Archive for September, 2013
Employer May Have Violated ADA and FMLA Rights of Employee in Terminating Her Under Discipline Policy
Nancy Haley worked as a Registered Nurse for Community Mercy Health Partners doing business as Springfield Regional Medical Center (hereinafter SRMC). She began there in June of 1978. In November 2009, she was diagnosed with breast cancer and underwent two surgical procedures. She took approximately five and a half weeks of FMLA leave during this […]
Termination of Correctional Counselor Upheld
Employers cannot always make accommodations to persons with disabilities, and the obligation only arises if the employee can show that he or she is qualified to perform the essential functions of the job with or without accommodation. In the case of Atkins v. Eric Holder, Attorney General, 2013 U.S. App. LEXIS 12340 (4th Cir. 2013), […]
Appellate Division Affirms Decision of Judge of Compensation on Making an Adverse Inference From Failure of Petitioner to Produce Treating Cardiologist in Case
Of what significance is it when a claimant who has been treating with a cardiologist for decades files a pulmonary claim but never produces the cardiologist to testify? That was the key issue in Donato v. Jersey City Municipal Utilities Authority, A-5984-11T4 (App. Div. August 21, 2013). John Donato worked for the JCMUA from 1961 […]
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