A Capehart Scatchard Blog

Trainer Injured at Health Club Shed Her Employee Status and Was Not Covered at the Time of Her Fall

By on August 29, 2013 in Compensability with 0 Comments

Mary Patterson worked for The Atlantic Club as a personal trainer, training clients from 6:00-7:00 a.m., from 8:00-11:00 a.m., and from 12:00-3:00 p.m.  She was injured at 11:15 a.m. when she tripped and fell, breaking her wrist on the premises.  The Atlantic Club denied the claim asserting that she was not in the course of […]

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HIV Positive Employee Shows Enough Evidence to Defeat Employer’s Motion for Summary Judgment

By on August 20, 2013 in ADA with 0 Comments

Winning on summary judgment on fact sensitive ADA cases can be quite difficult as seen in Croy v. Blue Ridge Bread, Inc. d/b/a Panera Bread, 28 ADA Cases 414, (W.D. Va. No. 3:12-cv-00034, July 15, 2013). Mark Croy worked for Blue Ridge Bread (hereinafter BRB) as a café worker. In 2008, he received a promotion […]

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Appellate Division Affirms Decision That a Motion for Past Benefits Should Not Be the Subject of a Motion Trial

By on August 16, 2013 in Compensability with 0 Comments

Caitlin Wilson was injured on September 8, 2011 when she dropped a heavy frame on her foot while in the employment of respondent Studio I, Inc. She received $420 per week from September 14, 2011 to October 24, 2011 in temporary disability benefits.  Her doctor advised that she could work light duty at the end […]

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Failure to Provide FMLA Notice Dooms Employer’s Effort to Terminate Employee for Excessive Use of Leave

By on August 8, 2013 in FMLA with 0 Comments

The case of Young v. Wackenhut Corporation, 2013 U.S. Dist. LEXIS 14414 (D. N.J. Feb. 1, 2013) demonstrates the importance of providing required FMLA notice to eligible employees. Jacqueline Young, a Payroll Specialist, advised her employer, The Wackenhut Corporation (hereinafter “TWC”), of her interest in maternity and FMLA leave in November 2008, when she first […]

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Employer May Be Entitled To Offset For Overpayment Of Benefits To Petitioner

By on July 29, 2013 in Compensability with 0 Comments

Adam Weiner worked for the Elizabeth Board of Education and received an award of 100% total and permanent disability on October 18, 2000.  That entitled him to $480 per week for 450 weeks and thereafter.  That award was reduced on January 9, 2001 to $340.98 per week due to the social security disability offset rate. […]

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Appellate Court Approves Dismissal of Firefighter’s Occupational Knee Injury Claim

By on July 24, 2013 in Key Defenses with 0 Comments

John Machiaverna worked for the City of Newark as a firefighter since 1988.  He filed a workers’ compensation claim for his left knee in 2008, alleging that repeated work stressors over many years caused extensive knee problems and a need for knee replacement surgery in May 2007.  He contended that his knee problems were due […]

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The “General Employer” Is Immune From Civil Suit From An Employee Loaned To A “Special Employer” In New Jersey

By on July 18, 2013 in Uncategorized with 0 Comments

In December 2006, Bobby Robinson was injured working at a construction site in Asbury Park, N.J. when a jack hammer “kicked back” and knocked him off a ladder.  He filed two workers’ compensation petitions:  one against Tishman Construction Corporation and the other against Air Joy Heating and Cooling, Inc.  The two companies asserted joint responsibility for […]

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Fitness-For-Duty Exams in Workers’ Compensation

By on July 10, 2013 in ADA with 1 Comment

The words “fitness for duty” do not appear in the New Jersey Workers’ Compensation Act, but the issue is of paramount importance to employers and employees in many workers’ compensation cases.  In New Jersey the need for a fitness exam is often compelling because medical and temporary disability benefits end at maximal medical improvement often […]

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University Did Not Violate ADA By Requiring Fitness Exam

By on June 27, 2013 in ADA with 0 Comments

Dr. Leon Coursey worked as an Assistant Professor in the Department of Physical Education at the University of Maryland Eastern Shore.  He began there in 1972.  Students logged complaints about Dr. Corsey in 2004, and several colleagues registered complaints in 2007. In 2009, 12 students reported that Dr. Coursey exhibited erratic behavior in the classroom.  […]

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Governor Christie Signs Law Providing Special Benefits to Spouses of Deceased Police and Fire Fighters

By on June 18, 2013 in Uncategorized with 0 Comments

In a piece of special legislation, Governor Christopher Christie signed into law Senate, No. 1469, on June 13, 2013.  The bill pertains to dependency benefits for surviving spouses of certain fire and police personnel who die in the line of duty. Under current law in New Jersey, surviving spouses are entitled to dependency benefits of […]

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Appellate Court Dismisses Occupational Claim As Not Timely Filed

By on June 13, 2013 in Key Defenses with 0 Comments

Is there a statute of limitations in an occupational disease claim?  While some practitioners believe only traumatic claims have a statute of limitations, the case law is clear that there is a statute of limitations in occupational disease claims as outlined in Earl v. Johnson & Johnson, 158 N.J. 155 (1991).  Occupational disease claims can […]

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Injury in Elevator of Multi-Tenant Building Found Not Compensable

By on June 6, 2013 in Compensability with 0 Comments

Petitioner Valerie Pyles worked for respondent The Mentor Network as a therapist in the Somerset, N.J. office.   Her office was on the third floor of a four-story office building.  She generally took one of the building’s two elevators from the lobby to the third floor to get to her office. On the accident date, Pyles […]

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Appellate Division Rejects Claim By Counsel That Compensation Judge Was Biased and Partial to Respondent

By on May 28, 2013 in Uncategorized with 0 Comments

There are very few cases in workers’ compensation where a party asks a judge to recuse himself or herself.  One recent case, Executrix of the Estate of Rosemarie Bellino v. County of Hudson, A-0275-11T4, (App. Div. April 30, 2013) provides guidance on the legal standard. Rosemarie Beillino worked as a sheriff’s officer for the County […]

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Employer Which Discovered Material Misrepresentations Years Later On Post-Offer Form Properly Terminated Employee For Dishonesty

By on May 16, 2013 in ADA with 0 Comments

Many employers utilize post-offer medical examinations as part of their hiring process to screen out potential employees who cannot perform the essential functions of the job with or without reasonable accommodation.  Sometimes, however, the value of a post-offer medical examination does not come to light until long after hiring.  In Reilly v. Lehigh Valley Hospital, 27 […]

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Tenth Circuit Court Of Appeals Finds Employer Properly Rejected Request For Telecommuting And Additional FMLA Leave

By on May 2, 2013 in FMLA with 0 Comments

In Valdez v. Brent McGill and Mueller Supply Company, Inc., 2012 U.S. App. LEXIS 2783 (10th Cir. 2012), the court considered whether a request for telecommuting and additional leave was a reasonable accommodation. Doyle Brown worked as a warehouse supervisor for Mueller Supply Company.  He supervised Mueller’s warehouse, including all shipping and receiving.  He advised […]

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