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Public Entity Newsletter

Public Entity Newsletter

A monthly newsletter focusing on litigation, employment law and workers’ compensation issues that affect public entities.

2024

April 2024

Public Entities Are Not Immune From Frivolous Sanction Litigation

USDOL Issues Final Overtime Rule

A Brief History of the New Jersey Workers’ Compensation Act

March 2024

Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issues of Charitable Immunity

Is Your Company Ready for an NJDOL Audit?

Appellate Division Rules That Claimants in Certain Circumstances Do Not Have to Reimburse an Employer’s Lien From a Third Party Recovery Until the End of the Workers’ Compensation Case

February 2024

Court Permits Plaintiff to File Late Notice of Tort Claim

The NLRB Does It Again

January 2024

Day in the Life Video Excluded at Trial

New Federal Independent Contractor Rule

Private Sector EMTs & Paramedics Are Now Covered Under New Legislation Signed by New Jersey Governor Creating a High Rebuttable Presumption in Favor of Compensability of Strokes or Heart Attacks

2023

December 2023

No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement

Yes, Virginia, Non-Compete Agreements are Still Enforceable in New Jersey

Appellate Division Holds Employee Who Worked and Attended School is Eligible for Temporary Disability Benefits After Unemployment Benefits Terminated

November 2023

Plaintiff’s Loss of Balance May Satisfy the Permanency Requirement of the Tort Claims Act

6 New Year’s Resolutions for Your Workplace in 2024

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

October 2023

Court Finds That Minor’s Left Elbow Fracture May Meet Permanency Requirement of Tort Claims Act

Employer Social Media Searches-Beware Of What You Wish For!

Worker Who Became Unconscious While Working Could Not Prove Subsequent Physical Injuries Were Work Related

September 2023

Newark Police Officers Immune from Tort Liability for Injuries that Occurred During a Vehicle Pursuit

New Proposed Regulations for New Jersey’s Temporary Workers’ Bill of Rights Law

August 2023

Superior Court Upholds Tort Claims Act Protections for Failure to Warn of a Dangerous Condition

USDOL Issues Proposed New Overtime Rules

Governor Signs Bill Raising Fees of Evaluating Physicians for Claimants

July 2023

Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim

What Can Employers Do About Employee Marijuana Use?

Should Employers Pay for Both Lawyers in the Workers’ Compensation Case?

June 2023

Municipal Parking Authority Found to Be Immune From Tort Liability for Claim Resulting From Its Snow Removal Activities

New Pregnant Workers Fairness Act Goes Into Effect This Week

Recording and Taping IMEs in New Jersey Workers’ Compensation

May 2023

Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road

Federal Judge Rules Recreational Marijuana User Has No Legal Remedy Under NJ CREAMMA Law for Failing to Be Hired

A Practitioner’s Guide to Benefits Provided Under New Jersey Workers’ Compensation

April 2023

No Denial of Access Under OPRA Where Request Submitted to Incorrect Entity

Beware of Retaliation: The Green-Eyed Monster

Supreme Court Finds Non-Waivable Duty on the Part of Insurance Brokers to Provide Notice of Available Coverage for LLC Members

March 2023

Settlement Reached at Mediation Deemed Unenforceable Due to Parties Failure to Sign Written Agreement

The ADA and Testers?

February 2023

Joint Insurance Fund’s Self-Insurance Found Not To Trigger Other Insurance Clause

Vacations on FMLA?

Supreme Court Decision Provides Overview of NJ Insurance Fraud Prevention Act and the NJ Workers’ Compensation Fraud Act

January 2023

Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim

FTC Proposed Rule Would Ban Virtually All Non-Compete Restriction

Appellate Division Reverses Award of 20% Counsel Fee on Order for Medical and Temporary Disability Benefits and Permanency Benefits

2022

December 2022

Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board

Does Anybody Really Know What “Travel” Time Is… And Does Anyone Really Care?

