A Capehart Scatchard Blog

Archive for October, 2012

School Board Did Not Violate ADA When It Did Not Provide An Odor and Perfume Free Working Environment For Teacher

By on October 30, 2012 in ADA, NJ Workers' Comp with 0 Comments

Nada Feldman worked as a middle school teacher for the Charlotte-Mecklenburg Board of Education.  On February 18, 2009, plaintiff’s doctor provided a note to the Board of Education stating that plaintiff “should not be exposed to high concentrations of perfume or chemicals because of a documented condition.”  In a supplemental note, the physician specified that […]

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Court Holds That Obesity Not Caused by a Physiological Condition May Still be a Covered Disability Under the ADA

By on October 17, 2012 in ADA, NJ Workers' Comp with 0 Comments

Eric Feit applied for a job with BNSF Railway Company.  The Company gave him a conditional offer of employment as a conductor trainee provided he completed a physical examination, drug screening, background check and BNSF’s Medical History Questionnaire. On February 6, 2008, BNSF advised Feit that he was not qualified for this “safety sensitive” position […]

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Cashier With Doctor’s Note Requiring Her to Sit Half the Day Was Not a Qualified Individual Under ADA

By on October 12, 2012 in ADA, NJ Workers' Comp with 0 Comments

Fern Strickland was hired by Eckerd Corporation in 1992. She worked as a cashier for the Jones Bridge Rite Aid.  In June, 2001, she was diagnosed with osteoarthritis in both knees.  Her condition made it difficult for her to walk without a cane or stand for long periods of time. In 2001, Strickland requested permission […]

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2013 Edition of Geaney’s New Jersey Workers’ Compensation Manual Now Available

By on October 9, 2012 in NJ Workers' Comp, Uncategorized with 0 Comments

The 2013 Manual is a compilation of prior editions with particular emphasis on cases decided in 2011-2012, as well as the addition of important chapters for practitioners of workers’ compensation. Some of the 2013 Edition highlights are as follows: New chapter on catastrophic claims in workers’ compensation New chapter on calculating awards in workers’ compensation […]

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Court Holds That First Employer is Responsible for Entire Case Notwithstanding Subsequent Injuries

By on October 2, 2012 in Compensability, NJ Workers' Comp with 0 Comments

Defining what is a flare up from a new injury as opposed to objective worsening in the condition has always been more art than science.  In Allison v. L&J Contracting Company, A-1352-11T4 (App. Div. September 27, 2012), the petitioner Allison injured his low back falling in a hole on July 27, 2006.  He filed a […]

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