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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Friday, September 16, 2022

Establishing Causal Relationship: Long COVID Biomarkers

Identifiable biomarkers may provide objective evidence in proving a Long COVID claim. A recent report highlights developments in identifying the risk of Long COVID through immune profiling.

Thursday, September 15, 2022

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Wednesday, September 14, 2022

Uber Pays $100M Fine in NJ Driver Misclassification Case

Uber Technologies Inc. and a subsidiary have submitted a $100 million payment to the New Jersey Department of Labor and Workforce Development’s (NJDOL’s) Unemployment Trust Fund after an audit found the ride-share companies improperly classified hundreds of thousands of drivers as independent contractors, depriving them of crucial safety-net benefits such as unemployment, temporary disability, and family leave insurance, and failed to make required contributions toward unemployment, temporary disability, and workforce development.

Tuesday, September 13, 2022

CMS Expands Options for Defense Submissions for CRCP

Commercial Repayment Center Portal (CRCP) Defense Submission Frequently Asked Questions

Recently a change was made to the portal that allows CRCP users to associate defenses to the individual claims included in recovery demands. This more granular response to demands, where Group Health Plans (GHPs) specify the basis of defense submissions, allows for more efficient and accurate reviews of the submitted defenses. What follows are answers to frequently asked questions received by the Commercial Repayment Center (CRC) in regard to this change. Additional details on the functionality are available in Version 3.2 of the CRCP User Guide, which is available in the “Reference Materials” section of the CRCP.

Monday, September 12, 2022

Dual Employment and the Proposed NLRB Joint-Employer Standard

Workers’ compensation claims may be pursued against two companies if there is found to be joint employment. While case law defines employment status, the US National Labor Relations Board has issued a proposed Rule to substantiate a dual employer status.

Wednesday, September 7, 2022

NJ Workers’ Compensation Benefit Rates Increase in 2023

The New Jersey Department of Labor and Workforce Development (NJDOL) announced increases in the maximum benefit rates for Workers’ Compensation for the calendar year 2023. 

Monday, September 5, 2022

Top 10 Workplace Safety and Health Violations

The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for all industries. OSHA publishes the list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries, illnesses, and deaths occur in the workplace that are related to these top 10 cited standards.