Medical Reports Matter: Court Remands Disability Case

The U.S. District Court recently vacated and remanded a decision by the Commissioner of Social Security, emphasizing the critical importance of considering all relevant medical evidence, particularly reports generated within the context of a workers' compensation claim. 

Insurance Coverage Denied in Employee Suit

A recent case, Rice Enterprises, LLC v. RSUI Indemnity Co., highlights the complexities of insurance coverage for employers facing lawsuits from employees. The case involved a former employee who sued Rice Enterprises for negligence related to alleged sexual harassment and assault by a manager. Rice Enterprises sought coverage under its insurance policies, specifically a Workers' Compensation and Employers' Liability policy from Zenith Insurance Company and a Commercial Umbrella liability policy from RSUI Indemnity Company.  

Medicare Set-Aside Shake Up Ahead?

Awaiting a decision from the U.S. Supreme Court, Federal Communications Commission v. Consumers' Research is poised to potentially redefine federal administrative agencies' authority scope. This shift could flow into various regulatory processes, including the Workers' Compensation Medicare Set Aside Agreements (WCMSAs) adjudication. 

Workplace Injury: No Civil Recourse

A recent decision by the New Jersey Superior Court, Appellate Division, highlighted the application of the Workers' Compensation Act's exclusivity bar in a case involving a fatal parking lot accident on employer property. The court in Faisal Jameel v. HMH Hospitals Corporation affirmed the dismissal of a civil lawsuit against the employer, finding that workers' compensation covered the tragic incident and did not meet the high standard for the "intentional wrong" exception.

Remember the Dead, Fight for the Living

International Workers' Memorial Day, observed annually on April 28th, serves as a crucial reminder to honor those who have lost their lives or been injured at work and to advocate for safer working conditions for all.

When Credibility Crumbles: Workers' Comp Claim Dismissed

The New Jersey Appellate Division recently affirmed the dismissal of workers' compensation claims brought by Dorothy Makins against Premier Cadbury, LLC. Makins alleged that two incidents while working at Cadbury in 2018 caused or aggravated her injuries, which stemmed from prior employment.

The Toll of Neglect: Understanding the AFL-CIO Report and its Impact on NJ Workers' Compensation

Every year, the AFL-CIO releases its "Death on the Job: The Toll of Neglect" report, a sobering account of workplace fatalities and injuries across the United States. This report highlights the tragic human cost of unsafe working conditions and serves as a critical tool for understanding trends and advocating for stronger worker protections. For workers in New Jersey, understanding the findings of this report is crucial, as it can shed light on the challenges faced when pursuing workers' compensation claims.

NJ Workers' Compensation: Broken Medical Promises

Like the broader US system, workers' compensation in New Jersey promises to protect employees injured on the job by ensuring timely and adequate medical care. However, this promise often feels broken when navigating the system's realities, particularly concerning medical benefits. Injured workers frequently encounter significant hurdles, especially when seeking medical treatment for both routine conditions and those requiring immediate attention.

Tariff Hikes: Work Comp Costs Rising?

The ripple effects of recent and potential pharmaceutical tariffs are sending shivers through the US healthcare system, and the workers' compensation insurance industry is no exception. Experts warn that these tariffs, essentially taxes on imported drugs and medical supplies, could significantly inflate the cost of workers' compensation coverage soon.

NIOSH Gutted: Worker Safety at Risk?

The news sent shockwaves through the occupational safety and health community: the National Institute for Occupational Safety and Health (NIOSH) is facing near elimination due to significant restructuring within the Department of Health and Human Services (HHS). But what does this mean for the everyday worker and the future of workplace safety?

Back Pain Relief: Beyond the Knife

Low back pain is a global issue causing pain, disability, and economic burden. It’s a leading cause of missed work and decreased productivity. Non-surgical and non-interventional treatments are the first line of treatment for low back pain. But which ones really work?

Is Workers' Compensation Ready? Pandemic Peril

Analyzing the preparedness of the U.S. workers' compensation system for a future pandemic requires considering multiple complex factors, including past administrative actions, potential policy shifts, and public health discourse. 

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. 

NJ High Court OKs Referral Fees

The New Jersey Supreme Court recently ruled that New Jersey certified attorneys are allowed to pay referral fees to attorneys in other states, even if those attorneys are not licensed to practice law in New Jersey.  

Bird Flu Transmission: Occupational Hazards

Persons working closely with animals infected with the Highly Pathogenic Avian Influenza (HPAI) A(H5N1) virus, such as dairy cows, poultry, and other animals, are at an elevated risk of contracting the virus.  

Clocks and Dangers: Daylight Savings and Workplace Injuries

Most people in the United States look forward to Daylight Savings Time every spring. We lose an hour of sleep but gain an extra hour of sunshine in the evening. While many people enjoy the extra sunshine, they may not know the dangers of this switch. Studies have shown that the Monday following the switch to Daylight Savings Time is more dangerous for workplace injuries.

SSA to Withhold 100% of Benefits for Overpayments

The Social Security Administration (SSA) has announced a new policy to withhold 100% of benefits for overpayments. This policy change, which takes effect on March 27, 2025, is a significant departure from the previous policy of withholding 10% of benefits.

Arbitration Clauses in Attorney Retainer Agreements

On March 5, 2025, the New Jersey Supreme Court notified the bar regarding including arbitration clauses in attorney retainer agreements. This notice includes an official comment to Rule of Professional Conduct (RPC) 1.4, which provides guidance on using arbitration provisions in these agreements. The notice and the comment are effective immediately.

Microplastics: Workplace Threat

Recent scientific studies and published articles have reported the dangers of microplastics and nanoplastics (MNPs) in the workplace and the consequences of occupational exposure to MNPs.

DOGE and Medicare Set Aside Agreements

This is the first in a series of posts concerning the potential impact of the US Department of Government Efficiency (DOGE) on the nation's patchwork of workers' compensation systems.