Dr. Ruiz Announces Progress on Burn Pits Bill

For the first time, the bipartisan Burn Pits Registry Enhancement Act has a bipartisan companion in the Senate and is closer than ever to becoming law.

Unboxing the 2019 Supplement - Workers' Compensation Law

The 2019 Pocket Part and Supplemental Pamphlets arrived in-print today from West-Thomson-Reuters for New Jersey Workers' Compensation Law. Third Edition, Volumes 38, 39 and 39A.

Legislation to Reduce Violence in Workplace

Congressman Joe Courtney (CT-02), a senior Member of the House Education and Labor Committee, introduced legislation this week to curb rising rates of workplace violence facing health care and social service employees such as nurses, physicians, emergency responders, medical assistants, and social workers.

An Unpaid Volunteer Firefighter Is Entitled to NJ Workers’ Compensation Temporary Benefits

The NJ Supreme Court unanimously held that an unpaid and unemployed volunteered firefighter was entitled to temporary workers’ compensation benefits. The Court, in reversing both the Trial and Appellate rulings, declared that volunteer firefighters have been conferred special status by the New Jersey legislature and they should be paid temporary disability benefits at the maximum rate without a seven-day waiting period, even if the injured volunteer firefighter was not holding outside employment at the time of the work-related injury.

Six-Year Statute of Limitations Governs Medical Claims

In a landmark decision the NJ Court of Appeals held that medical provider claims for expenses in workers’ compensation claims are subject to a contractual six-year statute of limitations. The ruling will have a major impact upon the overburdened state’s Division of Workers’ Compensation (NJDWC) system.

The NJDWC is already recognizing a soaring number of medical expense disputes and it lacks a standardized adjudication process. The Legislature should establish a medical fee schedule and create a separate alternate dispute resolution (ADR) system to adjudicate the medical provider claims.

Landlord Held Not Liable for Injuries Of Tenant's Employee

A NJ Appellate Court has upheld the summary judgment dismissing the case where a commercial landlord was sued in a civil action for damages injured by a tenant's employee. The Court reasoned that the tenant had exclusive possession of the premises under the lease and the tenant had sole responsibility for the maintenance and repair of the premises.

US EPA Continues to Shield the Asbestos Industry

Trump EPA Moves To Shield Info on Asbestos Imports and Use From Public

The Trump administration has denied a petition by a coalition of environmental groups calling for increased reporting of asbestos importation and use by U.S. manufacturers – despite a sharp rise in asbestos imports into U.S. ports.

Nebraska Doctor Exposed to New Ebola Outbreak

An American providing medical assistance in the Democratic Republic of Congo recently experienced a possible exposure to the Ebola virus and is in Omaha for monitoring. This person has no Ebola symptoms but will be monitored closely. Should any symptoms develop, the Nebraska Biocontainment Unit would be activated and the person admitted.

US Lawmakers Urged EPA to Investigate Talc Products

Oregon’s Senator Jeff Merkley and Congresswoman Suzanne Bonamici today pressed the Environmental Protection Agency (EPA) for answers following an alarming new Reuters report revealing that some everyday consumer products, including baby powders, may contain asbestos—a highly toxic chemical.

Knee Replacements: An Over Sold Procedure

The following post is shared from Kaiser Health News authored by Liz Szabo:

"Research suggests that up to one-third of those who have knees replaced continue to experience chronic pain, while 1 in 5 are dissatisfied with the results. A study published last year in the BMJ found that knee replacement had “minimal effects on quality of life,” especially for patients with less severe arthritis.

Fall Death Rates Increase in US Increased 30%

Today's post is shared from the cdc.gov

Each year, millions of older people—those 65 and older—fall. In fact, more than one out of four older people falls each year, 1 but less than half tell their doctor.  Falling once doubles your chances of falling again.

NJ Labor Department, OSHA Form Alliance to Better Protect Workers

The New Jersey Department of Labor and Workforce Development (NJDOL), the New Jersey State Industrial Safety Committee (NJSISC), and the U.S Department of Labor’s Occupational Safety and Health Administration (OSHA) has signed an agreement establishing an alliance to foster safer and more healthful workplaces in the Garden State. Through this partnership, the participating organizations will share information, resources, guidance, and access to training.

