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 wheel but [...]
The statute of limitations is jurisdictional and nothing, other than perhaps insanity, relieves a claimant from the rule All states have statutes of limitations for filing compensation claims. But are these statutes flexible under certain circumstance? The answer in New Jersey is emphatically no. In Zito v. AIC, A-1070-10T2 (App. Div. September 26, 2011), petitioner began [...]
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. The case of Gibbs v. ADS Alliance Data Systems, Inc., 2011 U.S. Dist LEXIS 82540 (D. Kansas) drives home the point that many claimants with work-related injuries will now find [...]
The court makes clear that an unexpected event is covered even if the employee could foresee the harm 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 [...]
The court reviewed the amended FMLA regulations dealing with prejudice for failing to designate FMLA time promptly. Deborah Myers worked as a dialysis nurse at Kettering Medical Center in Ohio (KMC). She was injured during the course of her employment on August 15, 2009. She received temporary total disability benefits under Ohio’s workers’ compensation system. [...]
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 period was accelerated [...]
The work conditions complained of were a fact of life of industrial employment and therefore not actionable Plaintiffs’ counsel continue to try overcome the exclusive remedy provision of the Workers’ Compensation Act, largely unsuccessfully. The case of Menkevich v. Delta Tools, A-1950-10T2, shows just how hard it is to prove an intentional harm case [...]
Employers need to consider the risks of terminating an employee who has asked for FMLA and would soon become eligible Kathryn Pereda brought a suit for interference with her FMLA rights against her employer, Brookdale Senior Living Communities, Inc. in Florida. The problem from a legal point of view with her law suit is that [...]
New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007. He performed various job duties for a number of companies. His estate sued Safer [...]
In Williams v. Goodyear Tire and Rubber Company, a Kansas federal court dealt with the ability of an employer to terminate an applicant for misrepresenting facts in the job application process. Williams filled out a job application and listed three jobs in response to the question “Account for all your time – regardless of how spent.” Williams [...]