A Capehart Scatchard Blog

Archive for April, 2014

Ninth Circuit Court Rules Employee Can Decline FMLA Rights Even If Absence Would Have Been FMLA Protected

By on April 25, 2014 in FMLA, NJ Workers' Comp with 0 Comments
Ninth Circuit Court Rules Employee Can Decline FMLA Rights Even If Absence Would Have Been FMLA Protected

Maria Escriba worked for Foster Poultry Farms, Inc. for 18 years.  She met with her immediate supervisor on November 19, 2007, to request two weeks’ vacation time to care for her father in Guatemala who was very ill.  Her daughter purchased round-trip airfare for Escriba for November 23, 2007 with a return date of December […]

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Pulmonary Award Is Reversed for Failure of Judge to Explain Why She Credited the Testimony of Petitioner’s Expert Over Respondent’s Expert

By on April 18, 2014 in Claims, NJ Workers' Comp with 2 Comments
Pulmonary Award Is Reversed for Failure of Judge to Explain Why She Credited the Testimony of Petitioner’s Expert Over Respondent’s Expert

Frank Ascione worked for U.S. Airways at Newark Liberty International Airport as a fleet service agent since 1981.  He handled baggage and drove equipment to push back planes.  He would work in the “bag room,” transporting baggage to and from the plane.  He assisted in de-icing of planes about 20 times in his career and […]

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Supreme Court Finds County Employee’s Injury Not Compensable

Supreme Court Finds County Employee’s Injury Not Compensable

In a surprising decision from the New Jersey Supreme Court, an award to Cheryl Hersh, an employee of Morris County, was reversed on April 1, 2014. Ms. Hersh was employed by the County since September 2002 as a Senior Clerk in the Board of Elections.  In 2004 the County assigned her free parking at a […]

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