A Capehart Scatchard Blog

Federal Court Holds That Carpal Tunnel Syndrome May Constitute A Disability Under The ADA

By on April 26, 2012 in ADA with 0 Comments

More and more ADA cases stem from garden variety workers’ compensation claims, and disability discrimination claims now make up one quarter of all EEOC charges. The case of Gibbs v. ADS Alliance Data Systems, Inc., 2011 U.S. Dist LEXIS 82540 (D. Kansas) drives home the point that many claimants with work-related injuries will now find […]

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Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian

By on April 19, 2012 in Uncategorized with 0 Comments

The court makes clear that an unexpected event is covered even if the employee could foresee the harm Accidental disability pensions in the public sector remain controversial because employees receive two thirds or more of their pay for life with no federal tax obligation and no state tax obligation until age 65.  The receipt of […]

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Employee With Work Injury Who Was Fired For Excessive Absenteeism Was Not Prejudiced By Employer’s Failure To Designate Absence Under FMLA

By on April 13, 2012 in FMLA with 0 Comments

The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly. Deborah Myers worked as a dialysis nurse at Kettering Medical Center in Ohio (KMC).  She was injured during the course of her employment on August 15, 2009.  She received temporary total disability benefits under Ohio’s workers’ compensation system.  […]

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Failure To Advise Employee Of FMLA Calculation Method Dooms Employer In Law Suit

By on April 5, 2012 in FMLA with 0 Comments

Carl Thom worked for American Standard as a molder for a period of 36 years.  He had a non-work-related shoulder injury which required surgery, and he sought FMLA leave from April 27, 2005 to June 27, 2005.  The company granted the FMLA leave request in writing.  As it turned out, plaintiff’s recovery period was accelerated […]

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Court Rejects Intentional Harm Claim For Worker Injured Using Table Saw

By on March 27, 2012 in Compensability with 0 Comments

The work conditions complained of were a fact of life of industrial employment and therefore not actionable          Plaintiffs’ counsel continue to try overcome the exclusive remedy provision of the Workers’ Compensation Act, largely unsuccessfully.  The case of  Menkevich v. Delta Tools, A-1950-10T2, shows just how hard it is to prove an intentional harm case […]

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Circuit Court Holds That The FMLA Protects A Pre-Eligibility Leave Request For Post-Eligibility Maternity Leave

By on March 18, 2012 in FMLA with 0 Comments

Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible Kathryn Pereda brought a suit for interference with her FMLA rights against her employer, Brookdale Senior Living Communities, Inc. in Florida.  The problem from a legal point of view with her law suit is that […]

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Joint Employment Situations In Workers’ Compensation Are Not Limited To Two Employers

By on March 12, 2012 in Uncategorized with 0 Comments

New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007.  He performed various job duties for a number of companies.  His estate sued Safer […]

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Goodyear Properly Fired Employee For Misrepresenting Facts On Job Application And Medical Questionnaire

By on March 8, 2012 in ADA with 0 Comments

In Williams v. Goodyear Tire and Rubber Company, a Kansas federal court dealt with the ability of an employer to terminate an applicant for misrepresenting facts in the job application process. Williams filled out a job application and listed three jobs in response to the question “Account for all your time – regardless of how spent.” Williams […]

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Counsel Fees In New Jersey Workers’ Comp Are Not Limited To 20%

By on March 1, 2012 in Uncategorized with 0 Comments

Failure to make timely payment of temp benefits may subject employer to enhanced fees We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates.  The case has now made its third appearance before the Appellate Division. The initial issue before the court was whether […]

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Employer’s Knowledge Of Workers’ Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled

By on February 27, 2012 in ADA with 0 Comments

The plaintiff had suffered two workers’ compensation accidents and returned to work with restrictions which she argued her employer held against her in terminating her employment. One of the ways that a plaintiff may find coverage under the ADA is to be regarded as having a disability, even if the employee in fact has no […]

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Two Year Statute Of Limitations Runs From Last Date Of Comp Payments And Cannot Be Relaxed By Court

By on February 14, 2012 in Key Defenses with 1 Comment

Many states have a provision that allows an employee to file a workers’ compensation claim within two years from the last payment of workers’ compensation benefits.  But is this statute absolute? Kirsten Toth was injured on July 23, 2004 working for Princeton Health Care.  She struck her head on her car door while bending to […]

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Board Of Education Is Assessed Penalties For Late Payments

By on February 10, 2012 in Uncategorized with 0 Comments

Lori Ferguson was hired as a physical education teacher for the Trenton Board of Education in 1998.  She taught full-time and also was approved by the Board as a summer school teacher in 2000, 2002, and 2003.  On January 7, 2004, Ferguson was injured while setting up a scoreboard for her students.  A television fell […]

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Appellate Court Dismisses Workers’ Comp Claim For Fraud Where Petitioner Misrepresented Facts During Trial

By on February 5, 2012 in Key Defenses with 0 Comments

The New Jersey Division of Workers’ Compensation has its own fraud act within the workers’ compensation law.  The case of Dubrel v. Maple Crest Auto Group, A-3321-10T3 (App. Div. January 30, 2012) illustrates how this law can be invoked where a claimant misrepresents the limitations of his ability to function. The petitioner slipped and fell […]

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New Jersey Town Did Not Discriminate When It Refused To Hire Applicant For Police Officer Position

By on January 29, 2012 in ADA with 0 Comments

Psychological examinations are of great importance in the public safety arena.  In Terry v. Town of Morristown, 2011 U.S. App. LEXIS 20053 (3d. Cir. 2011), Jeffrey Terry applied to be a police officer in the Town of Morristown.  He underwent a psychological fitness evaluation with Dr. Matthew Guller.  Working under the supervision of his supervisor, […]

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Recent Case Law Opens Cracks In The FMLA

By on January 19, 2012 in FMLA with 0 Comments

The heart of the FMLA is job protection for employees during a period of covered leave.  Employers are required under the FMLA regulations to designate leave as FMLA-qualifying based on information received from an employee.  The employee need not ever mention the FMLA nor ask for it specifically.  “Once the employer has acquired knowledge that […]

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