Archive for May, 2016
Appellate Court Upholds Termination of Employee Who Exceeded Light Duty Limit
Most employers put limits on light duty and do not allow permanent light duty. That was the case of the employer in the matter of Frazier-White v. David Gee, 2016 U.S. App. LEXIS 6318 (11th. Cir. 2016). Plaintiff Frazier-White worked as a community service officer for the Hillsborough County Sheriff’s Office (HCSO). She was responsible […]
Key Appellate Case Explains Confidentiality Rules in New Jersey Workers’ Comp
The most expansive discussion of confidentiality in workers’ compensation comes ironically from a civil law suit in the matter of Seymoure v. A.O. Smith Water Products Company, et. al., A-3967-14T3 (App. Div. May 11, 2016). The case arose from an asbestos law suit filed by Gwendolyn Seymoure, who sued several defendants, including Union Carbide Corporation […]
When Should an Employer Order a Fitness-For-Duty or Functional Capacity Exam?
This is the second article devoted to fitness-for-duty examinations and Functional Capacity Exams (FCE) in workers’ compensation. The first segment focused on how such examinations can lead to significant cost savings for employers and common mistakes that are made by employers. This segment will focus on when to order a fitness exam or FCE and […]
Fitness-For-Duty and Functional Capacity Exams: Important Tools in Reducing Workers’ Compensation Costs
We have all seen this situation: an employee with a physical job has major surgery and is given restrictions by the treating doctor, who issues an MMI note (maximum medical improvement). When temporary disability benefits are stopped, the employee immediately calls to see about returning to work. The employer indicates that it cannot take the […]
Appellate Division Sides With Petitioner in Dispute Over Compensability on Motion Trial
It can be difficult to predict the outcome of appeals where the issue before the Judge of Compensation is credibility of witnesses as opposed to pure legal issues. In Frank Hodson v. C. Abbonizio Contractors, Inc., A-2083-14T3 (App. Div. May 2, 2016), Mr. Hodson said that while working as a laborer on May 9 and […]
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