Chevron's Fall: Medicare Set-Asides Face Legal Shake-Up

The recent U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo (2024), which overturned the Chevron doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., is likely to have significant impacts on how the Centers for Medicare & Medicaid Services (CMS) operates regarding the Medicare Secondary Payer (MSP) Act, including conditional payments and Medicare Set-Aside (MSA) agreements. 

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.

NJ’s COVID-19 Response: Key Lessons and Future Steps

The Independent Review of New Jersey’s Response to the COVID-19 Pandemic, conducted by Montgomery McCracken Walker & Rhoads LLP. This comprehensive review, released on March 7, 2024, evaluates New Jersey’s preparedness, response, and lessons learned during the pandemic. It also provides recommendations to enhance future emergency management.

Medical Evidence Falls Short

A workers’ compensation medical report offered was insufficient to establish a direct causal link between the accident and the alleged concussion and subsequent stroke. The medical report was precluded from admission by a Federal Court in a personal injury case.

Senate Blasts Amazon Over High Injury Rates

According to an interim investigation report by Senator Bernie Sanders and the Senate HELP Committee into Amazon's warehouse safety practices, warehouse workers continue to suffer excessive occupational injuries. The report focuses on peak seasons like Prime Day and the holiday season.

FTC Report Strikes at the High Cost of Drugs

The US Federal Trade Commission [FTC] report "Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies" examines the influence of Pharmacy Benefit Managers (PBMs) in the pharmaceutical industry.

The Predicted Active Hurricane Season Stirs Trouble

An active hurricane season can significantly impact the workers' compensation system in terms of claims and losses. 

Fracture of Silicone Breast Implant Held Not to be Compensable

In an unpublished decision, the NJ Appellate Division upheld the dismissal of a workers' compensation claim for the repair of a ruptured breast implant. 

$10 Million Punitive Damage Award for Workplace Discrimination Upheld

Unlike the NJ workers' compensation claims, there is no cap on punitive damages available for claims under the NJ Law Against Discrimination.

Exposed to "Forever Chemicals": NJ Workers' Compensation for PFAS Illness

Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in the body over time. Unfortunately, some New Jersey workers are facing serious health consequences due to PFAS exposure.

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.

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

OSHA Fines NJ Container Company $437,860 for Safety and Health Violation

A transportation company faces $437,860 in federal penalties after the U.S. Department of Labor's Occupational Safety and Health Administration investigated its Paulsboro, NJ, location and found workplace safety and health hazards.

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. 

NJ Expands Compensation Benefits for First Responders

NJ Governor Phil Murphy signed A-5909/S-4267, which revises workers' compensation coverage for certain injuries to certain volunteer and professional public safety and law enforcement personnel. The bill amends current workers’ compensation law to add that a response to an emergency, including work sufficient to cause certain injuries or death, is compensable.

Household Contact Awarded $30 Million Verdict for Mesothelioma

Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.

OSHA Cites Oakland NJ Company with $257,931 in Penalties

A U.S. Department of Labor inspection in June 2023 at an Oakland, NJ manufacturing company — that followed reports of two workers being injured — found employees exposed to dozens of serious safety and health hazards.

Voluntary Departure

A student attending college and working full time was permitted temporary disability benefits despite the alleged defense of "Voluntary Departure" from the workforce. The court's decision is unsurprising since that terminology is absent from the Workers’ Compensation Act.

Not an Exception

In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to obtain workers’ compensation insurance, the employee remains limited to those remedies provided under the WCA.

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.