A Capehart Scatchard Blog

Archive for January, 2012

New Jersey Town Did Not Discriminate When It Refused To Hire Applicant For Police Officer Position

By on January 29, 2012 in ADA, NJ Workers' Comp with 0 Comments

Psychological examinations are of great importance in the public safety arena.  In Terry v. Town of Morristown, 2011 U.S. App. LEXIS 20053 (3d. Cir. 2011), Jeffrey Terry applied to be a police officer in the Town of Morristown.  He underwent a psychological fitness evaluation with Dr. Matthew Guller.  Working under the supervision of his supervisor, […]

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Recent Case Law Opens Cracks In The FMLA

By on January 19, 2012 in FMLA, NJ Workers' Comp with 0 Comments

The heart of the FMLA is job protection for employees during a period of covered leave.  Employers are required under the FMLA regulations to designate leave as FMLA-qualifying based on information received from an employee.  The employee need not ever mention the FMLA nor ask for it specifically.  “Once the employer has acquired knowledge that […]

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Court Affirms Award For Stroke Related To Unusually Stressful Work Conditions

By on January 12, 2012 in Claims, NJ Workers' Comp with 2 Comments

Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman.  Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off.  She said it was the most stressful job she ever had. Petitioner also […]

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Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident

By on January 9, 2012 in FMLA, NJ Workers' Comp with 0 Comments

What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA?  These issues as well as the impact of the ADAAA on the FMLA are covered in an important decision entitled Patton v. […]

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Occupational Back Claim Is Held To Be Time Barred And Alleged Subsequent Work Injury Is Defeated By Medical Records Showing An Injury At Home Immediately Prior To Cessation Of Work

By on January 3, 2012 in NJ Workers' Comp, Uncategorized with 0 Comments

James Graf worked from 1982 to December 2002 refinishing wood floors.  He had a physical job.  He operated a 230-pound sander, a 50-pound edging machine, and a radiator sander.  He would remove pieces of heavy equipment from his employer’s van and carry the equipment up the stairs to the work location.  He also stained sanded […]

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