Board Of Education Is Assessed Penalties For Late Payments
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 […]
Appellate Court Dismisses Workers’ Comp Claim For Fraud Where Petitioner Misrepresented Facts During Trial
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 […]
New Jersey Town Did Not Discriminate When It Refused To Hire Applicant For Police Officer Position
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, […]
Recent Case Law Opens Cracks In The FMLA
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 […]
Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions
Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman. Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off. She said it was the most stressful job she ever had. Petitioner also […]
Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident
What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA? These issues as well as the impact of the ADAAA on the FMLA are covered in an important decision entitled Patton v. […]
Occupational Back Claim Is Held To Be Time Barred And Alleged Subsequent Work Injury Is Defeated By Medical Records Showing An Injury At Home Immediately Prior To Cessation Of Work
James Graf worked from 1982 to December 2002 refinishing wood floors. He had a physical job. He operated a 230-pound sander, a 50-pound edging machine, and a radiator sander. He would remove pieces of heavy equipment from his employer’s van and carry the equipment up the stairs to the work location. He also stained sanded […]
Facebook – Ushering in a New Era of Discovery?
As the world in which we live continues to become more technologically advanced, it should come as no surprise that this advancement is having effects on many areas of the law. Attorneys and clients are beginning to see the interplay between social networking sites, such as Facebook, and the law, as these social platforms are […]
Gross Negligence Is Insufficient For Plaintiff To Prove Intentional Harm Claim
Plaintiffs’ counsel continue to assault the citadel that is the exclusive remedy defense in the New Jersey Workers’ Compensation Act. Once again a New Jersey court has held that no intentional harm was proven. Craig Kane worked for the County of Burlington as an HVAC mechanic. He also owned his own mechanical business. He was asked […]
Can An Employer Defeat An Asbestos-Related Cancer Claim Based On The Statute Of Limitations?
The answer to this question, at least in New Jersey, is a resounding yes, if you have the right facts. In Russo v. Hoboken Board of Education, A-1861-10T4 (App. Div. November 29, 2011), the petitioner filed a claim petition on February 24, 2004. He alleged that pulmonary injuries caused by asbestos exposure principally between 1990 […]
Sixth Circuit Decision Bolsters Power Of Medicare Secondary Payer Law
It is long past obvious that the Medicare Secondary Payer Statute is here to stay. But how well is the MSP faring in the courts? Judging by the decision in Hadden v. United States of America, CMS would say that it is faring quite well, thank you. The Hadden case was decided on November 21, […]
Plaintiff’s Claim For Intentional Harm Survives Motion To Dismiss Made By Defendant
The exclusive remedy provision is a powerful one in New Jersey. It is the rare case where a plaintiff successfully proves intentional harm. Nonetheless, a well-plead complaint will often survive a motion to dismiss as is shown in Blackshear v. Syngenta Crop Protection., et. al. 2011 U.S. Dist. LEXIS 125505 (D.N.J. October 31, 2011). The […]
Once Per Week Hairstylist Found To Be Employee And Not Independent Contractor At Senior Facility
In New Jersey employment is favored heavily over independent contractor status. Proof of this rule is Johantgen v. Brandywine Senior Care Center, A-4883-09T1 (App. Div. October 31, 2011). Diane Johantgen provided hairstyling and grooming services once per week to residents of a long-term nursing home. She fell from a chair and fractured her wrist while […]
Are Complications From Flu Shots Provided By Employers Considered Compensable?
Many employers offer flu shots and other inoculations to employees on company premises during work hours. Complications from flu shots are very rare but the Centers for Disease Control have noted that about one in 100,000 people who get a flu shot will develop Guillain-Barre syndrome, which is a debilitating nerve disorder. There are also […]
Workers’ Comp Rates Are On The Rise Again In New Jersey
After a year in 2011 in which workers’ compensation rates actually declined for the first time in decades, the new rates in 2012 have renewed the steady ascent which commenced in 1980. The Workers’ Compensation rates effective January 1, 2012 are: Maximum for temporary disability and permanent total — $810.00 per week up from $792.00 Minimum for temporary […]
Connect with Capehart Scatchard