Archive for November, 2011
Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law
It is long past obvious that the Medicare Secondary Payer Statute is here to stay. But how well is the MSP faring in the courts? Judging by the decision in Hadden v. United States of America, CMS would say that it is faring quite well, thank you. The Hadden case was decided on November 21, […]
Plaintiff’s Claim For Intentional Harm Survives Motion To Dismiss Made By Defendant
The exclusive remedy provision is a powerful one in New Jersey. It is the rare case where a plaintiff successfully proves intentional harm. Nonetheless, a well-plead complaint will often survive a motion to dismiss as is shown in Blackshear v. Syngenta Crop Protection., et. al. 2011 U.S. Dist. LEXIS 125505 (D.N.J. October 31, 2011). The […]
Once Per Week Hairstylist Found To Be Employee And Not Independent Contractor At Senior Facility
In New Jersey employment is favored heavily over independent contractor status. Proof of this rule is Johantgen v. Brandywine Senior Care Center, A-4883-09T1 (App. Div. October 31, 2011). Diane Johantgen provided hairstyling and grooming services once per week to residents of a long-term nursing home. She fell from a chair and fractured her wrist while […]
Are Complications From Flu Shots Provided By Employers Considered Compensable?
Many employers offer flu shots and other inoculations to employees on company premises during work hours. Complications from flu shots are very rare but the Centers for Disease Control have noted that about one in 100,000 people who get a flu shot will develop Guillain-Barre syndrome, which is a debilitating nerve disorder. There are also […]
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