NJ Supreme Court Hears Oral Arguments in Landmark Case

On September 25, 2025, the New Jersey Supreme Court heard oral arguments in a case that is poised to set significant precedent for workers' compensation law. Giuseppe Amato v. Township of Ocean School District (Docket A-31-24).

The case centers on the dependency claim filed by the widower of a school teacher who tragically died of COVID-19 after returning to in-person instruction as she complied with The Governor's Executive  Order to return work in the classroom. The Supreme Court's review focuses on a highly contentious legal question: the scope of New Jersey's COVID-19 Essential Employee Presumption..

The Evolving Threat: Modernizing Biosafety to Prevent a Pandemic

Nearly a decade and a half after the initial discussion on the accidental release of potential pandemic pathogens (PPPs), the topic remains a critical concern. As research continues on highly pathogenic viruses like avian influenza A(H5N1), a healthy dose of anxiety and a strong commitment to safety are more important than ever. The debate around the risk-benefit of such research, once highlighted by experts like Marc Lipsitch and Barry R. Bloom, is ongoing, with current research showing a non-negligible risk that an accidental escape event would not be contained.

NJ Supreme Court to Review COVID Compensability

The New Jersey Supreme Court has agreed to review Amato v. Township of Ocean School District, a pivotal case with significant implications for workers' compensation benefits related to COVID-19 occupational exposure, particularly concerning the interpretation of "essential employee" and a notable judicial recusal issue. This decision by the state's highest court underscores the critical legal questions that the Court will address.

When Skeptics Lead: The Next Pandemic Challenge

As the United States faces the possibility of another presidential transition, the recent announcement of Donald Trump's health agency nominees has sent ripples of concern through the medical and public health communities. With a potential new administration on the horizon, the critical question emerges: Are we prepared for the next infectious disease challenge in the workplace?

What are you Looking Forward to After the Pandemic? What is in your Risk Budget?

A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response has a roundtable discussion about going forward following the Pandemic.  

NJ Governor Murphy Signs the Healthy Terminals Act

NJ Governor Phil Murphy today signed the Healthy Terminals Act (S989) which creates new minimum wage and benefits requirements for certain Newark Liberty International Airport (EWR) and Newark Liberty International Train Station workers. The legislation will expand access to livable wages and affordable health care for workers at the airport and train station who often cannot afford employer-provided health care plans.

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).

NJ Compensation Courts Closed to the Public Until Further Notice

The NJ Division of Workers' Compensation announced today that the Compensation Courts are closed to the public until further notice in light of the COVID Pandemic. This is not surprising in light of the steep increase in COVID cases nationally and in NJ. 

NJ Extends Workers' Compensation Court Pandemic Restrictions

In a Notice to Bar dated June 4, 2020, the NJ Division of Workers' Compensation announced additional statewide steps by the New Jersey Division of Workers’ Compensation to address the ongoing COVID-19 health crisis in New Jersey.

NJ Labor Department Urges Businesses to Keep Employees on the Payroll through COVID-19

The New Jersey Department of Labor and Workforce Development (NJDOL) is urging employers to keep employees on the payroll throughout the COVID-19 pandemic and to take advantage of a 100 percent, dollar for dollar, payroll tax credit provided under the Families First Coronavirus Response Act (FFCRA).

CDC Coronavirus Guidance Sets a Standard for Employer Responsibility and Liability

The US Centers for Disease Control and Prevention [CDC] has issued an interim guidance based on what is currently known about the Coronavirus Disease 2019 (COVID-19). The guidance sets out a plan of  containment initially, and if that fails, mitigation of the spread of this very contagious and potentially fatal disease. If employers follow the guidance, in all likelihood workers' compensation issues will arise as to the payment of temporary and medical benefits following from occupational exposure at work to the COVID-19.

The Flu: A Compensable Event and Its Complications

Source: US CDC Reports widespread flu activity

For the first time in more than a decade, the seasonal flu is becoming a pandemic  that is causing major business disruptions, and illness and death in the workplace. Despite urgent calls from public health officials and declarations of states of emergency, the flu continues to aversely effect businesses and employees throughout the country.

The laxity amongst employers and employees in getting flu vaccinations, a lack of paid sick days, a shortage of medicine to treat the flu and consequences occurring because of poorly designed vaccination programs, may stretch the nations workers' compensation system to new limits.

Take time to get a flu vaccine.

• CDC recommends a yearly flu vaccine as the first and most important step in protecting against flu viruses.
• While there are many different flu viruses, a flu vaccine protects against the three viruses that research suggests will be most common. (See upcoming season’s Vaccine Virus Selection for this season’s vaccine composition.)
• Everyone 6 months of age and older should get a flu vaccine as soon as thecurrent season's vaccines are available.
• Vaccination of high risk persons is especially important to decrease their risk of severe flu illness.
• People at high risk of serious flu complications include young children,pregnant women, people with chronic health conditions like asthma, diabetes or heart and lung disease and people 65 years and older.
• Vaccination also is important for health care workers, and other people who live with or care for high risk people to keep from spreading flu to high risk people.
• Children younger than 6 months are at high risk of serious flu illness, but are too young to be vaccinated. People who care for them should be vaccinated instead.

