(c) 2016 Jon L Gelman, All Rights Reserved.

Sunday, February 26, 2017

The limits on a total permanent disability award

The New Jersey Supreme Court recently heard oral argument concerning the mathematical limits of a workers’ compensation total disability case. At the heart of the issue was whether an injured worker could have an increase in a pre-existing permanent partial disability [PPT] claim, that existed prior to the last compensable injury which was to another part of the body. The last compensable claim rendered the worker totally and permanently disabled.

Thursday, February 16, 2017

The Consequences of TrumpMedical 2016–25: Price Increases, Aging Push Sector To 20 Percent Of Economy

Workers' Compensation medical expenses mirror some of the national health care projections. An aging workforce and the increased longevity of the population impacts overall all costs. Furthermore as the Affordable Healthcare Act's repeal has been anticipated by the Republican Administration, medical care costs are anticipated to spiral. The draft release of the Republican proposal for a new national medical care system is now being revealed.

Directly and indirectly, workers' compensation coverage will feel the impact. For chronic condition denials, pre-existing condition denials and occupational disease denials, the safety net of Medicaid will be diminished and the workers' compensation system will again be the primary target for payment and litigation will increase logarithmically.

Professional Liability Policy Rescinded For Failure to Provide Notice

A US District Court ruled that a professional liability insurance company was permitted to rescind an attorney's policy for lack of notice. The attorney was instructed to appeal a workers' compensation claim and failed to do so on a timely basis, and did not provide notice to the professional liability insurance carrier under the terms of the policy, or in renewal applications, or when when requested on five occasions.

Liberty Mutual Underwriters, Inc., v Wolfe, et al., Civ. No. 16-2353 (WHW)(CLW) Decided 02/03/2017 (USDCT D.NJ) Unreported 2017 WL 481468

Wednesday, February 15, 2017

Accelerated Justice Is Problematic on Appeal

Workers' Compensation matters were intended by the legislature to be summary and remedial actions. Accelerated justice does have its consequences on appeal, and should be implemented prudently.

Occupational Exposure to Lead Continues to be a Serious Health Issue

The California Department of Health has reported that the workers' occupational exposure to lead continues to be a serious public health issue.

Monday, February 13, 2017

Gorsuch, Chevron and Workplace Law

Today's guest post is authored by Jon Rehm, Esq. of the Nebraska Bar.

Employers and their attorneys are widely hailing President Trump’s nomination of 10th Circuit Court of Appeals Judge Neil Gorsuch to the U.S. Supreme Court. Part of the reason that management-side lawyers are praising Gorsuch is his position on Chevron deference. Gorsuch’s views on Chevron could affect how workplace laws are interpreted and how they apply to workers.

Sunday, February 12, 2017

FELA: US Supreme Court to Review Personal Jurisdiction Criteria

The United States Supreme Court will review the merits of a case involving the personal jurisdiction criteria of a FELA case.

"Issue: Whether a state court may decline to follow the Supreme Court's decision in Daimler AG v. Bauman, which held that the due process clause forbids a state court from exercising general personal jurisdiction over a defendant that is not at home in the forum state, in a suit against an American defendant under the Federal Employers' Liability Act."