Shift Work Reportedly Causally Related to Increase Risk of Diabetes and Heart Disease

Shift work has been shown to be associated with heart and metabolic disorders. A recently published study reports exactly how shift work is causally related in the long-term to both diabetes and heart disease. Workers’ Compensation claims may increase for such diseases going forward for injured workers seeking benefits for such medical conditions.

A Surge in Groundskeeper/Landscaper Cancer Claims Foreseeable

The second jury verdict that occurred in California against Monsanto/Bayer for cancer arising out of exposure to Roundup that contained glyphosate may foreshadow a surge in workers’ compensation cancer claims for groundskeepers and landscapers.

Workers Who Are Non-Smokers Suffer from Chronic Obstructive Pulmonary Disease [COPD]

Approximately 25% of adults with chronic obstructive pulmonary disease (COPD) have never smoked, and workplace exposures likely contribute to much of their disease. A recent report from the Centers for Disease Control and Prevention [CDC] that 24% of workers who suffer from COPD never smoked. Among these persons, 26%–53% of COPD can be attributed to workplace exposures, including dust, fumes, gases, vapors, and secondhand smoke exposure.

Trump Administration Proposes Elimination of the Reverse Offset

The Trump Administration in its proposed FY 2020 Budget has proposed elimination of the workers’ compensation reverse offset. The elimination will act as a cost saving measure and will level the playing field for all workers’ compensation system throughout the United States.

Failure to Attend Employer Exam is Not Insubordination

A municipal who failed to attend a workers’ compensation medical appointment scheduled by his employer cannot be charged with subordination. N.J.A.C. 4A:2-2.3(a)(2), N.J.A.C. 2-2.3(a)(12).

Horseplay Is Not an Intentional Tort

Pranks at work may be considered “arising out of the course of employment” and compensable events. Those same injuries are not considered intentional events and would not give rise to cause a civil action against an employer for damages for pain and suffering. 

Forklift Operator Not A “Special Employee”

 Special equipment operators often appear to work for two employers simultaneously. The facade of dual employment may not meet the criteria for being a shared employee or “special employee.”