Hugh McNeil was a long-time police officer for the Township of South Brunswick. On April 3, 2010, McNeil responded to an emergency call. He was wearing his bulletproof vest and gun belt and said that he hurriedly exited his vehicle, feeling pain in his back. He said he might have hit the steering wheel but was not sure. Later that day he went to the hospital for treatment and reported the incident to his supervisor. (more…)
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- John H. Geaney
- NJ Workers' Comp, Uncategorized
The court makes clear that an unexpected event is covered even if the employee could foresee the harm (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
New Jersey court held that the decedent worked for four companies and therefore his representative could not sue any of those four companies civilly
Amado Guillermo Orbe sustained fatal injuries using a manlift to remove overhead piping on October 11, 2007. He performed various job duties for a number of companies. His estate sued Safer Holding Corporation, the parent corporation, and its affiliated companies of Safer Pigment, Meadows, Kuttner and Safer Textile. These companies formed Safer’s textile operations in Newark, N.J. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
Failure to make timely payment of temp benefits may subject employer to enhanced fees
We have previously written about the matter of Qureshi v. Cintas Corporation, A-2703-10T2 (App.Div. February 15, 2012) in prior legal updates. The case has now made its third appearance before the Appellate Division. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
Lori Ferguson was hired as a physical education teacher for the Trenton Board of Education in 1998. She taught full-time and also was approved by the Board as a summer school teacher in 2000, 2002, and 2003. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
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. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
As the world in which we live continues to become more technologically advanced, it should come as no surprise that this advancement is having effects on many areas of the law. Attorneys and clients are beginning to see the interplay between social networking sites, such as Facebook, and the law, as these social platforms are ultimately re-defining the definition of “privacy.” Users of Facebook are aware that the information posted on their profile page may be shared with the general public. Hence, there are certain privacy settings to control just how much information is shared and with whom it is shared. For discovery, the question becomes – at what point is privacy lost? Truly, social networking sites amount to a treasure trove for discovery in litigation. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
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. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
Rommel Calle worked part-time for DaJana Industries from November 2004 to March 2005. During the other months of the year he did work as a laborer for several other employers. (more…)
- John H. Geaney
- NJ Workers' Comp, Uncategorized
Employees of Capehart Scatchard recently volunteered for and participated in the 4th Annual “Bark In the Park” dog walk and festival at the Rose Tree Park in Media, Pennsylvania on Saturday, October 8, 2011. Proceeds from the event benefited the Delaware County S.P.C.A. which was able to exceed its fundraising goal in this one event. Please see the photo below from the event. Hit the comment button and let us know which partner of Capehart Scatchard’s workers’ compensation department is under the dog suit. Guess right and you will receive a visit from our mystery partner, in disguise of course.
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