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(c) 2010-2026 Jon L Gelman, All Rights Reserved.
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Showing posts sorted by date for query facebook. Sort by relevance Show all posts

Sunday, August 16, 2026

Thursday, May 15, 2025

Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

Monday, January 8, 2024

Not A Violation of Public Policy

In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument,  may assert the “violation of public policy” as an allegation.

Monday, August 15, 2022

An Abnormal Hurricane Season is Still Predicted

A major disrupters in the workers’ compensation system is hurricanes. Now is the time to prepare for such events. The 2022 Season is still predicted to be an abnormally high season. 

Thursday, October 14, 2021

COVID Boosters: What Employees and Employers Need to Know

Many employers and state governments are mandating that employees be vaccinated against COVID. Confusion remains over the rapidly changing landscape of booster doses as reports of waning or compromised immunity even though a worker is considered “fully vaccinated” when the original series of doses are completed. 

Wednesday, March 17, 2021

Governor Murphy Announces Intention to Nominate Rachel Wainer Apter to Serve on the New Jersey Supreme Court

At Ruth Bader Ginsburg Hall at Rutgers–Newark, Governor Phil Murphy today announced his intention to nominate Rachel Wainer Apter to the New Jersey Supreme Court to fill the seat of Associate Justice Jaynee LaVecchia, who will retire at the end of the current Court term on August 31, 2021. The appointment will first be sent to the New Jersey State Bar Association’s Judicial and Prosecutorial Appointments Committee. With the Committee’s approval, the Governor will proceed with a formal nomination, subject to advice and consent in the Senate.

Monday, July 20, 2020

Coronavirus (COVID-19) - The workers' compensation community should support TTSI

The workers' compensation community should play an active role to contain the spread of COIVD-19. Labor, Industry and insurance companies must be encouraged to participate in contact tracing, testing and supported isolation [TTSI]. All reports of illness and incidents of COVID-19 should trigger reportable investigations that are co-ordinated with local and state health agencies. Communication with employees should be encouraged for testing, isolation and expansion of contact testing.

Friday, April 10, 2020

HHS Relaxes HIPAA Rules During COVID Pandemic

The US Department of Health and Human Services has published a “Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency,” that eases the enforcement of medical record privacy. As workers’ compensation providers increasingly employ electronic communication with their patients, these rules will have a major impact on how medical care is provided.

Thursday, December 24, 2015

Employer Permitted to Use Facebook Photos to Challenge Injured Workers Claims Without Prior Notice

An employer was permitted to utilize photographs taken from Claimant's public Facebook as impeachment evidence without prior notice to Claimant. Public Facebook photographs of Claimant holding her grandson with her injured arm and hand as impeachment evidence against Claimant.

Wednesday, August 26, 2015

Federal Court Civil Action Stayed Pending Criminal Case

A civil action instituted by LM Insurance Corporation was stayed against a defendant employer pending a Federal criminal action. The application to stay the Federal civil action was made by the employer to the court following the issuance of multiple Grand Jury Subpoenas and the execution of a Search and Seizure Warrant against the defendant employer in his home and place of business.

Wednesday, July 29, 2015

Reshaping Workers’ Compensation for the Sharing Economy

The most dramatic factor reshaping the future of workers’ compensation is the emergence of the sharing economy. Quietly over the decades, “work” has been dramatically influenced by the Millennial Generation. As the sharing generation reinvents the economy, the element of “trust” will have the most significant impact on the direction of social legislative programs, such as workers’ compensation.

Monday, July 13, 2015

CMS Moved the Coordination of Benefits Secure Website (COBSW)

The Centers for Medicare and Medicaid Services has formally moved:

The URL for accessing the Section 111 Coordination of Benefits Secure Website (COBSW) has been changed to: https://www.cob.cms.hhs.gov/Section111//.
July 13, 2015 - Updated MMSEA Section 111 NGHP User Guide Version 4.7 - Chapters I-V Now Available

The updated MMSEA Section 111 NGHP User Guide dated July 13, 2015 has been posted to the NGHP User Guide page. Refer to Chapter 1-1 of each chapter for a summary of Version 4.7 updates.

