Publications
Claimant's good faith effort in applying for jobs is not a factor when an employer seeks a modification of benefits based on residual earning capacity.
Following the claimant's work injury, the employer filed a modification petition, alleging that the claimant had a residual earning capacity.
Plaintiff failed to demonstrate that she suffered an adverse employment action when an employer never filled the position for which she applied.
The plaintiff alleged that her employer discriminated against her and retaliated against her, in violation of the Americans with Disabilities Act ("ADA") and the Family and Medical Leave Act ("FMLA"), when she was not permitted
Case Law Alert - 4th Qtr 2010
It is impermissible for defendants in medical malpractice actions to utilize an expert who is linked to plaintiff's treating physicians.
The plaintiff, who suffers from cerebral palsy, autism, epilepsy and deafness, was born three months premature.
Case Law Alert - 4th Qtr 2010
Employer's failure to maintain payroll records eliminates plaintiff's burden of showing with particularity the amount due for overtime.
The plaintiffs, current and former hourly workers, instituted an action for overtime pay due under the provisions of the FLSA and NJWHL.
Case Law Alert - 4th Qtr 2010
The scope of employment: are injuries occurring at home during the maintenance of essential items used in work compensable?
The petitioner, the owner and driver of a tractor trailer, entered into a written lease agreement with the respondent to use his vehicle to perform hauling services exclusively for the respondent.
An employer may properly issue a notice of compensation denial to accept a claimed work injury for medical purposes only.
In this case, following the claimant's work injury, the employer issued a Notice of Compensation Denial ("NCD"), indicating that investigation was ongoing, pending receipt of medical documentation.
Case of first impression: take warning—communications between counsel and his testifying expert are discoverable.
In a case of first impression, the Pennsylvania Superior Court held that "if an expert witness is being called to advance a party's case-in-chief, the expert's opinion and testimony may be impacted by correspondence and communications with the par
Case Law Alert - 4th Qtr 2010
Obligation to provide access to the disabled who use service animals and sufficiency of pleadings.
The plaintiff, who is hearing impaired, filed suit under the ADA and NJLAD alleging she was denied service at the defendant's restaurant due to the presence of her service dog.
Case Law Alert - 4th Qtr 2010
Burden of proof on employee seeking transfer as part of reasonable accommodation request.
The plaintiff asserted that his employer failed to engage in the interactive process to address accommodating his disability and should have transferred him to a position that was within his qualifications and abilities.
Case Law Alert - 4th Qtr 2010
Delaware law regarding host liability for death of a child attendee at pool party.
The defendant Tiera Brown held a party for her daughter's second birthday at the home of the Urquharts. The Urquharts agreed to let Tiera use their in ground pool and deck area for the party.
Case Law Alert - 4th Qtr 2010