Litigation is advancing against the distributors and resellers of paint strippers containing methylene chloride and NMP. The lawsuits were filed for damages resulting from the alleged exposure, illness and death of users of the products.
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(c) 2010-2026 Jon L Gelman, All Rights Reserved.
Thursday, May 31, 2018
Tuesday, May 29, 2018
1 in 3 swimming-related disease outbreaks occur at hotels
Crypto parasite continues to cause most outbreaks and illnesses linked to pools and water playgrounds.
A third of treated recreational waterborne disease outbreaks during 2000 through 2014 occurred in hotel pools or hot tubs, according to a report published today in CDC’s Morbidity and Mortality Weekly Report. Cryptosporidium (also known as “Crypto”), Pseudomonas, and Legionella causes most of the outbreaks in swimming venues in the United States during this time period. Crypto is a parasite tough enough to survive even in properly maintained pools. Pseudomonas and Legionella are bacteria that can survive disinfectants in slimy areas of hot tubs, pools, and water playgrounds.
The report describes mixed progress in preventing outbreaks caused by germs spread through treated recreational water. The 493 outbreaks reported during this period resulted in at least 27,219 illnesses and eight deaths. The number of respiratory disease outbreaks caused by Legionella increased over time and skin infection outbreaks caused by Pseudomonas decreased over time. Diarrheal disease outbreaks caused by Cryptosporidium leveled off during 2008 through 2014. More than half of outbreaks started in the summer, the peak season for swimming.
Common parasite remains the leading cause of illness from pools
Crypto causes 58 percent of outbreaks where a germ was identified linked to pools, hot tubs, and water playgrounds and 89 percent of the illnesses. Crypto spreads in pools when someone sick with the parasite has diarrhea in the water and other swimmers swallow that contaminated water. Swimmers and parents of young swimmers play an essential role in preventing Crypto outbreaks.
“Swallowing just a mouthful of water with Crypto in it can make otherwise healthy kids and adults sick for weeks with watery diarrhea, stomach cramps, nausea, and vomiting,” said Michele Hlavsa, R.N., M.P.H., chief of CDC’s Healthy Swimming Program. “Chlorine cannot kill Crypto quickly. We need to keep it out of the water in the first place. Don’t go into the water, and don’t let your kids go into the water if sick with diarrhea.”
Bacteria cause respiratory illness and skin rashes
The bacteria Legionella and Pseudomonas are the next most leading causes of these outbreaks, with 16 percent of outbreaks caused by Legionella and 13 percent caused by Pseudomonas. Legionella can cause severe pneumonia and symptoms similar to the flu. Pseudomonas can cause hot tub rash and swimmer’s ear.
Legionnaires’ (LEE-juh-nares) disease is a serious type of pneumonia (lung infection) caused by Legionella (LEE-juh-nell-a) bacteria. Legionella can also cause a milder illness called Pontiac fever. People can get sick when they breathe in a mist or accidentally swallow water into the lungs containing Legionella. Most people exposed to Legionella do not get sick. However, people 50 years or older, current or former smokers, and people with a weakened immune system or chronic disease are at increased risk.
Legionnaires’ disease is a risk in healthcare facilities across the United States, according to a new CDC Vital Signs report. Unfortunately, this serious bacterial lung infection is deadly for 1 in 4 people who get it from a healthcare facility.
If a pool, hot tub, or water playground is not cleaned properly, bacteria can grow and form a slime called biofilm on wet surfaces. Legionella and Pseudomonas can live in this biofilm. It is harder for disinfectants to kill these bacteria when they are protected by biofilm. Pool operators need to maintain proper cleaning practices and disinfectant levels to prevent bacteria from growing and causing illnesses in swimmers. CDC provides specific recommendations for operating public pools, hot tubs and water playgrounds in the Model Aquatic Health Code.
Some people are more likely to get sick from Legionella, including people 50 years or older, current or former smokers, people with chronic lung disease, and people with a weakened immune system. These people should see a doctor right away if they develop pneumonia symptoms and let the doctor know about any possible exposures to Legionella, including recent hot tub use.
Protect yourself and your family from germs spread through the water we swim in and share
- Take the following steps to protect yourself and loved ones from germs when swimming in pools, soaking in hot tubs, or visiting water playgrounds:
- Don’t swim or let your kids swim if sick with diarrhea. If Crypto is the cause of diarrhea, wait until 2 weeks after diarrhea has stopped to go swimming.
- Check the pools, hot tubs, and water playground inspection scores.