Explosion in Employee’s Personal Vehicle Held Compensable Based on Special Mission

November 2022

Bid for Public Contract Deemed Compliant When Post Office Box Address of Owners of Bidder Given As Opposed to Home Address

5 New Year’s Resolutions For Your Workplace In 2023

A Practitioner’s Guide to “Arising Out of Employment and Occurring In the Course of Employment”

October 2022

Supreme Court Determines Standard of Care of Negligence Claim Asserted by Student Against Coach

Students’ Initials Can Be Redacted in Response to an OPRA Request

Appellate Division Vacates Penalties and Fees Against Employer Pending New Hearing

September 2022

Third Circuit Finds That Statute Of Limitations Period On Civil Rights Claim Arising From Wrongful Conviction Did Not Begin Until Conviction Was Vacated

Beware Child Labor Laws

New Jersey Division Of Workers’ Comp Has It’s First Woman And Hispanic Director

August 2022

Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death

So, What Exactly is FMLA Interference?

What Cost and Legal Fees Are Deducted From the Lien of the Employer or Carrier?

June/July 2022

Appellate Division Rules That Plaintiff’s Medical Bills Incurred Due to Personal Injury Were Admissible at Trial Against Public Entity

Appellate Division Affirms Dismissal of NJLAD Claim for Sexual Assault on a School Bus

Section 20 Settlements Versus Orders Approving Settlement

May 2022

Court Finds That Plaintiff’s Notice Of Claim Substantially Complied With The Notice Requirements Of The Tort Claims Act

Beware the Job Interview!

What Does The Rebuttable Presumption Mean In A COVID-19 Claim?

April 2022

Plaintiff’s Personal Injury Lawsuit Dismissed As To Public Entity For Failure To Meet Permanency Threshold

New Jersey Enacts Stringent Employer Monitoring Device Law

Advice To Employers In Dealing With Complex TTD Scenarios

March 2022

New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting a Pole

N.J. Supreme Court Rules That OPRA Requires Disclosure of Settlement Agreements With Public Employees

FCE Supported County’s Decision to Terminate Employee Following Workers’ Comp Injury

February 2022

Neither County Nor City Found Responsible For Injury To Plaintiff Caused By Tree Limb Piercing Windshield Of His Car

Congress Passes Groundbreaking Bill Restricting Mandatory Arbitration in Sexual Harassment Cases

Understanding The Deviation From Employment Defense

January 2022

Minor’s Parents Portee Claim Against Public Entity Tolled for the Duration of the Minor’s Tolling Period

OSHA-What’s Next on COVID-19 Vaccinations?

New Jersey Supreme Court Finds Parking Lot Accident Compensable

2021

December 2021

Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole

5 New Year’s Resolutions For Your Workplace In 2022

Back Injury To School Nurse Found Not Compensable Where She Participated in Cardio Club Activity Before School

October 2021

United States Supreme Court Reaffirms the Defense of Qualified Immunity as Applied in Constitutional Excessive Force Cases

Amended NJLAD Offers Greater Protections to Older Workers

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

September 2021

Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway

Biden’s Vaccination Mandate

Injury to Employee Walking To Car In Leased Parking Lot Found Compensable

August 2021

Plaintiff’s Failure To Serve Public Entity At Correct Place Of Business With Timely Notice Of Tort Claim Bars Plaintiff’s Personal Injury Claim

The Legality of COVID-19 Employee Vaccinations Mandates

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

July 2021

New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act

Court Denies Discovery of Access to Multiple School Buildings, Holding That the Request was Irrelevant and Disproportional to the Case

Long Drive To Restaurant For Lunch Following Business Meeting Found Not Compensable

June 2021

Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order

NJ Supreme Court Holds That Supervisor’s Two Uses of Offensive Slurs are Sufficient Support Hostile Work Environment Claim

Respondent Prevails Where First MRI Post-Accident Showed No Abnormalities In Knee

May 2021

Plaintiff Quadriplegic Found To Have Sufficient Basis To Justify Filing Of Late Notice Of Tort Claim Against Public Entity

Employee Disclosure of COVID-19 Vaccinations

NJ Assembly Votes Unanimously in Favor of Hiring Preferences in Workers’ Compensation

April 2021

Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street

New Jersey Issues Employer Vaccine Guidelines

This Month’s Two Key Developments On Jurisdiction of Medical Claim Petitions And Orders To Compel Reimbursement Of Costs Of Medical Marijuana

