Opioid Litigation: Anticipated Positive Impact on Workers' Compensation Systems

The increase, in both the number of settlements and magnitude of opioid lawsuits being filed, is anticipated having a positive outcome on workers' compensation systems that have suffered the burden of opioid addiction and death in epidemic proportions.

Cries of High Costs and Fraud – Watch for Reforms

Today’s post comes from guest author Kit Case, from Causey Wright, Seattle, Washington..

There is always discussion, in every state, about the expense of workers’ compensation insurance to employers. It is common to hear stories of corruption and fraud when employer costs run high. This discussion can lead to cries of fraud, usually with fingers pointed towards claimants and often tied into efforts to reduce benefits to injured workers. As a recent example, take a look at the article published on July 23rd in the Fresno Bee, written by Dan Walters of CALmatters, titled “California workers’ compensation system plagued by high costs and fraud.” In the article, Mr. Walters points to Southern California as an area particularly afflicted by fraud, inserting the hot-button phrase “immigrant workers,” as follows:

US BLS Reports: Deaths on the Job Soar

There were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015, the U.S. Bureau of Labor Statistics reported today.

Verbal Notice to Supervisor Satisfies Notice Requirement - Unpublished Decision

A police officer who provided verbal notices to an injury to his supervisor the evening of the accident was held to ratify the notice requirement under the Workers’ Compensation statute and deem the accident compensable. In an unpublished shed decision*, the NJ Appellate division ruled that the employer was responsible for benefits even though treatment was not sought for three weeks following the accident.

Joint Employment: The Attack on the Citadel

The Trump Administration has just initiated a step to shield major companies from challenges from employees who are working for a franchise. What was considered as “join employment” under an Obama-Era ruling by the National Labor Relations Board (NLRB) has been reversed. The test of indirect control or unexercised control over a worker will no longer be valid to determine the existence of an employer-employee relationship.

Exclusivity Rule: Police Officer Hired to Direct Traffic Was a Special Employee-Unpublished Opinion

A municipal police officer who was hired by a contractor to direct traffic at a construction site was determined to be a “special employee” and barred from suing a co-worker of the construction company. The NJ Appellate Court has held, in an unpublished opinion*, the  “Exclusivity Rule” barred the institution of a civil action against a co-worker.

NJ Supreme Voids Agreements Not To Sue Third-Parties

In a landmark decision, the NJ Supreme Court has ruled that agreements between employers and employees not to file a lawsuit against an employer's customers are unenforceable. The Court held that such disclaimers are against public policy.