A Capehart Scatchard Blog

Archive for January, 2017

Understanding the Mutual Benefit Doctrine in Workers’ Comp

By on January 24, 2017 in Compensability, NJ Workers' Comp with 0 Comments

Sometimes activities that would otherwise be non-compensable are covered under the Mutual Benefit Doctrine.  That doctrine covers certain activities when there is “a clear and substantial benefit” to the employer by reason of the permitted activity.  Daus v. Marble, 270 N.J. Super. 241 (App. Div. 1994).  An example might be an injury to an employee when […]

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Employee Can Proceed on ADA Claim That He Was Discriminated Against on Account of Severe Obesity

By on January 13, 2017 in Key Defenses, NJ Workers' Comp with 0 Comments

Mark Richardson worked for the Chicago Transit Authority as a Bus Operator from 1999 to 2012.  He took an extended medical leave from work and attempted to return to his job in September 2010.  The Authority sent plaintiff for a fitness exam, and the doctor cleared Richardson to return to work. He was next required […]

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Court Upholds City’s Termination of Worker with Lupus Based on Doctor’s Note Prohibiting Outdoor Work

Jimmy Mathis worked as a laborer for the City of Red Bank in Tennessee. Eventually he rose to the position of Assistant to the Director of Public Works. Initially he would inspect for building code violations, handle animal control problems, oversee street projects and handle citizen requests. A written job description described his duties, which […]

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