Petitioner Failed To Prove Her Husband’s Death From Multiple Myeloma Was Related To Possible Benzene Exposure During A Five Year Period
Decedent, Gerald Hallquist, worked as a laboratory technician for E.I. Dupont de Nemours (hereinafter Dupont) from 1968 until his retirement in 1998. Between 1977 and 1982, he worked in the quality control lab with liquid chemicals, including benzene. He wore safety gloves and a uniform supplied by Dupont. When working with certain chemicals, the decedent […]
Court of Appeals Explains When Employer Can Require Fitness for Duty Exam in Case Involving University of Maryland Professor
When can an employer require a physical or mental fitness-for-duty examination? That was the issue in Coursey v. University of Maryland Eastern Shore, 2014 U.S. App. LEXIS 12407 (4th Cir. 2014). Over a period of years, beginning in 2004, students and faculty members lodged complaints about the conduct of Professor Leon Coursey. The allegations concerned […]
Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation
Grace Hwang worked as an assistant Professor at Kansas State University. Before the fall term began, she found out she had cancer and needed treatment. She requested a six month leave of absence, which Kansas State granted. As the spring term approached, Hwang’s doctor indicated that she would need additional leave time. She requested another […]
Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable
Eric Hanisko worked as a superintendent of a 120-acre golf course in West Windsor, N.J. He accepted a written offer of employment in February 2008 on behalf of BCGM, a corporation specializing in golf course management, and CGC, the owner of the golf club. His employment package included housing at the club. On April 11, […]
OSHA Is Considering New Reporting Procedures for Employers for Work Injuries
Employers continue to deal with federal intrusions in workers’ compensation: the Medicare Secondary Payer Statute and now new rules being considered by OSHA. On November 8, 2013, OSHA published a notice of proposed rule-making to amend the agency’s regulations on reporting injuries and illnesses. OSHA is concerned that injury reporting may be inaccurate because employers […]
Claimant with Parkinson’s Disease Failed to Prove Work Accident Aggravated His Condition and Failed to Prove Entitlement to Second Injury Fund Benefits
Kevin Durnien worked as a tractor-trailer driver for United Parcel Service (UPS) from 1996 to 2008. He was diagnosed with Parkinson’s disease in 2003 but continued to drive for UPS for several years. On October 25, 2007, Durnien was injured when he fell on his elbow while making a warehouse pickup. He injured his rotator […]
MRSA Claim Found Compensable Based on Timeline of Work Injury
Kenneth Nichols worked for Midstates Packaging, Inc. as a mechanic. He was injured on April 7, 2008, while trying to take the transmission out of a Hyster forklift. While underneath the forklift, Nichols heard a pop in his shoulder when the forklift rolled off the blocks and over his left shoulder. He did not notice […]
New Jersey Supreme Court Rejects Dependency Arising from Employee’s Stroke While Telecommuting
In a long awaited decision, the Supreme Court of New Jersey has overturned an award in the matter of James P. Renner v AT&T (A-71-11) (068744). The case has drawn national attention because it dealt with a stroke claim from an employee who telecommuted quite regularly. Cathleen Renner worked for AT&T for 25 years as […]
Appellate Division Reverse Large Award to Claimant with PTSD Post-September 11, 2001
Inez Graham worked for the Port Authority of New York and New Jersey. She began her employment in June, 1987 as a toll collector. She was injured in 1989 when she slipped and fell while working at the Holland Tunnel. She received an award in 1993 of 30% partial permanent disability for her left leg […]
Appellate Division Reverses Judge of Compensation and Remands Case to a Different Judge
Mary Liu worked as a dealer at Bally’s Casino in Atlantic City. On November 10, 2012, she was dealing a game of poker. A customer whom she knew well “signified a check by forcibly striking the table very hard.” Petitioner was not facing the customer and felt startled by the noise. She said her heart […]
Carrier that Mistakenly Represented Employer Cannot Use Comp Court to Obtain Reimbursement
Shaun Cronrath, a Burlington County College employee, was injured at work when he was attacked by a fan while coaching a basketball game. He filed a claim petition, and Travelers Casualty Insurance Company of America (hereinafter “Travelers”) filed an answer on behalf of the College. Travelers negotiated a settlement of $35,000 on behalf of the […]
Senate Passes Bill to Eliminate Voluntary Offer Credits Due Employers in New Jersey
The New Jersey Senate passed S374 by a vote of 23-12 on Monday, June 30, 2014. The bill effectively ends the benefit that employers obtain from making voluntary offers of permanency under N.J.S.A. 34:15-64. New Jersey has an unusual practice of requiring employers to pay 60% of the attorney’s fee of the claimant in an […]
Court Rules that Telecommuting Could Be Reasonable Accommodation under the ADA
Telecommuting is a trend that is rapidly growing in the United States, and telecommuting requests are also on the rise as a potential reasonable accommodation under the ADA. A recent Sixth Circuit Court of Appeals case, EEOC v. Ford Motor Company, 2014 U.S. App. LEXIS 7502 (6th Cir. 2014) illustrates how difficult it can be […]
Appellate Court Defers to Compensation Judge on Assessment of Partial Permanent Disability
One of the most challenging aspects of New Jersey workers’ compensation practice is estimating the level of permanent partial disability, particularly in a system in which the evaluating physicians have such disparate estimates. The New Jersey Division of Workers’ Compensation does not use AMA Guidelines, which makes it even harder to reconcile widely diverging medical […]
Partner in Limited Liability Corporation Was Not Covered in Fall from Ladder
Rodney Farnath fell off a ladder at work and filed a motion for medical and temporary disability benefits against 34th Street Markets, LLC. Farnath was a limited partner in the LLC. Farm Family Casualty Insurance Company, the workers’ compensation carrier for the employer, declined coverage on the grounds that the policy issued to the LLC […]
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