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Pulmonary Award Is Reversed for Failure of Judge to Explain Why She Credited the Testimony of Petitioner’s Expert Over Respondent’s Expert

By on April 18, 2014 in Pulmonary/Respiratory with 0 Comments
Pulmonary Award Is Reversed for Failure of Judge to Explain Why She Credited the Testimony of Petitioner’s Expert Over Respondent’s Expert

Frank Ascione worked for U.S. Airways at Newark Liberty International Airport as a fleet service agent since 1981.  He handled baggage and drove equipment to push back planes.  He would work in the “bag room,” transporting baggage to and from the plane.  He assisted in de-icing of planes about 20 times in his career and […]

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Supreme Court Finds County Employee’s Injury Not Compensable

By on April 8, 2014 in Compensability with 0 Comments
Supreme Court Finds County Employee’s Injury Not Compensable

In a surprising decision from the New Jersey Supreme Court, an award to Cheryl Hersh, an employee of Morris County, was reversed on April 1, 2014. Ms. Hersh was employed by the County since September 2002 as a Senior Clerk in the Board of Elections.  In 2004 the County assigned her free parking at a […]

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Major NLRB Decision Finds Scholarship College Football Players Are Employees

By on March 31, 2014 in Special Update with 0 Comments
Major NLRB Decision Finds Scholarship College Football Players Are Employees

Readers should be aware of a potential landmark decision from the National Labor Relations Board on Wednesday, March 26, 2014, in which the NLRB found that the Division I football players receiving scholarships at Northwestern University are employees of the university under the National Labor Relations Act.  It is anticipated that the decision will be […]

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New Jersey Court Rejects Common Law Marriage as Basis for Dependency Benefits in Workers’ Comp Claim

By on March 28, 2014 in Coverage with 0 Comments

Bobbie Kehoe and Scott Sunkimat began cohabiting in their home in Point Pleasant, New Jersey in 1999.  They made a life-long commitment to each other to spend their lives together but declined to marry.  They shared utility bills and bank accounts and both of their names were on the deed to their home.  Bobbie Kehoe […]

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High Blood Pressure and Temporary Vision Problems Are ADA Disabilities

By on March 17, 2014 in ADA with 0 Comments

The ADA Amendments Act has substantially broadened coverage under the law.  An example comes in Gogos v. AMS Mechanical Systems, Inc., 737 F.3d 1170 (7th Cir. 2013).  Mr. Gogos worked as a pipe welder and had been taking medication to reduce his elevated blood pressure for the past eight years.  He commenced employment with the […]

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Slip And Fall At Work Accelerated Need for Surgery In Claimant With Severe Arthritic Hip Condition

By on March 11, 2014 in Causation with 0 Comments
Slip And Fall At Work Accelerated Need for Surgery In Claimant With Severe Arthritic Hip Condition

Among the hardest cases for employers to contend with are those where the claimant already has an advanced degenerative or arthritic condition and then has an injury.  That was the situation when Veronica Graham, a 55-year-old Certified Nursing Assistant, fell on a wet floor at work on June 25, 2011.  She landed on her left […]

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Casual Employment and Independent Contractor Defenses Often Overlap

Casual Employment and Independent Contractor Defenses Often Overlap

Many clients ask what the difference is between the defense of independent contractor and casual employment.  The truth is that the defenses are very similar, and one important case, Berkeyheiser v. Mollie S. Woolf, 71 N.J. Super. 171, (App.Div. 1961), illustrates this point. The case involved a man who worked full time for St. Regis […]

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Bungled Post-Offer Medical Examination Leaves School Liable to Job Applicant

By on February 24, 2014 in ADA with 0 Comments
Bungled Post-Offer Medical Examination Leaves School Liable to Job Applicant

A well-done post-offer medical examination requires great skill and expertise.  These elements were lacking when Adam LaFata applied for a job as Plant Engineer, essentially a custodial position, with the Dearborn Heights School District. One critical fact is that LaFata had been doing this kind of work for 10 years for the Lincoln Park Community […]

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Employee Can Be Fired for Reasons Discovered While on FMLA Leave

By on February 14, 2014 in FMLA with 0 Comments
Employee Can Be Fired for Reasons Discovered While on FMLA Leave

Adesina Mercer worked for the Arc of Prince George County from 2004 to 2011.  Her job included applying for and processing initial applications for benefits for Food Stamps and Social Security. In May 2007, The Arc put Mercer on conditional employment status due to poor work performance.  She was returned to regular status the next […]

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Volunteer Firefighters May Be Employees under FMLA

By on February 7, 2014 in FMLA with 0 Comments
Volunteer Firefighters May Be Employees under FMLA

The City of Gibraltar employed 41 employees, excluding its “volunteer” firefighters.  When it fired one of the firefighters, Paul Mendel, he sued under the FMLA. The city countered that it was not covered under the FMLA because it had less than 50 employees. There were 25-30 “volunteer firefighters” whom the City contended were not truly […]

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