In a piece of special legislation, Governor Christopher Christie signed into law Senate, No. 1469, on June 13, 2013. The bill pertains to dependency benefits for surviving spouses of certain fire and police personnel who die in the line of duty. Under current law in New Jersey, surviving spouses are entitled to dependency benefits of [...]
Is there a statute of limitations in an occupational disease claim? While some practitioners believe only traumatic claims have a statute of limitations, the case law is clear that there is a statute of limitations in occupational disease claims as outlined in Earl v. Johnson & Johnson, 158 N.J. 155 (1991). Occupational disease claims can [...]
Petitioner Valerie Pyles worked for respondent The Mentor Network as a therapist in the Somerset, N.J. office. Her office was on the third floor of a four-story office building. She generally took one of the building’s two elevators from the lobby to the third floor to get to her office. On the accident date, Pyles [...]
There are very few cases in workers’ compensation where a party asks a judge to recuse himself or herself. One recent case, Executrix of the Estate of Rosemarie Bellino v. County of Hudson, A-0275-11T4, (App. Div. April 30, 2013) provides guidance on the legal standard. Rosemarie Beillino worked as a sheriff’s officer for the County [...]
Many employers utilize post-offer medical examinations as part of their hiring process to screen out potential employees who cannot perform the essential functions of the job with or without reasonable accommodation. Sometimes, however, the value of a post-offer medical examination does not come to light until long after hiring. In Reilly v. Lehigh Valley Hospital, 27 [...]
In Valdez v. Brent McGill and Mueller Supply Company, Inc., 2012 U.S. App. LEXIS 2783 (10th Cir. 2012), the court considered whether a request for telecommuting and additional leave was a reasonable accommodation. Doyle Brown worked as a warehouse supervisor for Mueller Supply Company. He supervised Mueller’s warehouse, including all shipping and receiving. He advised [...]
John Lance, a police officer for the City of Camden, New Jersey, was injured on May 10, 2004 in a work-related motor vehicle accident. He received medical and temporary disability benefits in workers’ compensation. However, he alleged that his workers’ compensation benefits were improperly terminated in October 2005. On June 12, 2004, about a month [...]
It is certainly not for lack of trying that plaintiffs remain largely unsuccessful in opening the door to intentional harm claims in New Jersey. The door has remained closed in the past 10 years on intentional harm claims and all but locked, including the most recent challenge in Fendt v. Adam L. Abrahams, et. al., [...]
Walesca Benvenutti worked for Scholastic Bus Company as a school bus driver. She drove children to school in the morning and then drove them home in the afternoon. She was required to clean the bus interior and inspect the seatbelts after each run. The testimony of both petitioner and her employer was that there was [...]
Employers should be aware that interpretation of being incapable of self-care and having a disability are very broad. The Americans with Disabilities Act Amendments Act (ADAAA) is having an impact in other areas of law, specifically the FMLA. A good example concerns the FMLA provision for leave to care for an adult son or daughter [...]