Archive for December, 2016
New Jersey Judge of Compensation Orders Employer To Pay Costs Of Medical Marijuana Program And Costs Of Filling Prescriptions
On December 15, 2016, a decision following trial in New Jersey was handed down on the question of whether medical marijuana can be ordered under workers’ compensation. Petitioner Andrew Watson worked for 84 Lumber and was injured on November 6, 2008. He received an award of one third of partial total in 2012 apportioned 50% […]
Misconceptions About IMEs In New Jersey Workers’ Comp
There are a number of misconceptions about the rules on independent medical examinations. Several provisions in the New Jersey Workers’ Compensation Act are helpful in clarifying these misconceptions: Misconception One: An employer must set up an IME in the county where the employee resides. Section 19 states that an IME may be arranged at any […]
Employer Defeats ADA Law Suit For Alleged Improper Requirement of Fitness Examination
Fitness for duty examinations must meet a standard of being job related and consistent with business necessity. If the employer does not have enough to meet this standard, the employer may be sued for discrimination under the ADA for improperly requiring a fitness examination. The employer in Painter v. Illinois Department of Transportation, 2016 U.S. […]
Court Validates Firing of City Worker While on Alternative Duty for Work-Related Injury
Derrick Dillard injured his back and shoulder in a work-related car accident in March 2011. He was unable to perform his previous duties as a Street and Drainage Maintenance Senior for the City of Austin, Texas. He took FMLA leave and then placed in the City Return to Work Program, which was designed to help […]
Hospital Defeats Occupational Claim By Filing Motion To Dismiss After Petitioner’s Case
Diana Vernacchia worked as a housekeeper for Warren Hospital performing vacuuming and cleaning duties in the radiology department and hallways, dusting and cleaning the x-ray machines and diagnostic devices, and lifting and discarding biohazardous waste and linen bags weighing an average of 50 pounds each. She filed an occupational disease claim alleging that she developed […]
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