March 2021

Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park

LAD Arbitration Limitation Struck Down By Federal Court

New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity

February 2021

Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

Legal Marijuana and New Jersey Employee Rights

New Jersey Supreme Court Rules That Employee Volunteer at Family Fun Day Event Was Performing Work Duties And Was Not Engaged In A Social Or Recreational Activity

2020

December 2020

First Aid Squad Responders Found to Be Immune from Liability for Injury Allegedly Caused by Negligent Transport of Patient

When “The Easy Way Out” Isn’t So Easy – Beware of Litigation from Non-Tenured Teachers Who Are Non-Renewed

Adverse Reactions to Vaccinations: Current Issues in Workers’ Compensation

November 2020

Jury Trials Again Suspended in New Jersey But May Restart on a Virtual Basis

COVID-19 and the Holidays

Governor Murphy Signs Legislation Clarifying Effective Date of Hand And Foot Bill

October 2020

DOT Contractor Entitled to Tort Claims Act Immunity as Defense in Personal Injury Action

COVID-19 and New Disability Obligations

Appellate Division Rules Against Medical Providers In Jurisdictional Dispute Where Almost All Contacts Were In Pennsylvania And New York

September 2020

Supreme Court Found Question of Fact as to Whether Police Officer Entitled to Qualified Immunity for Shooting of Plaintiff

A Refresher on Handling Reasonable Accommodations

The Essential Workers Legislation In New Jersey: What It Means and What It Does Not Mean

August 2020

“Special Employee’s” Personal Injury Civil Claim Found Barred By Workers’ Compensation Exclusive Remedy Defense

Vaccines and the Workplace

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

July 2020

Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention

Is the Government Travel Advisory an Enforceable Order?

Divided Supreme Court Upholds Right of Employer to Pursue Subrogation For Payment Of Workers’ Compensation Benefits Even Where Employee Cannot Sue Due to The Limitation-On-Lawsuit Option

June 2020

Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class

EEOC Clarifies Allowable COVID 19 Testing For Employees

Gathering Information to Make Decisions on Compensability of COVID-19 Cases

May 2020

County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice

COVID-19 and The High Risk Employee

Appellate Division Finds that Dismissal of Comp Case and Motion for Medical and Temporary Disability Benefits Violated Petitioner’s Due Process Rights

April 2020

Police Officers Found Not to Be Immunized in Alleged Failure to Render Assistance to Injured Plaintiff at Motor Vehicle Accident Scene

EEOC Updates Guidance on COVID 19 Workplace Prevention

The Brave New World of Telecommuting and Workers’ Compensation

March 2020

NJ Supreme Court Order Extending and Tolling Court Deadlines Due to COVID-19 Pandemic

COVID-19: What Can an Employer Do?

February 2020

Plaintiff’s Failure to Serve Correct Public Entity with Tort Claims Act Notice Barred Personal Injury Claim

Be Warned About NJ WARN

Transportation Issues in Workers’ Compensation

January 2020

Plaintiff’s Written Injury Report of Pothole on City’s 311 Online Reporting System Found to be in Substantial Compliance of Tort Claims Act Notice Requirement

Pregnancy Discrimination Explained

Governor Passes Bill Increasing Compensation for Workers’ Comp Hand And Foot Injuries

2019

December 2019

Neither Township, nor County Found Liable for Fatal Pedestrian Accident Due to Plaintiff’s Failure to Prove Roadway in a Dangerous Condition

New Jersey Bans Hair Discrimination

First NJ Workers Compensation Appellate Opinion On Opioid Use Is Approved For Publication

November 2019

Municipality Found Not Liable For Pedestrian Accident Due To Tort Claims Act Sign Immunity

Employer Social Media Searches-Beware Of What You Wish For!

Does An Employer Owe Temporary Disability Benefits When An Injured Worker Returns To A Second Job But Is Unable To Return To The Injury-Connected Job?

October 2019

Municipality Found Not Liable For Fall Due to Uneven Sidewalk

It’s Abuse (FMLA) I Tell You!

