Understanding the Mutual Benefit Doctrine in Workers’ Comp
Sometimes activities that would otherwise be non-compensable are covered under the Mutual Benefit Doctrine. That doctrine covers certain activities when there is “a clear and substantial benefit” to the employer by reason of the permitted activity. Daus v. Marble, 270 N.J. Super. 241 (App. Div. 1994). An example might be an injury to an employee when […]
Employee Can Proceed on ADA Claim That He Was Discriminated Against on Account of Severe Obesity
Mark Richardson worked for the Chicago Transit Authority as a Bus Operator from 1999 to 2012. He took an extended medical leave from work and attempted to return to his job in September 2010. The Authority sent plaintiff for a fitness exam, and the doctor cleared Richardson to return to work. He was next required […]
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 […]
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 […]
Supervisor’s Testimony Rebuts Written Job Description on 35 Pound Lifting Requirement Being Essential Job Function
Kenneth Camp worked for 38 years for Bi-Lo, LLC., a grocery store in Tennessee, as a stock clerk. He worked with two others stocking the grocery with product each night. In March 2012 the Store Director, Mr. Gilreath, arrived at the store and noted that the three stock-shift clerks had not finished shelving all the […]
Employer Loses Intoxication Defense Where Blood Alcohol Level of Claimant Was .173 Percent
One of the most anachronistic aspects of New Jersey workers’ compensation law is that employers pay workers’ compensation benefits even when intoxication is a substantial cause of injury. In Diaz v. National Retail Transportation, Inc., A-3927-14T2 (App. Div. November 9, 2016), Antonio Diaz was injured moving a heavy lift which fell over on him. He […]
CMS May Soon Adopt New And More Strict Guidelines On Approving Zero Allocation Medicare Set Asides
A number of prominent Medicare experts disseminated Legal Alerts last week to the effect that changes may be occurring with respect to the requirements for CMS to approve zero allocations. These changes would spell bad news in New Jersey for employers who want to settle disputed cases on a Section 20 basis. According to Martin […]
Director Wojtenko Issues Memo to All Attorneys on Strict Compliance with the Rules on Motions for Medical and Temporary Disability Benefits
The Honorable Russell Wojtenko, Jr., Director and Chief Judge, issued a Memo effective October 21, 2016 to all workers’ compensation attorneys advising that the administrative rules on motions for medical and temporary disability benefits will be strictly enforced. What this means to employers, carriers, third party administrators and practitioners is that motions for medical and […]
Partial Responsibility for Parking Lot by Employer Results in Compensable Claim
In Giordano v. High Point Insurance Company, No. A-4971-14T3 (App. Div. October 11, 2016), Michelle Giordano, an employee of High Point Insurance Company, was injured in a parking lot adjacent to a multi-tenant office building. After parking in the lot, she fell on twigs and debris, injuring her right shoulder. Her employer denied the claim based […]
Lyme Disease Qualifies As A Disability Under The New Jersey Law Against Discrimination
In Cook v. Gregory Press, Inc., 2016 N.J. Super. Unpub. LEXIS 1885 (App. Div. August 11, 2016), the Appellate Division reversed a trial court’s dismissal of a plaintiff’s disability discrimination case involving an employee eventually diagnosed with Lyme disease. The case involved Matthew Cook, who worked as a printing machine operator since 2002. In 2011, […]
The Evolution of the Reconstructed Wage Rule in New Jersey
What is a reconstructed work week and wage and why does it matter? Originally, this referred to a principle by which certain injured employees can seek recalculation of their work week, thereby increasing their wage and permanency rate at the time of settlement. For example, an employee works 20 hours per week earning $20 per […]
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