Archive for October, 2012
School Board Did Not Violate ADA When It Did Not Provide An Odor and Perfume Free Working Environment For Teacher
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 […]
Court Holds That Obesity Not Caused by a Physiological Condition May Still be a Covered Disability Under the ADA
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 […]
Cashier With Doctor’s Note Requiring Her to Sit Half the Day Was Not a Qualified Individual Under ADA
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 […]
2013 Edition of Geaney’s New Jersey Workers’ Compensation Manual Now Available
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 […]
Court Holds That First Employer is Responsible for Entire Case Notwithstanding Subsequent Injuries
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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