Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

Lingering Shadow: COVID Long-Term Disability Risks for Workers

The ongoing impact of the COVID-19 pandemic extends far beyond the acute infection phase. A recent study published in PLoS One sheds light on the significant and persistent decline in health-related quality of life (HRQoL) among survivors with post-COVID conditions in the United States. This research has crucial implications, particularly when considering the potential for long-term disability among workers who contracted the virus.

ACL: Seeking Legal Shelter

Asbestos Corporation Limited (ACL), a Canadian mining company facing numerous lawsuits related to mesothelioma and asbestos-related diseases in the United States, has taken steps regarding financial restructuring.

Medical Reports Matter: Court Remands Disability Case

The U.S. District Court recently vacated and remanded a decision by the Commissioner of Social Security, emphasizing the critical importance of considering all relevant medical evidence, particularly reports generated within the context of a workers' compensation claim. 

Insurance Coverage Denied in Employee Suit

A recent case, Rice Enterprises, LLC v. RSUI Indemnity Co., highlights the complexities of insurance coverage for employers facing lawsuits from employees. The case involved a former employee who sued Rice Enterprises for negligence related to alleged sexual harassment and assault by a manager. Rice Enterprises sought coverage under its insurance policies, specifically a Workers' Compensation and Employers' Liability policy from Zenith Insurance Company and a Commercial Umbrella liability policy from RSUI Indemnity Company.  

Medicare Set-Aside Shake Up Ahead?

Awaiting a decision from the U.S. Supreme Court, Federal Communications Commission v. Consumers' Research is poised to potentially redefine federal administrative agencies' authority scope. This shift could flow into various regulatory processes, including the Workers' Compensation Medicare Set Aside Agreements (WCMSAs) adjudication. 

Workplace Injury: No Civil Recourse

A recent decision by the New Jersey Superior Court, Appellate Division, highlighted the application of the Workers' Compensation Act's exclusivity bar in a case involving a fatal parking lot accident on employer property. The court in Faisal Jameel v. HMH Hospitals Corporation affirmed the dismissal of a civil lawsuit against the employer, finding that workers' compensation covered the tragic incident and did not meet the high standard for the "intentional wrong" exception.