A Capehart Scatchard Blog

Tag: Disability

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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The Crucial Difference Between Impairment And Disability In Workers’ Compensation

Understanding the difference between “impairment” and “disability” is important in properly reserving files and in defending workers’ compensation cases. Many people use the terms synonymously, but there is an important legal distinction. An impairment refers to a problem with the structure or organ of the body. Disability focuses on the functional limitations that are caused by the […]

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Petitioner Failed To Show Her Worsened Disability On Reopener Related Back to Her 1999 Work-Related Motor Vehicle Accident with Sprint PCS

By on July 3, 2019 in Claims, NJ Workers' Comp with 0 Comments

Reopener petitions abound in New Jersey, but seldom does an injured worker seek on reopener to move an award of 30% permanent partial disability to total and permanent disability benefits.  That was the issue in Camarena v. Sprint PCS, A-2205-17T2 (App. Div. June 24, 2019).  Ms. Camarena obtained an award of 30% permanent partial disability […]

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Report of Plaintiff’s Personal Doctor Undercuts Her ADA Claim for Discrimination in Post-Offer Exam

By on November 16, 2017 in ADA, NJ Workers' Comp with 0 Comments
Report of Plaintiff’s Personal Doctor Undercuts Her ADA Claim for Discrimination in Post-Offer Exam

On July 26, 2012, Stephanie Nichols applied for a job as a Senior Radiology Technologist with OhioHealth Corp at the Riverside Breast Health Center.  She had worked in similar positions for over 30 years.  Nichols received the job offer contingent on passing a medical examination.  In the health assessment form that Nichols completed, she was […]

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EEOC Guidelines on Unpaid Leave Complicate Matters for Employers

By on August 30, 2016 in EEOC, NJ Workers' Comp with 0 Comments

The new EEOC Guidance issued on May 9, 2016 upsets many of the assumptions employers routinely make in regard to leaves of absence.  The EEOC states, “An employer must consider providing unpaid leave to an employee with a disability as a reasonable accommodation if the employee requires it, and so long as it does not […]

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Court Finds That Severe Neck Pathology Was Not Due To Occupational Activities But Rather To The Natural Aging Process

Lois Scafuri filed three workers’ compensation claims alleging occupational exposures as a sales assistant caused her severe neck pathology.  She worked at the Short Hills Mall for two employers: Sisley Cosmetics and Neiman Marcus Group.  She later worked for Bloomingdale’s/Macy’s in the same capacity.  All three employers denied her claims asserting that her neck pathology […]

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Part-Time Worker Receives Total Disability Award And Reconstructed Wage

By on October 11, 2011 in NJ Workers' Comp, Uncategorized with 1 Comment

Rommel Calle worked part-time for DaJana Industries from November 2004 to March 2005.  During the other months of the year he did work as a laborer for several other employers.  On March 8, 2005 Calle injured his back when he fell while pulling a hand truck loaded with 50 bags, each bag weighing about 50 […]

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