Another Hurdle to Prove an Occupational Disease Claim

An attempt to restrict the admission of scientific evidence has been proposed on the Federal level. Even though states have maintained their independence for the most part on this issue, the suggested changes signal an emerging national effort to restrict further the admissibility of scientific evidence that may trickle down to the state judicial systems.

Limited Liability Corporation Is Bound by Election of Coverage for Members

The NJ Appellate Division ruled that the members of a Limited Liability Corporation had an affirmative responsibility to elect workers' compensation coverage. Since the corporation failed to do so, liability cannot be shifted to the Workers' Compensation insurance producer or the insurance company.

NJ vaccine mandate imposed for Health Care Workers and others

NJ Governor Phil Murphy signed Executive Order No. 283, requiring covered workers at health care facilities and high-risk congregate settings to be up to date with their COVID-19 vaccinations, including having received a booster dose. All covered workers will be required to be vaccinated by the dates set forth in the Order and will no longer be permitted to submit to testing as an alternative to vaccination, except for the purposes of providing accommodation for individuals exempt from vaccination as set forth in the covered setting’s vaccination policy. This requirement aims to strengthen protections against the spread of COVID-19 and the highly transmissible Omicron variant to vulnerable populations across the state.

NJ Supreme Court Reiterates the Liberal Application of Workers' Compensation Act in a Parking Lot Case

The NJ Supreme Court ruled that an employee’s injuries arose out of and in the course of her employment because the parking lot where she was injured was owned and maintained by the employer, adjacent to her place of work, and used by employers’ employees to park. The employee was therefore entitled to benefits under the Workers’ Compensation Act.

CMS Health Care Workers Vaccination Deadline March 15, 2022

The Centers for Medicare and Medicaid Services (CMS) issued guidance that the full vaccination compliance deadline is March 15, 2022, for all health care workers subject to the Omnibus Health Care Staff Vaccination rule.

Governor Murphy Reinstates Public Health Emergency Triggering Presumptions of Compensability

Governor Phil Murphy today reinstated a Public Health Emergency, effective immediately, in order to ensure that the State is able to respond to the continued threat of COVID-19 and the rapidly spreading Omicron variant. The declaration of a public health emergency by statute triggers the workers’ compensation compensability presumptions for essential workers.

Aluminum Shapes LLC fined $1 Million by OSHA for violations

Aluminum Shapes LLC will affirm a $1 million penalty and accept 10 willful, 15 repeat and 55 serious violations and one other-than-serious citation in a settlement agreement to resolve two long-running U.S. Department of Labor Occupational Safety and Health Administration cases related to a fatality and a series of employee injuries at the company’s Delair plant.