A Capehart Scatchard Blog

Workers’ Comp Basics

Recording and Taping IMEs in New Jersey Workers’ Compensation

The rules for recording and taping IMEs in New Jersey became much clearer with the June 15, 2023, New Jersey Supreme Court ruling in DiFiore v. Pezic, (Nos. A-58/59/60-21) (087091). While the case involved three separate civil court defense exams, there is no reason that the principles set forth in this consolidated decision will not […]

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Guidance on Recording Defense Medical Examinations and Having Non-parties Present

One of the most nettlesome questions in New Jersey workers’ compensation is whether a non-party can attend an IME and whether a petitioner or a physician can record a medical examination without the other party’s consent and use it at trial.  It is important to observe that the New Jersey Workers’ Compensation Act provides very […]

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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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How to Properly Cancel a Workers’ Compensation Policy

How to Properly Cancel a Workers’ Compensation Policy

Coverage Issues in Workers’ Compensation Often cases are referred to this insurance defense attorney where the policy was cancelled prior to the alleged date of loss. The claimant-petitioner has retained an attorney and has filed a Claim Petition in the Division of Workers’ Compensation. The petitioner’s counsel has reviewed the New Jersey Compensation Rating and […]

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Practical Advice In Defending COVID-19 Claim Petitions

Many claim petitions have been filed in the Division of Workers’ Compensation seeking awards of permanent partial and total disability as well as dependency benefits arising from exposure to COVID-19.  The high number of COVID claim petitions reflects the fact that well over 1.2 million cases have been confirmed as COVID positive in New Jersey, […]

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Why Good Adjusters Are Crucial To Success In Workers’ Compensation Court

Every defense lawyer knows that success in workers’ compensation court is the ultimate team sport.  There are many key participants:  employers, supervisors, adjusters, counsel, account managers, brokers, experts, IME doctors, physicians, nurse case managers and vendors such as investigators.  All play important roles but more often than not, the adjuster is the quarterback.   It has […]

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When Does The Special Mission Exception To The Premises Rule Apply?

One of the most misunderstood rules in workers’ compensation is the so-called “special mission” exception to the premises rule, which is New Jersey’s successor to the better known “going-and-coming rule.”  The New Jersey premises rule says that one is at work when he or she arrives at the work premises.  The main exception to that […]

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What Information Employers Need To Know To Defend Reopener Cases

For employers, perhaps the most negative aspect about New Jersey Workers’ Compensation Act is the proliferation of what are called “reopener” petitions.  These do not exist in many states. The injured worker in New Jersey who receives a permanency award can file within two years of the last date of treatment or payment of indemnity […]

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The Crucial Importance of Examining Treating Medical Records and Employee Accident Forms

Many workers’ compensation cases involve unwitnessed orthopedic injuries.  Consider a case where an employee alleges that he or she felt sharp back pain around 11 a.m. in aisle 4 of the store while stocking shelves.  Suppose there is no security video.  Suppose further the employer provides treatment under Section 15 without admitting liability but still […]

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The Crucial Difference Between Impairment And Disability In Workers’ Compensation

Understanding the difference between “impairment” and “disability” is important in properly reserving files and in defending workers’ compensation cases. Many people use the terms synonymously, but there is an important legal distinction. An impairment refers to a problem with the structure or organ of the body. Disability focuses on the functional limitations that are caused by the […]

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The Crucial Importance of Investigating Subsequent Accidents

Workers’ compensation claims professionals know how important it is to ask about prior injuries in workers’ compensation.  That information can bear directly on causation and will often lead to credits at the time of settlement. But an underrated area of investigation remains subsequent injuries that take place after the date of the workers’ compensation injury but […]

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When Are Injuries That Occur At Work Not Covered By Workers’ Compensation?

There is a fairly widespread belief that any injury that occurs at work must be covered under workers’ compensation.  But that is not true.  There are several categories of injuries that happen at work which simply are not compensable.  Injuries which do not arise out of employment are not covered in workers’ compensation.  Not only […]

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Preventive Actions Do Not Trigger Temporary Disability Benefits In Comp and New Paid Emergency Sick Leave Act For Coronavirus For Employers With Less Than 500 Employees Effective April 1, 2020

Let me begin with a correction to a prior blog.  A few weeks ago I wrote in a blog about a hypothetical scenario where an employer requires an employee to be quarantined because the employee was exposed to a fellow employee who tested positive for COVID-19.  Several readers wrote to disagree that the period of […]

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Why It Is Important To Understand Legal Causation In Workers’ Compensation

The concept of legal causation is fundamental to master in handling claims. If there is no legal causation, the claim should be dismissed.  The claimant must prove an accident which arises from the employment.  There must be a work connection.  When a case poses a serious issue of legal causation, the most common mistake is […]

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Transportation Issues in Workers’ Compensation

Adjusters and employers familiar with other state workers’ compensation laws are often surprised to find out that the New Jersey Workers’ Compensation Act contains no statute requiring employers to pay for transportation costs to get employees to medical appointments and no mileage reimbursement provision.   When an employer requires an injured worker who has moved out […]

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