Court Rulings
Court Rejects “On Call” Status As Justification For Alleged Work-Related Injury In Museum
Bo Liu worked for 4D Security Solutions, Inc. as an engineer. He was sent to test the company’s hardware and software at an army base in the United Arab Emirates (UAE). He worked alone on the base and after hours he would upload data to 4D in the United States using a company-issued Blackberry. One […]
Court of Appeals Affirms Termination of Employee Based on Employee’s Own Doctor Report
Walter Aston worked for Tapco International for 20 years as a shipping and receiving clerk, display builder and a maintenance worker. He suffered a heart attack in May 2010. The company granted 12 weeks of FMLA leave as well as an additional 14 weeks of short-term disability leave. The company policy was not to hold […]
Appellate Division Holds That New York Worker Who Accepted A Job Offer While In New Jersey Was Hired In New Jersey Conferring Jurisdiction In New Jersey
When an employee returns to work following a work injury, in many states that ends the workers’ compensation case, but not in New Jersey. In our state, that just moves the case to the final stage of permanency benefits for loss of function of the body member. The availability of loss of function awards following […]
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 […]
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 […]
Court Upholds City’s Termination of Worker with Lupus Based on Doctor’s Note Prohibiting Outdoor Work
Jimmy Mathis worked as a laborer for the City of Red Bank in Tennessee. Eventually he rose to the position of Assistant to the Director of Public Works. Initially he would inspect for building code violations, handle animal control problems, oversee street projects and handle citizen requests. A written job description described his duties, which […]
Appellate Court Rules Employer Has Subrogation Rights in Three Key Cases
Three cases were heard together in the New Jersey Appellate Division regarding the right of employers to obtain reimbursement under N.J.S.A. 34:15-40 in situations involving car accidents where medical treatment was potentially recoverable under PIP. The cases are Lambert v. Travelers Indemnity Company of America, Reed v. Qual-Lynx and Township of Marlboro, and Agar v. […]
Connect with Capehart Scatchard