Archive for February, 2012
Employer’s Knowledge Of Workers’ Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled
The plaintiff had suffered two workers’ compensation accidents and returned to work with restrictions which she argued her employer held against her in terminating her employment. One of the ways that a plaintiff may find coverage under the ADA is to be regarded as having a disability, even if the employee in fact has no […]
Two Year Statute Of Limitations Runs From Last Date Of Comp Payments And Cannot Be Relaxed By Court
Many states have a provision that allows an employee to file a workers’ compensation claim within two years from the last payment of workers’ compensation benefits. But is this statute absolute? Kirsten Toth was injured on July 23, 2004 working for Princeton Health Care. She struck her head on her car door while bending to […]
Board Of Education Is Assessed Penalties For Late Payments
Lori Ferguson was hired as a physical education teacher for the Trenton Board of Education in 1998. She taught full-time and also was approved by the Board as a summer school teacher in 2000, 2002, and 2003. On January 7, 2004, Ferguson was injured while setting up a scoreboard for her students. A television fell […]
Appellate Court Dismisses Workers’ Comp Claim For Fraud Where Petitioner Misrepresented Facts During Trial
The New Jersey Division of Workers’ Compensation has its own fraud act within the workers’ compensation law. The case of Dubrel v. Maple Crest Auto Group, A-3321-10T3 (App. Div. January 30, 2012) illustrates how this law can be invoked where a claimant misrepresents the limitations of his ability to function. The petitioner slipped and fell […]
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