The alliance is based on the recognition of the value of collaboration in enhancing employee safety, which all three agencies have a hand in enforcing.

“At the forefront of our mission is ensuring the health and safety of New Jersey’s public workers,” said Labor Commissioner Robert Asaro-Angelo. “This agreement with OSHA, and our long-standing partners at NJSISC, will help provide our employees with access to all the resources they need, so workers can get the common sense protections they deserve.”

The participating agencies intend to work together to raise awareness of workplace safety and health practice through a new campaign called “Safe + Sound.” New information will be disseminated through the campaign on management leadership, employee engagement, and systematic approaches to find and fix workplace hazards before they cause illness or injury to a worker.

For example, the participants will share relevant injury, illness and hazard exposure data to help identify areas of emphasis for awareness, outreach and communication, and will evaluate the effectiveness of its efforts in improving workplace safety.

“It is clear that an excellent safety record can positively impact workers and their families, as well as business productivity and sustainability,” Robert Kulick, OSHA regional administrator in New York, said. “This Alliance, based on OSHA’s national Safe + Sound Campaign, provides a roadmap for New Jersey employers as they focus on safety performance. It is rooted in the belief that every workplace should have a safety and health program that includes three core elements of management–leadership, worker participation, and a systematic approach to find and fix hazards.”

James Braswell, chair of the State Industrial Safety Committee, said: “Through the alliance with the OSHA New York Regional Office and the NJ Department of Labor and Workforce Development, the NJSISC has affirmed its commitment to promote effective safety and health programs across New Jersey and increase access to workplace safety training. We are excited to be part of this joint collaboration and for the ability to influence the future of safety and health within our state.”

Employers with exemplary safety records will be recognized and invited to share their best practices with others. NJDOL’s free, on-site safety consultation program will be promoted.

Fatal occupational injuries decrease slightly

There were a total of 5,147 fatal work injuries recorded in the United States in 2017, down slightly from the 5,190 fatal injuries reported in 2016, the U.S. Bureau of Labor Statistics reported today.  The fatal injury rate decreased to 3.5 per 100,000 full-time equivalent (FTE) workers from 3.6 in 2016.

BLS Press Release: https://www.bls.gov/news.release/cfoi.nr0.htm

NJ Senate passes bill to increase benefits for hand and foot claims

Yesterday the NJ Senate passed a bill (S782) to increase benefits for work-related hand and foot claims. The legislation also requires a study of the effectiveness of the state's workers' compensation system. The Assembly version of the bill has been referred to the Assembly Labor Committee.

Identical Bill Number: A1110     Last Session Bill Number: S777   A4376  Sarlo, Paul A.   as Primary Sponsor Scutari, Nicholas P.   as Primary Sponsor
1/9/2018 Introduced in the Senate, Referred to Senate Labor Committee 5/10/2018 Reported from Senate Committee, 2nd Reading 5/10/2018 Referred to Senate Budget and Appropriations Committee 9/24/2018 Reported from Senate Committee with Amendments, 2nd Reading 12/17/2018 Passed by the Senate (27-8) Introduced - - 10 pages PDF Format    HTML Format  Technical Review Of Prefiled Bill - - 9 pages PDF Format    HTML Format  Statement - SLA 5/10/18 - 1 pages PDF Format    HTML Format  Reprint - - 9 pages PDF Format    HTML Format  Statement - SBA 9/24/18 - 3 pages PDF Format    HTML Format  Fiscal Estimate - 10/3/18;1R - 4 pages PDF Format    HTML Format  Committee Voting: SLA  5/10/2018  -  r/favorably  -  Yes {4}  No {1}  Not Voting {0}  Abstains {0}  -  Roll Call SBA  9/24/2018  -  r/Sca  -  Yes {10}  No {0}  Not Voting {1}  Abstains {2}  -  Roll Call Session Voting: Sen.    12/17/2018  -  3RDG FINAL PASSAGE   -  Yes {27}  No {8}  Not Voting {5}    -  Roll Call

Fee Schedules: A defense of bureaucracy in workers compensation

Today's guest post was authored by Jon Rehm**, Esquire of the Nebraska Bar.

Former New Jersey Governor Chris Christie

Lawyers on “both sides of the v.” in Nebraska like to grumble about rules and regulations imposed by the workers’ compensation court.

