A Capehart Scatchard Blog

Archive for October, 2015

Court Rejects Respiratory Reopener Claim of Detective Investigator Who Alleged Her COPD Condition Worsened Due to Work Exposures

By on October 29, 2015 in Claims, NJ Workers' Comp with 1 Comment

One of the hallmarks of the New Jersey workers’ compensation system is that awards of partial permanent disability can be reopened for more medical, temporary or permanent disability benefits.  In this case, Rebecca Weston, a detective investigator for the Union County Prosecutor’s Office, received an award of 55% of partial total, 31% of which was […]

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Employee Defeats School Board’s Motion for Summary Judgment in Case Involving Possible Use of Air-Conditioned Bus

By on October 21, 2015 in ADA, NJ Workers' Comp with 0 Comments

The Clayton County School District in Atlanta, Georgia employed Edith Hill as a bus driver.  During the school year 2009-2010 Hill was assigned a non-air-conditioned bus for special needs students.  The temperatures inside the bus rose above 100 degrees and Hill found she was experiencing serious difficulty in breathing.  She filed an “Employee Request for […]

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Strategies in Winning Occupational Disease Claims

By on October 15, 2015 in Claims, NJ Workers' Comp with 0 Comments

In part one we examined the law surrounding New Jersey occupational disease claims and trends in our state (see last week’s blog).  In this segment, we will explore strategies and tactics employers can take to win occupational disease claims. Winning workers’ compensation claims depends more than any other factor on obtaining past medical history.  Experience […]

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Defending Occupational Disease Claims in New Jersey

By on October 8, 2015 in Claims, NJ Workers' Comp with 1 Comment

This is a two part analysis of the defense of occupational disease claims in New Jersey workers’ compensation.  The first segment will focus on the proofs in occupational disease cases and why this practitioner believes that these kinds of claims will be filed increasingly in coming years.  The second segment will focus on how employers […]

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Employer Improperly Failed to Allow Employee to Cure Defect in FMLA Medical Certification before Terminating Employee for Excessive Absenteeism

By on October 2, 2015 in FMLA, NJ Workers' Comp with 0 Comments

Cases in the Third Circuit Court of Appeals have great importance for New Jersey employers in connection with the FMLA.  The case of Hansler v. Lehigh Valley Hosp. Network, 790 F.3d 499 (2015 U. S. App. LEXIS 10444) (3d Cir. June 22, 2015) is worthy of study.  It involved a technical partner who was hired […]

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