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Emily Manuel/High Point Prop. and Casualty v RWJ Barnabas Health

Client: RWJ Barnabas Health

Court:  Superior Court of New Jersey
Appellate Division

Trial Attorney:  Christina M. Adinolfi Shea, Esq.

Brief Attorney: Christina M. Adinolfi Shea, Esq. and Caroline N. Yount, Esq.

**Results may vary depending on your particular facts and legal circumstances**

The New Jersey Appellate Division decided on October 16, 2019, that a nurse who was walking from work premises to a parking lot following her shift at Jersey City Medical Center/RWJBH was not in the course of employment when she was struck by a motor vehicle.

Petitioner had appealed the ruling of a Judge of Compensation that her injuries did not arise out of and in the course of her employment.  The Judge had found petitioner was injured on a public street, not within the control of the hospital and that the hospital did not exercise daily control and maintenance of the parking lot. The Appellate Division agreed that petitioner was not injured in the course of her employment and did not suffer a compensable injury.

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Marconi v. United Airlines

Client: United Airlines/Sedgwick

Court:  Workers’ Comp Court in Newark

Trial Attorney:  Prudence M. Higbee, Esq.

**Results may vary depending on your particular facts and legal circumstances**

In the reported case of Marconi v. United Airlines, A-0110-18T4 (App. Div. July 22, 2019), the Appellate Division affirmed the dismissal of two claims against United Airlines for lack of jurisdiction. Richard Marconi lived in New Jersey and suffered a work injury to his left hip on January 31, 2015 working for United Airlines in Philadelphia.  United paid full benefits to Marconi under Pennsylvania law, but eventually Mrconi brought two claim petitions in New Jersey seeking permanency benefits that were not available in Pennsylvania.  One claim petition was for the accident in 2015 and the other was an occupational claim alleging work exposures from 1988 to the present.  Mr. Marconi admitted he was not hired in New Jersey and worked most of his career in Philadelphia, with only a brief period of employment at Dulles Airport.

United moved to dismiss both claim petitions for lack of jurisdiction in New Jersey.  Petitioner argued that even if residency alone was insufficient for a finding of jurisdiction, Professor Larson’s fourth factor, namely “place where the industry is localized,” in conjunction with petitioner’s residency in New Jersey is sufficient for a finding of jurisdiction.  However, the Appellate Division disagreed, explaining the concept of localization should be analyzed in terms of advancement of company interests, not its mere presence in the State. In this case, the Court found that, “nothing in the course of Marconi’s two-decade employment with United advanced the company’s localized interests in New Jersey.  In these circumstances, although United maintained a localized business interest in Newark, New Jersey has no substantial interest in exercising its jurisdiction over the petitions.”  As such, the Appellate Division affirmed the dismissals of both claim petitions.

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Patricia Costanzo vs. Meridian Rehab

Client: Meridian Rehab

Court: Freehold Workers’ Compensation Court

Trial Attorney:  Carla P. Aldarelli, Esq.

Brief Attorney:  Maura Burk, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

Petitioner filed a Motion for Medical and/or Temporary Disability Benefits seeking treatment for her left knee as recommended by her medical expert.

The Motion was fully tried, and testimony was taken from petitioner, petitioner’s medical expert, and from Respondent’s medical expert.

The Judge denied the Motion for Medical and/or Temporary Disability Benefits, finding that Respondent’s medical expert was more credible than petitioner’s medical expert, and found that petitioner failed to establish that any need for treatment to her left knee was work related.

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Mary Grace Lawson v New Jersey Sports and Exposition Authority, DOCKET NO. A-4058-17T1

Client: New Jersey Sports and Exposition Authority

Court:  Appellate Division

Trial Attorney:  Keith E. Nagy, Esq.

Brief Attorney:  Keith E. Nagy, Esq. and John H. Geaney, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Petitioner appealed the Workers Compensation Court’s finding that she was not entitled to wage reconstruction after a full trial on the issue. After trial, the lower court found that the petitioner did not sustain her burden of proof as she found the petitioner capable of a myriad of strenuous activities and found that the petitioner failed to prove that she lacked the potential for full time employment. Petitioner appealed arguing that she never returned to full-time employment and that she had a significant injury.