State of NJ Sues a NJ Based Opioid Manufacturer Seeking Reimbursement of Workers' Compensation Costs

The NJ Attorney General has filed a lawsuit against a subsidiary of NJ based Johnson and Johnson seeking reimbursement for workers' compensation costs resulting from deceptive opioid advertising. This is a significant action as Johnson and Johnson is a major player in New Jersey's economy.

The Workplace is Getting Safer - The Future of Workers' Compensation

The US Bureau of Labor Statistics has confirmed the steady decline in accidents and injuries on the job. They have declined for 14 years. This data mirrors the steady decline of workers' compensation claims and the change of the US workplace from a manufacturing to service. 

The Evidence Mounts on the Causal Link of Cell Phones and Cancer

The US National Institute for Environmental Health Sciences [NIH} has just published a final report linking cell phone radiation exposure to the production of tumors in mice. This animal study that confirms the causal relationship between radio frequency radiation of cell phones and cancer in animals is a significant step forward to establishing a causal relationship in humans.

NJ Senate Passes Increase to Supplemental Benefits for Injured Workers

The NJ Senate adopted legislation (S.1967) to increase supplemental benefits to certain injured workers receiving workers' compensation. On October 29, 2018 the NJ Senate voted (26-12) to pass the legislation. The Assembly version A3635 awaits action.

OSHA Cites Company for Exposing Workers to Lightning Strikes

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited C.W. Hendrix Farms Inc. for failing to protect workers from recognized hazards after lightning struck and killed an employee at the Parkland, Florida, farm.

Taxi cab driver awarded workers compensation benefits

A New Jersey appellate court held that a taxi cab driver should be considered employee under both the "right to control test" and “the nature of the work test.” The Court further held that the parties are bound by a prior unreported decision from the appellate court since the parties were the same.

SCOTUS Upholds California Supreme Court: Lead Paint Manufacturers Liable for Over $400 Million

The US Supreme Court declined to review a California Supreme Court decision holding multiple lead paint manufacturers responsible for cleanup costs amounting to over $400 million. The longstanding litigation was brought under the theory that lead paint contamination was a public nuisance. Lead paint has been known for decades as toxic.

Virginia Holds Employer Liable for Household Contact Asbestos Exposure

An employer owes a duty of care to an employee’s family member who alleges exposure to asbestos from the work clothes of an employee, where the family member alleges the employer’s negligence allowed asbestos fibers to be regularly transported away from the place of employment to the employee’s home.

First Responder Workers' Compensation Benefits Bill Advances

A public hearing of a bill (A1741 and S716) advancing workers' compensation benefits for first responders will be held on October 18, 2018 at 10:00 am Committee Room 15, 4th Floor, State House Annex, Trenton, NJ.

This bill creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances. The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease.

Rand Study Urges National Workers’ Compensation Reforms

A national study by the Rand Corporation is urging changes to the workers’ compensation system. The study was commissioned by the US National Institute for Occupational Safety and Health (NIOSH) and approaches necessary improvements inorder to make the nation’s workplaces safer.

Federal court permits employees to sue Givaudan for diacetyl exposure

The Seventh Circuit Court of Appeals has ruled that the manufacturer of diacetyl is not insulated from a lawsuit by exposed workers merely because their employer failed to warn them of the hazards of the substance.

Approximately 20 employees of ConAgra Brands (Orville Redenbacher microwave popcorn plant) who were employed in Indiana. The workers developed a disease known as “popcorn lung,” an inflammatory lung disease known as bronchitis obliterans. The court declined to accept the defense of Givaudan Flavors Corp., the manufacturer, who alleged that the employer was a sophisticated user and should have been responsible to warm the employees of the hazard of the diacetyl.

NJ Legislature Advances Increase to Work Comp Benefits & Proposes System Study

On Monday, September 24, 2018, a NJ legislative committee, Senate Budget and Appropriations,   took action on a sweeping workers' compensation proposal (S782) to increase benefits for the loss of a hand or foot and also establish a permanent study to review the efficiency and effectiveness of the entire NJ workers' Compensation system. The bill was reported out of committee and now will be voted on by the NJ Senate on September 27, 2018.

