A Capehart Scatchard Blog

Archive for June, 2016

Court Finds That Severe Neck Pathology Was Not Due To Occupational Activities But Rather To The Natural Aging Process

Lois Scafuri filed three workers’ compensation claims alleging occupational exposures as a sales assistant caused her severe neck pathology.  She worked at the Short Hills Mall for two employers: Sisley Cosmetics and Neiman Marcus Group.  She later worked for Bloomingdale’s/Macy’s in the same capacity.  All three employers denied her claims asserting that her neck pathology […]

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Rotator Cuff Tear May Be A Covered Disability Under ADA

By on June 21, 2016 in ADA, NJ Workers' Comp with 1 Comment

Michael Cannon applied for a job with Jacobs Field Services (hereinafter JFS) as a field engineer for a Colorado mining site. The company made him a job offer conditioned on his passing a post-offer medical examination.  During the post-offer exam, Cannon revealed to the doctor that he had an inoperable rotator cuff tear and had […]

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Judge of Compensation Rejects Medical Reimbursement Claim and Adopts Paid Fees as Being Most Reliable Measure of Reasonable and Necessary Care

The New Jersey Division of Workers’ Compensation has thousands of medical reimbursement claims in various stages of negotiation and litigation.  Few cases actually get tried because most medical providers do not want to come to court to defend their charges. The vast majority of cases get settled through negotiations.  One recent case, however, involved testimony […]

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Obesity Is Not An Impairment Unless It Results From An Underlying Physiological Disorder

By on June 6, 2016 in ADA, NJ Workers' Comp with 0 Comments

An important ADA decision has come from the Court of Appeals in the Eighth Circuit in Morriss v. BNSF Railway Company, 817 F.3d 1104 (8th Cir. 2016).  The case stems from a post-offer medical examination.  Melvin Morriss applied for a machinist position and received a conditional offer of employment.  He was required to undergo a […]

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