An injured worker has no standing in a subrogation action initiated by a tby the insurance carrier/employer against the ultimate wrongdoer where the injured worker takes no action to pursue a personal injury action against the third party. The injured worker, who fails to file an action, has no right to interfere with the subrogation claim and need not be notified of the settlement.
A NJ Appellate Court ruled that the failure of the injured worker to proactively initiate a third party claim prohibited the employee from involvement/recovery in the subrogation action.
A-4731-13T1
INAAM ELHELOU, ET AL. VS. LIPINSKI OUTDOOR SERVICES, ET AL.
VS. ALL STATE POWER WASH
July 9, 2015
2015 WL 4112210 (N.J.Super.A.D.)
Showing posts with label Recovery. Show all posts
Showing posts with label Recovery. Show all posts
Friday, July 10, 2015
Thursday, June 27, 2013
CMS Consolidates Web Portals for Coordination of Benefits & Recovery
The Coordination of Benefits and Medicare Secondary Payer Recovery sections on the Medicare tab of the CMS.Gov Web Site have been combined into a single, comprehensive section titled, Coordination of Benefits & Recovery.
The Web Site redesign consolidates information into groupings by audience and topic. To
CMS provides the ability for you to be automatically notified when changes are made to a section under Coordination of Benefits & Recovery.
To sign-up for these notifications, select one of the Web Site links (e.g. Insurer Services) and click on the Sign-up Notification link found in the Related Links area near the bottom of the page. You will be asked to supply your email address and then be taken to a selection page. Scroll to the Coordination of Benefits & Recovery heading and select the section or sections for which you wish to receive notifications. When new information is added to a section you have selected, you will be notified via email.
For those users that regularly visit the Web Site, short-cut links have been created for ease of access:
Coordination of Benefits & Recovery Overview: http://go.cms.gov/cobro
Attorney Services: http://go.cms.gov/attorney
Beneficiary Services: http://go.cms.gov/
COBA Trading Partners: http://go.cms.gov/cobatp
Employer Services: http://go.cms.gov/employer
Insurer Services: http://go.cms.gov/insurer
Prescription Drug Assistance Programs: http://go.cms.gov/
Provider Services: http://go.cms.gov/
Mandatory Insurer Reporting For Group Health Plans: http://go.cms.gov/mirghp
Mandatory Insurer Reporting For Non Group Health Plan: http://go.cms.gov/mirnghp
Tuesday, November 20, 2012
Protective Equipment Needed for Hurricane Sandy Clean-Up Workers-Volunteers
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| Hurricane Recovery Worker / FEMA |
ASSE is asking companies and organizations if they can donate the following safety equipment:
1. Safety vests
2. Gloves (a) cloth, (b) rubber chemical resistant and (c) leather to handle tree branches
3. Hard Hats
4. Ear plugs
5. Knee pads, water proof coveralls and cut resistant chaps
6. Fire extinguishers
7. Goggles without vent hole
8. Electrically insulated watertight boots with steel shank, toe and insole
9. Disposable N 95 respirators but not elastomer respirators
10. Bags to contain all of the above
Please contact OSHA’s Cathie M. Mannion, Assistant Regional Administrator for Technical Support, at mannion.cathie@dol.gov if you have any questions about the specific donations or locations. OSHA notes that shipping to the individual organizations directly will speed the distribution to the workers. Also, companies should let ASSE know by contacting tstachura@asse.org or cnorgaard@asse.org on what donations are being made and where they are being sent to ensure the efforts are coordinated.
Read more about Hurricane Sandy Recovery
Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
Nov 05, 2012
NJ Hurricane Sandy Resources: Food, Water, Fuel, Hotels and Pharmacies. The NJ Regional Operational Intelligence Center has now posted a list of resources for victims suffering from Hurricane Sandy. FOOD Type Address ...
Oct 25, 2012
The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard ...
Monday, November 19, 2012
Insurance Companies Join Coalition to Mitigate Natural Disaster Risks
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Union Beach, N.J.,
Photo by Patsy Lynch/FEMA
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The dangers to first responders and rescue workers have become enormous. NJ Governor Chris Christie spoke out on Saturday Night Live about the unnecessary increased risk, when even city mayors of costal communities defy evacuation orders, and unnecessarily put workers in harms way. He called those who defy evacuation orders “idiots.”
Name-calling doesn’t solve problems, but reasonable action does. SmartSafer.org was established to support and advocate for smarter, more effective policies to help people in need, promote disaster safety and preparedness, and foster sounder environmental stewardship of our fragile coastal ecosytems.
"We simply can't go on subsidizing enormous numbers of people to live in areas that are prone to huge natural disasters." Eli Lehrer a member of SmarterSafer.org, a Washington-based coalition, on subsidies for rebuilding coastal communities.
Read the complete article in the NY Times: As Coasts Rebuild and U.S. Pays, Repeatedly, the Critics Ask Why
....
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).
Read more about Hurricane Sandy
NJ Provides Workers' Compensation For Hurricane Recovery
Nov 12, 2012
As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand ...
http://workers-compensation.blogspot.com/
OSHA urges hurricane recovery workers to protect themselves
Nov 05, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Hurricane Sandy Relief: US Resources
Nov 06, 2012
Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...
http://workers-compensation.blogspot.com/
Deadly Asbestos Exposure Threat Left by Hurricane Sandy
Nov 04, 2012
The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...
http://workers-compensation.blogspot.com/
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