The committee vote was as follows:

SBA 9/24/2018 - r/Sca - Yes {10} No {0} Not Voting {1} Abstains {2} - Roll Call

Sarlo, Paul A. (C) - Yes Stack, Brian P. (V) - Yes Addiego, Dawn Marie - Abstain
Bucco, Anthony R. - Not Voting Cruz-Perez, Nilsa - Yes Cunningham, Sandra B. - Yes
Greenstein, Linda R. - Yes O'Scanlon, Declan J., Jr. - Yes Oroho, Steven V. - Yes
Pou, Nellie - Yes Ruiz, M. Teresa - Yes Thompson, Samuel D. - Abstain
Weinberg, Loretta - Yes

This bill increases the amount of workers' compensation paid in certain cases for the loss of a hand, or thumb and first and second fingers (on one hand) or four fingers (on one hand) or a foot, as follows:

1. If a loss of function of a hand is determined to be a 25% or more loss of use, the award of workers’ compensation shall be calculated based on a maximum of 300 weeks of compensation for a 100% loss of function; and

2. If a loss of function of a foot is determined to be a 25% or more loss of use, the award of workers’ compensation shall be calculated based on a maximum of 275 weeks of compensation for a 100% loss of function.

Under current law, the maximum award for the loss of a hand is 245 weeks and the maximum award for the loss of a foot is 230 weeks.

The bill also requires the Commissioner of Labor and Workforce Development to study, in consultation with the Commissioner of Banking and Insurance, the State’s workers’ compensation system and make recommendations that will help foster and maintain an efficient, effective and well-balanced workers’ compensation program that is equally responsive to the needs of both the State’s workforce and the employer community. The commissioner will submit a study, with recommendations, to the Governor and the Legislature not later than one year after the effective date of this bill and every five years thereafter. This bill was pre-filed for introduction in the 2018-2019 session pending technical review. As reported, the bill includes the changes required by a technical review, which has been performed.

…

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).

Updated: 9/25/18 10:42am

The Case Against Brett Kavanaugh

Today's post is authored by Deborah Berkowitz and is shared from nelp.org

IF YOU WORK IN A DANGEROUS JOB, YOU SHOULD BE WORRIED ABOUT BRETT KAVANAUGH

When a vibrant 40-year-old animal trainer was killed by a whale at SeaWorld in 2010, the government’s safety agency, an administrative law judge, and a panel of appellate judges all agreed that SeaWorld broke the law by not taking basic precautions to provide a safe workplace. All, that is, except one judge on the appellate panel who dissented: Brett Kavanaugh, the president’s nominee for Supreme Court Justice.

CMS has scheduled another webinar for Wed., Sept 19, 2018

Commercial Repayment Center Portal (CRCP) Overview Webinar Wednesday, September 19 th, 2018 CMS will be hosting a webinar to present an overview of the Commercial Repayment Center Portal (CRCP) functions.

U.S. Department of Labor Urges Workers and the Public to be Vigilant And Mindful of Hazards During Tropical Storm Gordon Cleanup

Emergency crews and residents of the Gulf Coast region of Florida, Alabama, and Mississippi faced with debris caused by Tropical Storm Gordon should be aware of hazards they may encounter and take steps to stay safe, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) urges.

Source: National Hurricane Center

“Workers involved in storm cleanup can face a range of safety and health hazards,” said Occupational Safety and Health Administration Regional Administrator Kurt Petermeyer. “Risks can be minimized with knowledge, safe work practices, and personal protective equipment.”

Cleanup work after the storm may involve hazards related to restoring electricity and communications, debris cleanup, roof repair, and tree trimming. Only those with the proper training, equipment, and experience should conduct cleanup activities.

Protective measures for cleanup activities after a weather disaster should include the following:

• Evaluating the work area for hazards
• Fall protection for elevated surfaces
• Assuming all power lines are live
• Using chainsaws, portable generators, ladders, and other equipment properly
• Using personal protective equipment, such as gloves, hard hats, hearing and foot protection

Totally Injured Workers Maybe Getting an Increase in Benefits

The proposed Trump Administration 2019 Budget (p. 115) may allow NJ workers’ compensation beneficiaries to receive an increase in benefits. By eliminating the Social Security “reverse offset,” totally and permanently injured NJ workers will receive a triennial annual COLA increase.