Robert Wood Johnson Barnabas Health Found Not Responsible For Injury To Nurse In Public Street

September 2019

Municipality Not Entitled To Weather Or Snow Removal Immunities If Accident Resulted From Other Causes

US Department of Labor Announces New Overtime Rules

Appellate Court Holds That Employee Failed to Prove That United Airlines Was Responsible for Injury to Worker’s Shoulder Related To Physical Therapy Performed On Her Work-Related Wrist Injury

August 2019

Court Denies Plaintiff’s Motion for Leave to File Late Notice of Tort Claim Despite Plaintiff’s Medical Issues

New Jersey’s Groundbreaking New Wage Anti-Theft Law

Can A Dependent Settle A Dependency Claim By Section 20 And Then Sue The Uninsured Employer?

July 2019

Municipality Found Not Liable For Bicyclist Who Suffers Injury When Bike Hit Patch Of Loose Gravel In Roadway

New Jersey Restricts Pre-Hiring Consideration of Salary History Information

Governor Signs New Public Safety Workers’ Compensation Laws Which Will Pose Fiscal And Legal Challenges for New Jersey Public Entities

June 2019

Contractor Who Missed 90 Day Deadline for Serving A Notice of Tort Claim by Two Days Barred by Court To Pursue Tort Claim Against Municipality

Appellate Division Affirms OPMA Does Not Require BOE to Discuss Proposed Employment Action Prior to Voting

Appellate Division Affirms Decision of Judge of Compensation Finding That The New Jersey Sports and Exposition Authority Did Not Need To Reconstruct Petitioner’s Wage in Award of One Third of Permanent Partial Disability

May 2019

Immunities Available to Public Entities for Personal Injuries Caused by Snow or Ice

New Jersey Supreme Court Rules on Significant Unemployment Insurance Eligibility Question

Petitioner Proved Work Exposures Materially Caused or Contributed To His Colorectal Cancer

April 2019

School Board Found Not Liable for Injury that Occurred Due to Fall from Slope in Property

NJ Appellate Court Weighs in On Medical Marijuana Use and The Workplace

Reckless Prank By Co-Employee Does Not Permit Victim To Pursue Civil Suit

February 2019

Court Dismisses Pothole Case against County

New Jersey Governor Signs New Minimum Wage Law

New Jersey Supreme Court Rules That Volunteer Firefighter Is Entitled To Maximum Temp Benefits Even Without Proof Of Employment Or Lost Wages

January 2019

Under Narrow Circumstances, NJ Supreme Court Permits Filing of Late Notice of Claim When Claimant Identifies Correct Public Entity in Notice of Claim but Serves Wrong Entity

Third Party Harassment and the Law

Medical Providers Have Six Years To File Claims in Division of Workers’ Compensation

2018

December 2018

Municipality Held Not Liable for Fall over Bench at its Baseball Field

Dress Codes and Docking of Pay

Triennial Recalculation Issue Decided in Favor of Respondents and 2nd Injury Fund

November 2018

Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity

5 New Year’s Resolutions For Your Workplace In 2019

Do Voluntary Offers Still Make Sense in New Jersey Comp?

October 2018

Attorney’s Fee Award Denied By Federal Court on Basis of Being Outrageously Excessive

NJ Department of Labor Issues Proposed Regulations on Earned Sick Leave

Basic Principles to Consider In Appeals from the Division of Workers’ Compensation

September 2018

Third Circuit Affirms Dismissal of Excessive Force Claim Because Plaintiff Cannot Identify Police Officer Who Kicked Him

To Extend (or Not Extend) an ADA Leave of Absence: That is the Question

Workers’ Compensation Injury Leads to Indefinite Suspension On Account Of Refusal Of Injured Worker To Submit to Medical Marijuana Drug Testing

August 2018

DOT Found Not Liable for Plaintiff’s Injuries When Plaintiff Struck by Car as Crossing Highway to Reach DOT Unimproved Parking Lot Across From American Legion

One Toke Over the Legal Line Can Result in Employee Firing

Appellate Court Rejects Trucker’s Injury While Dressing After Showering During Trip From California to New Jersey

July 2018

Parking Authority’s Operation of a Fee Based Jitney Service Did not Deprive it from Asserting Public Entity Snow Removal Immunity

Silence is Golden: Someone (Maybe Even Your Own Employees) Might be Taping You

Appellate Division Reverses Substantial Award to Custodian Who Contended Five Years of Custodial Work Caused a Need for Bilateral Knee Replacements

June 2018

Can a Plaintiff Recover for Injuries Due to a Fall in a Pothole on a Public Roadway?

