A Capehart Scatchard Blog

Tag: Section 20

Can A Dependent Settle A Dependency Claim By Section 20 And Then Sue The Uninsured Employer?

By on August 23, 2019 in Claims, NJ Workers' Comp with 0 Comments

The case of Kaur v. Garden State Fuels, Inc., A-2135-17T1 (App. Div. April 12, 2019) presents some interesting legal issues.  The facts begin with the tragic death of Surinder Singh, who was shot and killed during the course of his employment at Woodbury Gulf LLC.  In 2014 Singh’s widow, Kirandeep Kaur, filed a dependency claim […]

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CMS May Soon Adopt New And More Strict Guidelines On Approving Zero Allocation Medicare Set Asides

By on October 31, 2016 in Medicare, NJ Workers' Comp with 0 Comments

A number of prominent Medicare experts disseminated Legal Alerts last week to the effect that changes may be occurring with respect to the requirements for CMS to approve zero allocations.  These changes would spell bad news in New Jersey for employers who want to settle disputed cases on a Section 20 basis.  According to Martin […]

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Section 20 Settlement Versus Order Approving Settlement

Every New Jersey workers’ compensation practitioner must evaluate the benefits of a Section 20, (which is a lump sum full and final payment), versus an order approving settlement, (which involves an award of a percentage of disability under Section 22).  About twice as many cases settle under orders approving settlement in New Jersey than under […]

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