A Capehart Scatchard Blog

Archive for June, 2020

Gathering Information to Make Decisions on Compensability of COVID-19 Cases

Employers, third party administrators and insurance carriers have for months been expending a great deal of time collecting information needed to make compensability decisions in respect to COVID-19 claims.  There are many important questions to be asked in making such decisions.  This blog focuses not so much on specific questions but on areas of inquiry. […]

Continue Reading »

Appellate Court Allows Employee To Reopen Terms Of A Consent Settlement To Reconstruct Wages

By on June 12, 2020 in NJ Workers' Comp, Settlements with 0 Comments

A recent unpublished case poses an unusual question:  can a party to a consent settlement for a percentage of disability award reopen the case to dispute the rate that was agreed to in the settlement?  The case is Calero v. Target Corporation, A-2650-18T3 (App. Div. June 10, 2020).    Ms. Calero and Target Corporation agreed […]

Continue Reading »

Appellate Division Rejects Argument That Employee Was On A Special Mission And Was Compelled To Report To A Training Meeting

A key doctrine in the law known as “respondeat superior” provides that an employer is responsible for the acts of its employees performed within the course of their employment.  Whether that doctrine applied to an employee who had a motor vehicle accident after being summoned to a training meeting was the issue in Samol v. […]

Continue Reading »

Top