Archive for April, 2012
Federal Court Holds That Carpal Tunnel Syndrome May Constitute A Disability Under The ADA
More and more ADA cases stem from garden variety workers’ compensation claims, and disability discrimination claims now make up one quarter of all EEOC charges. The case of Gibbs v. ADS Alliance Data Systems, Inc., 2011 U.S. Dist LEXIS 82540 (D. Kansas) drives home the point that many claimants with work-related injuries will now find […]
Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian
The court makes clear that an unexpected event is covered even if the employee could foresee the harm Accidental disability pensions in the public sector remain controversial because employees receive two thirds or more of their pay for life with no federal tax obligation and no state tax obligation until age 65. The receipt of […]
Employee With Work Injury Who Was Fired For Excessive Absenteeism Was Not Prejudiced By Employer’s Failure To Designate Absence Under FMLA
The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly. Deborah Myers worked as a dialysis nurse at Kettering Medical Center in Ohio (KMC). She was injured during the course of her employment on August 15, 2009. She received temporary total disability benefits under Ohio’s workers’ compensation system. […]
Failure To Advise Employee Of FMLA Calculation Method Dooms Employer In Law Suit
Carl Thom worked for American Standard as a molder for a period of 36 years. He had a non-work-related shoulder injury which required surgery, and he sought FMLA leave from April 27, 2005 to June 27, 2005. The company granted the FMLA leave request in writing. As it turned out, plaintiff’s recovery period was accelerated […]
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