Discovery Delays Cost Defenses

An employer's dilatory discovery and silence regarding a motion to strike led the Appellate Division to affirm an order compelling knee-replacement surgery and to underscore that medical care cannot be delayed.

Medicaid Care Workers: Not Jointly Employed

 In a significant ruling for the home care and Medicaid services industry, the United States Court of Appeals for the Third Circuit affirmed that a financial management services vendor does not qualify as a joint employer of home care workers under the Fair Labor Standards Act (FLSA). The decision in Talarico v. Public Partnerships LLC, decided May 19, 2026, carries important implications for workers' compensation coverage, overtime liability, and the rights of workers who are exposed to occupational hazards, including asbestos, in home health settings.

Workplace Stress Kills Workers

The International Labour Organization's landmark 2026 Global Report, The Psychosocial Working Environment: Global Developments and Pathways for Action, delivers a sober verdict: workplace stress is not merely an inconvenience; it is a global killer. For workers' compensation practitioners in New Jersey and across the United States, this report carries profound implications. It quantifies what many attorneys and physicians have long argued: that the psychosocial conditions of work — job strain, overwork, harassment, and insecurity — are primary drivers of cardiovascular disease, mental health disorders, and even suicide.

The ILO's new global estimates, published here for the first time, are staggering in scope and sobering in implication. They demand a reevaluation of how workers' compensation law responds to stress-induced illness and death in the workplace.

NJ Workers’ Compensation: Profit Surge

An Analysis of Premiums, Profitability, and Trends from the NJCRIB 2025 Annual Report

Ebola: A Global Workers' Peril

A deadly new chapter in the decades-long struggle against Ebola has arrived. On May 16, 2026, the World Health Organization (WHO) declared a Public Health Emergency of International Concern (PHEIC), its highest level of alarm, as the Bundibugyo virus (BVD) rapidly spread across northeastern Democratic Republic of the Congo (DRC) and crossed the border into Uganda. With no approved vaccine and no targeted therapeutics, this rapidly spreading, often fatal hemorrhagic fever poses an urgent, underappreciated threat to workers around the globe, particularly those in healthcare settings.

When Refusing Surgery Is Reasonable

The NJ Appellate Division Affirms Increased Disability on a Reopener and a Full Fee Shift

SIF, PEOs, and Ethics

On May 13, 2026, the New Jersey workers' compensation bar gathered for the annual May Day Seminar, a three-hour intensive legal education covering some of the most pressing and financially consequential issues in the practice. The topics: the Second Injury Fund (SIF) credit debate, the chaos of PEO coverage litigation, and the ethics landmines embedded in the insurer/employer/attorney triangle. What follows is a practitioner's guide to the issues presented, the law as it now stands, and what you need to do about it.

Sexual Harassment Survives Dismissal

A federal court in New Jersey has issued a significant ruling at the intersection of employment discrimination law, workers' compensation, and workplace harassment. In Matthews v. United Airlines, Inc., Judge Brian R. Martinotti of the United States District Court for the District of New Jersey denied, in substantial part, defendants' motion to dismiss, allowing a flight ramp employee's claims of sexual harassment, hostile work environment, and retaliation to proceed under both Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD). The decision carries important implications for workers in New Jersey who suffer harassment on the job and then find themselves further victimized by retaliatory termination.

Single Payer’s Workers’ Compensation Gamble

For more than a decade, this blog has tracked what I have called “The Path to Federalization,” the steady, incremental expansion of federal authority over what was once an exclusively state-run workers’ compensation system. From the World Trade Center Health Program in 2010 to the Affordable Care Act’s Libby Care pilot, from Supreme Court validation of the individual mandate in 2012 to the Medicare Secondary Payer offset debate, each chapter has added a new stone to that path. California’s 2026 gubernatorial race is laying the boldest stone yet.

SSDI in Freefall

The Social Security Administration's (SSA) Disability Insurance (SSDI) program has undergone a dramatic transformation over the past decade. New data from SSA's Office of the Chief Actuary reveal a steep and sustained decline in disabled-worker beneficiary rolls, a trend with profound consequences not only for disabled workers but also for the workers' compensation system that frequently intersects with SSDI benefits.

Arbitration Enforced Despite Language Barrier

A federal court in New Jersey has compelled arbitration in a case involving a Spanish-speaking employee who alleged disability discrimination, whistleblower retaliation, and workers' compensation retaliation. despite the fact that she could not read or understand the English-language arbitration agreement she signed.

New Jersey's ABC Test Gets Official Rules

New Jersey's Department of Labor and Workforce Development has adopted N.J.A.C. 12:11, a sweeping new set of rules that codify how the state's nearly 90-year-old ABC test is applied to determine whether a worker is an employee or an independent contractor. This is a landmark development for workers' compensation practitioners, employers, and every worker performing services in the Garden State.

OSHA Violations: Workers’ Compensation Impact

A willful OSHA violation is serious, but in New Jersey, it is not a magic key that unlocks the door to civil litigation against an employer. Over a decade after the New Jersey Supreme Court’s landmark ruling in Van Dunk v. Reckson Associates Realty Corp., 210 N.J. 449 (2012), that foundational principle remains firmly in place and continues to shape how injured workers, employers, and practitioners navigate the intersection of OSHA enforcement and the workers’ compensation system.

Marijuana Rescheduled: Workers' New Rights

The Trump Administration has made history. On April 23, 2026, Acting Attorney General Todd Blanche signed an order immediately placing both FDA-approved products containing marijuana and marijuana products regulated by a state medical marijuana license in Schedule III of the Controlled Substances Act. 

CCIP Coverage: Enrollment Isn't Enough

A construction subcontractor in New Jersey learned a hard lesson in March 2026: a certificate of insurance confirming wrap-up enrollment does not guarantee actual coverage. 

New Jersey's AI Workforce Crisis

New Jersey's labor market is sounding alarms. In just the first ten weeks of 2026, WARN filings reveal that 3,857 workers across the state have been affected by mass layoff notices — an 83% surge compared to the same period in 2025. 

Badges Don't Make Employees

Sanger v. Next Level Business Services — A Cautionary Tale for Gig-Economy Workers

Flames That Forged Justice

 The Triangle Shirtwaist Fire and the Birth of American Labor Rights

$7M Settlement Changes Everything

NJ's Landmark Workers' Comp Victory for 1,000+ Delivery Drivers

Occupational Hearing Loss: Still a Loud Problem

Workplace hearing loss has been called one of the most prevalent — and preventable — occupational health crises in the United States. Despite decades of federal regulation, improved hearing protection technology, and increased employer awareness, the numbers remain staggering.