Archive for October, 2017
Court Cannot Require Carrier to Pay Dependency Benefits Beyond 450 Weeks Even If Carrier Mistakenly Agreed to Pay Such Benefits at Time of Settlement
The case of Apperman v. Visiting Nurse Association of Westfield, A-5446-15T3 (App. Div. October 30, 2017) presented an unusual situation where a carrier agreed to pay benefits that exceeded its obligation under the statute. The case involved the tragic death of Phyllis Apperman who died in a motor vehicle accident in December 2003. The claim […]
When Are Drives To Physicians Covered Under Workers’ Compensation?
It is not uncommon for injured workers to suffer additional injuries due to car accidents on the way to a physician’s office or physical therapist’s office. So what are the rules in New Jersey on compensability? Q. Is the injured worker covered for workers’ compensation purposes in a car accident on the way to treatment? […]
Circuit Court of Appeals Rejects EEOC Position that a Long-Term Leave of Absence Can Constitute a Reasonable Accommodation under the ADA
The EEOC has provided guidance that in its view a fairly long leave of absence should be considered a reasonable accommodation even after FMLA leave has been exhausted. The Court in Severson v. Heartland Woodcraft, Inc., 33 AD Cases 1113, September 20, 2017 disagreed rather strongly with that view and did not follow EEOC advice. […]
Appellate Division Reverses Award of 47.5% for Unoperated Low Back Condition
Rarely does the Appellate Division reverse a Judge of Compensation when the only issue is the extent of permanent partial disability. The case of Van Artsdalen v. Fred M. Schiavone Construction, No. A-3392-15T1, 2017 N.J. Super. Unpub. LEXIS 2516 (Oct. 5, 2017) is that rare example. The petitioner, Mr. Van Artsdalen, was injured on January […]
Connect with Capehart Scatchard