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.