A Capehart Scatchard Blog

Employer Properly Fired Employee For FMLA Abuse

By on October 4, 2011 in FMLA with 0 Comments

Erik Tillman worked as a Communications Specialist for Ohio Bell Telephone.  His work required him to fill customer orders for phone and internet services and do maintenance work, including lifting up to 100 pounds and climbing ladders.  He was frequently required to work nights and weekends due to his low seniority within the union.  He […]

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No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy

By on September 26, 2011 in FMLA with 0 Comments

Michael Clark worked for Walgreens as the manager of its retail store in Dyersburg, Tennessee.  He took a medical leave of absence from December 8, 2006 to January 2, 2007  for a heart condition.  After his leave, Clark returned to the same position he held before his leave of absence.  Some time later Clark contacted […]

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Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA

By on September 20, 2011 in FMLA with 0 Comments

CenturyTel of Central Arkansas had a personnel policy which required employees to call in daily when absent.  This was contained in an employee handbook which all employees received.  Loretta Thompson worked for CenturyTel as a facility assigner in the Programming Department.  She acknowledged receiving the handbook which included the following policy: Unless otherwise directed by […]

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Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked

By on September 9, 2011 in Uncategorized with 0 Comments

Edwin Conk applied to work for Friendly Village (FV), a mobile home park in Toms River, N.J.  FV is a limited liability company, the managing member of which is PCI Redhen Corporation (PCI).  PCI owns 100% of the stock of Advanced Horizons Enterprises, Inc., (AHE).   AHE managed FV’s financial affairs andFriendlyVillage.  Conk’s employment contract was […]

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Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition

By on September 1, 2011 in ADA with 0 Comments

Sometimes the cases with the most simple fact patterns make the best ones to understand bright lines in the law.  The case of EEOC v. Thrivent Financial for Lutherans, 2011 U.S.Dist. LEXIS 64042 (D. Wisc. 2011) provides some clear guidance on what employers can and cannot say about the health of employees. In this case, […]

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Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim

By on August 29, 2011 in Uncategorized with 0 Comments

There are thousands of medical reimbursement claims filed by medical providers in the New Jersey Division of Workers’ Compensation.  A comprehensive decision following a lengthy trial was recently handed down by the Honorable Virginia Dietrich, Administrative Supervisory Judge of Compensation.  To this practitioner’s knowledge, this is the first fully tried decision in the Division involving […]

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Appellate Division Holds That Division Of Workers’ Compensation Has Jurisdiction To Decide Coverage Issue

By on August 23, 2011 in Key Defenses with 0 Comments

Robert Tutelais a member of Earthworks Limited Liability Company and also one of its employees.  Earthworks is in the business of landscape construction.  In 2008 Earthworks through Tutela filed an application with Sentinel Insurance Company for workers’ compensation coverage.  Representations were made that Earthworks hired independent contractors to perform tree work and that all of […]

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Calling In “Sick” Is Not Enough To Invoke The FMLA

By on August 17, 2011 in FMLA with 0 Comments

Employers are somewhat behind the eight ball in the FMLA because the employee need not specifically invoke the “FMLA” in order to obtain protection under the law.  Nor does the employee have to give detailed information about health; rather, the employer has to consider whether the FMLA applies based on what the employee says is […]

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Appellate Division Allows Medical Reimbursement Claim To Proceed In Civil Court While Comp Case Is Pending

By on August 11, 2011 in Controlling Costs with 0 Comments

Legal actions for reimbursement by medical providers have become very common in the New Jersey Division of Workers’ Compensation.  Now they are even more complex following the decision in The Valley Hospital v. LQ Management LLC, A-0831-10T1 (App. Div. August 8, 2011). The facts are straightforward.  An employee of LQ Management, LLC, was treated for […]

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Teacher Found Still In Employment When Injured After Picking Up Child At School Where Teacher Worked

By on August 4, 2011 in Uncategorized with 0 Comments

Workers’ compensation issues often arise in the context of civil litigation.  That is what happened in the case of High v. Rose, A-2539-09T1 (App. Div. July 26, 2011).  Toni Lee High worked as a nurse at Montclair Kimberley Academy.  On the day of the accident High was supervising children entering school buses at the Academy […]

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Employee’s Failure to Respond To Request for More Information Regarding Leave Request Doomed FMLA Claim

By on July 25, 2011 in FMLA with 1 Comment

Robert Righi worked as a sales rep for SMC Corporation of America.  On several occasions Righi would request vacation time to care for his mother.  He would email his manager, Louis  King, for prior approval.  The company policy was to require employees to obtain prior approval from a supervisor before taking leave. The policy further provided […]

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Federal Court Holds That Employee With Renal Cancer In Remission Is Covered Under The ADA

By on July 18, 2011 in ADA with 0 Comments

Michael Norton worked for defendant ALC in May 2008.  The company operated 200 facilities in twenty states involving assisted living services to the elderly.  Plaintiff worked at the Sulphur Springs, Texas location as a “Residence Sales Manager.” Norton was diagnosed with renal cancer in April 2009.  He went on medical leave and underwent surgery on […]

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Disclosure By Employer Of Medical Information That Was Voluntarily Offered By Employee Does Not Violate ADA

By on July 11, 2011 in ADA with 4 Comments

Many employers struggle with situations that develop when an employee voluntarily reveals certain confidential medical information.  In Watson v. C.R. England, Inc., 2011 U.S. App. LEXIS 8971, (10th Cir. 2011), the plaintiff worked as a truck driver for C.R. England.  In the course of his employment, he informed C.R. England’s Human Resources Director that he […]

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Appellate Division Holds Truck Driver Sleeping On Dana Transport Property Was An Employee And Cannot Sue Dana Transport In Civil Action

By on July 8, 2011 in Key Defenses with 0 Comments

The independent contractor defense in New Jersey is not generally a strong defense, but it can be sometimes advantageous to employers to invoke it when they are sued civilly.  The case of Fugatt v. Dennison Graine and Dana Transport, Inc., A-5353-09T3 (App. Div. July 5, 2011) presents a fascinating situation where the injured worker did […]

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Light Duty – Harbatuk v. S&S Furniture Systems Insulation

By on July 7, 2011 in Compensability with 0 Comments

In addition to terminating temporary disability benefits on maximal medical improvement, an employer can terminate such benefits when the employee can return to work light or modified duty under Harbatuk v. S & S Furniture Systems Insulation, 211 N.J. Super. 614 (App. Div. 1986). The basic rule which emerges from Harbatuk is this:  the employer has […]

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