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Showing posts with label presumption. Show all posts
Showing posts with label presumption. Show all posts

Saturday, September 23, 2023

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

Friday, June 4, 2021

NJ Governor Murphy Signs Legislation and Executive Order Ending COVID-19 Public Health Emergency

With all COVID-19 capacity restrictions on businesses and gathering limits having been lifted due to the continued improvement of New Jersey’s public health metrics, Governor Phil Murphy today signed legislation (A5820/S3866) enabling the end of the COVID-19 Public Health Emergency that has been in place since March 9, 2020. Immediately following the signing of the legislation, Governor Murphy signed Executive Order No. 244, ending the COVID-19 Public Health Emergency. Under the legislation, the majority of executive orders issued pursuant to the Public Health Emergency will expire 30 days from today.

Monday, July 6, 2020

Monday, May 18, 2020

Senate Passes Booker, Grassley Bipartisan Bill Helping Families of First Responders Lost to COVID

The U.S. Senate unanimously cleared legislation authored by Senators Cory Booker (D-NJ) and Chuck Grassley (R-IA) to improve timely access to financial assistance for families of public safety officers lost to COVID-19. The Safeguarding America’s First Responders Act (SAFR) clarifies certification requirements for survivor benefits under the Public Safety Officers Benefits Program to account for the unique challenges presented by the current coronavirus pandemic.

Wednesday, May 13, 2020

Bill Expanding Workers’ Comp Benefits for ‘Essential Workers’ Advanced by Labor Committee

Panel approves legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits

Acting to ensure that ‘essential workers’ serving public needs during the coronavirus crisis get the benefits and protections they deserve, the Senate Labor Committee approved a bill authored by Senate President Steve Sweeney, Senator Robert Singer and Senator Linda Greenstein expanding access to workers’ compensation and other benefits for front-line workers sickened by the coronavirus.

“The men and women who are on the front lines protecting our health and safety and providing the vital services we all need during this crisis must be assured that they have basic worker protections and that they can get workers’ compensation if they fall ill to the coronavirus,” said Senator Sweeney (D-Gloucester/Salem/Cumberland). “We need to ensure that they can go to work with the knowledge that these benefits will be there if they need them.”

The bill, S-2380, would create a presumption that coronavirus disease infections contracted by essential employees who interact with the public, including health care workers and public safety workers, are work-related for the purpose of determining employment benefits for work-related injuries and illnesses, including workers’ compensation benefits. It would cover workers in the public and private sectors.

“New Jersey’s essential employees continue to go to work each and every day, inevitably putting themselves in harms way as they serve their communities,” said Senator Singer (R-30). “Frontline workers who contract COVID-19 should have access to financial safeguards and quality medical care. While we’re hammering out the details with stakeholders and the bill remains a work in progress, I look forward to a positive outcome for everyone.”

The presumption would apply to essential employees in both the public and private sectors who perform needed work during the current public health emergency and would be retroactive to March 9th, when New Jersey’s state of emergency was declared.

“If we are willing to define some of some of the lowest-paid members of our workforce as essential and ask them to put themselves at a higher risk, we must ensure that we provide them with the workers compensation benefits they deserve,” said Senator Greenstein (D-Middlesex/Mercer). “In this unprecedented public health crisis, it is more important than ever that basic protections for those workers who interact with the public and increase their own risk of exposure should be maintained.”

The committee vote was 3-1-1.

The following bill(s) have been scheduled for a committee or a legislative session.
S2380:
Sweeney, Stephen M./Scutari, Nicholas P./Singer, Robert W.
Concerns employment benefits and coronavirus disease 2019 infections contracted by essential employees.
5/14/2020 3:30:00 PM Senate
Voting Session (remote)

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Twitter: jongelman
LinkedIn: JonGelman
Author: "Workers' Compensation Law" West-Thomson-Reuters

Saturday, May 9, 2020

California Governor Newsom Announces Workers’ Compensation Benefits for Workers who Contract COVID-19 During Stay at Home Order

The state of California joins A growing number of states who are now liberalizing access to Workers Compensation. benefits for injured workers. New Jersey will be discussing similar legislation next week in Trenton New Jersey (NJ S2380).

Thursday, July 18, 2013

Governor Christie Vetoes First Responder Workers' Compensation Bill

NJ Governor Chris Christie has vetoed legislation that would would have created a presumption that of compensability for first responders who contracted cancer. He calls NJ workers' compensation system "successful" as is.

S-1778/A-1196 (Greenstein/Stender, Egan, O’Donnell, Wimberly) – ABSOLUTE -  ‟Thomas P. Canzanella Twenty First Century First Responders Protection Act”; concerns workers’ compensation for public safety workers.


July 18, 2013 
SENATE BILL NO. 1778 
(First Reprint) 
To the Senate: 
 Pursuant to Article V, Section I, Paragraph 14 of the New 
Jersey Constitution, I am returning Senate Bill No. 1778 (First 
Reprint) without my approval. 
 Since New Jersey’s workers’ compensation law was enacted 
more than a century ago, the unique circumstances surrounding 
workplace injuries of all employees – including our State’s 
public safety workers – have been considered in the context of 
the fact-sensitive circumstances surrounding each incident. 
This time-tested process appropriately balances all facts 
necessary to determine a proper compensation award. In 
contrast, this bill alters that careful balance by providing 
public safety workers with a presumption to workers’ 
compensation, rebuttable only by clear and convincing evidence. 
This sweeping new standard would apply to disabilities 
associated with an array of enumerated incidents and, in some 
cases, disabilities not tethered to any work-related incident at 
all. 
As a State, we must continually recognize the selfless 
contributions of our first responders. Day in and day out, 
these brave women and men make enormous sacrifices in order to 
ensure our collective safety, health, and well-being against all 
manner of threats. That essential public service, and the costs 
associated with the injuries those duties may cause, must be 
administered in a responsible manner that matches our public 
resources. Although this measure would likely have a 
significant impact on State, local, and municipal government 
budgets, the bill’s sponsors refused to obtain a fiscal analysis 
or refer the bill to either house’s respective budget  
committees. Regrettably, the Legislature’s failure to pursue 
the responsible course of thoroughly reviewing the significant 
changes to a successful and long-standing system, and the 
corresponding impact of this proposal on taxpayers, prevent my 
approval. 
Our public safety workers are vital to our State and I am 
committed to ensuring their well-being and protection. Reasoned 
suggestions for improving those practices should be openly and 
honestly evaluated. While I welcome a discussion on new ways to 
enhance the lives of emergency responders, the truncated and 
insufficient manner in which this proposal was prepared and 
passed is not consistent with our responsibility as elected 
representatives of all citizens. 
 Accordingly, I herewith return Senate Bill No. 1778 (First 
Reprint) without my approval. 
Respectfully, 
 [seal] /s/ Chris Christie 
 Governor 
Attest: 
/s/ Charles B. McKenna 

Chief Counsel to the Governor 

Read more about workers compensation and Governor Christie
Apr 23, 2013
“'We're going to be coming up with a package of proposals that's going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight. 'The employers who may not be stepping up and meeting ...
http://workers-compensation.blogspot.com/
....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.