Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law has been published by West Group of Egan, MN. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.
Showing posts with label Jon L. Gelman. Show all posts
Showing posts with label Jon L. Gelman. Show all posts
Monday, February 10, 2020
Saturday, November 16, 2019
Webinar: Expectations of Full Recovery Where Do We Place the Goalpost?
- How do we manage the expectations around a workers' compensation claim?
- Is "full recovery" always realistic?
- Can a full recovery be something less than full function?
This FREE webinar focused on the perceptions of all stakeholders participating in the workers' compensation system and offer insight on how to address and to navigate the process successfully.
Tuesday, February 18, 2014
Just Published: 2014 Update - Gelman on Workers' Compensation Law
Jon Gelman’s newly revised and updated treatise on Workers’ Compensation Law has just been published by West Group of Egan, MN. The treatise is the most complete work available on NJ Workers’ Compensation law.
The work offers an in-depth and insightful analysis that provides a quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.
New areas of the law reviewed:
The newly enacted SMART Act (The Strengthening Medicare and Repaying Taxpayers Act of 2012), and the proposed Regulations, are discussed at length in this supplement. The newly enacted statutory provision concerning balance billing and expanded jurisdiction of the Workers’ Compensation Court is reviewed. The launch of COURTS 4, the expanded workers’ compensation electronic filing system, implementing e-filing of Notice of Motions, is explained along with accompanying sample forms, codes, and instructions for filing/service. The statutory extension of lifetime benefits embodied in recent legislation for surviving spouses of police and fire department employees, who are fatally injured in-the-line of duty, is discussed. The recent case law concerning the second-prong of the “context test” involving the “Exclusivity Doctrine” is reviewed
New 2014 Section Sections include:
--Dependency—Surviving spouse of police or fire department killed in the line of duty [12.14.50]
--Case organization utilization reporting tracking system (COURTS)—Court proceeding type codes [25.22.30]
--Case organization utilization reporting tracking system (COURTS)—E-filing of motions—General motion [25.22.40]
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]
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) and a charter member of The College of Workers' Compensation 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. jon@gelmans.com -www.gelmans.com
Wednesday, December 4, 2013
Formaldehyde Spill At Southern Ocean Medical Center; Three Treated For Inhalation
A formaldehyde spill at Southern Ocean Medical Center on Monday caused three hospital employees to be treated for inhalation of the known carcinogen.
At 10:14 a.m., Stafford Township Police responded to a report of a hazardous material spill at SOCH on Route 72 in Stafford Township. Investigation revealed that a small quantity of formaldehyde was spilled in a utility closet located in the Labor and Delivery area of the hospital. The spill was contained to the utility closet and no evacuations were necessary, police said. No patients were injured in this incident but three hospital employees were treated for minor inhalation injuries and released, police said. Responding agencies included the Stafford Township and Barnegat Township Volunteer Fire Companies as well as Stafford Township EMS. The Berkeley Township Haz-Mat Unit responded and neutralized and contained the spill which is being cleaned up by a private contractor engaged by Southern Ocean Medical Center. Questions concerning this release may be directed to Capt. Thomas Dellane at 609-597-1189 ext. 8299. |
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Sunday, October 20, 2013
Where is the Deep Water?
A NJ Appellate Court allowed the assertion of a workers' compensation statutory lien against a liability award (NJSA 34:15-40), where the compensation insurance company paid the initial medical benefits without prejudice following a detailed dismissal by the Compensation Court before trial. This decision has far reaching consequences in defining when, on the timeline, an insurance carrier's actions should trigger responsibility.
Workers' Compensation was designed as a summary and expeditious system paying injured workers who suffer an injury or illness at work. The benefits of treatment and temporary disability benefits are triggered by the event or manifestation of injury, and should flow quickly to the injured worker without a long, burdensome, and litigious process.
The payment of major medical benefits by an employer, in the past, under The Sheffield Doctrine, has been considered to act as an estoppel, barring the denial of the compensation claim. The NJ Legislature modified its Workers' Compensation Act several decades ago, and allowed for the payment of medical benefits, without prejudice. The consequence is that the injured worker is lulled into a sense of false security relying upon the implied acceptance of compensability. Albeit, the payment extends the statute of limitation for filing a formal claim.
The Court's dismissal, in the Greene matter, barring the assertion of the lien by the workers' compensation insurance company, was reversed and the lien enforced from the liability award.
Interestingly, the Court did not note that the technique of ordinary settlement, by payment of unauthorized medical payments, and/or for waiver of the right to appeal, was a common practice before the legislative enactment of NJSA 34:15-20. AIG in this case chose to "have your cake and eat it too."
