The Facts Don't Change Because You Try a Case

In my early days in the practice of law,  when I was eager to try every case, my dad, a lawyer, used to remind me that, "The facts don't change because you try a case." I  was reminded of that adage while reading a recent NJ Appellate Court's opinion, where a respondent unsuccessfully appealed the trial court's decision.

Hot Topics in Workers' Compensation Law 2017 - Wednesday, September 27, 2017 5pm-8:35pm

Hot Topics in Workers Compensation Law 2017

Wednesday, September 27, 2017 5pm-8:35pm

Termination and the lingering cloud over a disabled worker

Injured workers are in constant fear of losing their jobs as a result of absenteeism caused by injuries incurred at work. NJ Supreme Court Justice LaVecchia noted in a recent concurring opinion in a Law Against Discrimination (LAD) case, that termination based on absenteeism challenges the remedial social intent of the workers’ compensation act.

The Rise and Fall of Workers' Compensation - The Path to Federalization

Every year The Board of Trustees of the Federal Hospital Insurance and Federal Supplemental Medical Supplemental Medical Insurance Trust Funds makes an actuarial guess as to the future financial solvency of Medicare. The report creates an annual news frenzy in the workers’ compensation community since Medicare is both the safety net for injured workers and playground for employers and their insurance companies to use in cost shifting,

UPS Driver Prevails on Repetitive Trauma Injury

The NJ Court of Appeals, in an unreported decision, has upheld the compensability of a repetitive traumatic condition asserted by a United Parcel Service (UPS) truck driver who for 39 years drove vehicles with poor suspension and hitched trailers together at depots.

Employer-Reported Workplace Injuries and Illnesses Continue to Decline

The US Bureau of Labor Statistics (BLS)  has reported that there were approximately 2.9 million nonfatal workplace injuries and illnesses reported by private industry employers in 2015, which occurred at a rate of 3.0 cases per 100 equivalent full-time workers.

Opioid Litigation and Workers' Compensation

The newly initiated litigation by public entities against Big Pharma may prove to be a huge boost to the workers' compensation system. The lawsuits have the potential curtailing a massive drain of benefit dollars and may provide for subrogation as a result of the nations' opioid epidemic.