Flambeau wellness program in ADA lawsuit

A federal lawsuit that was filed against Flambeau Inc. alleged that its employee’s wellness program went against the ADA (American Disability Act) since workers stood to lose their health insurance were they to fail to undergo medical examinations for disabilities that were not related to their jobs.

In the suit that was filed by Equal Employment Opportunities Commission (EEOC), a former employee with Flambeau plant located in Baraboo, Dale Arnold, lost his health insurance after missing a health risk assessment and a biometrics exam in December 2011.
According to court documents seen, Arnold was under treatment of congestive heart failure and cardiomyopathy while on leave.

During that time, the wellness program of Flambeau required its staffs to take a biometrics exam as well as a health-risk assessment, which included disability-related inquiries. The risk assessment required that employees reveal their health history while the biometric exam involved blood work.

On December 14, 2011, Flambeau had scheduled testing at the Baraboo plant during which time Arnold was in hospital and not able to take tests.

According to the lawsuit, Arnold returned from leave on Jan 6 2012 but Flambeau declined to rearrange the tests. Flambeau are said to have paid 75% of the premium.

Arnold later switched to COBRA health plan, but he could not afford this which led to its cancelling in June 2012, the lawsuit states. The suit alleged that ADA proscribes employers from requiring their employees to respond to medical questions regarding their disabilities if they are unrelated to their work.

John Hendrickson, the EEOC regional attorney for Chicago district said that it is against the law to penalize employees by removing them from health insurance sponsored by the company for failing to undergo assessments and exams for conditions that are non-work related.
Arnold does not work for Flambeau any longer. Brian Tyndall, the EEOC attorney, refused to specify why.

When contacted, Dana Roberts, representing Flambeau Inc., said that he had not come across the suit and stated that it was inappropriate for the company to comment on a case before the courts.

Flambeau, an international plastics products manufacturer, has more than 1600 employees at various locations. The Nordic Group of Companies, Ltd., based in Baraboo, is the owner of the firm.

According to the EEOC, it only filed the suit after settlement negotiations failed to resolve the impasse.
The suit is seeking unspecified amounts in benefits and back pay for Arnold as well as punitive damages for “malicious and reckless conduct” by Flambeau.

Utah Couple Threatens Federal Social Security Lawsuit

Social Security Administration Same sex marriage has been legal for a while in Utah, but same-sex couple James and Austin Vance still don’t feel like they’re being taken seriously. The couple was married in December 2013. They’re not sure when they’ll be able to get their social security cards and be eligible for the benefits they’re due.

The couple recently hand delivered a letter to the state’s social security administration that cited the landmark 2013 ruling, United States v. Windsor, that backs them up. They plan on taking the case to a federal court if Utah’s social security offices don’t comply soon.

State agency officials claim that they haven’t had time to put everything in place because the law didn’t technically go into effect until October 2014, when the Supreme Court refused to hear the state’s appeal.

Despite the technicality, the law states that benefits should be immediately available. The Vance’s argue that, if anything, the stay should have given them more time to become better prepared, especially since other states that use the same system have been able to make the necessary changes in less time than Utah has already had.

Muncie Podiatrist Critical After Motorcycle Accident

A motorcyclist from Delaware County had an accident at the intersection of Round Barn Road and U.S. 35 North in Richmond, Indiana. Thomas E. Freeman II, the man involved in the accident, works as a podiatrist at Preferred Footcare of Muncie. The accident occurred in this Friday afternoon, and he was taken to a hospital by air helicopter right after the accident at 5:44 p.m. this Friday. A personal injury lawyer will help Mr. Freeman get something positive out of this harsh situation by allowing him to get many benefits that he is entitled to by law.

Mr. Freeman was driving a Kawasaki motorcycle which collided with a Chevy Cavalier after passing a tractor trailer in a zone marked as “no passing,” Jeff Cappa, the Wayne County Sheriff, said. His personal injury lawyer will make sure every person involved in the accident gets plenty of benefits from the law regarding these difficult situations.

 

For more information on what to do after a motorcycle accident please visit http://www.gruber-law.com/motorcycle-accident-lawyer/

Sleeping City Employee Receives Workers Compensation – Trenton, New Jersey

In Trenton, New Jersey, a city contractor that had developed a reputation for getting caught on video sleeping while at work filed a workers compensation suit for injuries sustained at work. The nature of the injuries are undisclosed, but workers compensation claims have been increasing in frequency among the city employees, to the degree that the city is creating an official “risk manger” position to deal with them.

Charles Nottingham, the employee that filed the claim, has a reputation for sleeping on the job because of a video taken by another employee that was passed around. The video has been taken down, but that didn’t stop locals from questioning why a city employee that was caught not doing his job was seeking $19,000 from the same city. Note that Nottingham is still working for his employer, Trenton Water Works.

Nottingham’s case was seemingly strong as it passed through city council unanimously. Trenton pays out nearly $4 million annually in workers comp, and the new risk manager is expected to reduce that cost by a quarter by providing a guiding hand for all departments involved. Cases like this have spurred the city into moving forward with a bit more haste.