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Saturday, February 10, 2018

Just Published: 2018 Update - Gelman on Workers' Compensation Law

Jon Gelman’s newly revised and updated 2018 treatise on Workers’ Compensation Law is now available from by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most preferred online legal research service.'"
  • Medical fees are reviewed in this supplement including the procedures for discovery, the statutory mandate of electronic medical billing, and the Medical Fee Taskforce Report II that discusses the proposed enhanced evidentiary requirements for submission and proof in disputed matters.
  • The complexities of conferring jurisdiction through the use of the Internet in multi-state matters are discussed.
  • Innovative legal challenges to the concept of “employment status” are analyzed as rapid changes have established new legal frontiers requiring judicial interpretation.
  • The judicial decision denying the attempted pre-emption of a workers’ compensation claim through the application of an adjudicated Law Against Discrimination matter is reviewed.
  • The recent NJ Supreme Court case involving the jurisdictional issue of employment status is reviewed. This supplement reviews the analysis and mandates of the Court concerning the appropriate forum to resolve the concurrent jurisdiction issues. Another new case law, including dual employment status and its application to the Exclusivity Rule, is discussed.
  • A revised chapter has been added that discusses the responsibilities of a workers’ compensation attorney and ethical considerations while handling claims. The material includes how to identify and protect the client’s interest of protected personal in-formation confidentiality. Additionally, it reviews potential cybersecurity threats in light of the increased technology advancement of the practice and what attorneys should do to protect against and respond to the cyber attacks.
  • This supplement analyzes the newly enacted expanded World Trade Center Health Program and the integration with workers’ compensation benefits.
  • The section on cancer and the complex smoking defense has been expanded and updated. It now includes a review of current case law and literature encompassing the health effects of environmental tobacco smoke.
  • Recent decisions concerning The Federal Influenced and Corrupt Organizational Acts (RICO) and workers’ compensation insurance companies, medical providers, and self-insured are discussed. The current Federal Court decisional activity involving NJ operating pharmaceutical distributors is reviewed.
  • The new Centers for Medicare and Medicaid Centers (CMS) Secondary Payer Act Secondary Payer Act (MSP) offset procedures and adopted regulations, implementing The SMART Act are presented in this supplement. The rules for both beneficiary and applicable plans to process and to perfect an appeal are reviewed. The method and manner of reporting, and communication, with the newly established CMS Commercial Repayment Center (CRC) for workers’ compensation conditional payment is reviewed. Additionally, the newly established procedures and formats for Workers’ Compensation Medicare Set-Aside Arrangements (WCMSA) are discussed.
  • Newly proposed rules by the Occupational Safety and Health Administration (OSHA) concerning beryllium are reviewed. Additionally, a list of New Jersey Covered Facilities under the Energy Employees Occupational Illness Compensation Program is provided.
  • The NJ Supreme Court decision involving “The Coming and Going Rule” and its application to parking lot cases are discussed. Cardiovascular disability claims are analyzed in accordance with the NJ Supreme Court’s recent decision involving what constitutes “work effort” that would trigger a compensable event.
  • The application of the Fraud Prevention Act as a mechanism to bar compensability when information is withheld is reviewed in this supplement. The synergy between tort law and the Workers’ Compensation Act, as expressed in recent case law, is discussed. The recent decision involving the determination of employment status and independent contractors is incorporated in this material.
  • New procedures regarding contacting insolvent entities administered by the NJ Product-Liability Insurance Guaranty Association are outlined. The recent Court ruling involving temporary disability benefits and third-party action liens are included in this supplement.
  • The new Life Tables are included in this material. The updated Centers for Medicare and Medicaid Services reporting requirements for recoveries for environmental hazards and ingestion of particular substances are discussed.
  • The utilization of new procedures for medical provider benefit recovery, motions for emergent medical treatment, counsel fees, and methods to correctly respond to the Court and notice requirements for hearing notice listings are described in this supplement.

Gelman on Workers’ Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.

It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™. [Westlaw Database Identifier NJPRAC].

Now also available an electronic edition/tablet edition as a ProView™ edition.

Click here now to order your copy.

Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades, he has been involved in complex litigation involving thousands of clients challenging the mega-industries of asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of The Workers Injury Law & Advocacy Group (WILG), a charter member of The College of Workers' Compensation and a member of The National Academy of Social Insurance (NASI). Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer.