(c) 2017 Jon L Gelman, All Rights Reserved.

Friday, May 19, 2017

Opioid Abuse and the NJ Workers' Compensation Act

The implementation of the recently enacted NJ law concerning substance abuse disorders was the subject of an insightful panel discussion today at the annual meeting of the NJ Workers' Compensation Section.

(Left to right) Jag Desai, MD, Nancy J. Johnson, Esq., Jon L. Gelman, Esq,
Christopher P. Gargano, Esq., Mark B. Zirulnik, Esq., Hon Joanne Downey, Member of the NJ General Assembly
Photo Credit: Margaret Sherlock
The reviewed the implications of the newly enacted NJ law, A3, PL2017, c28, that was enacted on February 15, 2017, and become effective 90 days later. That Act requires health insurance coverage for the treatment of substance abuse disorders. It places certain restrictions on the prescription of opioid and certain other drugs. The law mandates abuse educational programs.

Saturday, May 13, 2017

NJSBA: The Ethics of Pain Management: The Workers’ Compensation Bench/Bar Conference

Friday May 19, 2017 11:15AM - 1:30PM - Borgata, Atlantic City , NJ 
The Ethics of Pain Management: The Workers’ Compensation Bench/Bar Conference

A round table discussion of the ethical complications of opioid prescriptions in workers’ compensation matters from the medical and legal perspective.  

State of the Division:
Hon. Russell Wojtenko, Jr., Chief Judge
Division of Workers Compensation

Katherine Hellander Geist, Esq.
Capehart Scatchard, Mt. Laurel

Jag Desai, M.D., Interventional Pain Medicine Specialist
Metropolitan Pain Consultants, Lyndhurst
Christopher P. Gargano, Esq.
The Bianchi Law Group, LLC, West Caldwell
Jon L. Gelman, Esq.
Jon L. Gelman, Attorney at Law, Wayne
Mark B. Zirulnik, Esq.
Zirulnik, Sherlock & DeMille, East Hanover   
NJ CLE: 2.7 general credits
NY CLE: (Transitional & Non-transitional) 2.5 professional practice credits
PA CLE: 2.0 substantive credits pending ($8.00 check payable to NJICLE) 

Saturday, May 6, 2017

CMS Prohibited From Collecting for Unrelated Conditions

A Federal Court in California has prohibited the Center for Medicare and Medicaid Services (CMS) from seeking reimbursement of conditional payments when the medical codes for the conditions are unrelated or not related even if the primary code was for a work-related medical condition. The court made the following ruling in a motion for partial summary judgment in a declaratory judgment action.

Saturday, April 22, 2017

The Internet Redefines Jurisdiction

The Internet has resulted in widespread changes in workers’ compensation including what defines a contract of employment. In determining the applicable law governing a claim, the NJ Appellate Division, in a unanimous reported decision, went back to basics in reaching the conclusion that NJ had jurisdiction.

Wednesday, April 12, 2017

An Increase Predicted of Reported Mesothelioma Cases

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.

Thursday, March 30, 2017

National Asbestos Awareness Week April 1-7, 2017

S. RES. 98 Designating the first week of April 2017 as “National Asbestos Awareness Week”.

March 27, 2017
03/29/2017 Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent.  (All Actions)
Senator Jon Tester

Mr. Tester (for himself, Mr. Markey, Mr. Isakson, Mr. Daines, Mr. Durbin, Mrs. Feinstein, Ms. Warren, Mr. Merkley, and Mr. Leahy) submitted the following resolution;

Friday, March 24, 2017

NJ Bar Association Seek Re-Nomination of Judges of Compensation and System Wide Procedural Improvements

The NJ State Bar Association is urging Gov. Chris Christie to reappoint qualified workers’ compensation judges who are eligible for tenure.
Read the letter to Gov. Christie here. (March 22, 2017)

The organization also offered proposals to the Division of Workers’ Compensation to promote efficiency in processing formal claims.
Read the letter to the Division of Workers' Compensation here. (March 22, 2017)