Medical Reports Matter: Court Remands Disability Case

The U.S. District Court recently vacated and remanded a decision by the Commissioner of Social Security, emphasizing the critical importance of considering all relevant medical evidence, particularly reports generated within the context of a workers' compensation claim. 

Insurance Coverage Denied in Employee Suit

A recent case, Rice Enterprises, LLC v. RSUI Indemnity Co., highlights the complexities of insurance coverage for employers facing lawsuits from employees. The case involved a former employee who sued Rice Enterprises for negligence related to alleged sexual harassment and assault by a manager. Rice Enterprises sought coverage under its insurance policies, specifically a Workers' Compensation and Employers' Liability policy from Zenith Insurance Company and a Commercial Umbrella liability policy from RSUI Indemnity Company.  

Medicare Set-Aside Shake Up Ahead?

Awaiting a decision from the U.S. Supreme Court, Federal Communications Commission v. Consumers' Research is poised to potentially redefine federal administrative agencies' authority scope. This shift could flow into various regulatory processes, including the Workers' Compensation Medicare Set Aside Agreements (WCMSAs) adjudication. 

Workplace Injury: No Civil Recourse

A recent decision by the New Jersey Superior Court, Appellate Division, highlighted the application of the Workers' Compensation Act's exclusivity bar in a case involving a fatal parking lot accident on employer property. The court in Faisal Jameel v. HMH Hospitals Corporation affirmed the dismissal of a civil lawsuit against the employer, finding that workers' compensation covered the tragic incident and did not meet the high standard for the "intentional wrong" exception.

Remember the Dead, Fight for the Living

International Workers' Memorial Day, observed annually on April 28th, serves as a crucial reminder to honor those who have lost their lives or been injured at work and to advocate for safer working conditions for all.

When Credibility Crumbles: Workers' Comp Claim Dismissed

The New Jersey Appellate Division recently affirmed the dismissal of workers' compensation claims brought by Dorothy Makins against Premier Cadbury, LLC. Makins alleged that two incidents while working at Cadbury in 2018 caused or aggravated her injuries, which stemmed from prior employment.

The Toll of Neglect: Understanding the AFL-CIO Report and its Impact on NJ Workers' Compensation

Every year, the AFL-CIO releases its "Death on the Job: The Toll of Neglect" report, a sobering account of workplace fatalities and injuries across the United States. This report highlights the tragic human cost of unsafe working conditions and serves as a critical tool for understanding trends and advocating for stronger worker protections. For workers in New Jersey, understanding the findings of this report is crucial, as it can shed light on the challenges faced when pursuing workers' compensation claims.