Archive for September, 2012
Appellete Division Holds That Costs of Suit Under Subrogation Provision in New Jersey are Limited to $750
From time to time, plaintiff’s counsel takes the position that respondent’s lien is applied to the net proceeds after deduction for plaintiff’s total costs of suit. In Greater New York Mutual Insurance Company v. Calcagno & Associates, A-0900-11T4 (App. Div. September 20, 2012), that very issue was decided. John Phillips was injured arising from work, […]
Circuit Court Holds Employer Does Not Have to Accomodate Employee’s Commuting Issues
Alisha Regan worked for Faurecia Automotive Seating, Inc., as a prototype seat builder. At the time she began with the company, she lived 24 miles from the plant. She and her husband then moved to a new home 79 miles from the plant. Her commute might take two hours or longer. Regan had been diagnosed […]
Employee Who Was Going to College While on FMLA Leave Was Properly Terminated
Plaintiff worked as a supervisor for Comcast’s Retention Department. She worked Monday through Friday. In July 2010 she requested time off on Tuesdays and Thursdays to take care of her child, who suffered from asthma. The request was initially denied, so plaintiff used flex time or vacation time on Tuesdays and Thursdays until she ran […]
City Properly Terminated Employee with Severe Restrictions in Connection with Return to Work
Workers’ compensation cases sometimes lead to ADA litigation when an injured worker contends that he or she can return to work with serious restrictions, but the employer maintains it has no job available within these restrictions. That was the dynamic in Otto v. City of Victoria, 685 F.3d 755 (8th Cir. 2012). Leland Otto was injured […]
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