A Capehart Scatchard Blog

Archive for April, 2018

Rules Regarding Future Payments Under Permanency Awards and Commutations

By on April 27, 2018 in Awards, NJ Workers' Comp with 0 Comments
Rules Regarding Future Payments Under Permanency Awards and Commutations

New Jersey adjusters sometimes ask why future benefits under an order approving settlement with a percentage of disability cannot be paid in a lump sum to the injured worker.  In other words, why is there a requirement that future payments be paid out over a period of many weeks or even many years? This question […]

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Audience Quiz: Two New Jersey Comp Brain Teasers

By on April 20, 2018 in NJ Workers' Comp, Other with 1 Comment
Audience Quiz:  Two New Jersey Comp Brain Teasers

Today’s blog contains two interesting workers’ compensation quizzes, which were asked at the April 19, 2018 Millennium Seminar in Mt. Laurel, N.J.  We invite readers to email responses.  Next week the winning answers will be announced. Question One: Jane Friedman is a CPA for Best Accountants.  She left her office to visit a client one […]

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Appellate Division Rejects Reopener of High Percentage Award

By on April 13, 2018 in Awards, NJ Workers' Comp with 0 Comments

New Jersey employers like reopener claims about as much as homeowners like back-to-back blizzards.  The general view is that employers have virtually no defenses and have to pay more with each reopener. The truth is that employers can win reopener cases where the petitioner’s expert cannot really prove the petitioner’s condition has worsened since the […]

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Employer May Have Violated Both The ADA and FMLA Regarding Plaintiff’s Knee Injury Arising Out Of His Employment

By on April 6, 2018 in NJ Workers' Comp, Policy with 0 Comments

Skilled practitioners know they must keep an eye on potential employment litigation stemming from workers’ compensation claims.  The case of Dallefeld v. The Clubs at River City, Inc., 2017 AD Cases 244151 (D. Illinois 2017) provides a good illustration. Jason Dallefeld was the Director of Membership Sales, providing tours, selling memberships, and making sure other […]

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