A Capehart Scatchard Blog

Archive for January, 2014

Eighteen-Foot Fall from Ladder Did Not Aggravate Preexisting Back Condition

By on January 31, 2014 in Key Defenses, NJ Workers' Comp with 0 Comments
Eighteen-Foot Fall from Ladder Did Not Aggravate Preexisting Back Condition

Remi Beausejour had problems with his lower back dating back to 2006, when he injured his back at work.  He had pain in his back, and down through his right leg.  An MRI showed degenerative disc disease and a disc herniation at L3-4 and L4-5 levels.  He also experienced radiculopathy at the time, and was […]

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Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim

By on January 23, 2014 in Compensability, NJ Workers' Comp with 0 Comments
Compensability Determination Comes Down to a Measurement in Harrah’s Premises Claim

The premises rule in New Jersey states that employees are covered when they are on property owned or controlled by the employer.  How far can this be stretched?  When a car accident occurs on a public street with only part of the car touching the employer’s premises, is an injury still covered under the New […]

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Employee Who Entered Drug Rehab Program Was Not Automatically Protected from Adverse Employment Action When He Left the Program Early

By on January 17, 2014 in ADA, NJ Workers' Comp with 0 Comments
Employee Who Entered Drug Rehab Program Was Not Automatically Protected from Adverse Employment Action When He Left the Program Early

Bryan Shirley worked for Wyman-Gordon Forgings, L.P. (“W-G”) as an operator of the largest extrusion press in the world.  Company policy required that any employee who should develop a problem with drugs or alcohol must confidentially inform the HR manager in order to pursue treatment.  Failure to comply with treatment could subject the employee to […]

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Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident

By on January 6, 2014 in Compensability, NJ Workers' Comp with 1 Comment
Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident

Saul Liebman was living alone after the recent death of his wife in September 2008.  At the time he was 81 years old.  His daughter made inquiries to find someone who could move into her father’s home and take care of him, including cooking meals and assisting in daily activities. Myroslava Kotsovska, a 59-year-old Ukrainian […]

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Employee Cannot Sue Fellow Employee Even If the Conduct Causing Injury Bordered on Criminal Negligence

By on January 2, 2014 in Compensability, NJ Workers' Comp with 0 Comments
Employee Cannot Sue Fellow Employee Even If the Conduct Causing Injury Bordered on Criminal Negligence

What if the conduct of an employee during the course of employment is found to be so reckless as to be potentially criminal? Does that permit an injured co-employee to sue his or her fellow employee in civil court for intentional harm?  That was the issue addressed in Morales v. Christopher S. Schneider, A-0862-12T4 (App. […]

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