Archive for July, 2015
Federal Court Rejects ADA Suit by Security Officer but Allows Workers’ Comp Retaliation Claim to Go to Trial
Patrick Vasnaik worked for Providence Health & Services – Oregon as a security officer from 2006 to 2012. His performance evaluations over the years fluctuated between requiring improvement to exceeding expectations. However, he required several coachings over the years for not arriving on time to work. In May 2010 he received a “documented coaching” after […]
Appellate Court Explains How an Employer Can Protect Its Lien Rights by Filing Suit in the Name of the Injured Worker
Employers are aware that if the claimant has not pursued his or her third party civil action within a year of the injury, the employer can provide a 10-day notice and then sue in the name of the injured worker. But what happens if the injured worker will not cooperate with the law suit? Can […]
Door Remains Closed to Suits by Employees Against Employers for Intentional Harm
In New Jersey it remains extremely difficult to bring an intentional harm claim against one’s employer. Mere knowledge and appreciation of a risk is not intent. That was the holding in Keller v. Township of Berkeley, A-5767-12T3 (June 22, 2015). Mr. Keller worked as a laborer for the Township sanitation department and suffered serious injuries […]
Connect with Capehart Scatchard