The Appellate Division affirmed the Workers’ Compensation Court’s finding that the petitioner did not sustain her burden of proof pursuant to Katsoris v. South Jersey Publishing Co., 131 N.J. 535 (1993). The Appellate Division noted that the applicable standard is that an enhanced award utilizing wage reconstruction is to compensate the injured employee “for his loss of earning capacity, i.e., diminution of future earning power.” Id. at 546 (quoting Torres v. Trenton Times Newspaper, 64 N.J. 458, 460-61 (1974)). That diminution includes the employee’s capacity to work full time either now or in the future. Id. at 548. The Appellate Division found that the record supported the Workers’ Compensation Judge’s findings that the petitioner’s accident did not diminish her capacity to perform full-time work.

To view case, click here.

 

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Alma Camarena v. Sprint PCS, No. A-2205-17T2

Client: Sprint PCS

Court:  Appellate Division

Trial Attorney:  Michelle L. Duffield, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Petitioner obtained an award of 30% permanent partial disability in 2003 arising from a work-related motor vehicle accident dating back to 1999. The award was for a bulging disc at C6-7 and disc protrusions at L4-5 and L5-S1. Petitioner later reopened the award and sought total and permanent disability benefits with the Second Injury Fund. We successfully argued that petitioner’s subsequent increased disability was not related to the 1999 work accident but to subsequent non-work injuries.

To view case, click here.

 

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Capehart Scatchard Supports Kids’ Chance of New Jersey

L to R: Carol Wright, Stephen Fannon, Ashley Mollenthiel Fiore, Andrea Schlafer, Lora Northen, Katherine Hellander Geist, Carla Aldarelli, and John Geaney.

Attorneys from Capehart Scatchard’s Workers’ Compensation Department recently attended the Seventh Annual Gala for Kids’ Chance of New Jersey.  The event was held on July 11, 2019 at the Renaissance Woodbridge Hotel in Iselin, N.J.

The Gala was a fundraiser for Kids’ Chance, a non-profit organization, created to provide educational opportunities and scholarships for the children of workers who were fatally or catastrophically injured on the job.  John Geaney and Lora Northen, shareholders in the firm, serve as members of the Kids’ Chance Board of Directors, and Director of Marketing, Carol Wright, serves as an Advisory Board member.

The highlight of this year’s Gala featured the presentation of scholarships to twenty students whose parents suffered fatal or physically catastrophic injuries while working.  Each student was awarded up to $10,000 for the upcoming school year.  Capehart Scatchard co-sponsored the scholarship given to Will Gardner whose father, Bill Gardner, who worked for Fed-Ex as a truck driver, lost his life in a work- related truck accident.

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Seminar: Key Workers’ Compensation Defenses and More

Seminar: Key Workers’ Compensation Defenses and More

Ashley Mollenthiel Fiore, Esq. and Andrea Schlafer, Esq. will be presenting at the South Jersey Claims Association Event on March 13, 2018. The presentation will focus on Key Workers’ Compensation Defenses – what you need to know to assist in limiting case exposure potential and to win cases! The presentation will also delve into Hot Topic Issues being litigated in Workers’ Compensation Court.

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Fundamentals & Essentials in New Jersey Workers’ Compensation Seminar

Fundamentals & Essentials in New Jersey Workers’ Compensation Seminar

This is a one-day seminar designed for practitioners, physicians and insurance professionals. Our audience is always participatory and interactive, and attendees come from all areas of the workers’ compensation world including adjusters, supervisors, attorneys, physicians, nurses, investigators, HR managers, managed care professionals, and all sizes of employers in both the public and private sector.

First 15 registrants will receive a courtesy copy of Geaney’s New 2017 Workers’ Compensation Manual, a $220 Retail Value.

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Fundamentals & Essentials in New Jersey Workers’ Compensation Seminar

Fundamentals & Essentials in New Jersey Workers’ Compensation Seminar

This is a one-day seminar designed for practitioners, physicians and insurance professionals. Our audience is always participatory and interactive, and attendees come from all areas of the workers’ compensation world including adjusters, supervisors, attorneys, physicians, nurses, investigators, HR managers, managed care professionals, and all sizes of employers in both the public and private sector.

First 15 registrants will receive a courtesy copy of Geaney’s New 2017 Workers’ Compensation Manual, a $220 Retail Value.

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The Essential New Jersey Workers’ Comp Seminar

The Essential New Jersey Workers' Comp Seminar

This is a one-day seminar designed for practitioners, physicians and insurance professionals. Our audience is always participatory and interactive, and attendees come from all areas of the workers’ compensation world including adjusters, supervisors, attorneys, physicians, nurses, investigators, HR managers, managed care professionals, and all sizes of employers in both the public and private sector.