- Before getting in the water, use a test strip from your local retailer or pool supply store to check if the water’s pH and bromine or free chlorine level are correct.
- Don’t swallow the water.
- Take kids on bathroom breaks hourly, and change diapers in a diaper-changing area and away from the water.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
For over 4 decades theLaw Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Monday, May 28, 2018
US Burn Pit Legislation: Bipartisan Bill to Evaluate US Troops Exposure to Toxic Burn Pits
Reps. Tulsi Gabbard (HI-02) and Brian Mast (FL-18), along with Iraq and Afghanistan Veterans of America (IAVA), hosted a press conference today urging their colleagues to support and pass the Burn Pits Accountability Act (H.R. 5671). The bipartisan legislation would evaluate the exposure of U.S. servicemembers to open burn pits and toxic airborne chemicals.
Friday, May 25, 2018
Cyber Actors Target Home and Office Routers and Networked Devices Worldwide
Cybersecurity researchers have identified that foreign cyber actors have compromised hundreds of thousands of home and office routers and other networked devices worldwide. The actors used VPNFilter malware to target small office/home office (SOHO) routers. VPNFilter malware uses modular functionality to collect intelligence, exploit local area network (LAN) devices, and block actor-configurable network traffic. Specific characteristics of VPNFilter have only been observed in the BlackEnergy malware, specifically BlackEnergy versions 2 and 3.
CA Cities and Counties announce settlement agreement with NL Industries on lead paint
NL to provide $60.2 million in funding to address lead paint in homes across California.
Friday, May 18, 2018
RBG - Equality in the Workplace
Last night I had the opportunity of viewing the newly released movie, RBG .an insightful and inspiring documentary about the awesome career of Justice Ruth Bader Ginsburg.
Thursday, May 10, 2018
Making Workplaces Safer
This marks the 27th year the AFL-CIO has produced a report on the state of safety and health protections for America’s workers. It features state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties, funding, staffing and public employee coverage under the Occupational Safety and Health Act. It also includes information on the state of mine safety and health.
Monday, April 30, 2018
NJ Mandates Reporting of Medicare Conditional Payments
The NJ Division of Workers’ Compensation has now mandated the reporting of pending workers’ compensation claims possibly eligible for reimbursement of conditional medical payments to the US Centers for Medicare and Medicare Services (CMS) as a condition precedent to the settlement of a pending claim for benefits. The directive was outlined in a memorandum issued by Russell Wojtenko, Jr., Director and Chief Judge of Compensation on April 18, 2018.
Wednesday, April 25, 2018
Equal Pay for Equal Work Now Law in New Jersey - Legislation Signed
NJ Governor Murphy Signs Historic, Sweeping Equal Pay Legislation that will balance the playing field for women receiving workers' compensation benefits for occupational injuries and illnesses.
Thursday, March 29, 2018
NJ Expands Access to Medical Marijuana to Include Common Work-Related Conditions
Governor Phil Murphy announced major reforms to New Jersey’s Medicinal Marijuana Program. The permitted medical conditions now include many common work-related medical conditions.
Thursday, March 22, 2018
Opioid Epidemic: Walgreens to Pay $5.5 Million Over Alleged Overcharges for Prescription Drugs
Walgreens Overcharged for Drugs Covered by State Workers’ Compensation System. A Settlement was entered into with Massachusetts Attorney General's’ Office to fund programs that address the Opioid Epidemic.
Massachusetts Reaches Workers' Compensation Rate Settlement
Massachusetts businesses will save approximately $150 million under a settlement Attorney General Maura Healey reached with the State Rating Bureau (SRB) and the Workers’ Compensation Rating and Inspection Bureau (WCRIB). The settlement, which follows the AG’s intervention in an administrative rate proceeding at the Division of Insurance, results in an average rate rollback of 12.9 percent on workers’ compensation insurance in the state.
Monday, March 19, 2018
Judicial Limitations in Workers’ Compensation Cases
Frequently a workers’ compensation hearing officer divides a litigated matter into two phases, compensability and damages so litigation can be conducted in a more efficient manner. The procedure is designated as bifurcation and the limitations imposed by the procedure must have carefully adhered to while the adjudicating the claim.
A New Jersey appellate court recently ruled, in an unpublished opinion[1], that a judge of compensation committed reversible error by exceeding the constraints of the bifurcation process. The hearing officer decided the compensability of a denied accident and then went further by awarding damages by way of granting an award for the temporary disability.