Wednesday, June 24, 2015

NJ Supreme Court to Review Ethics of Defense Firm Facebook Investigation

The NJ Supreme will review the ethical propriety of the actions of a defense law firm whose attorney instructed a paralegal to "friend" the adverse party on Facebook for discovery purposes without disclosing the paralegal's relationship with the defense firm.

Monday, October 6, 2014

Google to Make Security Guards Employees, Rather Than Contractors

Looks like Google is searching for the safe side of employment status. Today's post was shared by Steven Greenhouse and comes from blogs.wsj.com

In a move that could reverberate around Silicon Valley, Google plans to hire more than 200 security guards as its own employees, rather than through an outside contractor.

The guards will be eligible for the same benefits as other Googlers, including health insurance, retirement benefits, on-site medical services, leave for new parents and more.

The move comes amid rising concerns about income disparities in the San Francisco Bay Area. A think tank with ties to organized labor issued a report in August highlighting the differences in pay, benefits and working conditions between tech-company employees and service workers such as security guards, janitors and landscapers who primarily work for outside contractors.

Google’s moves on social issues can be influential. Several other Silicon Valley heavyweights, including Facebook and Apple , released details on the gender and racial composition of their workforces after Google did so in June.

“Building an in-house security team is something we are excited to do,” said a Google spokeswoman in a statement. “A year ago we in-sourced the Google security operations center and we are looking forward to making these valued positions both full- and part-time Google employees.”

Google said its contractor providing security guards, Security Industry Specialists, Inc., will continue to work with the search giant...


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Thursday, September 25, 2014

Working ‘Off the Clock’ is Not OK

Working ‘Off the Clock’ is Not OK.
Today's post was shared by Trucker Lawyers and comes from www.facebook.com
Pilot Travel Center employees in #‎Mississippi "were working through lunch, without pay" ... The employees ended up receiving "$141,096 in back wages and liquidated damages." This award made a difference in the lives of the employees and their loved ones, according to the article below. #‎workers
Here's the intro from the U.S. Department of Labor:
"Not paying workers for all of the hours they worked not only harms the workers, but also their families by depriving them of the wages they need to get by. Because of a Wage and Hour Division investigation, the employees at Pilot Travel Center received $141,096 in back wages and liquidated damages.
More information about workers’ rights and employers’ responsibilities also is available at www.dol.gov/whd."

Working ‘Off the Clock’ is Not OK.
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Sunday, September 21, 2014

Medical Treatment Denials

Medical treatment denials are SOP now thanks to the workers’ compensation reforms signed into law by Governor Brown. Currently, there is no appeal to an independent judge for denied treatment. The medical reviewing companies are making millions of dollars to deny necessary care. As a consequence, if injured workers have other insurance coverage, Medicare or MediCal, these programs are the only hope; and even then many other coverage plans may deny the treatment because they think it is work related medical cost. Injured workers and their families are caught in a vicious Catch 22. Anyone who is denied treatment should write the Governor and demand an end to these unconstitutional and unconscionable laws.
Read the article here.
http://https://www.caaa.org/index.cfm?pg=URDenied_Kathryn_Donahue#.U_SzwAC8jLU.facebook
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Thursday, July 10, 2014

Chinese Hackers Pursue Key Data on U.S. Workers

The meaning of confidentiality appears to be strained daily by reports in the media that digital information is either made public by hacking and/or government access. Workers' Compensation by law in most jurisdiction has been built on a theoretical foundation of privacy and confidentiality. The ramification of disclosure of this information will bring discrimination to a level level of development that may may inhibit the filing of claims altogether. Today's post is share from the NYTimes.com and reflects a concern over the extent of data disclosure about US Workers.

Chinese hackers in March broke into the computer networks of the United States government agency that houses the personal information of all federal employees, according to senior American officials. They appeared to be targeting the files on tens of thousands of employees who have applied for top-secret security clearances.

The hackers gained access to some of the databases of the Office of Personnel Management before the federal authorities detected the threat and blocked them from the network, according to the officials. It is not yet clear how far the hackers penetrated the agency’s systems, in which applicants for security clearances list their foreign contacts, previous jobs and personal information like past drug use.

