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Fourth Circuit Court of Appeals Holds That Plaintiff Failed to Adequately Explain How He Receives SSD Benefits and Can Still Be Able to Work

John H. Geaney | June 11, 2012 | 0 Comments

EEOC could not explain how employee could claim ability to work with accommodation while getting SSDI payments. Michael Turner worked

Appellate Court Finds Petitioner to be a Casual Employee

John H. Geaney | June 1, 2012 | 0 Comments

The casual employee defense remains viable in New Jersey.  It is a difficult defense to make in certain lines of

Must an Employer Reassign an Employee with a Disability to a Vacant Position Even if More Qualified Candidates Exist?

John H. Geaney | May 21, 2012 | 0 Comments

The question is an important one and comes down to this: is the reassignment process competitive? Courts are split on the

Township is not Responsible for Surgery Sought by Police Officer Where Work Accident was not Proven to be the Cause for Low Back Surgery

John H. Geaney | May 14, 2012 | 0 Comments

Hugh McNeil was a long-time police officer for the Township of South Brunswick.  On April 3, 2010, McNeil responded to

Dyslexia and Learning Disability Do Not Provide Exemption From Two-Year Statute of Limitations

John H. Geaney | May 7, 2012 | 0 Comments

The statute of limitations is jurisdictional and nothing, other than perhaps insanity, relieves a claimant from the rule All states

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

John H. Geaney | April 26, 2012 | 0 Comments

More and more ADA cases stem from garden variety workers’ compensation claims, and disability discrimination claims now make up one

Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian

John H. Geaney | April 19, 2012 | 0 Comments

The court makes clear that an unexpected event is covered even if the employee could foresee the harm Accidental disability

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

John H. Geaney | April 13, 2012 | 0 Comments

The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly. Deborah Myers worked

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

John H. Geaney | April 5, 2012 | 0 Comments

Carl Thom worked for American Standard as a molder for a period of 36 years.  He had a non-work-related shoulder

Court Rejects Intentional Harm Claim For Worker Injured Using Table Saw

John H. Geaney | March 27, 2012 | 0 Comments

The work conditions complained of were a fact of life of industrial employment and therefore not actionable          Plaintiffs’ counsel