Firm News

Recent Win

Argued / Briefed by Nicholas A. Dibble, Esq.

The Appellate Division recently affirmed the decision of the trial court  terminating benefits for fraud pursuant to N.J.S.A. 34:15-57.4(c)(1) when a claimant made a false statement in obtaining benefits.

While cutting down a tree, the petitioner sustained severe injuries and filed a claim for medical and disability benefits.  The respondent denied coverage on the grounds that the petitioner misrepresented that his company was an LLC with no employees.  The petitioner, who was personally involved in the procurement of workers’ compensation insurance, owned and worked at Treeminator Tree Service.   Treeminator was organized in 2007 as a corporation and by 2012, the year of the accident, the company had no fewer than four employees including the petitioner and his girlfriend.  A workers’ compensation policy was issued for Treeminator in 2012, the year of the accident, for a limited liability company with no employees and only a minimum premium.

At trial, this matter was bifurcated by the Honorable Virginia Dietrich to first address the issue of insurance coverage.  The petitioner and his girlfriend testified as well as three individuals from the Barry Rose Insurance Agency who handled Treeminator’s insurance needs.  After hearing all five witnesses over four days of trial Judge Dietrich found that the petitioner made material misrepresentations concerning the nature of his business and the number of his employees.  The Judge of Compensation noted that although the policy procured by Treeminator was for a landscaping company with no employees, Treeminator employed multiple individuals and was actually involved in the far more dangerous business of tree trimming.  As such, Judge Dietrich ordered the immediate denial of benefits due to the false information provided to the insurance carrier during the procurement of the policy.  The petitioner appealed arguing that he had a reasonable expectation of coverage by virtue of paying a premium and a mistake was made by either the insurance broker or the insurance company in issuing a policy for an LLC rather than a corporation.  Since this was not his error, the petitioner posited that he should be afforded coverage.  Finally, the petitioner argued that he never opted out of coverage for himself.

The Appellate Division found that false information was given to the insurance broker during the procurement of the insurance policy.  The Appellate Division affirmed the findings of Judge Dietrich noting that when the petitioner was appraised of the increased costs of insuring a company with employees, the petitioner chose to “take coverage as cheaply as he could find it.  He wanted to pay the least and hoped for the best.”   The Appellate Division ultimately held that Judge Dietrich’s findings were based upon sufficient credible evidence and supported the immediate dismissal of the petitioner’s claim pursuant to the fraud provision found at N.J.S.A. 34:15-57.4(c)(1) of the workers’ compensation statute.

Recent Win

Argued / Briefed by Christopher M. Emrich, Esq.

On January 22, 2013, the petitioner, a nurse, filed Claim Petition No. 2013-1691, alleging that on March 29, 2012, she slipped and fell in the course of her employment, causing injuries to her lumbar spine and right knee.  She conceded that she fell in the parking lot after finishing her shift and clocking out.  The petitioner was an employee of Corizon, which entered into a contract with Burlington County to provide medical services to the County’s jails.  Corizon denied the compensability of the claim and no benefits were provided.

In September 2014, the petitioner filed a Motion for Medical and Temporary Benefits against Corizon, seeking a total knee replacement.  After a conference with the judge, the petitioner’s attorney filed an amended claim on February 24, 2015, against Burlington County, alleging that Corizon and the County were joint employers.

The matter proceed to trial on April 28, 2015, with the petitioner’s testimony.  Lt. Matthew Leith, was called to testify on behalf of the County on May 19, 2015.  Lt. Leith, a senior officer in the County correctional system, testified regarding the nature of the jails and the relationship between the County employees and the employees of various vendors, including the petitioner.

On June 18, 2015, the petitioner’s attorney subpoenaed Robert Orrick, a senior employee of Corizon, to testify regarding the relationship between Corizon and the County.

After trial, the parties submitted briefs addressing whether the compensability of the accident that took place after the petitioner’s shift in the County parking lot was compensable and the existence of joint employment between Corizon and Burlington County.  A Motion to Dismiss was also filed on behalf of the County for a violation of the statute of limitations, since 2 years passed between the injury and the filing of the amended claim.

Ultimately, Judge Minor found that none of the relevant factors for determining joint employment applied to the petitioner and the County.  In Dismissing the Claim Petition she found the fact that the County did not have the authority to hire, fire or oversee routine employment decisions to be the dispositive factor.  She also agreed with the statute of limitations argument.  Therefore, she dismissed the County.  However, she granted the petitioner’s motion as it relates to Corizon.  Therefore, Corizon is responsible for the petitioner’s total knee replacement and likely any temporary disability payments, and eventually permanent disability benefits with no contribution from the County.

Mt. Laurel, NJ – – Capehart Scatchard Workers’ Compensation Department attorneys, John H. Geaney, Esq.,  Stephen T. Fannon, Esq., and Nancy J. Johnson, Esq. were featured speakers at a Millennium seminar event held on December 3rd at the Hilton in Parsippany, New Jersey.

In addition to moderating the one-day program, Mr. Geaney presented “Tips You Need to Know to Defeat Occupational Disease Claims” and “Terminating Employees on Comp Without Violating the ADA, NJLAD and FMLA.”  Mr. Fannon presented “Statutes and Defenses You Need to Know to Win in Workers’ Comp” and also served as moderator for a presentation titled, “A Comprehensive Discussion of IMEs in Workers’ Comp.”  Ms. Johnson presented on “2015 New Jersey Court Decisions You Need to Know.”

