Archive for June, 2012
Court Rejects Occupational Stress Claim
Employee could not prove objectively verified stressful conditions New Jersey has a sensible occupational stress standard, namely that the person claiming work stress as a cause for psychiatric illness must prove objectively that the work conditions were stressful. Since all employees experience some degree of stress, this standard is not very easily met. In Knight […]
No Legal Malpractice Where Plaintiff Did Not See Comp Attorney Until Two Years After She Knew of Her Stress Condition and Relationship to Work
New Jersey has a statute of limitations for both traumatic and occupational disease claims. In Millar v. Darren J. Del Sardo, Esq. A-4388-10T1 (App. Div. April 27, 2012), both statutes of limitations came into play. Plaintiff Cynthia Millar began working for Cablevision in 1997 as an account executive. She began treating with a psychologist for […]
Fourth Circuit Court of Appeals Holds That Plaintiff Failed to Adequately Explain How He Receives SSD Benefits and Can Still Be Able to Work
EEOC could not explain how employee could claim ability to work with accommodation while getting SSDI payments. Michael Turner worked for Greater Baltimore Medical Center (GBMC) as a unit secretary since 1984. In 2005, Turner was hospitalized for necrotizing fasciitis, which is a life-threatening condition. He later suffered a stroke during the same year. Turner also […]
Appellate Court Finds Petitioner to be a Casual Employee
The casual employee defense remains viable in New Jersey. It is a difficult defense to make in certain lines of employment such as trucking, real estate agents, newspaper delivery persons and cab drivers, but it remains viable in situations involving home remodeling and home additions. A good illustration is the recent case of Cruz v. […]
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