Archive for March, 2017
Employee With Work Injury Was Properly Denied Reasonable Accommodation Request
Kim Mason was injured on March 22, 2011 falling off her UPS delivery truck and injuring her wrist, requiring surgery. She reached maximal medical improvement in October 2011. Several months later she requested accommodations for her wrist disability under the ADA. Her surgeon completed a form which indicated that Mason could not perform all the […]
The Going-And-Coming Rule And Multiple Employer Work Sites
An employee works regularly in Cherry Hill, N.J. but three or four times a year is required to work at the company’s north Jersey location in Parsippany. On the way to the Parsippany office, the employee is in a car accident and suffers serious injuries. The employer gets the claim and confers with the carrier […]
Job Description Of Sales Person Did Not State Driving Was An Essential Function So Jury Must Decide Whether Company Should Accommodate Request for Driver
Employers must carefully view job descriptions because ADA law suits often turn on the wording of those job descriptions. In Stephenson v. Pfizer, 2016 U.S. App. LEXIS 3863 (4th Cir. 2016), a long-time sales person for Pfizer developed vision problems which disqualified her from driving. Stephenson had been an extremely successful sales representative who had […]
What Impact Will New Jersey’s New Opioid Prescription Bill Have on Workers’ Comp?
On February 15, 2017 Governor Chris Christie signed a new law requiring health insurance coverage for treatment of substance abuse disorders and certain restrictions on the prescription of opioids and other Schedule II drugs. The bill is touted as one of the most aggressive in the nation, and compensation practitioners are asking what will be […]
Court Dismisses Intentional Harm Law Suit Against Employer
Injured workers continue to attempt to sue their employers in civil court for bodily injury no matter how often our courts make clear that such suits are barred unless intentional harm can be proved. For every successful claimant who meets the intentional harm standard, there are thousands whose cases are dismissed on summary judgment. Such […]
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