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Showing posts with label New Jersey Senate. Show all posts
Showing posts with label New Jersey Senate. Show all posts

Thursday, February 13, 2014

Missouri Further Defines Permanent Total Disability

"The PTD test is whether the worker can compete in the open labor market.
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "

 MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 )  FILED: February 10, 2014 

Tuesday, January 7, 2014

NJ Senate to Vote on S613 - Workers Compensation Cost of Living Benefit Increase

On Thursday, January 9, 2014, the NJ Senate is scheduled to vote on S613, which is proposed legislation to increase workers' compensation benefits by implementing a cost of living allowance for some beneficiaries.
On December 19, 2013 the following amendments were adopted by the NJ Senate:
These Senate amendments provide:
1. That the periodic cost of living supplement that the bill
provides to an individual for total permanent disability or survivor’s
benefits under workers’ compensation will be reduced by the original
amount of that individual’s periodic Social Security survivor’s or
retirement benefits, but not reduced by subsequent cost of living
increases in those Social Security benefits; and
2. That, in the case of an individual who initially received Social
Security disability benefits and later receives Social Security
retirement benefits, or who dies and has dependents who receive
Social Security survivors’ benefits, the workers’ compensation
supplement will then be reduced by the amount of the Social Security
retirement or survivor benefits, exclusive of any cost of living increase
in those Social Security retirement or survivor benefits
S613:
1/9/2014 1:00:00 PM Senate
1000 AM  Committees at the Call of the Senate President
200 PM  Voting Session
Senate Chambers

http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S613

Tuesday, October 1, 2013

Bill Creating Clear Guidelines in Dispensing of Opiod Medications Introduced in New Jersey Senate

The post today is authored by John H. Geaney, Esq. of the NJ Bar, and is shared via njworkerscompblog.com

Opioid medications have become a major problem in the New Jersey workers’ compensation system.  The number of workers being prescribed opioids has increased dramatically along with other attendant problems, such as addictions to the medications, excessive periods of use, and large numbers of unused opioid pills due to over-prescribing. 

Every workers’ compensation professional can attest to these and other problems with opioid medications, not to mention cases where urine testing shows no trace of opioids in the system despite repeated renewals of opioid prescriptions.

On September 30, 2013, Senator Raymond Lesniak and Senator Stephen Sweeney introduced a bill in the New Jersey Senate proposing that medical expenses shall not include coverage of opioid drugs unless the prescribing doctor does the following:

1) takes a thorough medical history and physical examination focusing on the cause of the patient’s pain;

2) does a complete assessment of the potential addiction of the patient to opioids, which would include a baseline urine test and assessment of past and current depression, anxiety disorders and other mood disorders associated with risk of opioid abuse;

3) provides a written treatment plan with measurable objectives, a list of all medications being taken and dosages, a justification for the continued use of opioid...
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