“The Budget includes a re-proposal to eliminate reverse offsets in fifteen states where Workers' Compensation (WC) benefits and temporary disability insurance benefits (TDI) are offset instead of DI benefits."

A Complete Ban of Asbestos Urged

The following comment was submitted by Linda Reinstein, President/CEO, Asbestos Disease Awareness Organization (ADAO) in response to the US EPA Proposed Rule to permit further use of asbestos in the US. EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for certain uses of asbestos that are no longer in use in the United States. Persons subject to the SNUR would be required to notify the EPA at least 90 days before commencing such manufacture or processing. The required notifications would initiate EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.

NJ Gov Murphy Signs Law Increasing Workers' Compensation Counsel Fees

NJ Governor Phil Murphy has signed into law legislation that increases counsel fees in Workers' Compensation claims. The law requires the assessment of counsel fees on all offers and tenders made by an employer or insurance companies. The Act is effective immediately. 

Counsel fees are now to be determined in cases in which a workers’ compensation petitioner has received compensation from an insurance company or self-insured employer prior to any judgment or

NJ Gov. Phil Murphy

award. The reasonable attorney fee is to based upon the amount of the compensation received after the establishment of an attorney-client relationship (as memorialized in a written agreement), plus any amount of the judgment or award which is in excess of the previously received compensation. Under former law, in such cases involving insurance or self-insurance compensation, the attorney fee was based solely on any amount of a judgment or award that is in excess of the amount of previously received compensation.

The Admissibility of Scientific Evidence: A New Evidentiary Standard

The New Jersey Supreme Court has adopted a new evidentiary standard to evaluate the admissibility of scientific evidence. While expanding the guidelines to consider Daubert factors in determining the admissibility of expert testimony, the Court did not embrace the full body of Daubert case law as applied by 39 other state and federal courts. Daubert v. Merrill Dow Pharms., Inc. 509 U.S. 579 (1973), N.J.R. Evid. 702.

NJ Will Not Adopt the IAIABC Model Rule on Electronic Billing

The NJ Department of Labor and Workplace Development [DLWD] has adopted Rules regarding electronic medical billing in workers' compensation matter that do not follow the International Association of Industrial Accident Boards and Commission's [IAIABC] Model Rule. The NJ DLWD has decided to accept the ASC X12 837 [ASC] standard only.

Total Disability and an Aging Workforce

Workers' Compensation is synonymous with disability and a recent report by the US Centers for Disease Control and Prevention (CDC) highlights how prevalent disabilities are for adults. It is no wonder why so many injured workers suffered who suffer a minor work-related injury become totally disabled. Comorbidity is now a major issue, especially in an ever-expanding aging workforce.

US EPA Still Not Banning Asbestos

The US EPA is about to approve 15 uses for asbestos, a known carcinogen. This action is consistent with the Trump Administration's effort ease regulations. This action is contrary to the efforts of the Obama Administration to entirely ban the use of asbestos in the US.

NJ Labor Department, USDOL Ink Agreement to Work Together to Protect Businesses and End Exploitation of Workers through Misclassification

The New Jersey Department of Labor and Workforce Development and the U.S Department of Labor pledged a historic new level of cooperation to protect New Jersey’s economy by signing an agreement on August 10, 2018 to work together to end illegal employee misclassification.

Reading Work e-mail After Hours Causally Linked to Employee Stress

A workers’ health is adversely impacted by the employer’s expectation that and the employee will read work-related e-mail after hours. A new study finds that an employee’s mental stress is adversely affected by such expectations.

The recent study by Virginia Tech found that “employer expectations of working email monitoring during non-work hours are detrimental to the health and well-being of not only the employees but their family members as well.”

The demands created by having work and non-work lives presents of a dilemma for employees and triggers a feeling of anxiety that adversely affects health.

“William Becker, a Virginia Tech associate professor of management in the Pamplin College of Business, co-authored a new study, "Killing me softly: electronic communications monitoring and employee and significant-other well-being," showing that such expectations result in anxiety, which adversely affects the health of employees and their families.

"The competing demands of work and nonwork lives present a dilemma for employees,’ Becker said, ‘which triggers feelings of anxiety and endangers work and personal lives.’”

“Other studies have shown that the stress of increased job demands leads to strain and conflict in family relationships when the employee is unable to fulfill nonwork roles at home -- ‘such as when someone brings work home to finish up.’”

