DOGE Changes: Workers' Comp Costs Rise?

Changes within the Department of Government Efficiency (DOGE) could have negative economic repercussions for states that rely on a loophole that allows workers' compensation insurance carriers to benefit from Social Security Disability payments through reverse offsets. 

Marijuana Test: Walmart Wins Case - Retaliatory Firing

The Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act – referred to herein as ‘CREAMMA.’ does not expressly provide a private remedy for redressing employment discrimination against cannabis users. 

Navigating the Complexities of Workers' Compensation Exclusivity in New Jersey

The recent decision in Lopez v. Corozal Auto Repair Inc., a case heard in the United States District Court for the District of New Jersey, provides valuable insights into the intricate legal landscape of workers' compensation law. Specifically, the court delved into the critical issue of the exclusivity rule and its narrow exceptions, particularly focusing on intentional wrong claims under NJSA 34:15-8.

Heat Illness: A Firefighter's Fight

A recent study highlights a concerning trend: increasing rates of heat-related illnesses among firefighters in the Golden State. As climate change intensifies, extreme heat events are becoming more frequent and severe, posing significant risks to those who bravely battle wildfires and other emergencies. This raises crucial questions about worker safety and the availability of adequate workers' compensation benefits.

Podcast: The Limitations of a Workers' Compensation Insurance Policy

The recent New Jersey Supreme decision in Rodriquez v. Shelborne Spring LLC et al. has defined the limits of an employer's workers' compensation insurance policy. We have generated a free podcast on this topic to expand the discussion among all workers' compensation community stakeholders.

NJ Supreme Court Limits Employer Insurance Coverage for Worker Injuries

In a recent decision, the New Jersey Supreme Court clarified the scope of insurance coverage for employers facing lawsuits from injured workers. The case Dionicio Rodriguez v. Shelbourne Spring LLA addresses whether an employer's liability insurance policy covers claims of gross negligence, recklessness, and intentional misconduct brought by an employee who has already received workers' compensation benefits.

The High Cost of Injury

The National Council on Compensation Insurance (NCCI) recently released a comprehensive study examining "mega claims" in workers' compensation insurance. These are claims with reported losses exceeding $2 million, representing a small fraction of total claims but a significant portion of total loss dollars. The study covers accident years 2001-2021, providing valuable insights into trends and patterns within this high-cost category.

Podcast: Medicare Set-Aside Agreements after the Loper Bright Decision

My recent post about the US Supreme Court's decision in the Loper Bright case and its impact on Medicare Set-Aside Agreements has received considerable interest. To expand the discussion further among all workers' compensation community stakeholders, we have generated a free podcast on this topic.

Legal Help Boosts Workers' Compensation Benefits

A recent study about the impact of legal representation on workers' compensation benefits found that having an attorney representing an injured worker increases benefits. 

CMS Webinar: Mastering Mandatory Reporting for Insurance Providers

Mark your calendars! The Centers for Medicare & Medicaid Services (CMS) hosts an essential webinar on Section 111 Non-Group Health Plan (NGHP) Reporting. This event is crucial for those involved in liability insurance (including self-insurance), no-fault insurance, and workers' compensation.

NJ Supreme Court to Review Workplace Insurance Exclusion

The NJ Supreme Court will review whether a workers’ compensation insurance company has a duty to defend an employer against personal injury claims brought by the employer’s employee under an employer's liability insurance policy.

Google Antitrust Ruling: Reshaping Workers' Comp Tech Landscape

On Monday, a federal judge ruled that Google had acted illegally to maintain a monopoly in online search. This landmark decision strikes at the power of tech giants in the modern internet era and may fundamentally alter how they do business.

Insurance Snafu Leaves Trucking Company on the Hook

A New Jersey appellate court held that an insurance company failed to terminate coverage properly, and the injured worker was classified as a special employee. 

No Duty to Defend Intentional Tort Claim

In a per curiam opinion, the NJ Appellate Division affirmed that a workers’ compensation insurance company is not required to defend an intentional tort claim following a Section 20 resolution.

Bill Proposes to Increase Benefits for Some Injured Workers and Dependents

Assemblywoman Dawn Fantasia filed legislation to institute additional workers' compensation supplemental benefits on June 13, 2024, and Assemblyman Inganamort co-sponsored it. 

California's WVPP Legislation: A Potential Benefit for Workers and Industry?

California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have a secondary benefit – reduced workers' compensation insurance costs.

Premature Satisfaction of a Third-Party Lien

The New Jersey Superior Court, Appellate Division, ruled that a third-party lien can remain unresolved until the workers’ compensation claim is adjudicated.

Asbestos Claimants Maybe be Impacted by US Supreme Court Decision

The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. The outcome of this case will significantly impact how asbestos claims are handled in bankruptcy proceedings.

Long COVID Continues as a Workplace Crisis

Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or joint pain, shortness of breath, heart palpitations, sleep difficulties, mood changes, and more. With millions of Americans suffering daily, more must be done to address this crisis.

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.