Dual Employment Status Bars Double Recovery

An employee may have dual employers but ultimately can only receive a single recovery from only one employer for work-related injuries. The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort.

NJ Senate Confirms Judicial Nominations

On May 26, 2022, the NJ Senate has confirmed NJ DWC Chief Judge and Director Russell Wojtenko Jr. of West Windsor to be a Judge of the Superior Court for the term prescribed by law, ending seven years from the date of appointment.

US Requests SCOTUS Not Review Medical Marijuana Reimbursement Issue

The US Government filed an amicus curiae brief requesting that the US Supreme Court  (SCOTUS) not review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The US Government was invited to submit a brief by SCOTUS. Musta v. Mendota Heights Dental Center, et al., No. 21-998.

What is our COVID-19 Future?

Over the last two years, chaos has reigned in the workplace as workers, employers, and insurance companies attempted to adjust to the emergence of COVID and its multiple variants. While infectious diseases have impacted occupational environments in the last century, the lack of preparation was totally inadequate.

OSHA Fines Roofing Company $360,531

An Illinois roofing contractor – with a history of violating federal safety standards and ignoring safety citations – was cited again by the U.S. Department of Labor’s Occupational Safety and Health Administration for exposing workers to deadly fall hazards at two separate job sites in October 2021. Joshua Herion – who does business as ECS Roofing Professionals Inc. – faces proposed penalties of $360,531.

Injury Caused by Defeated Machine Guard Results in OSHA Fine of $159,522

An employee working at Crystal Finishing Systems Inc.’s aluminum extrusion facility in Weston was hospitalized with serious injuries after being struck by a puller machine while trying to unjam a piece of aluminum.

EPA Proposes to Ban Ongoing Uses of Asbestos

In a historic step, the US Environmental Protection Administration [EPA] is moving to protect people from cancer risks and is moving to ban asbestos in the US. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act.