A Capehart Scatchard Blog

Archive for March, 2016

Answers to Common Questions Regarding Partial Permanent Disability Awards in New Jersey

By on March 28, 2016 in NJ Workers' Comp, Uncategorized with 1 Comment

Permanent partial disability awards are often mysterious, partly because New Jersey compensation is so different from our neighboring states.  For those who are used to the laws in Pennsylvania and New York, permanency awards in New Jersey can make no sense.  Here is a sample of common questions about our system in New Jersey: Question: […]

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School Board Properly Terminated Teacher Who Failed Two Fitness Exams and Who Requested Hiring Part-Time Aide

By on March 18, 2016 in ADA, NJ Workers' Comp with 0 Comments

Reasonable accommodation has its limits as is noted in the case of Belasco v. Warrensville Heights City School District, 2015 U.S. App. LEXIS 21493 (6th Cir. 2015).  Norma Belasco, a long-time teacher, began to have serious health issues in 2007, starting with renal failure with an eventual kidney transplant in 2013.  She also had heart […]

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Plaintiff Cannot Extinguish Section 40 Lien Rights By Setting Arbitrary Dates To Provide Lien Amounts

The case of Cabrera v. Cousins Supermarket, A-5287-13T1 (App. Div. February 23, 2016) covers a point not previously addressed under N.J.S.A. 34:15-40, the provision dealing with the employer’s subrogation rights to third party recoveries. Jose Cabrera injured his right hand while operating a meat perforating machine and recovered workers’ compensation benefits under an order approving […]

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Federal Court Upholds Wellness Program and Rejects Law Suit Filed By EEOC Challenging Health Risk Assessment Procedures

By on March 3, 2016 in ADA, NJ Workers' Comp with 1 Comment

Wellness programs are becoming a new area of litigation as can be seen in Equal Employment Opportunity Commission  v. Flambeau, Inc., 2015 U.S. Dist. LEXIS 173482 (W. D. Wisconsin December 31, 2015).  The case involved a manufacturer of plastic products which offered its employees various employee benefits, including participation in a health insurance plan.  Employees […]

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