A Capehart Scatchard Blog

Tag: McNeil v. Township of South Brunswick Police

Understanding Idiopathic Claims and How to Prove the Defense

By on November 10, 2015 in Key Defenses, NJ Workers' Comp with 1 Comment

The term “idiopathic defense” is widely misunderstood.  Practitioners need to appreciate when the defense applies and who has the burden of proving an idiopathic defense.  In New Jersey, and in most states, the burden is on the employer to prove an idiopathic defense.  The word “idiopathic” comes from the Greek: “idios” meaning one’s own, and […]

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