A Capehart Scatchard Blog

Archive for June, 2022

Section 20 Settlements Versus Orders Approving Settlement

Practical Advice in New Jersey Workers’ Compensation Our clients often ask great questions regarding settlements in New Jersey workers’ compensation, particularly regarding the two types of settlements (Orders Approving Settlement, and Section 20/full and final), and the differences between them.  This post provides examples of scenarios where an argument can be made for a Section […]

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Coverage Issues and General Contractor/Subcontractor Allegations

Coverage Issues in Workers’ Compensation A common issue arises where an employee works for an employer who does not maintain proper workers’ compensation coverage and alleges that there is a general contractor with coverage from whom they will seek benefits. As noted in our recent article, https://njworkerscompblog.com/how-to-properly-cancel-a-workers-compensation-policy/, claims that are denied for lack of coverage […]

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Appellate Division Endorses a Penalty Assessed by the Judge of Compensation for Late Payment of a Permanency Order but Not for Respondent’s Delays Prior to Date of Settlement

There are few cases in the Division that discuss penalties for late payments of permanency awards, so the recently published Appellate Division decision in Ripp v. County of Hudson, No. A-2972-20 (App. Div. June 3, 2022) should be studied by workers’ compensation practitioners. The Ripp case was not about delayed temporary disability benefits, which are […]

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Advice to Employers in Dealing With Dependency Issues, Dependency Benefits, and Lifetime Benefits

Practical Advice in New Jersey Workers’ Compensation What happens if an employee dies during the pendency of the open and ongoing workers’ compensation claim? The answer to this depends on a few factors. The first consideration is when the petitioner died (during treatment/ before permanency exams, after permanency exams, or after an Order Approving Settlement […]

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