A Capehart Scatchard Blog

Archive for February, 2016

Medicare Revamps the Conditional Payment Process

By Nancy Johnson, Esq. Many of you have been contacted by petitioners’ attorneys about their inability to obtain conditional payments over the past several months due to a revision in Medicare protocols and processes.  This article gives an overview of the changes to the process and we will provide more information as the full extent […]

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School Board Did Not Violate ADA in Non-Renewing Teacher but May Have Violated His FMLA Rights

By on February 19, 2016 in ADA, FMLA, NJ Workers' Comp with 1 Comment

Terrence Preddie was employed from 2010-2011 as a fifth-grade teacher at Columbus Signature-Codrea Elementary School in Indiana.  Dr. Diane Clancy assessed Preddie’s job performance in the first school term as effective in some areas and needing improvement in others.  One specific area where improvement was needed was in leaving organized lesson plans for substitute teachers. […]

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Township Violated ADA in Requiring Employee to Submit to a Fitness Exam Without Showing a Job-Related Reason for Exam

By on February 10, 2016 in ADA, NJ Workers' Comp with 0 Comments

Paul Williams worked for ten years for the Township of Lakewood in the Department of Public Works (DPW).  On March 28, 2013, the Township Manager received an anonymous letter concerning Mr. Williams.  The writer said he was a co-worker and that he and other co-workers were in fear of their safety because Williams allegedly exhibited […]

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Assault Committed by Ex-Husband in Employer Owned Parking Lot Found Not Compensable

By on February 4, 2016 in Compensability, NJ Workers' Comp with 2 Comments

Jennie Rosario worked for the State of New Jersey as a caseworker for the Division of Youth and Family Services.  She left the Division’s Maplewood office intending to get into a State-owned vehicle on May 23, 2006 to perform her duties as a field case-worker.  As she was leaving the office, her ex-husband assaulted her […]

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