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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Thursday, March 31, 2022

The Effects of Obesity on an Injury

The impact of morbid obesity on the residuals of an injury that occurred at work is to be considered when evaluating an individual’s eligibility for Social Security disability.

Wednesday, March 30, 2022

The Risk of Working in a Factory

A Federal Court in NJ has dismissed a civil action for intentional tort brought by an injured worker against the employer. 

Tuesday, March 8, 2022

Rules Adopted to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] adopted Rules embracing the recommendations of  NJ State Comptroller concerning NJ State Pensions. A February 2021 investigative report by the NJ State Comptroller raised critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations. The rules are effective as of March 7, 2022.  54 N.J.R.448(a). The Rules were adopted without change and have retroactive application.

Monday, March 7, 2022

COVID-19 Public Health Emergency Lifted - Terminating The Rebuttable Presumption

At his final COVID-19 press briefing, NJ Governor Phil Murphy announced the signing of Executive Order No. 292, which lifts the COVID-19 Public Health Emergency. The order effectively ends the liberalized span of time that established a rebuttable presumption in favor of the employee as to the causal relationship between employment and COVID-19 on March 7, 2022.

Friday, March 4, 2022

Legislation Would Improve Access To Resources And Education For People Living With Long COVID

Long-COVID, Post Acute COVID Syndrome. [PASC] is a compensable illness that many workers now suffer from and seek workers’ compensation benefits. The medical condition affects approximately one-third of those who have contracted COVID. It is a  costly and incapacitating condition that lingers long after the acute stage of SARS-CoV-2 passes. 

Wednesday, March 2, 2022

President Biden Supports Burn Pits Exposure Benefits for Veterans

Veterans who suffer from medical conditions following exposure to toxic burn pit hazards and chemicals received support from President Biden last night. President's State of the Union Address included strong presidential support for health care benefits and wartime disability compensation. A burn pit is used to burn solid waste in open-air without equipment.

Monday, February 28, 2022

The Master of the Complaint Retains Jurisdiction

Deciding employment status is an issue that can be resolved either before the Division of Workers’ Compensation [DWC] or before Superior Court in a civil action.