Special Employee or Not? Court Decides

A New Jersey appellate court recently overturned a legal malpractice ruling by clarifying when police officers on "extra duty" assignments become "special employees" under workers' compensation law. The October 2025 decision in Dutcher v. Stathis provides important guidance for determining employment status.

Amazon's Misclassification Strips Workers' Safety Net

When a back injury should mean temporary disability benefits, but instead means choosing between rent and recovery—that's the hidden cost of worker misclassification. New Jersey's recent lawsuit against Amazon exposes how labeling employees as independent contractors strips away critical workers' compensation protections, leaving injured workers financially vulnerable during their most precarious moments.

PTSD Officer's Disability Claim Denied

In a decision that highlights the complex intersection of severe mental trauma and disability law, the U.S. District Court for the District of New Jersey recently affirmed the denial of Social Security disability benefits to a former police officer suffering from Post Tramatic Stress Disorder [PTSD] after someone put a contract on his life.

Protecting Healthcare Heroes: Pandemic Preparedness

The 2025 Global Preparedness Monitoring Board (GPMB) report, The New Face of Pandemic Preparedness, arrives with a sobering message: five years after COVID-19 began, the world remains dangerously unprepared for the next pandemic. But perhaps nowhere is this vulnerability more acute than among healthcare workers and first responders—the very people we depend on when crisis strikes.

Bendix Asbestos: Legacy Lives On

For decades, the former Bendix plant in Teterboro, New Jersey, represented American industrial might—manufacturing brake systems and aerospace components that powered the nation's growth. But beneath that productive facade lurked a silent killer: asbestos. Today, Honeywell's recent divestiture of all legacy Bendix asbestos liabilities to Delticus for approximately $1.68 billion brings renewed attention to a public health crisis that continues to unfold, even as the factory floors have long gone quiet.

NJ Supreme Court Hears Oral Arguments in Landmark Case

On September 25, 2025, the New Jersey Supreme Court heard oral arguments in a case that is poised to set significant precedent for workers' compensation law. Giuseppe Amato v. Township of Ocean School District (Docket A-31-24).

The case centers on the dependency claim filed by the widower of a school teacher who tragically died of COVID-19 after returning to in-person instruction as she complied with The Governor's Executive  Order to return work in the classroom. The Supreme Court's review focuses on a highly contentious legal question: the scope of New Jersey's COVID-19 Essential Employee Presumption..

NJ's Minimum Wage Climbs Higher

 Garden State Workers to See $15.92 Hourly Rate in 2026

New Jersey's minimum wage landscape is undergoing another change. Starting January 1, 2026, most employees across the Garden State will see their minimum hourly wage increase to $15.92, marking a $0.43 jump from the current rate. This announcement from the New Jersey Department of Labor and Workforce Development continues the state's commitment to ensuring workers receive a livable wage.

Asbestos Ban Under Fire

The battle over America's long-awaited ban on asbestos has reached a critical juncture in the U.S. Court of Appeals for the Fifth Circuit, where the 2024 EPA rule faces fierce industry challenges that could determine the fate of worker safety protections nationwide.

Protecting Public Health: A Legal Battle

Medical professionals nationwide are taking a stand against the recent actions of the Secretary of the U.S. Department of Health and Human Services (HHS), Robert F. Kennedy, Jr., filing a lawsuit to challenge decisions they argue jeopardize public health and undermine established vaccine protocols. 

NJ Supreme Court to Review COVID Compensability

The New Jersey Supreme Court has agreed to review Amato v. Township of Ocean School District, a pivotal case with significant implications for workers' compensation benefits related to COVID-19 occupational exposure, particularly concerning the interpretation of "essential employee" and a notable judicial recusal issue. This decision by the state's highest court underscores the critical legal questions that the Court will address.

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. 

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.

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. 

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.

CDC Disruption: Workplace Health at Risk

The recent disruption of the US Centers for Disease Control and Prevention (CDC)'s activities has raised concerns about the potential negative impacts on public health, particularly regarding the identification and treatment of infectious diseases and occupational exposures. Here's how this disruption could negatively impact employees, employers, and ultimately increase the cost of workers' compensation claims:

Pandemic Justice: Recusal and Essential Employee Rights

The recent New Jersey Appellate Division decision in Amato v. Township of Ocean School District offers crucial insights into two important legal principles: judicial recusal and the definition of essential employees during the COVID-19 pandemic.

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. 

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. 

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.

Bill Proposes to Increase Benefits for Some Injured Workers and Dependents

Assemblywoman Dawn Fantasia filed legislation to institute additional workers' compensation supplemental benefits on June 13, 2024, and Assemblyman Inganamort co-sponsored it.