Death From Multiple Myeloma Was Related To Possible Benzene Exposure During A Five Year Period

By on October 13, 2014 in Key Defenses, NJ Workers' Comp with 0 Comments

Decedent, Gerald Hallquist, worked as a laboratory technician for E.I. Dupont de Nemours (hereinafter Dupont) from 1968 until his retirement in 1998.  Between 1977 and 1982, he worked in the quality control lab with liquid chemicals, including benzene.  He wore safety gloves and a uniform supplied by Dupont.  When working with certain chemicals, the decedent […]

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New Jersey Court Rejects Common Law Marriage as Basis for Dependency Benefits in Workers’ Comp Claim

By on March 28, 2014 in Key Defenses, NJ Workers' Comp with 1 Comment

Bobbie Kehoe and Scott Sunkimat began cohabiting in their home in Point Pleasant, New Jersey in 1999.  They made a life-long commitment to each other to spend their lives together but declined to marry.  They shared utility bills and bank accounts and both of their names were on the deed to their home.  Bobbie Kehoe […]

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Governor Christie Signs Law Providing Special Benefits to Spouses of Deceased Police and Fire Fighters

In a piece of special legislation, Governor Christopher Christie signed into law Senate, No. 1469, on June 13, 2013.  The bill pertains to dependency benefits for surviving spouses of certain fire and police personnel who die in the line of duty. Under current law in New Jersey, surviving spouses are entitled to dependency benefits of […]

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