A Capehart Scatchard Blog

Court Rulings

Court Dismisses Intentional Harm Law Suit Against Employer

By on March 1, 2017 in Court Rulings with 0 Comments

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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Court Upholds City’s Termination of Worker with Lupus Based on Doctor’s Note Prohibiting Outdoor Work

By on January 6, 2017 in Court Rulings, Uncategorized with 0 Comments

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 […]

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Appellate Court Rules Employer Has Subrogation Rights in Three Key Cases

By on September 7, 2016 in Court Rulings with 0 Comments

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. […]

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