Talc-Based Cosmetics Test Positive for Asbestos

Laboratory tests of talc-based cosmetics products, commissioned by the Environmental Working Group, found asbestos – a deadly human carcinogen for which there is no safe level of exposure – in almost 15 percent of samples. 

CDC Likely to Allocate COVID-19 Vaccine to Essential Workers Ahead of Seniors

Who gets the COVID-19 vaccine first was the subject of a meeting this week of the Centers for Disease Control’s [CDC] Advisory Committees on Immunization Practices [ACIP]. While a final determination has yet been made, it appears that the initial vaccine allocation will prioritize essential workers.

ACLU Files Lawsuit Against Meatpacking Plant for Treacherous COVID-19 Conditions

While the workers’ compensation system was established to shield employers from civil actions, in certain circumstances employers may still bring a cause of action directly against the employer. Essential workers in Nebraska have sued their employer for operating a meatpacking plant under conditions that were unsafe during the COVID-19 pandemic. This case highlights the need for employers to formulate worker safety protocols during the COVID-19 Pandemic.

NJ Governor Extends the Public Health Emergency

NJ coronavirus cases continue to soar. “At least 15 new coronavirus deaths and 3,968 new cases were reported in New Jersey on Nov. 22. Over the past week, there has been an average of 3,821 cases per day, an increase of 79 percent from the average two weeks earlier, “ The NY Times reported.

Underpayment of Wages Impact Workers’ Compensation Claims

The underpayment of wages due workers impacts the calculation of benefits that injured workers and their dependents receive. States are now enforcing laws when inadequate wages have been paid workers.

Federal Preemption of State Medical Billing Schedules

Medical benefits are a significant factor in the overall costs of of most state workers compensation programs. The ability to contain  those costs is at the very heart of the viability of most workers’ compensation systems. Federal preemption of state medical fee schedules and regulations are a prevailing challenge to the patchwork of non-uniform state benefit programs.

The Biden Plan to Strengthen Safety in the Workplace Anticipated

As New Jersey re-implement stricter controls to contain the new surge the COVID-19, a stronger federal policy appears to be on the horizon from the incoming Biden Administration. Employers will need to prepare for the anticipated rules.

Strategies to Prevent COVID Clusters and Spreaders

This week’s episode of the Veterans Administration  Podcast “COVID in 20” focuses on important strategies to prevent workplace COVID clusters and super-spreaders. The experts were questioned by Dr. Chad Kessler, National Program Director for VHA [Veterans Health Administration] Emergency Medicine.

NJ Files Lawsuits Against Two Waterfront Sites for Contamination

As part of the State of New Jersey’s continuing commitment to protect public health and restore natural resources degraded by those who refuse accountability, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two lawsuits to compel the clean-up of contamination and recover Natural Resource Damages (NRDs).

Over 46% of High-risk Adults Are Endangered by Workplace Exposures to SARA-CoV2

A recent study published in The Journal of the American Medical Association (JAMA) this week finds that workplace-exposures to SARS-CoV2 endanger, not only the workers but also imperil the lives of their household contacts. 

NJ Tightens COVID-19 Pandemic Restrictions

 NJ coronavirus cases continue to soar to a new daily number of 3,877 and a Rate of Transmission 1.25% and the state has now issued further restrictions to curb the spread of the potentially fatal virus. These new restrictions will impact business in the entertainment and hospitality field as well as indoor sports. 

Grocery Store Workers Five Times More Likely to Get COVID-19 Infection

Grocery store employees are likely to be at heightened risk of COVID-19 infection, with those in customer-facing roles 5 times as likely to test positive as their colleagues in other positions, suggests the first study of its kind, published in the journal Occupational & Environmental Medicine.

The COVID-19 Advisory Board and the Future of Workers’ Compensation

Today, the Biden-Harris Transition announced the formation of the Transition COVID-19 Advisory Board, a team of leading public health experts who will advise President-elect Biden, Vice President-elect Harris, and the Transition’s COVID-19 staff. The Transition COVID-19 Advisory Board will be led by co-chairs Dr. David Kessler, Dr. Vivek Murthy, and Dr. Marcella Nunez-Smith. Dr. Beth Cameron and Dr. Rebecca Katz are serving as advisors to the Transition on COVID-19 and will work closely with the Advisory Board.

When is an off-regular-hours activity not in the course of the employment?

The NJ Supreme Court is deliberating on the issue of whether an an employee should receive workers’ compensation if an injured occurred at an off-regular-hours event. The issue presented to the Court was whether an employee is entitled to benefits under the Workers’ Compensation Act, specifically N.J.S.A. 34:15-7, for injuries that occurred while she was volunteering at her employer’s “Family Fun Day” event?

NJ Takes Action to Put Workers’ Health Ahead of Covid

Building on ongoing efforts to safeguard New Jersey’s frontline workforce, Governor Phil Murphy signed Executive Order No. 192, providing mandatory health and safety standards to protect all New Jersey’s workers at work during the pandemic.

Nursing Homes Unprepared for the Winter Coronavirus Surge

As the coronavirus (SARS-CoV2) case numbers drastically rise throughout the United State, the lack of preparation becomes more obvious and the burden on the workers’ compensation programs will equally increase. Essential medical workers and their support staff may become in short supply.

Health Emergency Curfew Imposed in Newark NJ

As the cases of coronavirus surge to record numbers, the City of Newark NJ is imposing a curfew and additional restrictions to curb the contagion of the coronavirus, SARS-CoV-2. Non-essential business are being asked to restrict their hours of operation and strengthen pandemic preparation activities to protect both their workers as well as the public at-large from the deadly and highly contagious virus.

Governor Murphy Signs Executive Order Extending Public Health Emergency in New Jersey

As the number of cases of COVID-19 continues to surge across the country and in NJ, Governor Phil Murphy signed Executive Order No. 191. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended on April 7, May 6, June 4, July 2, August 1, August 27, and September 25. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed. 

NJ Cannabis Bill Advances Mandating Workers’ Compensation Coverage

The NJ Assembly will hold a hearing on October 26, 2020 at 10:30am on legislation A1706 that will mandate workers’ compensation carriers to cover coverage for the medical use of cannabis in certain circumstances.

Appellate Court Cautions Attorneys Against Disrespectful Attacks on Judges of Compensation

Civility has an essential role in the judicial process. All parties and the court are required to both understand and conform to the role of formal politeness and courtesy in behavior and speech in order to both maintain decorum and confidence in the judicial process.