A Capehart Scatchard Blog

Archive for March, 2015

Court Rejects Claim for Employee Injured on Ground Floor Elevator in Multi-Tenant Building

The case of Burke v. Investors Bank, A-1551-13T1 (App. Div. March 16, 2015) underscores an important point for New Jersey practitioners:  one is not considered to be at work in a multi-tenant building until one arrives at the employer’s business. On December 3, 2012, Laura Burke parked her car in the parking garage of the […]

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City That Cancelled Health Insurance After Firefighter Exhausted FMLA Did Not Violate COBRA

By on March 12, 2015 in FMLA, NJ Workers' Comp with 0 Comments

Very few cases have focused on the relationship between COBRA and FMLA.  The case of Neal v. City of Danville, Virginia, 2014 U.S. Dist LEXIS 17126, W. D. Va. (December 11, 2014) provides employers with important insight on this issue. Barry Neal, a firefighter, was severely injured in a non-work accident on February 1, 2013.  […]

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Superior Court Judge Rejects Dever Case and Holds Walmart Not Barred from The Recovery Of Its Workers’ Comp Lien

Desirae Cintron was injured in a motor vehicle accident on September 20, 2011 while walking in the parking lot of a Walmart store where she worked.  She was struck by a vehicle driven by Marvin Thomas.  Cintron was eligible for PIP benefits because she lived with her father who had an insurance policy with NJM.  […]

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