Historically, prior to the legislative enactment of lump sum payments, pursuant to NJSA 34:15-20, voluntary dismissals were utilized as vehicle to compromise dependency, and other claims, for settlement. In those instances, following the dismissal of the workers' compensation claim, the parties would enter into a settlement, albeit a fiction, to settlement of the right to appeal and a letter of payment would be exchanged and/or a Release would be executed. Any potential was extinguished.
Beside the increased necessity of reducing the dismissal terms to writing, and/or stipulation of dismissal, the issue is generated of far the insurance company can step into the deep water before it comes committed to a decision. The Legislature needs to revisit this issue, and redefine the timeline for irrevocable commitment of responsibility, otherwise the initial Legislative intent for an expeditious, remedial administrative system will be defeated.
KELLY GREENE v AIG CASUALTY COMPANY,
NJ App Div 2013 (Decided October 16, 2016) --- A.3d ----, 2013 WL 5629045 (N.J.Super.A.D.)
Workers' Compensation was designed as a summary and expeditious system paying injured workers who suffer an injury or illness at work. The benefits of treatment and temporary disability benefits are triggered by the event or manifestation of injury, and should flow quickly to the injured worker without a long, burdensome, and litigious process.
The payment of major medical benefits by an employer, in the past, under The Sheffield Doctrine, has been considered to act as an estoppel, barring the denial of the compensation claim. The NJ Legislature modified its Workers' Compensation Act several decades ago, and allowed for the payment of medical benefits, without prejudice. The consequence is that the injured worker is lulled into a sense of false security relying upon the implied acceptance of compensability. Albeit, the payment extends the statute of limitation for filing a formal claim.
The Court's dismissal, in the Greene matter, barring the assertion of the lien by the workers' compensation insurance company, was reversed and the lien enforced from the liability award.
Interestingly, the Court did not note that the technique of ordinary settlement, by payment of unauthorized medical payments, and/or for waiver of the right to appeal, was a common practice before the legislative enactment of NJSA 34:15-20. AIG in this case chose to "have your cake and eat it too."
Historically, prior to the legislative enactment of lump sum payments, pursuant to NJSA 34:15-20, voluntary dismissals were utilized as vehicle to compromise dependency, and other claims, for settlement. In those instances, following the dismissal of the workers' compensation claim, the parties would enter into a settlement, albeit a fiction, to settlement of the right to appeal and a letter of payment would be exchanged and/or a Release would be executed. Any potential was extinguished.
Beside the increased necessity of reducing the dismissal terms to writing, and/or stipulation of dismissal, the issue is generated of far the insurance company can step into the deep water before it comes committed to a decision. The Legislature needs to revisit this issue, and redefine the timeline for irrevocable commitment of responsibility, otherwise the initial Legislative intent for an expeditious, remedial administrative system will be defeated.
KELLY GREENE v AIG CASUALTY COMPANY,
NJ App Div 2013 (Decided October 16, 2016) --- A.3d ----, 2013 WL 5629045 (N.J.Super.A.D.)
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
Monday, September 16, 2013
Tips and Poverty
When The Times’s restaurant critic, Pete Wells, recently called tipping “irrational, outdated, ineffective, confusing, prone to abuse and sometimes discriminatory,” he was referring mainly to mid- to high-priced restaurants that are considering an end to the practice in favor of surcharges or service-included pricing.
In the diners and other more “value oriented” restaurants that employ most of the nation’s burgeoning ranks of waitresses (the vast majority of servers are female), tips are all that and more. They are part of a parallel economic universe in which employers are allowed to pay sub-minimum wages, with predictably devastating results. According to census data, servers are far more likely than other workers to live in poverty.
It is a national disgrace when hard work, in any industry, leaves workers in poverty. But falling living standards and economic hardship among tipped workers signal prolonged stagnation throughout the economy. That’s because employment growth in restaurants and bars has outpaced growth in nearly all other sectors in recent years, including health care, manufacturing, retail and financial services.
If wages in food-service and other service jobs are not lifted, it is hard to see where adequate consumer demand will come from to generate and sustain a real recovery.
It is not tipping that most needs to end, however. What needs to change is the federal law that sets the minimum wage for tipped workers...
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
What to Do About Futile Critical Care
By Neil S. Wenger, MD
Of course, we’re fortunate to have such fantastic technology at our disposal — but we must address how to use it appropriately when the patient may not benefit from high-intensity measures. When aggressive critical care is unsuccessful at achieving an acceptable level of health for the patient, treatment should focus on palliative care. In our study, my colleagues and I quantified the prevalence and cost of “futile” critical care in the journal JAMA Internal Medicine. This can be seen as the first step toward reevaluating the status quo and better optimizing care for critical care patients. After convening a group of critical care clinicians to determine a consensus definition of “futile treatment,” our research team analyzed nearly 7,000 daily assessments of more than 1,000 patients. We found that 11 percent received futile... |
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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