A seasoned workers’ compensation practitioner for over 30 years, Mr. Geaney, a Moorestown resident, is the author of Geaney’s New Jersey Workers’ Compensation Manual and A Guide to Employment Issues Under the ADA & FMLA distributed by the New Jersey Institute for Continuing Legal Education.  Mr. Geaney concentrates his practice in the representation of employers in workers’ compensation defense matters, the Americans with Disabilities Act, and the Family and Medical Leave Act.

Mr. Fannon, a Marlton resident and co-chair of the firm’s Workers’ Compensation Department, has been with the firm for 36 years and concentrates his practice in the representation of employers, self-insured companies, third-party administrators, and insurance carriers in workers’ compensation defense.

Ms. Johnson, a New Jersey resident, concentrates her practice in the defense of workers’ compensation representing major self-insured corporations, insurance companies and clients of third-party administrators.  She is a frequent lecturer on workers’ compensation and Medicare issues.  She is certified by the Supreme Court of New Jersey as a Workers’ Compensation Law attorney, Ms. Johnson is an officer of the New Jersey State Bar Association Workers’ Compensation section and a member of the College of Workers’ Compensation Attorneys and Justice James Coleman Workers’ Compensation Inn of Court.

Mt. Laurel, NJ – Capehart Scatchard Shareholder, Thomas D. Begley III, served as a panelist on November 20, 2015 for the New Jersey Association for Justice’s 2015 Meadowlands Seminar.

Mr. Begley’s panel session was entitled, “Ethical Issues in Medical Malpractice.”  His talk focused on insuring that a litigant’s recovery, especially one who is disabled, is protected after the settlement or judgment.

A resident of Moorestown, Mr. Begley is the Chair of the Trusts and Estates Group at Capehart Scatchard.  He is routinely recognized as one of the top lawyers in New Jersey by a variety of publications including Super Lawyers, SJ Magazine and South Jersey Magazine.  He is a Certified Elder Law Attorney who received his law and undergraduate degrees from Georgetown University.

Mt. Laurel, NJ – – Capehart Scatchard Shareholder, John H. Geaney, Esq., recently spoke at the Annual Meeting and Conference of the New Jersey State Association of Occupational Health Nurses, Inc. (NJSAOHN) in East Windsor, New Jersey.

Mr. Geaney addressed state and federal laws having an impact on workers’ compensation.  He also discussed the FMLA and ADAAA and changes in these laws.  Additionally, Mr. Geaney summarized recent case decisions pertaining to these issues.

Mt. Laurel, NJ – – Capehart Scatchard Shareholder, Stephen T. Fannon, Esq. recently spoke at a National Business Institute seminar in Cherry Hill, New Jersey.

Mr. Fannon spoke on medical issues and their role in the complex workers’ compensation case.  Mr. Fannon addressed the leading cases on psychiatric injuries, occupational stress claims, including Section 31, and work-related aggravation of pre-existing conditions.

Mt. Laurel, NJ – –  Capehart Scatchard Shareholder, Lora V. Northen, Esq., spoke at the annual business meeting of the New Jersey Self Insurers’ Association on November 6, 2015.

During her presentation, Ms. Northen summarized noteworthy New Jersey workers’ compensation decisions released in 2015.  Some of the case topics covered by Ms. Northen included the independent contractor issue as well as the law governing motions for medical and temporary disability benefits.

Mt. Laurel, NJ – – Capehart Scatchard Shareholder, John H. Geaney, Esq., recently spoke at the New Jersey Food Council seminar held at Forsgate Country Club in Monroe Township, New Jersey.

Mr. Geaney addressed fraud issues in New Jersey workers’ compensation matters.  He presented the leading cases decided by the Appellate Division dealing with fraud and the impact of those decisions when litigating a workers’ compensation case.

Mt. Laurel, NJ – –  Capehart Scatchard has been named a finalist in the 100+ employee category of the 2015 NJBIZ Business of Year awards program.  The awards program, produced by NJBIZ, New Jersey’s premier business news publication, is presented by EisnerAmper LLP.

“Capehart Scatchard is honored to have our law firm included as a finalist in the 2015 awards as there are no slackers in these ranks,” said Mary Ellen Rose, Esq., Managing Shareholder of the firm.  “Our attorneys are pleased to have a state-wide business news outlet to turn to daily. Unlike most states, the geography as well as the road network of New Jersey is such that businesses, as well as our lawyers, can physically travel to any location to conduct business face to face, if necessary.  That makes New Jersey an excellent place to do business.”

The Business of the Year awards program celebrates New Jersey’s most dynamic businesses and business leaders who share a commitment to professional excellence, business growth and the community. Finalists were selected in five categories: Business of the Year (1-50 Employees), Business of the Year (51-100 Employees), Business of the Year (101+ Employees), Corporate Citizen of the Year, and Emerging Business of the Year.

The Business of the Year award finalists will be recognized and the winner in each category will be announced during an awards dinner on December 7, 2015 at the Palace at Somerset Park in Somerset, NJ.

Mt. Laurel, NJ – –  Capehart Scatchard Shareholder, Lora V. Northen, Esq., spoke at the annual Tri-County Orthopedics Conference in Morristown, New Jersey on October 9, 2015.

During her inter-active presentation with the audience, Ms. Northen covered different workers’ compensation scenarios involving the premises rule, parking lot injuries, special missions and recreational and social activity claims.

In addition to her responsibilities as Co-Chair of the Workers’ Compensation Department, Ms. Northen, a Pennsauken resident, focuses her practice in the representation of employers, self-insured companies, and insurance carriers. She is currently serving as the president of the National Workers’ Compensation Defense Network (NWCDN).  Certified as a trial attorney by the Supreme Court of New Jersey in Workers’ Compensation Law, Ms. Northen is a member of the New Jersey, Pennsylvania, Burlington County and Camden County Bar Associations.