Ooooh That Smell, The Smell that Surrounds (Your Employees?)

Employer Has Lien Rights on High/Low Agreement In Medical Malpractice Case Arising From Workers’ Compensation Claim

May 2018

Township Found Not Liable for Injury Caused by Fall in Pothole

N.J. Supreme Court Rules on OPRA’s Privacy Provision

Appellate Division Holds Employee Who Was Required To Report To Work During Snow Storm Was Covered During Commute Even Though He Was Reporting To Normal Work Site

April 2018

Borough’s Alleged Premature Enforcement of a CO Ordinance Does Not Constitute a Substantive Due Process Violation

Will Medical Marijuana Users Soon Have Legal Protections in the New Jersey Workplace?

Rules Regarding Future Payments Under Permanency Awards and Commutations

March 2018

Appellate Division Reinforces “Extraordinary Circumstances” Requirement for a Late Notice of Tort Claim

The Importance of Job Descriptions

The Anachronistic “Sole Cause” Defense of Intoxication and Unlawful Use of Controlled Dangerous Substances in New Jersey Workers’ Compensation

February 2018

Failure to Timely Serve Tort Claims Act Notice Upon Defendant Bars Claim

Love is in the Air, But Should It Be in the Workplace?

January 2018

Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk?

How Tax Reform May Impact Sexual Harassment Lawsuits

Compulsion Versus Permission in Workers’ Compensation

2017

December 2017

Township Has no Liability for Drowning Death of Minor in Unimproved River

Appellate Division Limits Attorneys’ Fees in OPRA Case

November 2017

The Notice of Tort Claim Was Timely Received, but Is It Statutorily Compliant?

One Strike and You’re Out-Single Racial Slur Can Create Hostile Work Environment

Police Officer Injured Working Approved Outside Assignment Cannot Sue Contractor Which Hired Township Officers Through the Municipality

September 2017

Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule

July 2017

Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice

June 2017

Discomfort in Knee Insufficient to Meet Permanency Threshold of Tort Claims Act

N.J. Supreme Court Rules in OPRA Case Involving Email Logs

County GPS System Defeats Petitioner’s Comp Claim on Appeal

May 2017

Tort Claims Act Monetary Threshold Bars Claim for Pain and Suffering But not Permanent Injury

April 2017

City and Board of Education Found Immune from Liability for School Child Struck by Car Crossing Road Near School

Public Entity Defeats Lawsuit Seeking Attorney’s Fees in OPRA Case

March 2017

Appellate Division Finds Plaintiffs Fail to Meet Standard to File Late Notice of Tort Claim

Employment and The Use of Medical Marijuana

The Going-And-Coming Rule And Multiple Employer Work Sites

February 2017

Don’t Let Your Public Entity Client Get Tripped up by a Pothole

January 2017

Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery

Third Circuit Clarifies Standard for Establishing Age Discrimination Claims

New Jersey Judge of Compensation Orders Employer To Pay Costs Of Medical Marijuana Program And Costs Of Filling Prescriptions

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Capehart Scatchard

Founded in 1876, Capehart Scatchard is one of the oldest law firms in New Jersey. We are a full-service, diversified law firm providing legal services to businesses, public entities, non-profit organizations, academic institutions, governments and individuals across New Jersey, Pennsylvania and New York.

Recent News

May 17, 2024 Rutgers Law Graduate Receives Annual Blaine E. Capehart Writing Award
May 13, 2024 Capehart Scatchard Welcomes 2024 Summer Law Clerks
May 10, 2024 Capehart Scatchard Attorneys Cook for a Cause

Contact Information

856-234-6800
8000 Midlantic Dr., Ste 300S
P.O. Box 5016
Mt. Laurel Township, NJ 08054-5016
Mon to Fri - 8:30 am to 5:30 pm
(Closed Saturday & Sunday)

Copyright © 2024 Capehart Scatchard, P.A. All rights reserved.

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