Workers’ Compensation Benefits for Long COVID

 New Jersey Workers' Compensation Benefits for Long COVID: A Comprehensive Update

Understanding Your Rights Under New Jersey's Enhanced Protections for Essential Workers

ACL: Seeking Legal Shelter

Asbestos Corporation Limited (ACL), a Canadian mining company facing numerous lawsuits related to mesothelioma and asbestos-related diseases in the United States, has taken steps regarding financial restructuring.

Third Circuit Rejects Worker's Conspiracy Claims

On January 14, 2025, the United States Court of Appeals for the Third Circuit issued its decision in Peter R. Seamon v. Governor Joshua D. Shapiro. This case involved a civil rights complaint filed by Mr. Seamon, who alleged that he had been deprived of adequate workers' compensation benefits due to a conspiracy involving numerous defendants, including Governor Shapiro.

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. 

Long COVID: Back to Work Challenges

A recent report from the Centers for Disease Control and Prevention (CDC) sheds light on the prevalence and impact of Long COVID across the United States. 

OSHA Proposes a Workplace Heat Standard

OSHA’s proposed new workplace heat standard requires employers to develop a plan to identify and address heat hazards. This plan must include monitoring heat conditions, providing water, and training employees about heat safety. The standard also sets requirements for acclimatization for new and returning employees.

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Potential Impact of the Purdue Pharma Bankruptcy Case

The Purdue Pharma bankruptcy case will significantly impact workers’ compensation cases nationally. The US Supreme Court heard oral argument this week, and the potential consequences are far-reaching.

Extra-territorial Medical Provider Claims

A New Jersey medical provider failed to select the appropriate cause of action and party to seek recovery for unpaid medical bills.  The case highlights the bumping road for NJ medical providers who seek reimbursement in claims involving extra-jurisdictional work-related accidents.

Preparing for the Next Epidemic of Occupational Disease

A recently published standard establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations.

Implementing AI for Workers’ Compensation Law Firms and Insurance Companies

Artificial intelligence [AI] opens new frontiers for workers’ compensation law firms and insurance companies. Last week, Google announced new applications that will vastly expand how workers’ compensation claims can be serviced, managed, and supported.

Judicial Oversight

A cornerstone of the NJ Workers’ Compensation Act [WCA] is that the Division of Workers’ Compensation [DWC] is mandated to oversee the settlement of accident or injury claims. 

Workers' Compensation Judges Exempt from Gun Permit Requirement

A Federal Judge, in a multifaceted decision, upheld a New Jersey law exemption that allows specific individuals to carry a concealed weapon without a permit. Workers’ compensation judges actively handling cases are one of the groups of individuals who are exempt from the permit requirement. 

Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS

On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).

Burn Pit Claims: US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination

In a 5-4 decision authored by Justice Breyer, the US Supreme Court reversed a lower court and remanded the case allowing a veteran to sue the state of Texas. It held under the US Constitution that the States agreed it would yield their sovereignty to the Federal Government to raise and support the Armed Forces.

US Supreme Court Holds Washington State’s Workers’ Compensation Law Unconstitutional Under the Supremacy Clause

Washington’s workers’ compensation law discriminates against the Federal Government and its contractors. Because §3172 does not clearly and unambiguously waive the Federal Government’s immunity from discriminatory state laws, Washington’s law is unconstitutional under the Supremacy Clause. 

The Master of the Complaint Retains Jurisdiction

Deciding employment status is an issue that can be resolved either before the Division of Workers’ Compensation [DWC] or before Superior Court in a civil action.

CMS stopped from imposing vaccine mandate

The Centers for Medicare and Medicaid Services [CMS] has been halted from imposing a vaccine mandate on a wide range of healthcare facilities. A federal court in Missouri found in favor of a group of 11 Republican states when it issued an injunction against the proposed rule.

U.S. Equal Employment Opportunity Commission Issues Update On Vaccinations

The following is shared from the U.S. Equal Employment Opportunity Commission eeoc.gov 

Navigable Waterway Confers Jurisdiction

The Third Circuit Court of Appeals has ruled that workers compensation benefits are payable under The Longshore and Harbor Workers Compensation Act (LHWCA) if the worker injured on “navigable water.” There is no need to prove that the waterway “is capable of sustaining ‘commonly used large commercial ships” or if there is evidence of ‘present commercial use.’”