An injured worker claimed that he suffered an accident during his employment because of carrying a heavy package at the employer’s place of business. The accident was reported by “text message” and voice message” after he had left the place of employment and returned home. The court assessed the witnesses’ credibility while testifying and determined the injured worker to be credible.
At the time of the trial, the employer relied on a written note from the injured worker’s doctor that stated, the worker “was shoveling snow and developed severe low back pain with right leg radiation.” The attorney for the employer failed to call the doctor as a witness during the trial. The appellate court held that the judge of compensation could give the written note whatever weight it wished to do so, and upheld the finding of the workers’ compensation hearing officials ruling that the matter was compensable and then, despite the bifurcation of the trial, entered an award for temporary disability benefits.
In a collateral issue raised on appeal, prior to making the determination, the judge of compensation, on her own volition sought and relied on additional factual information from the State of New Jersey. She “contacted the State and was advised” that the injured worker had been paid temporary disability benefits” for a certain period. The reviewing appellate tribunal rule that “Judges should not conduct their own factual investigation, let alone do so without notice and an opportunity for the parties to be heard. See Lazovitz v. Bd. of Adjustment, Berkeley Heights, 213 N.J. Super. 376, 381-82 (App. Div. 1986); Amadeo v. Amadeo, 64 N.J. Super. 417, 424 (App. Div. 1960).” and deemed such action as inappropriate, but vacated the Order for other reasons.
Interestingly, whether a Judge could take “judicial notice” of temporary disability payments was not discussed. “Judicial notice” is a rule of law in evidence that allows a fact to be introduced into evidence if the truth is so authoritatively attested that it cannot be reasonably contested. The NJ Division of Workers’ Compensation normally cross-matches payment information of State temporary disability benefits to efficiently satisfy statutorily imposed liens and eliminate duplicate recoveries. "Administrative procedures are in place for avoiding duplication of benefits in cases where claimants have pursued temporary disability benefits under both the Temporary Disability Benefits Law (TDBL) and the New Jersey Workers' Compensation Act (WCA)." Gelman, Jon L, Workers Compensation Law, 38 NJPRAC 17.10.50. Temporary disability liens–non–duplication of benefits (Thomson-Reuters 2018).
The award of temporary disability benefits was reversed by the appellate division and the matter was remanded to the Division of Workers’ Compensation for further hearing on that issue. The court held, “Despite bifurcation, the judge found that Moran was entitled to temporary disability benefits and appears to have made other findings of the nature of the injury. These other issues were decided without warning and deprived Cosmetic of an opportunity to present evidence or to confront the evidence upon which the judge relied. Because the judge mistakenly exceeded the limits of the bifurcation agreement, we vacate those parts of the order under review that granted temporary disability benefits and other relief to Moran, and we remand those proceedings that would naturally have followed the determination that Moran sustained a work-related injury.”
While bifurcation allows for judicial efficiency, the constraints imposed by procedure need to be strictly followed.
Moran v. Cosmetic Essence, LLC, Docket No. A-2588-1671 (N.J. App. Div. 2018) Decided March 14, 2018. 2018 WL 1308857 Only the Westlaw citation is currently available.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
[1] NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
Wednesday, March 14, 2018
Beryllium Exposure Standard Enforcement Delayed Until May 2018
The Trump Administration has yet again delayed the implementation of a stricter standard for occupational exposure to beryllium. The new date for enforcement is May 11, 2018.
Thursday, March 8, 2018
Federal Court Invokes the Abstention Doctrine in a Workers' Compensation Matter
A Federal Court decided that it would defer to a New Jersey Judge of Compensation to resolve an underlying issue of compensability in a contractor/sub-contractor claim. In abstaining, the Federal Court imposed the “Burford Abstention Doctrine” and dismiss the Federal action with the right to reopen the matter at the conclusion of the state workers’ compensation case.
Monday, February 26, 2018
Preventing Occupational Disease: NJ Governor Murphy Supports a Fracking Ban
The State of New Jersey now supports a ban on fracking. NJ Governor Pat Murphy recognized the health and environmental consequences of using this process to explore and mine for natural gas.
Wednesday, February 21, 2018
Standing Desks at Work Deemed Not Beneficial
Before employers buy standing workstations and/or even treadmills to prevent repetitive motion claims, they ought to take heed of a recent study that considers them a useless fad. The newest marketing craze is work at standing desks, some even equipped with treadmills and marked as ergonomically safer for an employee’s health.
