A Capehart Scatchard Blog

Federal Court Rejects ADA Suit by Security Officer but Allows Workers’ Comp Retaliation Claim to Go to Trial

By on July 27, 2015 in ADA with 0 Comments

Patrick Vasnaik worked for Providence Health & Services – Oregon as a security officer from 2006 to 2012.  His performance evaluations over the years fluctuated between requiring improvement to exceeding expectations.  However, he required several coachings over the years for not arriving on time to work.  In May 2010 he received a “documented coaching” after […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Court Explains How an Employer Can Protect Its Lien Rights by Filing Suit in the Name of the Injured Worker

Employers are aware that if the claimant has not pursued his or her third party civil action within a year of the injury, the employer can provide a 10-day notice and then sue in the name of the injured worker.  But what happens if the injured worker will not cooperate with the law suit?  Can […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Door Remains Closed to Suits by Employees Against Employers for Intentional Harm

By on July 7, 2015 in Intentional Harm with 0 Comments

In New Jersey it remains extremely difficult to bring an intentional harm claim against one’s employer.  Mere knowledge and appreciation of a risk is not intent.  That was the holding in Keller v. Township of Berkeley, A-5767-12T3 (June 22, 2015). Mr. Keller worked as a laborer for the Township sanitation department and suffered serious injuries […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

UPS Did Not Violate FMLA in Firing Employee Who Was on Intermittent FMLA Leave

By on June 29, 2015 in FMLA with 0 Comments

Intermittent leave can be extremely difficult for employers.  One important point for employers to realize is that an employee on intermittent leave who comes to work in between flare-ups may be held to all customary performance standards.  The case of Parks v. UPS Supply Chain Solutions, Inc. 2014 U.S. DIST LEXIS 13538 (E.D. Kentucky 2014) […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

New Jersey Supreme Court Reverses Key Ruling by Appellate Court that Vested Original Jurisdiction on Employee Status With the Division of Workers’ Compensation

By on June 22, 2015 in Uncategorized with 0 Comments

In 2014 an important appellate court decision was decided on whether all cases involving the interpretation of employee status must be referred to the Division of Workers’ Compensation.  On June 11, 2015, the New Jersey Supreme Court reversed the Appellate Division in Estate of Myroslava Kotsovska v. Saul Liebman (A-89-13) (073861). The facts were tragic.  […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Section 20 Settlement Versus Order Approving Settlement

By on June 12, 2015 in Special Update with 1 Comment

Every New Jersey workers’ compensation practitioner must evaluate the benefits of a Section 20, (which is a lump sum full and final payment), versus an order approving settlement, (which involves an award of a percentage of disability under Section 22).  About twice as many cases settle under orders approving settlement in New Jersey than under […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Appellate Court Affirms Some Sanctions Against Employer and Reverses Other Sanctions

By on June 5, 2015 in Retaliation with 0 Comments

Sanctions against an employer in workers’ compensation are rather rare, and the case of Pschunder-Haaf v. Synergy Home Care of South Jersey, A-3138-13T3, (App. Div. May 12, 2015) provides some guidance on conduct that may lead to such sanctions. The petitioner, Pschunder-Haaf, a home health aide, injured her low back when a patient fell on […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Plaintiff’s Disability Discrimination Claim Doomed by Contradictory Statements to Social Security

Alphonso Myers worked as a security guard and was injured in that position.  He applied for and received social security disability benefits.  In his application, he advised the Social Security Administration that he was in pain all the time during the period of his application, he could only stand for twenty minutes and could only […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Does New Jersey Have Something Similar to Partial Temp Benefits in Workers’ Compensation?

The old adage is that New Jersey is a not a partial temp state, but is that really true?  In some states, like New Hampshire, an employee who returns to work but due to disability cannot earn the amount he or she was earning before the work injury may be eligible for significant benefits.  The […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Judge of Compensation Properly Denied Employee’s Request for Commutation of Settlement

By on May 13, 2015 in Compensability with 1 Comment

Unlike many states, most settlements in New Jersey are paid out over a period of weeks, often with payments carrying out well into the future.  For example, if an employee receives an award of 40% permanent partial disability, the award is paid over 240 weeks in equal payments beginning with the last payment of temporary […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Top