Over 46% of High-risk Adults Are Endangered by Workplace Exposures to SARA-CoV2

A recent study published in The Journal of the American Medical Association (JAMA) this week finds that workplace-exposures to SARS-CoV2 endanger, not only the workers but also imperil the lives of their household contacts. 

NJ Tightens COVID-19 Pandemic Restrictions

 NJ coronavirus cases continue to soar to a new daily number of 3,877 and a Rate of Transmission 1.25% and the state has now issued further restrictions to curb the spread of the potentially fatal virus. These new restrictions will impact business in the entertainment and hospitality field as well as indoor sports. 

Grocery Store Workers Five Times More Likely to Get COVID-19 Infection

Grocery store employees are likely to be at heightened risk of COVID-19 infection, with those in customer-facing roles 5 times as likely to test positive as their colleagues in other positions, suggests the first study of its kind, published in the journal Occupational & Environmental Medicine.

The COVID-19 Advisory Board and the Future of Workers’ Compensation

Today, the Biden-Harris Transition announced the formation of the Transition COVID-19 Advisory Board, a team of leading public health experts who will advise President-elect Biden, Vice President-elect Harris, and the Transition’s COVID-19 staff. The Transition COVID-19 Advisory Board will be led by co-chairs Dr. David Kessler, Dr. Vivek Murthy, and Dr. Marcella Nunez-Smith. Dr. Beth Cameron and Dr. Rebecca Katz are serving as advisors to the Transition on COVID-19 and will work closely with the Advisory Board.

Halting Workplace COVID-19 Transmission: An Urgent Proposal to Protect American Workers

A report authored by David Michaels and Gregory R Wagner and published by The Century Foundation highlights the actions needed to strengthen The Occupational Safety and Health Administration {OSHA] in order to make workplaces safer. Today’s post is shared from tif.og

NJ Announces COVID-19 Worker Protection Complaint Form

NJ Executive Order 192 imposes requirements on every employer-business, non-profit, governmental and educational entities to take steps to prevent the spread of COVID-19 to employees, customers and others who come into physical contact with its operations. 

Unions Sue Trump Admin for Shelving Standard That Would Protect America’s Healthcare Workers From Exposure to Infectious Diseases

Today, the American Federation of Teachers (AFT), the American Federation of State, County and Municipal Employees (AFSCME), the Washington State Nurses Association (WSNA), and the United Nurses Association of California/Union of Health Care Professionals (UNAC/UHCP) sued Labor Secretary Eugene Scalia and the Occupational Safety and Health Administration (OSHA) for unlawfully delaying rulemaking on an occupational standard to protect healthcare workers from infectious diseases transmitted by contact, droplets, or air — like influenza, COVID-19, and Ebola. In 2017, the Trump administration tabled work on an Infectious Diseases Standard. It has refused to move forward with the standard amid a catastrophic pandemic — and despite the pleas of healthcare professionals. The administration’s unreasonable delay violates the Administrative Procedure Act and the Occupational Safety and Health Act (OSH Act).

Nursing Homes Unprepared for the Winter Coronavirus Surge

As the coronavirus (SARS-CoV2) case numbers drastically rise throughout the United State, the lack of preparation becomes more obvious and the burden on the workers’ compensation programs will equally increase. Essential medical workers and their support staff may become in short supply.

Governor Murphy Signs Executive Order Extending Public Health Emergency in New Jersey

As the number of cases of COVID-19 continues to surge across the country and in NJ, Governor Phil Murphy signed Executive Order No. 191. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended on April 7, May 6, June 4, July 2, August 1, August 27, and September 25. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed. 

Testing Can’t Promise You a Rose Garden. But What Can It Promise?

Developing a pandemic preparedness strategy for the workplace is critical in control of COVID-19. Today's guest author, Michael Gelman, MD PhD, discusses the how the application of the latest medical information can achieve that goal.

The events of the past week have made it very clear:

Michael A Gelman MD PhD

there is no testing strategy that, alone, can guarantee safety from COVID-19. Rather, a strategy of targeted layered containment represents the best hope for reducing the risk of transmission. Even with the best testing achievable, masks help; distancing helps; being outdoors helps; reducing mass gatherings definitely helps; and in extremis, closing in-person schools and non-essential businesses helps. That’s why Governor Cuomo’s cluster action initiative, as advised by multiple nationally-recognized epidemiologists, is being implemented. It’s uncomfortable and onerous - but the shutdown in March and April was uncomfortable and onerous, and until there’s a lot more immunity than there is now, it’s the best we can do.

