Psychological examinations are of great importance in the public safety arena. In Terry v. Town of Morristown, 2011 U.S. App. LEXIS 20053 (3d. Cir. 2011), Jeffrey Terry applied to be a police officer in the Town of Morristown. He underwent a psychological fitness evaluation with Dr. Matthew Guller. Working under the supervision of his supervisor, […]
Monthly Archives: January 2012
Employer May Have Violated FMLA In Replacing An Employee Who Was Out Of Work Caring For 18-Year-Old Daughter Following Car Accident
What does the phrase mean “to care for” someone with a serious health condition and can an 18-year-old person be considered incapable of self-care for a temporary period of time under the FMLA? These issues as well as the impact of the ADAAA on the FMLA are covered in an important decision entitled Patton v. […]
The heart of the FMLA is job protection for employees during a period of covered leave. Employers are required under the FMLA regulations to designate leave as FMLA-qualifying based on information received from an employee. The employee need not ever mention the FMLA nor ask for it specifically. “Once the employer has acquired knowledge that […]
Mt. Laurel, NJ – – Capehart Scatchard is pleased to announce that Shareholders, Thomas D. Begley, III and Yasmeen S. Khaleel were recently named “Awesome Attorneys” as voted by readers of South Jersey Magazine. Mr. Begley was recognized for his expertise in the area of business law and Ms. Khaleel was recognized for her expertise […]
Euliet Smith worked for Home Instead Senior Care as a caregiver for an elderly woman. Smith said she cooked, cleaned, bathed and dressed the woman and was on duty 24 hours per day, seven days a week with every other weekend off. She said it was the most stressful job she ever had.
It is long past obvious that the Medicare Secondary Payer Statute is here to stay. But how well is the MSP faring in the courts? Judging by the decision in Hadden v. United States of America, CMS would say that it is faring quite well, thank you.
The answer to this question, at least in New Jersey, is a resounding yes, if you have the right facts. In Russo v. Hoboken Board of Education, A-1861-10T4 (App. Div. November 29, 2011), the petitioner filed a claim petition on February 24, 2004. He alleged that pulmonary injuries caused by asbestos exposure principally between 1990 […]
Many employers offer flu shots and other inoculations to employees on company premises during work hours. Complications from flu shots are very rare but the Centers for Disease Control have noted that about one in 100,000 people who get a flu shot will develop Guillain-Barre syndrome, which is a debilitating nerve disorder. There are also […]