Peter J. Calderone, Director and Chief Judge has announced that A Celebration and Recognition Dinner is planned on May 17, 2011 and a no fee Seminar with CLE credits at all vicinages will be held on May 2, 2011.
Tuesday, December 21, 2010
New Jersey Launches Workers' Compensation Centennial Celebration
Peter J. Calderone, Director and Chief Judge has announced that A Celebration and Recognition Dinner is planned on May 17, 2011 and a no fee Seminar with CLE credits at all vicinages will be held on May 2, 2011.
Sunday, December 19, 2010
Medical Witness Cannot Be An Advocate - Knee Replacement Surgery Authorized
A workers' compensation medical witness is not permitted to be become an advocate. A Judge of Compensation disregarded an insurance company medical witness when the medical expert "crossed the line from being a medical witness to an advocate."
In reaching her decision, Diana Ferriero, Judge of Compensation, rationalized that the insurance company's medical expert by the "convoluted cover letter sent by respondent counsel," along with medical records on the injured worker.
The injured employer suffered two work related accidents as a mechanic for American Airlines. The first accident in to the right knee occurred in July 2004 and resulted in a partial menisectomy and no prolonged sequelae. The worker was symptom free until a second accident in January 2007when he slipped and fell on both knees and hands. The insurance company authorized 28 medical office visits, 15 Hyalgan injections, 14 aspirations and physical therapy for treatment to his right knee. A diagnosis was made by the treating physician and the insurance company refused the injured worker a total knee replacement claiming that the medical condition was unrelated to the 2nd accident of January 2007.
The workers' compensation Judge ordered an independent medical evaluation by a renowned specialist in knee and hip replacements, Mark A, Hartzband of the Hackensack University Medical Center. The judge concluded that, "Dr, Hartzband opined that petitioner's need for a right total knee replacement was directly and causally related to the accident of January 17, 2007."
The court also found that the insurance company's treating physician, who opined that the 2nd accident was unrelated to the need for a knee replacement, was "disingenuous given the contents of his office chart," and reasoned that the insurance company's authorized treating physician did not have an understanding of arthritis and its progression.
The court granted the injured workers' motion for medical treatment, evaluation and scheduling of the right knee replacement, and ordered the payment of temporary medical benefits.
Pepe v. American Airlines, CP No. 2008-5878, NJ DWC 2010), Decided November 11, 2010.
Friday, December 17, 2010
Defective Artificial Hips Maybe a Costly problem for Workers' Compensation
The workers' compensation insurance system is about to be the initial payor for joint replacement surgery and for the complications of defective artificial hip joint damage that were said to be inadequately tested because of a loophole in FDA's rules. With an estimated 93,000 DePuy recalled artificial hips implanted worldwide, the workers' compensation benefit system will probably be paying for a vast amount of the remediation and treatment costs, and then having its hand out through direct and indirect subrogation efforts to seek reimbursement from the manufacturer, Johnson and Johnson.
Called "one of the most troubled orthopedic implants of the past decade," recently recalled Johnson & Johnson artificial hips, DePuy Orthopedics, have drawn recent attention for being sold and promoted without adequate testing. The concern has been focused on devices known as A.S.R., Artificial Surface Replacement hip joints. The device was first introduced in the US in 2005 and was recalled from the market in August 2008.
It further reported that, "... back in 2005, the F.D.A. allowed DePuy to start selling the other version of the A.S.R., a modified standard hip replacement that used the same A.S.R. cup found in the company’s unapproved resurfacing device."
As a result of hip joint pain following surgery, and many adverse reports, and surgical implant failures, further investigation have resulted in the recall of DePuy Orthopedics, ASR artificial hips, Some individuals may suffer damage to bones, muscles and nerves following implant. Lawsuits have been filed against DePuy.
Wednesday, December 15, 2010
High Workers Compensation Costs May Force County to Layoff 100 Workers
Citing the high workers compensation costs, Passaic County NJ is seriously considering laying off more than 100 workers in an effort to balance its budget. The Counting is facing a $7 Million dollar budget cap.
High costs for workers' compensation coverage has been a critical budget issue for many governmental entities. Last month the United States Postal Service reported that it may consider filing for bankruptcy as a result of high workers' compensation costs. Some public entities are considering privatizing workers' compensation inorder to reduce mounting workers compensation costs.
High costs for workers' compensation coverage has been a critical budget issue for many governmental entities. Last month the United States Postal Service reported that it may consider filing for bankruptcy as a result of high workers' compensation costs. Some public entities are considering privatizing workers' compensation inorder to reduce mounting workers compensation costs.
Sunday, December 12, 2010
Workers Compensation Benefits for Breast Cancer to Be Law in Manitoba
The Canadian Province of Manitoba is about to enact a law recognizing breast cancer to be a compensable condition for female firefighters. The legislation, will also provide workers' compensation for prostate cancer, melanoma and multiple myeloma.
The Canadian Broadcasting System (CBC) reports that, "The risk of developing breast cancer is three to five times greater in a female firefighter than in the general population, Forrest said, noting 'at every fire there are more than 200 known carcinogens that are connected to breast cancer.'"
The Canadian Broadcasting System (CBC) reports that, "The risk of developing breast cancer is three to five times greater in a female firefighter than in the general population, Forrest said, noting 'at every fire there are more than 200 known carcinogens that are connected to breast cancer.'"
Saturday, December 11, 2010
Judge Orders Arrest of CEO of Asbestos Supplier
A Judge in Tennessee has order the arrest of the Chief Executive Office of an asbestos supplier for his failure to provide information concerning the company's assets. The action followed the jury's award of $4.1 Million for the death of a man who was exposed as a pipe-fitter to asbestos fiber sold/distributed by the company, National Service Industries.
Friday, December 10, 2010
Warning: Surgeon General Finds Workplace Tobacco is Even More Dangerous to Your Health
Workers who are exposed to tobacco smoke, even in small quantities, are subjecting themselves to an increased risk of illness and disease. The newly published Surgeon General Report, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease, takes a detailed, scientific look at the toxicology and biology behind nicotine addiction and tobacco smoking, including carcinogenic effects and the adverse effects on cardiopulmonary and reproductive health.
Exposure to tobacco smoke – even occasional smoking or secondhand smoke – causes immediate damage to your body that can lead to serious illness or death, according to a report released today by U.S. Surgeon General Regina M. Benjamin. The comprehensive scientific report - Benjamin’s first Surgeon General’s report and the 30th tobacco-related Surgeon General’s report issued since 1964 - describes specific pathways by which tobacco smoke damages the human body and leads to disease and death.
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