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Document(s) published by this organization: 35
Show: results per page Sort by:  | Township is not Responsible for Surgery Sought by Police Officer Where Work Accident was not Proven to be the Cause for Low Back Surgery
Capehart Scatchard P.A.;
Legal Alert/Article May 15, 2012, previously published on May 14, 2012 Hugh McNeil was a long-time police officer for the Township of South Brunswick. On April 3, 2010, McNeil responded to an emergency call. He was wearing his bulletproof vest and gun belt and said that he hurriedly exited his vehicle, feeling pain in his back. He said he might have hit the steering...
| | Dyslexia and Learning Disability Do Not Provide Exemption From Two-Year Statute of Limitations
Michelle L. Duffield; Capehart & Scatchard, P.A.;
Legal Alert/Article May 9, 2012, previously published on May 7, 2012 The statute of limitations is jurisdictional and nothing, other than perhaps insanity, relieves a claimant from the rule
| | Federal Court Holds That Carpal Tunnel Syndrome May Constitute A Disability Under The ADA
Capehart Scatchard P.A.;
Legal Alert/Article May 1, 2012, previously published on April 26, 2012 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.
| | Appellate Division Allows Accidental Disability Pension For Work Injury To Custodian
Capehart Scatchard P.A.;
Legal Alert/Article April 24, 2012, previously published on April 23, 2012 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 an accidental disability pension by a public employee disqualifies the...
| | Employee With Work Injury Who Was Fired For Excessive Absenteeism Was Not Prejudiced By Employer’s Failure To Designate Absence Under FMLA
Capehart Scatchard P.A.;
Legal Alert/Article April 16, 2012, previously published on April 13, 2012 The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly.
| | Failure to Advise Employee of FMLA Calculation Method Dooms Employer in Law Suit
Capehart Scatchard P.A.;
Legal Alert/Article April 11, 2012, previously published on April 5, 2012 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...
| | Circuit Court Holds That the FMLA Protects a Pre-Eligibility Leave Request for Post-Eligibility Maternity Leave
Capehart Scatchard P.A.;
Legal Alert/Article March 26, 2012, previously published on March 18, 2012 Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible
| | Joint Employment Situations In Workers’ Compensation Are Not Limited To Two Employers
Capehart Scatchard P.A.;
Legal Alert/Article March 14, 2012, previously published on March 12, 2012 New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly
| | Counsel Fees In New Jersey Workers’ Comp Are Not Limited To 20%
Capehart Scatchard P.A.;
Legal Alert/Article March 6, 2012, previously published on March 1, 2012 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...
| | Employer’s Knowledge Of Workers’ Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled
Capehart Scatchard P.A.;
Legal Alert/Article March 6, 2012, previously published on February 24, 2012 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.
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