A Capehart Scatchard Blog

Archive for November, 2012

New Jersey Bans Medical Providers From Charging Claimants for Work-Related Medical Expenses

By on November 21, 2012 in NJ Workers' Comp, Uncategorized with 1 Comment

New Jersey, like many states, has had an ongoing problem with physicians and hospitals that balance bill injured workers for work-related care.  This problem has become more acute in the age of managed care reductions where medical providers dispute the amount they are paid and then send invoices to injured workers for the unpaid balance.  […]

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Does An Employer Violate The FMLA By Performing Surveillance Of An Employee When It Suspects FMLA Abuse?

By on November 15, 2012 in FMLA, NJ Workers' Comp with 0 Comments

FMLA abuse remains a problem for employers, leading to the question of whether an employer can obtain surveillance to make sure that the leave is taken for the reason requested.  In Vail v. Raybestos Products Company, 533 F.3d 904 (7th Cir. 2008), an Appeals Court provided very helpful guidance on this issue. Diana Vail worked for […]

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Is Distant Travel For Faith Healing Of Seriously Ill Spouse Covered Under FMLA?

By on November 5, 2012 in FMLA, NJ Workers' Comp with 0 Comments

Maria Lucia Tayag, Plaintiff, worked for Lahey Clinic Hospital, Inc. in Massachusettsas as a Health Information Clerk.  She received favorable reviews since she began her employment in 2002.  Her husband, Rhomeo Tayag, suffered from several chronic medical conditions, including recurrent gout, kidney disease, rheumatoid arthritis and end-stage renal failure. Plaintiff routinely used intermittent FMLA leave for […]

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