The federal model for occupational disease care collapsed in Montana. Workers’ compensation inherits the wreckage.
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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
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
Thursday, December 24, 2015
Employer Permitted to Use Facebook Photos to Challenge Injured Workers Claims Without Prior Notice
Wednesday, August 26, 2015
Federal Court Civil Action Stayed Pending Criminal Case
Wednesday, July 29, 2015
Reshaping Workers’ Compensation for the Sharing Economy
Monday, July 13, 2015
CMS Moved the Coordination of Benefits Secure Website (COBSW)
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
Monday, October 6, 2014
Google to Make Security Guards Employees, Rather Than Contractors
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...
[Click here to see the rest of this post]
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- Military Contractor Liability Returns to the Supreme Court (workers-compensation.blogspot.com)
- How to protect gay workers (workers-compensation.blogspot.com)
- Obama to Raise Minimum Wage for Federal Contractors, Asserting Executive Power (workers-compensation.blogspot.com)
- Trending: Opting-Out of Workers' Compensation (workers-compensation.blogspot.com)
- Wage Theft -- Another Assault on Workers' Compensation (workers-compensation.blogspot.com)
- Are You Really an Independent Contractor? (workers-compensation.blogspot.com)
Thursday, September 25, 2014
Working ‘Off the Clock’ is Not OK
|
| Working ‘Off the Clock’ is Not OK. |
| 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." ![]() |
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- US sues Los Arcos Mexican Grill & Seafood in Tennessee to recover unpaid minimum and overtime wages for 70 employees (workers-compensation.blogspot.com)
- Oakland A's Will Pay Back Wages to Interns and Clubhouse Workers (workers-compensation.blogspot.com)
- NJ Gas Station Owner Agrees to Pay $3 Million in Back Wages to Employees (workers-compensation.blogspot.com)
- Wage Theft -- Another Assault on Workers' Compensation (workers-compensation.blogspot.com)
- US Department of Labor recovers $4.83 million in back wages, damages for more than 4,500 Wal-Mart workers (workers-compensation.blogspot.com)
- Truckers Fired Over Workers' Comp Claim: What to Do Next (workers-compensation.blogspot.com)
- Wage Theft is a Much Bigger Problem Than Other Forms of Theft - But Workers Remain Mostly Unprotected (workers-compensation.blogspot.com)
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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- California Applicants' Attorneys Association Announces New Legislative Team (workers-compensation.blogspot.com)
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- Criminal Charges Urged Against Sedgwick (workers-compensation.blogspot.com)
- 2 Workers Injured By Sulfuric Acid At Tesoro Refinery Near Martinez (workers-compensation.blogspot.com)
- California's Independent Medical Review System Unreasonably Denies Injured Workers Benefits (workers-compensation.blogspot.com)
- Top 10 Events in California Workers' Comp 1st Half 2014 (workers-compensation.blogspot.com)
- Claims Adjuster, TPA Could Face Criminal Charges for Worker Fatality (workers-compensation.blogspot.com)
- California Applicants' Attorneys Association Affiliates With Labor (workers-compensation.blogspot.com)
Thursday, July 10, 2014
Chinese Hackers Pursue Key Data on U.S. 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,”...
[Click here to see the rest of this post]
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- Mets' Harvey Is Covered Like Any Other Employee With a Workplace Injury (workers-compensation.blogspot.com)
- Will Workers' Compensation Adapt to "On Demand" Employment (workers-compensation.blogspot.com)
- Why We're Still Killing Workers in the USA (workers-compensation.blogspot.com)
- On-Demand Labor - Is Workers' Compensation Ready for Flex-Time Employment? (workers-compensation.blogspot.com)
- Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request (workers-compensation.blogspot.com)
Monday, July 7, 2014
Swear Off Social Media, for Good or Just for Now
| 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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- Coal Industry: The Next Target for a Major Lawsuit (workers-compensation.blogspot.com)
- North Carolina Proposes to Reduce Worker Benefits and Abolishe Privacy Rights (workers-compensation.blogspot.com)
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Saturday, June 28, 2014
Does font matter in workers' compensation court?
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
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- On-Demand Labor - Is Workers' Compensation Ready for Flex-Time Employment? (workers-compensation.blogspot.com)
- US Supreme Court to Determine Who is A Dependent (workers-compensation.blogspot.com)
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... |
[Click here to VIEW the documents in this case (NYTime)]
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