Sunday, February 18, 2018
FDA approves first blood test to evaluate concussions in adults
Medical providers will have a new tool to diagnose concussions since as the U.S. Food and Drug Administration today permitted marketing of the first blood test to evaluate mild traumatic brain injury (mTBI), commonly called a concussion, in adults. The FDA reviewed and authorized for marketing the Banyan Brain Trauma Indicator in fewer than 6 months as part of its Breakthrough Devices Program. The new quick testing option will help reduce the need for CT scans, radiation exposure, for patients.
Friday, February 16, 2018
Defense Employer Ordered to Pay Medical for Lung Disease Caused by Burn Pit Exposure
In a decision that will have significant impact on potentially thousands of injured workers, a Court has ruled that a private military contractor for the US Defense Department during the Iraq and Afghanistan conflicts is responsible for the payment of employee’s medical treatment required after manifesting lung disease (bronchiolitis) from exposure to burn pits maintained during the war.
Saturday, February 10, 2018
Just Published: 2018 Update - Gelman on Workers' Compensation Law
Jon Gelman’s newly revised and updated 2018 treatise on Workers’ Compensation Law is now available from by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most preferred online legal research service.'"
Friday, February 9, 2018
Congressman Pallone Asks FDA to Investigate Cosmetic Products Containing Asbestos
Standing outside a Claire’s Store in Sea Girt, Congressman Frank Pallone, Jr. (NJ-06) called on the Food and Drug Administration (FDA) to investigate Claire’s Stores, Inc., and Justice Retail following reports that tremolite asbestos, a known human carcinogen, was found in cosmetic products marketed to girls and young women.
Wednesday, February 7, 2018
Infancy Does Not Toll Workers’ Compensation Claim - Unpublished Opinion
Unlike a civil action, Workers’ Compensation claims must be filed within the procedural limitations of the NJ 2-year statute of limitations and are not tolled by infancy. Minor children seeking benefits under the dependency provisions of the Act must file a claim timely.
Tuesday, January 30, 2018
Sweeping Changes to NJ Workers’ Compensation Proposed
The recently published report from Gov. Pat Murphy's transition team calls for sweeping reforms of the state's workers' compensation system. Over the past twelve months both the NJ State Bar Association as well as observers have requested that changes be made to improve efficiency and eliminate delay.
Thursday, January 25, 2018
NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy
NJ Governor Phil Murphy today signed an Executive Order directing the New Jersey Department of Health and the Board of Medical Examiners to review the state’s existing medical marijuana program. The goal of the review is to eliminate barriers to access for patients who suffer from illnesses that could be treated with medical marijuana.
Monday, January 22, 2018
NJ Corrections Officers Are Entitled to Supplemental Benefits
NJ Corrections officers and other designated safety officers are now entitled to supplemental payments equating to full salary while on Workers’ Compensation temporary disability benefits. Recent legislation that was effective as of October 17, 2017, requires certain employers to make supplemental payments so that full salary is received by the injured workers.
Friday, January 19, 2018
Business Travel Linked to Sleep Disorders
Employees who travel might be getting than just frequent flier wards when they travel for business. Business travel is hazardous to your health and may lead to serious medical conditions and require treatment and result in permanent disability. Employers and insurance companies should exercise safe protocols to avoid causing harm to their employees resulting in mental health issues, including alcoholism and depression.
Thursday, January 18, 2018
Trump Administration Bars Haitians from Obtaining US Low-Skilled Work Visas
The US Department of Homeland Security published a notice in the Federal Register barring Haitians from being issued low skilled work visas. The Notice has an effective date of January 18, 2918.
NJ Governor Murphy signs Executive Order Promoting Equal Pay, Gender Equity
In his first official act after being sworn in, Governor Phil Murphy today signed an executive order combating gender inequality and promoting equal pay for women in New Jersey. He was joined by legislators, officials, activists, and community members all involved in the fight for gender equity and equal pay.
Credibility is Essential Where Superseding Intervening Events Exist - Unpublished Opinion
Credible evidence is essential in the proof of a workers’ compensation case. To prove a case at trial the parties must offer credible evidence to the trier of the facts, especially where there appears to be a laundry list of intervening and superseding events since the time of the accident at work.
Monday, January 15, 2018
CMS to Host Webinar: Commercial Repayment Center Contractor Transition
Commercial Repayment Center Contractor Transition Webinar for Non-Group Health Plans on Thursday, January 18, 2018
Effective February 8, 2018, a new contractor will assume the responsibility of the Medicare Commercial Repayment Center (CRC) functions.
