New Jersey Mandates Tech Training for Lawyers

In a significant move reflecting the growing intersection of law and technology, the New Jersey Supreme Court has proposed two important changes to strengthen attorneys' technological competence. These proposals, announced on November 19, 2024, aim to ensure that New Jersey lawyers are better equipped to handle the challenges posed by cybersecurity, artificial intelligence, and other emerging technologies.

US Workplace Injuries Drop to Historic Lows

In a landmark year for workplace safety, private industry employers reported the lowest injury rates since 2003, marking a significant milestone in the ongoing effort to protect American workers. The latest Bureau of Labor Statistics (BLS) report reveals that 2023 wasn't just a good year for workplace safety – it was historically good.

Bird Flu: Is Human-to-Human Spread Taking Flight?

The Centers for Disease Control and Prevention [CDC] alert from September 27, 2024, raises concerns about human-to-human transmission of bird flu among workers. If this occurs, it will create a major occupational disease outbreak in the workplace that may severely impact workers’ compensation claims.

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. 

Paterson's Textile Past Unravels: EPA Tackles Asbestos Threat

A chapter of industrial history is about to be carefully closed in the heart of Paterson, New Jersey. The U.S. Environmental Protection Agency (EPA) has announced a significant asbestos cleanup operation at the former Allied Textile Printing (ATP) site, set to begin September 16, 2024.

NJ Judges of Compensation Get a Salary Boost

Acting Governor Nicholas Scutari recently signed a bill (S2470/A3930) that brings about several changes.

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 Raises Workers' Comp Attorney Fee Cap to 25%

On August 22, 2024, Acting Governor Nicholas Scutari of New Jersey signed legislation to increase the attorney fee cap in workers' compensation cases from 20% to 25%. This change amends the existing statute R.S.34:15-64, which had remained unchanged since 1927.

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.

EPA Moves to Ban Dacthal: Worker Safety Concerns

The US EPA's proposed rule to ban Dacthal (DCPA) is rooted in concerns about the significant health risks it poses, particularly to workers who handle the pesticide or work in treated fields. Dacthal has been shown to disrupt thyroid hormone levels in fetuses, potentially leading to long-term developmental issues such as low birth weight, impaired brain development, decreased IQ, and motor skill deficits.

Intentional Tort v Negligence

A New Jersey appellate court found that an employee could not proceed with an intentional tort claim against an employer because the evidence needed to meet the two-prong standard was lacking.

Luxury Car Transporter Pays $455K for Misclassifying Drivers

The State of New Jersey continues to diligently pursue violations of employment status misclassification and independent contractor relationships. 

Court Upholds NJ Temporary Workers’ Rights Act

The Third Circuit affirmed the District Court’s decision, holding that The Temporary Workers' Rights Act ["Act"] was found to be a permissible exercise of New Jersey’s police power, not in violation of the dormant Commerce Clause, and sufficiently clear to meet constitutional standards. 

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.

Ethical AI Use: Essential Guidelines for Attorneys

The American Bar Association (ABA) issued Formal Opinion 512, which provides crucial guidance on attorneys' ethical use of Generative AI (GAI) tools. The opinion focuses on competency, confidentiality, communication, supervision, and fees. It also outlines attorney responsibilities and ethical obligations.

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. 

Bird Flu Strikes Colorado Poultry Workers: CDC Confirms

The US Centers for Disease Control [CDC]] has reported additional humans have been infected with bird flu.

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.

How OSHA Standards Revolutionize Workplace Safety

Jordan Barab’s recent testimony before the House Education and Workforce Committee Subcommittee on Workforce Protections focused extensively on the importance of OSHA (Occupational Safety and Health Administration) standards in ensuring workplace safety.