Federal Court Invokes the Abstention Doctrine in a Workers' Compensation Matter

A Federal Court decided that it would defer to a New Jersey Judge of Compensation to resolve an underlying issue of compensability in a contractor/sub-contractor claim. In abstaining, the Federal Court imposed the “Burford Abstention Doctrine” and dismiss the Federal action with the right to reopen the matter at the conclusion of the state workers’ compensation case.

Preventing Occupational Disease: NJ Governor Murphy Supports a Fracking Ban

The State of New Jersey now supports a ban on fracking. NJ Governor Pat Murphy recognized the health and environmental consequences of using this process to explore and mine for natural gas.

Standing Desks at Work Deemed Not Beneficial

Before employers buy standing workstations and/or even treadmills to prevent repetitive motion claims, they ought to take heed of a recent study that considers them a useless fad. The newest marketing craze is work at standing desks, some even equipped with treadmills and marked as ergonomically safer for an employee’s health.

FDA approves first blood test to evaluate concussions in adults

Medical providers will have a new tool to diagnose concussions since as the U.S. Food and Drug Administration today permitted marketing of the first blood test to evaluate mild traumatic brain injury (mTBI), commonly called a concussion, in adults. The FDA reviewed and authorized for marketing the Banyan Brain Trauma Indicator in fewer than 6 months as part of its Breakthrough Devices Program. The new quick testing option will help reduce the need for CT scans, radiation exposure, for patients.

Defense Employer Ordered to Pay Medical for Lung Disease Caused by Burn Pit Exposure

In a decision that will have significant impact on potentially thousands of injured workers, a Court has ruled that a private military contractor for the US Defense Department during the Iraq and Afghanistan conflicts is responsible for the payment of employee’s medical treatment required after manifesting lung disease (bronchiolitis) from exposure to burn pits maintained during the war.

Just Published: 2018 Update - Gelman on Workers' Compensation Law

Jon Gelman’s newly revised and updated 2018 treatise on Workers’ Compensation Law is now available from by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most preferred online legal research service.'"

Congressman Pallone Asks FDA to Investigate Cosmetic Products Containing Asbestos

Standing outside a Claire’s Store in Sea Girt, Congressman Frank Pallone, Jr. (NJ-06) called on the Food and Drug Administration (FDA) to investigate Claire’s Stores, Inc., and Justice Retail following reports that tremolite asbestos, a known human carcinogen, was found in cosmetic products marketed to girls and young women.