A Capehart Scatchard Blog

Archive for May, 2012

Must an Employer Reassign an Employee with a Disability to a Vacant Position Even if More Qualified Candidates Exist?

By on May 21, 2012 in ADA, NJ Workers' Comp with 0 Comments

The question is an important one and comes down to this: is the reassignment process competitive? Courts are split on the issue with the most recent decision coming in EEOC v. United Airlines, Inc., 673 F.3d 543, 2012 U.S. App. LEXIS 4713 (7th Cir. 2012).  The case involved United Airlines’ company policy, which does not automatically […]

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Township is not Responsible for Surgery Sought by Police Officer Where Work Accident was not Proven to be the Cause for Low Back Surgery

Hugh McNeil was a long-time police officer for the Township of South Brunswick.  On April 3, 2010, McNeil responded to an emergency call.  He was wearing his bulletproof vest and gun belt and said that he hurriedly exited his vehicle, feeling pain in his back.  He said he might have hit the steering wheel but […]

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Dyslexia and Learning Disability Do Not Provide Exemption From Two-Year Statute of Limitations

The statute of limitations is jurisdictional and nothing, other than perhaps insanity, relieves a claimant from the rule All states have statutes of limitations for filing compensation claims.  But are these statutes flexible under certain circumstance? The answer in New Jersey is emphatically no. In Zito v. AIC, A-1070-10T2 (App. Div. September 26, 2011), petitioner began […]

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