Effective February 8, 2018, a new contractor will assume the responsibility of the Medicare Commercial Repayment Center (CRC) functions.
Sunday, January 14, 2018
Subrogation Notice Must Be Timely - Unpublished Decision
A NJ Appellate Court barred a subrogation claim made by an employer against a 3rd party for failure to give timely notice to the injured worker. The notice provisions of the NJ statute were strictly enforced.
An employer may bring a lawsuit, in the name of the injured worker or dependents, against a wrongful third-party to recover workers’ compensation benefits paid, if the employee fails to bring an action within one year of the date of the accident.
Friday, January 5, 2018
Adopted New Code of Conduct for NJ Judges of Compensation
A public hearing on the proposed repeals, amendments, and a new rule was held on October 3, 2017, at the Department of Labor and Workforce Development, John Fitch Plaza, Trenton, New Jersey. David Fish, Executive Director, Legal and Regulatory Services, was available to preside at the hearing and to receive testimony. There were no attendees at the public hearing and the Department received no written comments. The hearing officer recommended that the Department proceed with the repeals, amendments, and new rule, without change.
Friday, December 29, 2017
2018 May Bring Reduced Lead Exposure in the Workplace
Lead paint exposure and resulting illness in the workplace may be reduced following a Federal 9th Circuit Court of Appeals decision this week. The Court mandated that the United States Environmental Protection Agency act upon a rulemaking petition concerning dust-levels and lead-paint standards.
Thursday, December 28, 2017
ACE Work Boots Recalled by Shoes for Crews Due to Injury Hazard (Recall Alert)
The work boots were advertised as puncture-resistant, but were not manufactured with the puncture-resistant plate, posing an injury hazard to users. ACE Work Boots Recalled by Shoes for Crews Due to Injury Hazard (Recall Alert)
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| ACE Work Boots Recalled |
Remedy:
Consumers should immediately stop using the recalled boots and contact Shoes for Crews for instructions on receiving a full refund. The firm is contacting all known purchasers directly.
Units:
About 4,300
For over 4 decades theLaw Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
…
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
For over 4 decades theLaw Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
New Jersey Workers' Compensation Maximum Rates to Increase in 2018
In accordance with the provisions of N.J.S.A. 34:15-12.a, the maximum workers' compensation benefit rate for
temporary disability, permanent total disability, permanent partial disability, and dependency is hereby promulgated as
being $903.00 per week.
Tuesday, December 26, 2017
Workers’ Compensation and Judicial Discretion - Unpublished Decision
Even if something looks, sound and smells correct, judges must use their discretion within the bounds of due process restrictions. The road to final justice in workers’ compensation can sometimes be a long one.
Friday, December 22, 2017
Opioid Litigation: Anticipated Positive Impact on Workers' Compensation Systems
The increase, in both the number of settlements and magnitude of opioid lawsuits being filed, is anticipated having a positive outcome on workers' compensation systems that have suffered the burden of opioid addiction and death in epidemic proportions.
Thursday, December 21, 2017
Cries of High Costs and Fraud – Watch for Reforms
Today’s post comes from guest author Kit Case, from Causey Wright, Seattle, Washington..
There is always discussion, in every state, about the expense of workers’ compensation insurance to employers. It is common to hear stories of corruption and fraud when employer costs run high. This discussion can lead to cries of fraud, usually with fingers pointed towards claimants and often tied into efforts to reduce benefits to injured workers. As a recent example, take a look at the article published on July 23rd in the Fresno Bee, written by Dan Walters of CALmatters, titled “California workers’ compensation system plagued by high costs and fraud.” In the article, Mr. Walters points to Southern California as an area particularly afflicted by fraud, inserting the hot-button phrase “immigrant workers,” as follows:
There is always discussion, in every state, about the expense of workers’ compensation insurance to employers. It is common to hear stories of corruption and fraud when employer costs run high. This discussion can lead to cries of fraud, usually with fingers pointed towards claimants and often tied into efforts to reduce benefits to injured workers. As a recent example, take a look at the article published on July 23rd in the Fresno Bee, written by Dan Walters of CALmatters, titled “California workers’ compensation system plagued by high costs and fraud.” In the article, Mr. Walters points to Southern California as an area particularly afflicted by fraud, inserting the hot-button phrase “immigrant workers,” as follows:
Tuesday, December 19, 2017
US BLS Reports: Deaths on the Job Soar
There were a total of 5,190 fatal work injuries recorded in the United States in 2016, a 7-percent increase from the 4,836 fatal injuries reported in 2015, the U.S. Bureau of Labor Statistics reported today.
