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

Wednesday, April 3, 2024

$10 Million Punitive Damage Award for Workplace Discrimination Upheld

Unlike the NJ workers' compensation claims, there is no cap on punitive damages available for claims under the NJ Law Against Discrimination.

Tuesday, April 2, 2024

California's WVPP Legislation: A Potential Benefit for Workers and Industry?

California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have a secondary benefit – reduced workers' compensation insurance costs.

Friday, March 29, 2024

Exposed to "Forever Chemicals": NJ Workers' Compensation for PFAS Illness

Per and polyfluoroalkyl substances (PFAS), also known as "forever chemicals," are a growing concern in the workplace. These man-made chemicals are nearly impossible to break down and can build up in the body over time. Unfortunately, some New Jersey workers are facing serious health consequences due to PFAS exposure.

Tuesday, March 26, 2024

Premature Satisfaction of a Third-Party Lien

The New Jersey Superior Court, Appellate Division, ruled that a third-party lien can remain unresolved until the workers’ compensation claim is adjudicated.

Deviation From Employment

The NJ Appellate Division held that an emergency police dispatcher who was injured in a car accident while returning to work from a lunch break was not entitled to workers' compensation benefits. 

Monday, March 25, 2024

Analysis of US EPA's Draft Risk Evaluation for Formaldehyde and Worker Health

The U.S. Environmental Protection Agency's (EPA) draft risk evaluation of formaldehyde, released on March 15, 2024, raises significant concerns for worker health and worker compensation risk exposure.

Saturday, March 23, 2024

A Cautionary Tale on the Use of AI

Judge Desai addressed the misuse of Artificial Intelligence (AI) in Larry Grant v. City of Long Beach, 22-56121 D.C. No.2:21-cv-06666 JVS-JEM, in the Ninth Circuit Court of Appeals opinion filed on March 22, 2024. The analysis highlights the potential pitfalls of using unverified AI for legal pleadings and emphasizes the need for caution among attorneys.