Take everyday preventive actions to stop the spread of germs.

• Try to avoid close contact with sick people.
• If you are sick with flu-like illness, CDC recommends that you stay home for at least 24 hours after your fever is gone except to get medical care or for other necessities. (Your fever should be gone without the use of a fever-reducing medicine.)
• While sick, limit contact with others as much as possible to keep from infecting them.
• Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
• Wash your hands often with soap and water. If soap and water are not available, use an alcohol-based hand rub.
• Avoid touching your eyes, nose and mouth. Germs spread this way.
• Clean and disinfect surfaces and objects that may be contaminated with germs like the flu.
• See Everyday Preventive Actions  [257 KB, 2 pages] andNonpharmaceutical Interventions (NPIs) for more information about actions – apart from getting vaccinated and taking medicine – that people and communities can take to help slow the spread of illnesses like influenza (flu).

Take flu antiviral drugs if your doctor prescribes them.

• If you get the flu, antiviral drugs can treat your illness.
• Antiviral drugs are different from antibiotics. They are prescription medicines (pills, liquid or an inhaled powder) and are not available over-the-counter.
• Antiviral drugs can make illness milder and shorten the time you are sick. They may also prevent serious flu complications. For people with high risk factors  [702 KB, 2 pages], treatment with an antiviral drug can mean the difference between having a milder illness versus a very serious illness that could result in a hospital stay.
• Studies show that flu antiviral drugs work best for treatment when they are started within 2 days of getting sick, but starting them later can still be helpful, especially if the sick person has a high-risk health or is very sick from the flu. Follow your doctor’s instructions for taking this drug.
• Flu-like symptoms include fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills and fatigue. Some people also may have vomiting and diarrhea. People may be infected with the flu, and have respiratory symptoms without a fever.

Read more sbout the "flu" and workers' compensation:

Laboratory Workers and Contacts Warned of Accidental Flu Pandemic

Oct 23, 2012

Laboratory Workers and Contacts Warned of Accidental Flu Pandemic. Safety in the laboratory workplace is of critical concern as many research laboratory employees suffer from exotic diseases that become workers' ...

http://workers-compensation.blogspot.com/

 

Workers' Compensation: Compensating Adverse Flu Vaccine ...

Oct 24, 2009

As the US flu vaccination program rolls out, the numbers are also growing for those who have reported adverse consequences from the H1N1 vaccine. The victims and their families are also lining up for benefits available in ...

http://workers-compensation.blogspot.com/

 

Workers' Compensation: OSHA Sets H1N1 Flu Employer ...

Nov 27, 2009

The OSGA directive closely follows the prevention guidance issue by The Centers for Disease Control (CDC) to prevent the spread of H1N1 flu. The purpose of the compliance directive is "to ensure uniform procedures when ...

http://workers-compensation.blogspot.com/

 

The Urgent Need for Workers Compensation Flu Pandemic Planning

Sep 15, 2009

The 2009 influenza pandemic (flu) has created a new framework of acts and regulations to respond the World Health Organization's (WHO) phase 6 pandemic alert. Governmentally imposed employment disruptions resulting ...

http://workers-compensation.blogspot.com/

Vaccinating Workers In a Pandemic Maybe a Pain for Employers

The US DHHS has issued a draft guidance for allocation of pandemic flu vaccine. Tough decisions for tough times is what it looks like. What workers will be allocated vaccinations and in what order in preference in the general population? Tough decisions for tough times.

Vaccinations afforded to employees which provide benefit to the employer against possible disastrous business consequences have been considered to be a mutual benefit. Saintsing v. Steinbach Co., 1 N.J.Super. 259, 64 A.2d 99 (App.Div.1949).

The public as been asked to comment staring, Friday, October 26, 2007.

"This draft guidance is intended to provide strong advice to support planning an effective and consistent pandemic response by States and communities. Nevertheless, it is important that plans are flexible as the guidance may be modified based on the status of vaccine technology, the characteristics of pandemic illness, and risk groups for severe disease –factors that will remain unknown until a pandemic actually occurs.The Federal Government has embarked on a rigorous and collaborative process that seeks input from all interested parties in developing this strategy. Hearing opinions from persons and organizations with a wide variety of interests and concerns is the best way to ensure that allocation of vaccine in the early stages of a pandemic is fair and provides the best chance for our country to emerge from a pandemic with minimal levels of illness, death, and disruption to our society and economy."