Saturday, December 16, 2017
Verbal Notice to Supervisor Satisfies Notice Requirement - Unpublished Decision
A police officer who provided verbal notices to an injury to his supervisor the evening of the accident was held to ratify the notice requirement under the Workers’ Compensation statute and deem the accident compensable. In an unpublished shed decision*, the NJ Appellate division ruled that the employer was responsible for benefits even though treatment was not sought for three weeks following the accident.
Friday, December 15, 2017
Joint Employment: The Attack on the Citadel
The Trump Administration has just initiated a step to shield major companies from challenges from employees who are working for a franchise. What was considered as “join employment” under an Obama-Era ruling by the National Labor Relations Board (NLRB) has been reversed. The test of indirect control or unexercised control over a worker will no longer be valid to determine the existence of an employer-employee relationship.
Thursday, December 14, 2017
Exclusivity Rule: Police Officer Hired to Direct Traffic Was a Special Employee-Unpublished Opinion
A municipal police officer who was hired by a contractor to direct traffic at a construction site was determined to be a “special employee” and barred from suing a co-worker of the construction company. The NJ Appellate Court has held, in an unpublished opinion*, the “Exclusivity Rule” barred the institution of a civil action against a co-worker.
Tuesday, December 12, 2017
NJ Supreme Voids Agreements Not To Sue Third-Parties
In a landmark decision, the NJ Supreme Court has ruled that agreements between employers and employees not to file a lawsuit against an employer's customers are unenforceable. The Court held that such disclaimers are against public policy.
Tuesday, November 21, 2017
Insurance Companies May Offer Discounts for Wellness Programs
A healthy and fit workforce is essential element of loss prevention, especially in the workplace. The State of NJ is taking a huge step forward to encourage reaching the goal.
Sunday, November 19, 2017
Client Communications and Equitable Tolling
When injured workers’ have disappointing experiences flowing from work-related injuries the road becomes difficult for all participants in the process, including the attorneys involved. A client’s understanding of the basic process is necessary to prevent future controversies.
Friday, November 17, 2017
NJ Governor-elect Phil Murphy - Department of Labor Transition Team
NJ Governor-elect Phil Murphy today announced his full slate of Transition2018 committees and co-chairs. Members of The NJ Labor and Workforce Development (NJ-DWD) transition team reflect a strong Labor component, The NJ-DWD includes the NJ Division of Workers' Compensation.
California Court of Appeal Upholds Landmark Ruling Affirming $1.5 Billion Judgment Ordering the Removal of Lead Paint From Pre-1951 Homes
After a seventeen year legal battle that broke new legal ground, California’s Sixth District Court of Appeal unanimously upheld a lower court decision ordering three lead paint manufacturers to clean up lead paint inside older homes in the County of Santa Clara and nine other California cities and counties. Today’s ruling holds defendants Sherwin-Williams Company, NL Industries, Inc., and ConAgra Grocery Products Company responsible for the public nuisance created by lead paint inside pre-1951 homes.
Sunday, November 12, 2017
USDOT to Test for Additional Drugs
The Department of Transportation is amending its drug-testing program regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel; add methylenedioxyamphetamine as an initial test analyte; and remove methylenedioxyethylamphetamine as a confirmatory test analyte. The revision of the drug-testing panel harmonizes DOT regulations with the revised HHS Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. This final rule clarifies certain existing drug-testing program provisions and definitions, makes technical amendments, and removes the requirement for employers and Consortium/Third Party Administrators to submit blind specimens.
Amnesty International USA Files a FOIA Request on Burn Pits
Amnesty International USA filed a request under the Freedom of Information Act (FOIA) to seek documents related to the use of burn pits by the U.S. military. For decades, the military has used burn pits producing toxic smoke to dispose of hazardous waste on military bases around the world. More than 100,000 veterans have reported serious health effects following exposure to burn pits, including neurological disorders, rare forms of cancer, reduced lung function and pulmonary diseases.
Friday, November 10, 2017
US Senators Introduce Bill to Ban Asbestos and Protect Public Health
Oregon’s Senator Jeff Merkley, along with Senators Cory Booker (D-NJ), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Bernie Sanders (I-VT), Jon Tester (D-MT), Sheldon Whitehouse (D-RI), and Edward J. Markey (D-MA) today introduced the Alan Reinstein Ban Asbestos Now Act of 2017, legislation to eliminate human or environmental exposure to asbestos, a known carcinogen.
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