A Capehart Scatchard Blog

Tag: Jurisdiction

Medical Provider Cannot Sue Workers’ Comp Carrier for Breach of Contract to Get Around New Jersey’s Exclusive Remedy for Medical Disputes

By on November 20, 2023 in Claims, NJ Workers' Comp with 0 Comments

Medical claim petitions comprise an increasingly large percentage of New Jersey workers’ compensation claims with over 5,000 being filed in 2023 alone.  One of the problem areas remains jurisdictional issues when a New York or Pennsylvania workers’ compensation case is referred to New Jersey just for a one-time medical procedure. The recent case of Hudson […]

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United Airlines Wins Important Appellate Decision Involving Jurisdiction

By on July 31, 2019 in NJ Workers' Comp, Other with 0 Comments

There are precious few reported decisions dealing with the jurisdictional requirements for bringing a claim petition in New Jersey when a New Jersey resident is employed out of state, is injured working out of state and is hired out of state.  In the reported case of Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, […]

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Appellate Division Holds That New York Worker Who Accepted A Job Offer While In New Jersey Was Hired In New Jersey Conferring Jurisdiction In New Jersey

When an employee returns to work following a work injury, in many states that ends the workers’ compensation case, but not in New Jersey.  In our state, that just moves the case to the final stage of permanency benefits for loss of function of the body member.  The availability of loss of function awards following […]

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Carrier that Mistakenly Represented Employer Cannot Use Comp Court to Obtain Reimbursement

Carrier that Mistakenly Represented Employer Cannot Use Comp Court to Obtain Reimbursement

Shaun Cronrath, a Burlington County College employee, was injured at work when he was attacked by a fan while coaching a basketball game.  He filed a claim petition, and Travelers Casualty Insurance Company of America (hereinafter “Travelers”) filed an answer on behalf of the College.  Travelers negotiated a settlement of $35,000 on behalf of the […]

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Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident

By on January 6, 2014 in Compensability, NJ Workers' Comp with 1 Comment
Division of Workers’ Comp Best Forum to Decide Employment Issue on Home Aide Tragically Killed in Car Accident

Saul Liebman was living alone after the recent death of his wife in September 2008.  At the time he was 81 years old.  His daughter made inquiries to find someone who could move into her father’s home and take care of him, including cooking meals and assisting in daily activities. Myroslava Kotsovska, a 59-year-old Ukrainian […]

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