A Capehart Scatchard Blog

New Jersey Division of Workers’ Comp Has Its First Woman and Hispanic Director

By on September 28, 2022 in Other with 0 Comments

Few readers of this blog may know that the New Jersey Division of Workers’ Compensation achieved a number of notable firsts this year with the appointment of the Honorable Maria Del Valle Koch as Director of the Division in June 2022.  Director Koch is the first woman Director and the first Hispanic Director in the […]

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

By on August 29, 2022 in Practical Advice with 0 Comments

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 Costs and Legal Fees Are Deducted From the Lien of the Employer or Carrier?

By on August 24, 2022 in Counsel Fees with 0 Comments

One recurring question which adjusters and practitioners are often asked is this:   in computing the workers’ compensation lien, does the employee get to reduce the employer’s lien by the amount the injured worker had to pay for costs and expenses in the third party action? Further, does the employee get to reduce the employer or […]

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Kids’ Chance of New Jersey Needs Your Help in Fundraising Raffle for Students

By on August 10, 2022 in Other with 0 Comments
Kids’ Chance of New Jersey Needs Your Help in Fundraising Raffle for Students

On behalf of Capehart Scatchard and Kids’ Chance of New Jersey, I want to thank all of you who have been supporting KCNJ over the past several years.  We deeply appreciate all your assistance in helping KCNJ accomplish its mission of providing college scholarships to children whose parents have been seriously injured or killed in […]

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A Practitioner’s Glossary of New Jersey Workers’ Compensation Shorthand

By on July 27, 2022 in Practical Advice with 0 Comments

Practical Advice in New Jersey Workers’ Compensation A reader reached out asking about the terms and abbreviations often used in the workers’ compensation practice. Below is a glossary of these abbreviations and phrases often used (listed generally in the order in which they may appear as a case progresses). “CP” – Claim Petition:  This pleading […]

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Guidance on Recording Defense Medical Examinations and Having Non-parties Present

By on July 18, 2022 in Workers' Comp Basics with 0 Comments

One of the most nettlesome questions in New Jersey workers’ compensation is whether a non-party can attend an IME and whether a petitioner or a physician can record a medical examination without the other party’s consent and use it at trial.  It is important to observe that the New Jersey Workers’ Compensation Act provides very […]

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Appellate Division Reverses Judge of Compensation’s Decision That Employment Separation Agreement Constituted a Payment for a Disputed Workers’ Compensation Claim

By on July 15, 2022 in Court Rulings with 0 Comments

The case of Donald Servais v. Ocean Wholesale Nursery, LLC., A-2988-20, (App. Div. July 14, 2022) presents an unusual legal issue in workers’ compensation.  The case involved a dispute about an employment separation agreement and whether that agreement could have been construed to constitute a payment of workers’ compensation benefits, thereby tolling the statute of […]

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Section 20 Settlements Versus Orders Approving Settlement

Practical Advice in New Jersey Workers’ Compensation Our clients often ask great questions regarding settlements in New Jersey workers’ compensation, particularly regarding the two types of settlements (Orders Approving Settlement, and Section 20/full and final), and the differences between them.  This post provides examples of scenarios where an argument can be made for a Section […]

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Coverage Issues and General Contractor/Subcontractor Allegations

Coverage Issues in Workers’ Compensation A common issue arises where an employee works for an employer who does not maintain proper workers’ compensation coverage and alleges that there is a general contractor with coverage from whom they will seek benefits. As noted in our recent article, https://njworkerscompblog.com/how-to-properly-cancel-a-workers-compensation-policy/, claims that are denied for lack of coverage […]

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Appellate Division Endorses a Penalty Assessed by the Judge of Compensation for Late Payment of a Permanency Order but Not for Respondent’s Delays Prior to Date of Settlement

By on June 6, 2022 in Court Rulings with 0 Comments

There are few cases in the Division that discuss penalties for late payments of permanency awards, so the recently published Appellate Division decision in Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022) should be studied by workers’ compensation practitioners. The Ripp case was not about delayed temporary disability benefits, which are […]

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Advice to Employers in Dealing With Dependency Issues, Dependency Benefits, and Lifetime Benefits

By on June 2, 2022 in Practical Advice with 0 Comments

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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How to Properly Cancel a Workers’ Compensation Policy

How to Properly Cancel a Workers’ Compensation Policy

Coverage Issues in Workers’ Compensation Often cases are referred to this insurance defense attorney where the policy was cancelled prior to the alleged date of loss. The claimant-petitioner has retained an attorney and has filed a Claim Petition in the Division of Workers’ Compensation. The petitioner’s counsel has reviewed the New Jersey Compensation Rating and […]

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What Does The Rebuttable Presumption Mean In A COVID-19 Claim?

By on May 5, 2022 in Claims 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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Advice To Employers In Dealing With Complex TTD Scenarios

By on April 28, 2022 in Practical Advice with 1 Comment

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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Proposed PTSD First Responder Bill A2886 Raises Questions

NJ Workers’ Comp Legislative Update The New Jersey Assembly recently introduced legislation, A2886, which would provide employment protections for paid first responders diagnosed with work-related post-traumatic stress disorder.  The bill states as follows: An employer shall not discharge, harass, or otherwise discriminate or retaliate or threaten to discharge, harass, or otherwise discriminate or retaliate against […]

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