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.

NJ vaccine mandate imposed for Health Care Workers and others

NJ Governor Phil Murphy signed Executive Order No. 283, requiring covered workers at health care facilities and high-risk congregate settings to be up to date with their COVID-19 vaccinations, including having received a booster dose. All covered workers will be required to be vaccinated by the dates set forth in the Order and will no longer be permitted to submit to testing as an alternative to vaccination, except for the purposes of providing accommodation for individuals exempt from vaccination as set forth in the covered setting’s vaccination policy. This requirement aims to strengthen protections against the spread of COVID-19 and the highly transmissible Omicron variant to vulnerable populations across the state.

Warehouse Workers' Injuries Are Increasing as Employers Use Artificial Intelligence

An increase of injuries suffered by warehouse workers, fueled by employers' use of artificial intelligence, is getting legislative attention. The focus is on Amazon and other major retail giants whose business has exploded since the COVID Pandemic emerged.

Neurological symptoms like fatigue common in mild COVID

Neurological and psychiatric symptoms such as fatigue and depression are common among people with Covid-19 and maybe just as likely in people with mild cases, according to a new review study led by a UCL researcher.

Searching for Vaccine in NJ

NJ Commissioner of Health Judith Persichilli COVID-19 provided a status report yesterday on the status of vaccine distribution in NJ. 

OSHA: Executive Order on Protecting Worker Health and Safety

Within hours of his inauguration, President Biden moved swiftly to direct the Occupational Safety and Health Administration (OSHA) to promulgate an emergency standard to protect workers from COVID-19. The President signed an Executive Order on Protecting Worker Health and Safety on January 21, 2021.

National Strategy for The COVID-19 Response and Pandemic Preparedness

“Our national strategy will be driven by scientists and public health experts who will regularly speak directly to you, free from political interference as they make decisions strictly on science and public health alone.”  President Joe Biden, January 21. 2021

More than half of COVID-19 health care workers at risk for mental health problems

A new study suggests more than half of doctors, nurses, and emergency responders involved in COVID-19 care could be at risk for one or more mental health problems, including acute traumatic stress, depression, anxiety, problematic alcohol use, and insomnia. The researchers found that the risk of these mental health conditions was comparable to rates observed during natural disasters, such as 9/11 and Hurricane Katrina.

NJ Supreme Court Rules Truck Drivers Entitled to Overtime Pay

Plaintiff Elmer Branch brought a putative class action against his employer, defendant Cream-O-Land Dairy, on behalf of himself and similarly situated truck drivers employed by defendant, for payment of overtime wages pursuant to the New Jersey Wage and Hour Law (WHL). In this appeal, the Court considers whether defendant could assert a defense to the action under N.J.S.A. 34:11-56a25.2 based on its good-faith reliance on certain determinations by employees of the Department of Labor and Workforce Development (Department) that defendant is a “trucking industry employer.”

NJ Receives 1,181 COVID Complaints

The New Jersey Department of Labor and Workforce Development (NJDOL) received 1,181 complaints from workers and customers in the first four weeks of Gov. Murphy’s executive order expanding workplace protections during COVID-19. 

Disability for Post-Acute Sequelae of COVID-19

The residuals of COVID-19 (SARS-CoV2 virus) are many. Claimants will need to prove that the residuals that they have sustained are causally related to the virus. 

OSHA Temporary Emergency COVID Standard on the Horizon

President-elect Joe Biden plans to have OSHA establish an emergency temporary standard to keep workers safe from COVID-19. 

The Countermeasures Injury Compensation Program (CICP)

The Federal Government has a program to compensate those individuals who have suffered adverse reactions to the COVID-19 (SAR-CoV2) vaccines. The program is the Countermeasures Injury Compensation Program (CICP) established under the Public Readiness and Emergency Preparedness Act (PREP Act), 42 U.S.C. §§ 247d-6d, 247d-6e.

Top 10 Articles of 2020 - Year in Review

A list of the most popular 10 Workers’ Compensation Blog Posts in 2020

Governor Murphy Signs Executive Order Extending Public Health Emergency in New Jersey

Governor Phil Murphy signed Executive Order No. 210. The Order extends the Public Health Emergency that was declared on March 9, 2020, through Executive Order No. 103, which was previously extended on April 7, May 6, June 4, July 2, August 1, August 27, September 25, October 24, and November 21. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

Choosing Who We Will Be in This Season of Hope

As the year draws to an end, we should be grateful to the health care workers and look forward with optimism. Two recent items reflect this spirit.

Vaccine Recommendations: Essential Workers and Seniors

Today the Advisory Committee on Immunization Practices [ACIP] recommended the following phased allocation of COVID-19 \vaccination for both essential workers and seniors. Vaccination of essential workers will favorably impact workers' compensation losses, especially in those jurisdictions where rebuttable presumptions have been enacted that liberalize the burden of proof required to claim workers' compensation benefits.

The major phases of COVID-19

 The major phases of Covid-19 have been posted in a diagram format by Dr. Daniel Griffin, MD Ph.D., on his Twitter account. The two major categories are the Viral Replication Period and the Inflammatory Period.

NJ Governor Declares State of Emergency in Advance of Winter Storm

NJ Governor Murphy has declared that all State offices will close at 1pm on December 16, 2020 due to inclement weather conditions. Personnel who are not designated as weather essential should go home and continue to work their regular shift via telework. 

Major increase in work-related deaths reported

The US Bureau of Labor Statistics has released the census of fatal occupational injuries in 2019. A major increase in work-related deaths has been reported over the prior year. The changing workplace and a major increase in deliveries were reflected in the report in that nearly one out of every five fatally injured workers was employed as a driver/sales worker or truck driver.