NJ & NY Launch Apps to Help Prevent the Spread of Covid-19

Governor Phil Murphy and New York Governor Andrew M. Cuomo today announced the launch of COVID-19 exposure notification mobile apps in their respective states that will serve as crucial tools to supplement the effort to trace and contact individuals subject to a COVID exposure. 

Workplace Testing - Pandemic Preparedness Strategy for Success

Maintaining a safe workplace is a crucial strategy in the era of COVID-19. Today's guest author, Michael Gelman, MD PhD, discusses how testing can play a critical role going forward.

A lot of people are getting very excited about Michael Mina’s proposed strategy of cheap, rapid, frequent testing. From his Op-Ed in the Times, to his appearance on TWiV, to this article in the Atlantic, there’s a lot of hope around the potential for inexpensive antigen tests, like the Abbott BinaxNow - which quickly got bought up by the Department of Health and Human Services through December’s anticipated production. It’s possible that another company funded by a U.S. Government initiative might come out with something as good, or better, in the near future. (And no, I don’t have any inside information on any of this. Not that I haven’t asked around.) All this comes amid the CDC’s controversial revision of its testing guidelines, as well as a recent FDA statement that points out the unknowns around repurposing a test, which was originally developed for diagnosis, to screen large numbers of asymptomatic persons. Meanwhile, another Times article points out what many of us have known for months: that a positive PCR test late in the course of illness may be more of a hindrance than a help. 

The Second Time Around: The Complexity of SARS-CoV-2 Reinfection

The complexity of SARS-CoV-2 claims was elevated to a new level by a report indicating that humans could suffer reinfection of the virus. The hope that long-standing or permanent immunity from SARS-CoV-2 was dissipated by a preprint of the Lancet study.

NJ COVID Presumption Bill Sent to Gov. Pat Murphy to Sign - Update 3

Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now advancing to NJ Governor Pat Murphy for signature. NJ has been an epicenter of the COVID-19 crisis and suffered some of the highest incidents of COVID illness and death in the US. NJ was initially caught off guard as the COVID virus entered the state from Europe through the major NJ/NY Airports undetected. 

Certain NJ Public Employees to Receive Accidental Disability Pensions for COVID Claims

The following is the evolution of NJ Assembly Bill No. 3945 that was amended in its final stages before passage. The law extends eligibility for accidental disability and accidental death benefits to certain PFRS, SPRS, and PERS members who contract COVID-19 and test positive for SAR-CoV-2. Certain pensions offset NJ workers’ compensation awards. See Workers' Compensation Fact Sheet #45, NJ Division of Pensions (February 2019), https://www.state.nj.us/treasury/pensions/documents/factsheets/fact45.pdf.

Employers Can't Compel COVID-19 Antibody Testing

CDC said in its Interim Guidelines that antibody test results “should not be used to make decisions about returning persons to the workplace.” In light of this CDC guidance, under the ADA may an employer require antibody testing before permitting employees to re-enter the workplace? (6/17/20)

COVID Predictions Now Estimating Second Wave Beginning Sept 15 in US and 200,000 deaths

The Sun-Belt States, lead by Florida, are now reporting a huge upswing in US-COVID reinfection rates. Implementation of rapid return to work scenarios, and lackadaisical attitudes by 14-50 year olds in failing to adhere to social distancing and use of face masks, is now causing a massive increase in COVID hospitalizations and deaths. The new modeling prediction is going to create further uncertainty as to financial stability in the workers' compensation arena going forward. 

Pandemic Heroes Compensation Act of 2020

Rep. Carolyn B. Maloney, the Chairwoman of the Committee on Oversight and Reform, will hold a remote hearingt o examine the health and economic burdens shouldered by essential workers and their loved ones during the coronavirus pandemic.

The Case for a Federal Response to Compensate Workers

Several recent studies highlight the inability of workers’ compensation based programs on a state level to provide a consistent and coherent response to a viral national pandemic such as COVID-19.

Listen to the COVID-19 Claims and Workers’ Compensation Law Webinar

Click here to listen to the recording of the COVID-19 Claims and Workers’ Compensation Law Webinar. The program was originally broadcast on June 11, 2020.

The discussion addressed global issues impacting the workers’ compensation claim process including claim identification and processing, pre-trial activity and trial preparation.