A Capehart Scatchard Blog

Archive for December, 2011

Facebook – Ushering in a New Era of Discovery?

By on December 20, 2011 in NJ Workers' Comp, Uncategorized with 0 Comments

As the world in which we live continues to become more technologically advanced, it should come as no surprise that this advancement is having effects on many areas of the law.  Attorneys and clients are beginning to see the interplay between social networking sites, such as Facebook, and the law, as these social platforms are […]

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Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim

By on December 15, 2011 in Compensability, NJ Workers' Comp with 0 Comments

Plaintiffs’ counsel continue to assault the citadel that is the exclusive remedy defense in the New Jersey Workers’ Compensation Act.  Once again a New Jersey court has held that no intentional harm was proven. Craig Kane worked for the County of Burlington as an HVAC mechanic.  He also owned his own mechanical business.  He was asked […]

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Can An Employer Defeat An Asbestos-Related Cancer Claim Based On The Statute Of Limitations?

By on December 5, 2011 in Key Defenses, NJ Workers' Comp with 0 Comments

The answer to this question, at least in New Jersey, is a resounding yes, if you have the right facts.  In Russo v. Hoboken Board of Education, A-1861-10T4 (App. Div. November 29, 2011), the petitioner filed a claim petition on February 24, 2004.  He alleged that pulmonary injuries caused by asbestos exposure principally between 1990 […]

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