A Capehart Scatchard Blog

Maura Burk, Esq.

Ms. Burk focuses her practice in the representation of employers, self-insured companies, and insurance carriers in workers’ compensation defense matters.

A Guide to Interrogatories and Their Importance in the Workers’ Compensation Practice

By on August 29, 2022 in Practical Advice with 0 Comments

Practical Advice in New Jersey Workers’ Compensation Under N.J.A.C. 12:235-3.8, interrogatories are allowed in the following types of cases without motion (meaning, neither party is required to file a Motion for Leave to Serve Interrogatories with the Court): dependency cases (See N.J.A.C. 12:235-3.8(a)), re-opener cases (See N.J.A.C. 12:235-3.8(d)), and occupational exposure cases  (See N.J.A.C. 12:235-3.8(f); […]

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A Practitioner’s Glossary of New Jersey Workers’ Compensation Shorthand

By on July 27, 2022 in Practical Advice with 0 Comments

Practical Advice in New Jersey Workers’ Compensation A reader reached out asking about the terms and abbreviations often used in the workers’ compensation practice. Below is a glossary of these abbreviations and phrases often used (listed generally in the order in which they may appear as a case progresses). “CP” – Claim Petition:  This pleading […]

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

By on June 2, 2022 in Practical Advice with 0 Comments

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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Advice To Employers In Dealing With Complex TTD Scenarios

By on April 28, 2022 in Practical Advice with 1 Comment

Practical Advice in New Jersey Workers’ Compensation The general rule is that an injured worker is entitled to TTD for the time frame that the authorized treating doctor placed the employee out of work. Pursuant to Monaco v. Albert Maund, Inc., 17 N.J.  Super. 425 (App. Div.), 21 N.J. Super. 443 (App. Div. 1952), generally, […]

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