NJ Division of Workers' Compensation to Go Forward With In-Person Hearings

The New Jersey Division of Workers' Compensation [DWC] has announced that it will go forward with in-person hearings effective March seven 2022. 

Governor Murphy Reinstates Public Health Emergency Triggering Presumptions of Compensability

Governor Phil Murphy today reinstated a Public Health Emergency, effective immediately, in order to ensure that the State is able to respond to the continued threat of COVID-19 and the rapidly spreading Omicron variant. The declaration of a public health emergency by statute triggers the workers’ compensation compensability presumptions for essential workers.

HHS Announces $103 Million from American Rescue Plan to Strengthen Resiliency and Address Burnout in the Health Workforce

 The U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), announced the availability of an estimated $103 million in American Rescue Plan funding over a three-year period to reduce burnout and promote mental health among the health workforce. 

COVID-19 Public Health Emergency in New Jersey Extended 30 more Days

Governor Phil Murphy today signed Executive Order No. 231. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended in 2020 on April 7, May 6, June 4, July 2, August 1, August 27, September 25, October 24, November 22, and December 21, and again in 2021 on January 19 and February 17. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

Supplement Benefit Bill for Surviving Dependents of Essential Coronavirus Workers Passed by NJ Legislature

The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019. 

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

Governor Phil Murphy signed Executive Order No. 210. 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, September 25, October 24, and November 21. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

Vaccine Recommendations: Essential Workers and Seniors

Today the Advisory Committee on Immunization Practices [ACIP] recommended the following phased allocation of COVID-19 \vaccination for both essential workers and seniors. Vaccination of essential workers will favorably impact workers' compensation losses, especially in those jurisdictions where rebuttable presumptions have been enacted that liberalize the burden of proof required to claim workers' compensation benefits.

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.

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.

Health Emergency Curfew Imposed in Newark NJ

As the cases of coronavirus surge to record numbers, the City of Newark NJ is imposing a curfew and additional restrictions to curb the contagion of the coronavirus, SARS-CoV-2. Non-essential business are being asked to restrict their hours of operation and strengthen pandemic preparation activities to protect both their workers as well as the public at-large from the deadly and highly contagious virus.

NJ Governor Murphy Signs Executive Order Extending Public Health Emergency

Governor Phil Murphy today signed Executive Order No. 186. 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, and August 27. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed. 

COVID Presumption Bill Stalled in the NJ Assembly - Action Urged

Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now stalled in the NJ Assembly.

Health Care Experts Discuss a COVID Second Wave

How do we know when the second wave is starting? What should we expect? These are only two of the questions Dr. Chad Kessler, National Program Director for VHA Emergency Medicine, asked during a recent COVID in 20 interview with VA Infectious Disease and Epidemiology wizards, Michael A. Gelman, M.D., Ph.D., and Gio Baracco, M.D., from James J. Peters VA Medical Center in the Bronx, New York and Miami VA Healthcare System in Miami, Florida respectively.

Kennedy proposes Essential Worker Compensation Fund

As thousands of essential workers battle COVID-19 and hundreds more have died from the virus, Congressman Joe Kennedy III today unveiled the COVID-19 Worker Benefits Program (CWBP) to cover economic losses for workers and provide death benefits for the families of workers who have died. Kennedy’s proposed fund would provide $250,000 and economic loss compensation for any essential worker who died from COVID-19, plus an additional $100,000 for the spouse and each dependent of the victim. For workers who survived the virus, it would distribute benefits based on wage losses and medical costs.

Bill Expanding Workers’ Comp Benefits for ‘Essential Workers’ Advanced by Labor Committee

Panel approves legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits

Acting to ensure that ‘essential workers’ serving public needs during the coronavirus crisis get the benefits and protections they deserve, the Senate Labor Committee approved a bill authored by Senate President Steve Sweeney, Senator Robert Singer and Senator Linda Greenstein expanding access to workers’ compensation and other benefits for front-line workers sickened by the coronavirus.

“The men and women who are on the front lines protecting our health and safety and providing the vital services we all need during this crisis must be assured that they have basic worker protections and that they can get workers’ compensation if they fall ill to the coronavirus,” said Senator Sweeney (D-Gloucester/Salem/Cumberland). “We need to ensure that they can go to work with the knowledge that these benefits will be there if they need them.”

The bill, S-2380, would create a presumption that coronavirus disease infections contracted by essential employees who interact with the public, including health care workers and public safety workers, are work-related for the purpose of determining employment benefits for work-related injuries and illnesses, including workers’ compensation benefits. It would cover workers in the public and private sectors.

“New Jersey’s essential employees continue to go to work each and every day, inevitably putting themselves in harms way as they serve their communities,” said Senator Singer (R-30). “Frontline workers who contract COVID-19 should have access to financial safeguards and quality medical care. While we’re hammering out the details with stakeholders and the bill remains a work in progress, I look forward to a positive outcome for everyone.”

The presumption would apply to essential employees in both the public and private sectors who perform needed work during the current public health emergency and would be retroactive to March 9th, when New Jersey’s state of emergency was declared.

“If we are willing to define some of some of the lowest-paid members of our workforce as essential and ask them to put themselves at a higher risk, we must ensure that we provide them with the workers compensation benefits they deserve,” said Senator Greenstein (D-Middlesex/Mercer). “In this unprecedented public health crisis, it is more important than ever that basic protections for those workers who interact with the public and increase their own risk of exposure should be maintained.”

The committee vote was 3-1-1.

The following bill(s) have been scheduled for a committee or a legislative session.
S2380:
Sweeney, Stephen M./Scutari, Nicholas P./Singer, Robert W.
Concerns employment benefits and coronavirus disease 2019 infections contracted by essential employees.
5/14/2020 3:30:00 PM Senate
Voting Session (remote)

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in COVID Crisis

Senate President introduces legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits.