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, Leslie J. Williams, Ph.D., Dr. Guller conducted an interview of Terry in which Terry revealed that he had worked as a bouncer and had been involved in several incidents.
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. Ecardio Diagnostics LLC, 793 F.Supp. 2d 964 (S.D. Texas, June 9, 2011).
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 the leave is being taken for a FMLA-qualifying reason, the employer must notify the employee as provided in § 825.300 (d).” 29 C.F.R. § 825.300(a).
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 in the area of trusts and estates law.
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 and June 30, 1993 caused his metastatic brain tumor and lung tumor which were diagnosed in 2000 and 2001. He filed his claim petition on February 23, 2004.
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 rare cases of life threatening allergic reactions, and people over 65 are generally at greater risk due to the prevalence of other medical conditions, such as blood, heart, lung, kidney or liver disorders.
After a year in 2011 in which workers’ compensation rates actually declined for the first time in decades, the new rates in 2012 have renewed the steady ascent which commenced in 1980.
The Workers’ Compensation rates effective January 1, 2012 are:
James Graf worked from 1982 to December 2002 refinishing wood floors. He had a physical job. He operated a 230-pound sander, a 50-pound edging machine, and a radiator sander. He would remove pieces of heavy equipment from his employer’s van and carry the equipment up the stairs to the work location. He also stained sanded floors moving around on his hands and knees.