A Capehart Scatchard Blog

Archive for May, 2013

Appellate Division Rejects Claim By Counsel That Compensation Judge Was Biased and Partial to Respondent

There are very few cases in workers’ compensation where a party asks a judge to recuse himself or herself.  One recent case, Executrix of the Estate of Rosemarie Bellino v. County of Hudson, A-0275-11T4, (App. Div. April 30, 2013) provides guidance on the legal standard. Rosemarie Beillino worked as a sheriff’s officer for the County […]

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Employer Which Discovered Material Misrepresentations Years Later On Post-Offer Form Properly Terminated Employee For Dishonesty

By on May 16, 2013 in ADA, NJ Workers' Comp with 0 Comments

Many employers utilize post-offer medical examinations as part of their hiring process to screen out potential employees who cannot perform the essential functions of the job with or without reasonable accommodation.  Sometimes, however, the value of a post-offer medical examination does not come to light until long after hiring.  In Reilly v. Lehigh Valley Hospital, 27 […]

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Tenth Circuit Court Of Appeals Finds Employer Properly Rejected Request For Telecommuting And Additional FMLA Leave

By on May 2, 2013 in FMLA, NJ Workers' Comp with 0 Comments

In Valdez v. Brent McGill and Mueller Supply Company, Inc., 2012 U.S. App. LEXIS 2783 (10th Cir. 2012), the court considered whether a request for telecommuting and additional leave was a reasonable accommodation. Doyle Brown worked as a warehouse supervisor for Mueller Supply Company.  He supervised Mueller’s warehouse, including all shipping and receiving.  He advised […]

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