“Their new study, he said, demonstrates that employees do not need to spend actual time on work in their off-hours to experience the harmful effects. The mere expectations of availability increase strain for employees and their significant others -- even when employees do not engage in actual work during nonwork time.”

Click here to read more, Mere expectation of checking work email after hours harms health of workers and families.

…

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).

A Deviation Off-Premises Bars Claim

The “Coming and Going Rule” has always been a grey area in determining compensability in the workers’ compensation arena. A bucket full of cases and statutory modifications have tried to establish clarity.

NJ Workers' Compensation Rates to Increase in 2019

The NJ Division of Workers' Compensation has announced that the rates for workers' compensation benefits will increase to a maximum of $921.00 per week for temporary and permanent disability and to a minimum of $245.00.

Medical Fees: Does One Price Fit All?

The Federal government has proposed a simplified medical billing process that may impact workers' compensation billing practices going forward. Most workers' compensation fee medical fee schedules are linked either directly and indirectly the to Federal Medicare model and a proposed Rule published last week in the Federal Register proposes a single fee for all office visits.

New Jersey workers' compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana

Today's post is shared from http://nj1015.com

"A New Jersey worker's compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana, saying that the federally banned weed is safer than prescription painkillers.

When A Judge Says “Appeal Me” and Commits Reversible Error

A judge of compensation must include in its decision the reasonable basis for reaching a conclusion.

The New Jersey Appellate Court, in a per curium, unreported ruling, reversed the decision of a New Jersey judge of compensation who awarded a reduced counsel fee of 15% of the total award without explanation. The two-judge appellate tribunal held that the judge of compensation appeared to be “antagonistic” to injured worker’s attorney when the attorney asked the hearing officer for an explanation of the fee reduction.

Insufficient Evidence: When "A Lot" is Not Enough

A Judge of Compensation's opinion must be supported by objective medical evidence and not merely based upon an inadmissible net opinion of a medical expert.

NJ Legislature Sends Workers' Compensation Counsel Fee Bill to Governor

This bill would require, in cases in which a workers’ compensation petitioner has received compensation from an insurance company or self-insured employer prior to any judgment or award, that the reasonable attorney fee be based upon the amount of the compensation received after the establishment of an attorney-client relationship (as memorialized in a written agreement), plus any amount of the judgment or award which is in excess of the previously received compensation. Under current law, in such cases involving insurance or self-insurance compensation, the attorney fee is based solely on any amount of a judgment or award that is in excess of the amount of previously received compensation.

Penalty Denied in MSP Private Cause of Action Claim for Delay in Reimbursement

While the personal representative of an estate had standing to bring a lawsuit against a medical provider for recoupment of money under the Medicare Secondary Payer Act [MSP], it was unable to seek double damages for delay in reimbursement of the money paid.

Massachusetts Sues Purdue Pharma for Illegally Marketing Opioids and Profiting From Opioid Epidemic

More than 670 Massachusetts Residents Prescribed Purdue Opioids Died from Opioid-Related Overdoses since 2009; Purdue Sales Reps Made 150,000 Visits to Medical Offices Since 2008, Sold 70 Million Doses Generating $500 Million in Revenue

Attorney General Maura Healey sued Purdue Pharma L.P. and Purdue Pharma Inc. (Purdue) for misleading prescribers and consumers about the addiction and health risks of their opioids, including OxyContin, to get more people to take these drugs, at higher and more dangerous doses, and for longer periods of time to increase the companies’ profits.

Increased Suicide Rates: Compensability and Prevention

Suicide rates in the United States have risen nearly 30% since 1999, and mental health conditions are one of several factors contributing to suicide, a compensable workers' compensation condition. Examining state-level trends in suicide and the multiple circumstances contributing to it can inform comprehensive state suicide prevention planning.

US Supreme Court - NY State Permitted to Close State Fund

The US Supreme Court [SCOTUS] has declined to review the challenge by multiple insurance carriers to the closure of the New York State Insurance Fund. Consistent with a national trend to terminate Second Injury Funds as being obsolete, economically impractical, and no longer warranted,  SCOTUS, by declining the Petition for a writ of certiorari, validated the methodology employed by the State of New York to implement the termination of the Fund.