A Capehart Scatchard Blog

Archive for November, 2015

Employee Who Came to Work Solely to Pick up His Paycheck Was Not Covered for Comp When He Fell on Premises

By on November 30, 2015 in Compensability, NJ Workers' Comp with 1 Comment

Robert Miller worked as customer service and bookkeeping associate at Saker Shoprite from 4:00 p.m. to 11:00 p.m.  On January 29, 2010, Miller came to work to pick up his paycheck at 10:00 a.m.  The store allowed employees to do direct deposit or to pick up their paychecks in person.  While he went in to […]

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Appellate Division Allows Petitioner with Total Disability Award to Reopen a Prior Claim for Partial Total Disability

By on November 23, 2015 in NJ Workers' Comp, Uncategorized with 0 Comments

Employers often find New Jersey to be a very frustrating state for workers’ compensation because it is very difficult to close a file for good, unless the parties have grounds for a Section 20 disposition and the proposed Section 20 meets with the approval of the Judge of Compensation.  Now those employers will have added […]

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Barnabas Health System Wins Coveted “Teddy” Award at National Workers’ Compensation Convention in Las Vegas

By on November 16, 2015 in NJ Workers' Comp, Uncategorized with 0 Comments

The signature workers’ compensation event in the United States takes place each year at the National Workers’ Compensation and Disability Conference and Exposition in Las Vegas, Nevada.  The highlight of the conference is the presentation of the “Teddy” award to a select few companies, chosen from hundreds of applicants, for outstanding achievement in workers’ compensation. […]

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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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Employer Did Not Have a Job Related Reason to Compel Fitness for Duty Examination

By on November 5, 2015 in ADA, NJ Workers' Comp with 0 Comments

One of the challenges for employers is determining when a fitness-for-duty examination can be required and when it cannot be.  This issue sometimes flows from a workers’ compensation case following a long period of absence but also emerges in other situations unrelated to workers’ compensation. In Margaret Wright v. Illinois Department of Children and Family […]

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