Archive for June, 2015
UPS Did Not Violate FMLA in Firing Employee Who Was on Intermittent FMLA Leave
Intermittent leave can be extremely difficult for employers. One important point for employers to realize is that an employee on intermittent leave who comes to work in between flare-ups may be held to all customary performance standards. The case of Parks v. UPS Supply Chain Solutions, Inc. 2014 U.S. DIST LEXIS 13538 (E.D. Kentucky 2014) […]
New Jersey Supreme Court Reverses Key Ruling by Appellate Court that Vested Original Jurisdiction on Employee Status With the Division of Workers’ Compensation
In 2014 an important appellate court decision was decided on whether all cases involving the interpretation of employee status must be referred to the Division of Workers’ Compensation. On June 11, 2015, the New Jersey Supreme Court reversed the Appellate Division in Estate of Myroslava Kotsovska v. Saul Liebman (A-89-13) (073861). The facts were tragic. […]
Section 20 Settlement Versus Order Approving Settlement
Every New Jersey workers’ compensation practitioner must evaluate the benefits of a Section 20, (which is a lump sum full and final payment), versus an order approving settlement, (which involves an award of a percentage of disability under Section 22). About twice as many cases settle under orders approving settlement in New Jersey than under […]
Appellate Court Affirms Some Sanctions Against Employer and Reverses Other Sanctions
Sanctions against an employer in workers’ compensation are rather rare, and the case of Pschunder-Haaf v. Synergy Home Care of South Jersey, A-3138-13T3, (App. Div. May 12, 2015) provides some guidance on conduct that may lead to such sanctions. The petitioner, Pschunder-Haaf, a home health aide, injured her low back when a patient fell on […]
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