Recent Publications - Labor & Employment


Court Enforces Long Term Disability Policy’s Three Year Statute of Limitations
August 31, 2012 | Insurance Coverage | Labor & Employment | Appeals

The plaintiff in this case held a research position at Cornell University’s Weill Medical College (WMC) since at least 1997. On September 26, 2001, the plaintiff received a termination letter, effective as of September 28, 2001.

On March 26, 2002, the plaintiff submitted a claim for disability benefits under WMC’s group long term disability insurance

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What Employers Need To Know About Obligations To Military Personnel
August 31, 2012 | Labor & Employment | Appeals

Several thousand U.S. military personnel have recently returned or will soon return from tours of duty.  Employers have obligations to military personnel and their families under both state and federal laws.  

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of service members who are voluntarily or involuntarily absent from their

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Recent Updates in Health Care Employment Law
August 14, 2012 | Labor & Employment

New York health care providers employ almost one million employees in New York State and are subject to a wide array of employment laws as well as unique challenges and issues.  Most of these laws apply to health care providers regardless of whether they employ four or four thousand employees.  This column will briefly summarize

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Denial of Employee’s Post-Bankruptcy Disability Claim Bars Recoupment of Pre-Bankruptcy Overpayment of Disability Benefits
July 31, 2012 | Insurance Coverage | Labor & Employment | Appeals

The plaintiff in this case worked as an engineer for the Boeing Company. Under Boeing’s long term disability plan, employees who were totally disabled as a result of accidental injury or illness were eligible for long term disability benefits. During the first 24 months of disability, the plan’s “own occupation” definition of disability applied, under

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Employee’s Total Weekly Workers’ Compensation Payment May Not Exceed Statutory Cap, Court Rules
June 30, 2012 | Insurance Coverage | Labor & Employment | Appeals

The worker’s compensation claimant in this case worked as a collision shop technician in New York, repairing automobiles. In 2005, he suffered three injuries on the job. On February 21, he slipped on ice, injuring his hip and back. On March 18, he suffered a lower back sprain. He left his job on June 27

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A Landscape View of Privacy Protection Issues
June 30, 2012 | Intellectual Property | Labor & Employment | Complex Torts & Product Liability | Appeals | Professional Liability

Please click the link below to view “A Landscape View of Privacy Issues.” Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

A Landscape View of Privacy Issues

Reprinted with permission.  All rights reserved.

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Children’s Social Security Disability Benefits Paid For A Parent’s Disability May Reduce Benefits Under Employer Plan, Circuit Finds
May 31, 2012 | Insurance Coverage | Labor & Employment | Appeals

The plaintiffs in this case sued to recover benefits under the long term disability benefit plans that were maintained by their former employers, Aviall, Inc., and Perkins Coie, respectively, and that were issued by the Prudential Insurance Company of America. The plans provided for a reduction of disability benefits if a disabled employee also received

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Employee Fired While Incarcerated Not Entitled To Unemployment Benefits
April 30, 2012 | Insurance Coverage | Labor & Employment | Appeals

Crystal Mandall started working as a dental assistant for a New Jersey dental center in November 2007. On April 20, 2010, she was arrested on criminal charges. She kept in touch with the dental center through a relative, promising to return to work as soon as she was released. She remained incarcerated until May 1.

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FMLA Protects Pre-Eligibility Request for Post-Eligibility Leave, Circuit Finds
March 31, 2012 | Insurance Coverage | Labor & Employment | Appeals

The plaintiff in this case began working at a senior living facility operated by Brookdale Senior Living Communities, Inc., in Pompano Beach, Florida, on October 5, 2008. She was terminated 11 months later, in September of 2009. In June 2009, the plaintiff advised Brookdale that she was pregnant and would be requesting leave under the

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Circuit Court Reverses Dismissal of Complaint Seeking Long Term Disability Benefits On Limitations Grounds
February 29, 2012 | Appeals | Insurance Coverage | Labor & Employment

After the plaintiff in this case brought suit to challenge a denial of long term disability benefits, the district court concluded that the complaint was time-barred by a limitation-of-actions clause in the plan. The plaintiff appealed.

The plan, issued by Hartford Life and Accident Insurance Company, generally prohibited a claimant from bringing a lawsuit more

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