Medicaid Cuts: Workers' Compensation Pays?

Trump Administration's Medicaid Work Requirements May Shift Enormous Costs to Employers and Workers' Compensation Insurers

Asbestos at the Fifth Circuit

How a TSCA Rule Argument Reaches Into Workers’ Compensation.

Discovery Delays Cost Defenses

An employer's dilatory discovery and silence regarding a motion to strike led the Appellate Division to affirm an order compelling knee-replacement surgery and to underscore that medical care cannot be delayed.

Medicaid Care Workers: Not Jointly Employed

 In a significant ruling for the home care and Medicaid services industry, the United States Court of Appeals for the Third Circuit affirmed that a financial management services vendor does not qualify as a joint employer of home care workers under the Fair Labor Standards Act (FLSA). The decision in Talarico v. Public Partnerships LLC, decided May 19, 2026, carries important implications for workers' compensation coverage, overtime liability, and the rights of workers who are exposed to occupational hazards, including asbestos, in home health settings.

Medical Records Fees Reshape Claims

The cost of obtaining medical records in New Jersey workers’ compensation cases has been significantly restructured. Senate Bill 2253—signed into law by Governor Phil Murphy as P.L. 2022, c. 114, effective September 22, 2022—slashed the permissible fees that hospitals and licensed health care professionals may charge for copies of medical and billing records. Three years on, a January 5, 2026, regulatory amendment to N.J.A.C. 8:43G-15.3 has updated hospital licensing standards to bring administrative rules into full alignment with the statute, closing a gap that had persisted since 2011.

Hemp, Medicare, and Workers' Compensation

A federal district court in the District of Columbia has dismissed a challenge to a novel Medicare hemp-access program, ruling that the plaintiffs lacked standing to sue. The decision in Smart Approaches to Marijuana v. Kennedy (D.D.C. May 22, 2026) has significant implications for healthcare providers, insurers, and workers' compensation practitioners navigating the rapidly evolving landscape of cannabis-related medical treatment.

Honor Beyond the Holiday

 Making Memorial Day Meaningful in 2026

Memorial Day falls on the last Monday of May every year. Flags are lowered to half-staff at sunrise and raised again at noon. A moment of silence falls at 3:00 p.m. local time. Parades march through city streets. And then, almost imperceptibly, the holiday becomes a long weekend — a time for cookouts, road trips, and retail sales. But the day deserves more from us. It deserves remembrance.

Workplace Stress Kills Workers

The International Labour Organization's landmark 2026 Global Report, The Psychosocial Working Environment: Global Developments and Pathways for Action, delivers a sober verdict: workplace stress is not merely an inconvenience; it is a global killer. For workers' compensation practitioners in New Jersey and across the United States, this report carries profound implications. It quantifies what many attorneys and physicians have long argued: that the psychosocial conditions of work — job strain, overwork, harassment, and insecurity — are primary drivers of cardiovascular disease, mental health disorders, and even suicide.

The ILO's new global estimates, published here for the first time, are staggering in scope and sobering in implication. They demand a reevaluation of how workers' compensation law responds to stress-induced illness and death in the workplace.

NJ Workers’ Compensation: Profit Surge

An Analysis of Premiums, Profitability, and Trends from the NJCRIB 2025 Annual Report

Ebola: A Global Workers' Peril

A deadly new chapter in the decades-long struggle against Ebola has arrived. On May 16, 2026, the World Health Organization (WHO) declared a Public Health Emergency of International Concern (PHEIC), its highest level of alarm, as the Bundibugyo virus (BVD) rapidly spread across northeastern Democratic Republic of the Congo (DRC) and crossed the border into Uganda. With no approved vaccine and no targeted therapeutics, this rapidly spreading, often fatal hemorrhagic fever poses an urgent, underappreciated threat to workers around the globe, particularly those in healthcare settings.

When Refusing Surgery Is Reasonable

The NJ Appellate Division Affirms Increased Disability on a Reopener and a Full Fee Shift

SIF, PEOs, and Ethics

On May 13, 2026, the New Jersey workers' compensation bar gathered for the annual May Day Seminar, a three-hour intensive legal education covering some of the most pressing and financially consequential issues in the practice. The topics: the Second Injury Fund (SIF) credit debate, the chaos of PEO coverage litigation, and the ethics landmines embedded in the insurer/employer/attorney triangle. What follows is a practitioner's guide to the issues presented, the law as it now stands, and what you need to do about it.

Sexual Harassment Survives Dismissal

A federal court in New Jersey has issued a significant ruling at the intersection of employment discrimination law, workers' compensation, and workplace harassment. In Matthews v. United Airlines, Inc., Judge Brian R. Martinotti of the United States District Court for the District of New Jersey denied, in substantial part, defendants' motion to dismiss, allowing a flight ramp employee's claims of sexual harassment, hostile work environment, and retaliation to proceed under both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD). The decision carries important implications for workers in New Jersey who suffer harassment on the job and then find themselves further victimized by retaliatory termination.

9,000,000 Reasons to Say Thank You

Workers' Compensation Law Blog Reaches 9 Million Hits

Invisible Wounds, Visible Costs

The ILO’s 2026 SafeDay Report and What It Means for Workers’ Compensation

Single Payer’s Workers’ Compensation Gamble

For more than a decade, this blog has tracked what I have called “The Path to Federalization,” the steady, incremental expansion of federal authority over what was once an exclusively state-run workers’ compensation system. From the World Trade Center Health Program in 2010 to the Affordable Care Act’s Libby Care pilot, from Supreme Court validation of the individual mandate in 2012 to the Medicare Secondary Payer offset debate, each chapter has added a new stone to that path. California’s 2026 gubernatorial race is laying the boldest stone yet.

Virus on Board: Are We Ready?

Hantavirus, the Andes Strain, and the Workers' Compensation System's Preparedness for Person-to-Person Infectious Disease Outbreaks

SSDI in Freefall

The Social Security Administration's (SSA) Disability Insurance (SSDI) program has undergone a dramatic transformation over the past decade. New data from SSA's Office of the Chief Actuary reveal a steep and sustained decline in disabled-worker beneficiary rolls, a trend with profound consequences not only for disabled workers but also for the workers' compensation system that frequently intersects with SSDI benefits.

Arbitration Enforced Despite Language Barrier

A federal court in New Jersey has compelled arbitration in a case involving a Spanish-speaking employee who alleged disability discrimination, whistleblower retaliation, and workers' compensation retaliation. despite the fact that she could not read or understand the English-language arbitration agreement she signed.

New Jersey's ABC Test Gets Official Rules

New Jersey's Department of Labor and Workforce Development has adopted N.J.A.C. 12:11, a sweeping new set of rules that codify how the state's nearly 90-year-old ABC test is applied to determine whether a worker is an employee or an independent contractor. This is a landmark development for workers' compensation practitioners, employers, and every worker performing services in the Garden State.