In response to questions about the matter, a senior Department of Homeland Security official confirmed that the attack had occurred but said that “at this time,”...

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Related articles

Monday, July 7, 2014

Swear Off Social Media, for Good or Just for Now

Social Media Landscape
Social Media Landscape (Photo credit: fredcavazza)
If you have a pending workers' compensation claim many believe that you should be off social media entirely since employers and their insurance companies mne the data posted to defend their claims. Others are finalizing realizing that social media sites are not their friend and giving away personal data freely is a very bad thing. I agree, that leaving social media sites generally should be encouraged for personal privacy reasons. Do you want "data brokers" to have your personal information and market it? One should consider getting off social media, the faster the better. It is a tedious process. In today's post by Molly Wood of the NY Times, techniques are explained how to get off social media.

Social media can be a harmless and easy way to keep track of friends, family and news.
It can also be addictive and invasive and produce an archive of bad behavior that can damage relationships or make it hard to get a new job. And, of course, there are privacy worries compounded by a controversial Facebook experiment unearthed recently that turned unwitting users into emotionally manipulated guinea pigs.

That last one might prompt some people to leave Facebook permanently. Or not — it wasn’t exactly the first time Facebook has done something that made some users swear off the service.
So is quitting social media the new thing in social media? That’s hard to say. But if you are planning to go dark, there are plenty of ways to do it.

Typically, people deactivate their Facebook accounts rather than completely deleting them — a bit like a couple taking a “break” rather than breaking...

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Saturday, June 28, 2014

Does font matter in workers' compensation court?

Curiously most workers' compensation court do not seem to set font or style requirements for pleadings. In some jurisdictions certain pleading may have rigid agency font requirements that automatically are imposed when the information is inputted into the computerized agency system. In other jurisdictions, and for general correspondence anything goes.

Does it make a difference is the question? Is is merely branding or is it a psychological tactic. Is recognition of the style so certain that hearing officials and other readers are conditioned to a certain response or argument by just glancing at the document? Many Federal courts level the playing field to universally mandated formats.

Ultimately it is recommended that your legal writing should look professional:

"The trick is to choose a font that looks clean and professional. It might not look the same as all those thousands of other court filings that the judges are expecting to look a certain way. But that’s probably not a bad thing. - See more at: http://blog.legalsolutions.thomsonreuters.com/practice-of-law/legal-writing-font-matters/?cid=social_20140628_26504236#sthash.ulWNXwMb.dpuf

Friday, June 27, 2014

Facebook Required to Turn Over User Information in Disability-Fraud Investigation

Today's ppost was shared from http://online.wsj.com

The Manhattan district attorney has won a legal battle against Facebook Inc. with a New York judge's ruling that the social network was required to turn over user information in a fraud investigation.

When workers who filed for federal disability money were seen on Facebook looking perfectly healthy, the Manhattan district attorney received a search warrant from a judge to look more closely at the accounts.

Facebook had attempted to quash the warrants for 381 user accounts on grounds that they were unconstitutional and in violation of Fourth Amendment protections against unreasonable searches and seizures.

After reviewing the search-warrant application, the judge found "probable cause that evidence of criminality would be found within the subject Facebook accounts," and ordered Facebook to comply.

“Due to the fungible nature of digital information, the ability of a user to delete information instantly and other possible consequences of disclosure, the court ordered the search warrants sealed and Facebook not to disclose the search and seizure to its users.”—Melissa C. Jackson, New York State Supreme Court Justice

The district attorney's office said the case led to 134 indictments on more than $400 million in fraud, and that half the defendants have pleaded guilty.

"This was a massive scheme involving as many as 1,000 people who defrauded the federal government," said Joan Vollero, spokeswoman for Manhattan District Attorney Cyrus Vance. "The defendants in this case repeatedly lied to the government about their mental, physical, and social capabilities. Their Facebook accounts told a different story," she said.

The judge in the case said Facebook had no right to get in the way of the investigation.
"Facebook could best be...
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[Click here to VIEW the documents in this case (NYTime)]