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Employer’s Knowledge Of Workers’ Compensation Claims History May Constitute Sufficient Evidence That Employer Regarded Employee As Disabled

The plaintiff had suffered two workers’ compensation accidents and returned to work with restrictions which she argued her employer held against her in terminating her employment.

One of the ways that a plaintiff may find coverage under the ADA is to be regarded as having a disability, even if the employee in fact has no disability. In Fieni v. Franciscan Care Center, 2011 U.S. Dist LEXIS 113910 (E.D. Pa 2011), the plaintiff worked with Franciscan Care Center, a long-term care facility, initially as a scheduler and later as a supply coordinator.

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Two Year Statute Of Limitations Runs From Last Date Of Comp Payments And Cannot Be Relaxed By Court

Many states have a provision that allows an employee to file a workers’ compensation claim within two years from the last payment of workers’ compensation benefits. But is this statute absolute?

Kirsten Toth was injured on July 23, 2004 working for Princeton Health Care. She struck her head on her car door while bending to retrieve her security badge.

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