Owner Of Restaurant Who Left Home Earlier Than Usual For Meeting Was Not Covered In Accident On Way To Work
Since the legislative change in 1979 to substitute a premises rule for the going-and-coming rule, there have been many attempts to expand the “special mission” exception. The general rule is that only injuries on employer-owned or maintained premises are covered. One big exception involves injuries that emanate from the performance of special missions. That latest […]
Employer Did Not Owe Temp Benefits To Employee Fired For Violation Of Company Drug Policy
John Gioia worked for Herr Foods as a delivery person. He injured his right ankle stepping from his delivery truck on November 23, 2007. He began authorized treatment right away and underwent an MRI one month later which revealed an avulsion fracture and sprain of the deltoid ligaments. The accident occurred on the Friday after […]
Part-Time Worker Receives Total Disability Award And Reconstructed Wage
Rommel Calle worked part-time for DaJana Industries from November 2004 to March 2005. During the other months of the year he did work as a laborer for several other employers. On March 8, 2005 Calle injured his back when he fell while pulling a hand truck loaded with 50 bags, each bag weighing about 50 […]
Capehart Scatchard Volunteers Go To The Dogs!
Employees of Capehart Scatchard recently volunteered for and participated in the 4th Annual “Bark In the Park” dog walk and festival at the Rose Tree Park in Media, Pennsylvania on Saturday, October 8, 2011. Proceeds from the event benefited the Delaware County S.P.C.A. which was able to exceed its fundraising goal in this one event. Please […]
Employer Properly Fired Employee For FMLA Abuse
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 […]
No FMLA Violation Where Walgreens Fired Employee With Honest Belief That He Violated Company Policy
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 […]
Employee Is Not Excused From Call In Procedures Just Because Absences Are Covered Under FMLA
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 […]
Employee Of Property Management Company Can Sue Affiliated Mobile Home Park Where He Worked
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 […]
Company Manager Did Not Violate ADA’s Confidentiality Provisions In Telling Prospective Employer About Former Employee’s Health Condition
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, […]
Judge Of Compensation After Full Trial Finds Medical Provider Was Properly Compensated In Burn Claim
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 […]
Appellate Division Holds That Division Of Workers’ Compensation Has Jurisdiction To Decide Coverage Issue
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 […]
Calling In “Sick” Is Not Enough To Invoke The FMLA
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 […]
Appellate Division Allows Medical Reimbursement Claim To Proceed In Civil Court While Comp Case Is Pending
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 […]
Teacher Found Still In Employment When Injured After Picking Up Child At School Where Teacher Worked
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 […]
Employee’s Failure to Respond To Request for More Information Regarding Leave Request Doomed FMLA Claim
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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