NJ Supreme Court to Review COVID Compensability

The New Jersey Supreme Court has agreed to review Amato v. Township of Ocean School District, a pivotal case with significant implications for workers' compensation benefits related to COVID-19 occupational exposure, particularly concerning the interpretation of "essential employee" and a notable judicial recusal issue. This decision by the state's highest court underscores the critical legal questions that the Court will address.

Navigating NJ's ABC Test Changes

New Jersey's Department of Labor and Workforce Development (DLWD) has proposed new rules (N.J.A.C. 12:11) to clarify the application of the "ABC test" for determining independent contractor status. These proposed rules provide guidance for employers and workers on who is considered an employee versus an independent contractor under various New Jersey statutes.

Unmasking Asbestos's Genetic Fingerprint

The recently published study, "From asbestos exposure to carcinogenesis: Transcriptomic signatures in malignant pleural mesothelioma", identifies specific gene expression patterns (differentially expressed genes, or DEGs) in patients with malignant pleural mesothelioma (MPM) who have a documented history of asbestos exposure. The research deepens our understanding of the molecular changes that occur due to asbestos-induced carcinogenesis.

COVID-19 Claims: Work-Related?

In West Virginia, a workers' compensation claim for COVID-19 can be considered compensable even if the disease is common outside of work, as long as the claimant can prove it was contracted in the course of and resulted from their employment. Statistical evidence of general risk is relevant but not the sole determining factor.

Failure to Assist Not Actionable

 For a workplace injury claim to bypass the exclusive New Jersey Workers' Compensation Act, the employer's conduct must be an "intentional wrong" – meaning they knew injury or death was virtually certain, and the injury is beyond the scope of typical industrial employment. Simply entrusting an injured employee to a friend for transport to medical care generally doesn't meet this high bar.

Stripping the US Safety Net

The recently passed Republican budget bill in the U.S. House of Representatives, dubbed the "One Big Beautiful Bill Act," is poised to significantly impact Medicare and Medicaid beneficiaries, particularly those with disabilities and injured workers, by dramatically shrinking the U.S. social safety net.

NJ Workers' Compensation Cost Trends

The New Jersey Compensation Rating and Inspection Bureau (NJ CRIB) has released its 2024 annual report, offering a crucial look into the trends shaping the state's workers' compensation landscape. Understanding these trends is paramount for businesses operating in New Jersey, as it helps manage costs and ensure compliance. This analysis delves into the report's key findings, focusing on the cost of medical treatment relative to indemnity payments and overall claim trends.