Archive for March, 2012
Court Rejects Intentional Harm Claim For Worker Injured Using Table Saw
The work conditions complained of were a fact of life of industrial employment and therefore not actionable Plaintiffs’ counsel continue to try overcome the exclusive remedy provision of the Workers’ Compensation Act, largely unsuccessfully. The case of Menkevich v. Delta Tools, A-1950-10T2, shows just how hard it is to prove an intentional harm case […]
Circuit Court Holds That The FMLA Protects A Pre-Eligibility Leave Request For Post-Eligibility Maternity Leave
Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible Kathryn Pereda brought a suit for interference with her FMLA rights against her employer, Brookdale Senior Living Communities, Inc. in Florida. The problem from a legal point of view with her law suit is that […]
Joint Employment Situations In Workers’ Compensation Are Not Limited To Two Employers
New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007. He performed various job duties for a number of companies. His estate sued Safer […]
Goodyear Properly Fired Employee For Misrepresenting Facts On Job Application And Medical Questionnaire
In Williams v. Goodyear Tire and Rubber Company, a Kansas federal court dealt with the ability of an employer to terminate an applicant for misrepresenting facts in the job application process. Williams filled out a job application and listed three jobs in response to the question “Account for all your time – regardless of how spent.” Williams […]
Counsel Fees In New Jersey Workers’ Comp Are Not Limited To 20%
Failure to make timely payment of temp benefits may subject employer to enhanced fees We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates. The case has now made its third appearance before the Appellate Division. The initial issue before the court was whether […]
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