NJ Governor Pat Murphy Extends Emergency Order Extending Statutory Deadlines

NJ Governor Phil Murphy today signed Executive Order No. 178, which temporarily extends certain statutory deadlines across state government that require review and action by agencies before a specified deadline. The statutory deadlines, in addition to certain effective dates that are being delayed, are included in the accompanying Appendix to the Order. The Order will take effect immediately.

Hospital Workers Proven Exposed to Airborne COVID Virus

Proving causal relationship in a health worker COVID occupational disease claim has just been bolster by a recent report associating SARS-CoV-2 in aerosols in disease transmission. 

Virus Sequencing Useful to Establish Causal Relationship

A recently reported technique maybe prove extremely helpful to establish causal relationship in workers’ compensation cases. Whether a healthcare worker’s severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) infection is community or hospital acquired affects establishment of compensability of a claim. 

Intentional Tort Claim Barred by the Exclusivity Rule

The New Jersey Workers Compensation Act (WCA), N.J.S.A. 34:15-1 to -146, generally prohibits employees from suing their employers for injuries sustained in workplace accidents. In a recent case the Court probed the boundaries of the "intentional wrong" exception to that general rule.

NJ COVID Presumption Bill Sent to Gov. Pat Murphy to Sign - Update 3

Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now advancing to NJ Governor Pat Murphy for signature. NJ has been an epicenter of the COVID-19 crisis and suffered some of the highest incidents of COVID illness and death in the US. NJ was initially caught off guard as the COVID virus entered the state from Europe through the major NJ/NY Airports undetected. 

Lessons from Asbestos Litigation Apply to COVID Claims

The rapid emergence of COVID-19 creates new challenges for the nation’s patchwork of state run workplace benefit delivery systems. This paper draws a comparison between COVID claims and asbestos claims, the “Largest and Longest” wave of occupational disease claims in the United States. The comparison offers insight into avoiding past economic, administrative and benefit delivery pitfalls. The lessons from asbestos claims provide an insight into maintaining a sustainable workers’ compensation system to meet the surge of COVID claims.

Coronavirus (COVID-19) - The workers' compensation community should support TTSI

The workers' compensation community should play an active role to contain the spread of COIVD-19. Labor, Industry and insurance companies must be encouraged to participate in contact tracing, testing and supported isolation [TTSI]. All reports of illness and incidents of COVID-19 should trigger reportable investigations that are co-ordinated with local and state health agencies. Communication with employees should be encouraged for testing, isolation and expansion of contact testing.