~ A Capehart Scatchard Blog ~

Court Deems Nanny “Special Employee” And Therefore Barred From Suing Homeowners for Negligence

By on October 30, 2014 in Exclusive Remedy with 0 Comments

Nilda Zulueta owned Artime, Inc, doing business as Cardel Jewelers, in New York City.  She employed plaintiff Mirtala Pineda to clean the jewelry store and Zulueta’s home in North Bergen, New Jersey, after Pineda had immigrated to the United States from El Salvador in 1990. In 2004, Zulueta directed Pineda to work full-time at the […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

EEOC Guidance on Pregnancy Discrimination Act and Access to Light Duty

By on October 23, 2014 in Discrimination with 0 Comments

On July 14, 2014, the EEOC issued Enforcement Guidance on the Pregnancy Discrimination Act (PDA).  That law was passed in 1978 to make clear that discrimination based on pregnancy, childbirth or related medical conditions is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The basic premise of […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Petitioner Failed To Prove Her Husband’s Death From Multiple Myeloma Was Related To Possible Benzene Exposure During A Five Year Period

By on October 13, 2014 in Causation with 0 Comments

Decedent, Gerald Hallquist, worked as a laboratory technician for E.I. Dupont de Nemours (hereinafter Dupont) from 1968 until his retirement in 1998.  Between 1977 and 1982, he worked in the quality control lab with liquid chemicals, including benzene.  He wore safety gloves and a uniform supplied by Dupont.  When working with certain chemicals, the decedent […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Court of Appeals Explains When Employer Can Require Fitness for Duty Exam in Case Involving University of Maryland Professor

By on October 3, 2014 in ADA, Discrimination with 1 Comment
Court of Appeals Explains When Employer Can Require Fitness for Duty Exam in Case Involving University of Maryland Professor

When can an employer require a physical or mental fitness-for-duty examination? That was the issue in Coursey v. University of Maryland Eastern Shore, 2014 U.S. App. LEXIS 12407 (4th Cir. 2014). Over a period of years, beginning in 2004, students and faculty members lodged complaints about the conduct of Professor Leon Coursey.  The allegations concerned […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation

By on September 23, 2014 in ADA with 0 Comments
Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation

Grace Hwang worked as an assistant Professor at Kansas State University.  Before the fall term began, she found out she had cancer and needed treatment.  She requested a six month leave of absence, which Kansas State granted.  As the spring term approached, Hwang’s doctor indicated that she would need additional leave time.  She requested another […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

By on September 15, 2014 in Exclusive Remedy with 0 Comments
Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

Eric Hanisko worked as a superintendent of a 120-acre golf course in West Windsor, N.J.  He accepted a written offer of employment in February 2008 on behalf of BCGM, a corporation specializing in golf course management, and CGC, the owner of the golf club.  His employment package included housing at the club. On April 11, […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

OSHA Is Considering New Reporting Procedures for Employers for Work Injuries

By on September 4, 2014 in Special Update with 1 Comment

Employers continue to deal with federal intrusions in workers’ compensation: the Medicare Secondary Payer Statute and now new rules being considered by OSHA.  On November 8, 2013, OSHA published a notice of proposed rule-making to amend the agency’s regulations on reporting injuries and illnesses. OSHA is concerned that injury reporting may be inaccurate because employers […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Claimant with Parkinson’s Disease Failed to Prove Work Accident Aggravated His Condition and Failed to Prove Entitlement to Second Injury Fund Benefits

By on August 25, 2014 in Causation with 0 Comments

Kevin Durnien worked as a tractor-trailer driver for United Parcel Service (UPS) from 1996 to 2008.  He was diagnosed with Parkinson’s disease in 2003 but continued to drive for UPS for several years. On October 25, 2007, Durnien was injured when he fell on his elbow while making a warehouse pickup.  He injured his rotator […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

MRSA Claim Found Compensable Based on Timeline of Work Injury

By on August 13, 2014 in Compensability with 0 Comments
MRSA Claim Found Compensable Based on Timeline of Work Injury

Kenneth Nichols worked for Midstates Packaging, Inc. as a mechanic. He was injured on April 7, 2008, while trying to take the transmission out of a Hyster forklift. While underneath the forklift, Nichols heard a pop in his shoulder when the forklift rolled off the blocks and over his left shoulder. He did not notice […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

New Jersey Supreme Court Rejects Dependency Arising from Employee’s Stroke While Telecommuting

By on August 5, 2014 in Compensability with 0 Comments

In a long awaited decision, the Supreme Court of New Jersey has overturned an award in the matter of James P. Renner v AT&T (A-71-11) (068744).  The case has drawn national attention because it dealt with a stroke claim from an employee who telecommuted quite regularly. Cathleen Renner worked for AT&T for 25 years as […]

LinkedInTwitterGoogle+FacebookDiggFlipboardShare

Continue Reading »

Top