NJ Appellate Division Rules That The City of Newark Can Implement Its Vaccine Mandate

The  NJ Appellate Division held that the Mayor of the City of Newark has the authority, as a managerial prerogative, to mandate that all City employees be fully vaccinated against COVID-19. Nine unions representing City employees filed unfair labor practice charges against the City with the Public Employment Relations Commission (PERC). The unions had requested an injunction to prevent implementing the mandate before the City negotiated with the unions. A Director of PERC issued an order granting in part and denying the unions' request for preliminary injunctive relief.

NJ Governor Signs Hiring Preference Law for Employees Injured at Work

On Friday, September 24, 2021, NJ Governor Phil Murphy signed A-2617/S-2998 [P.L.2021, c.228.], requiring employers to provide hiring preference to employees who have reached maximum medical improvement following a work-related injury.

Warehouse Workers' Injuries Are Increasing as Employers Use Artificial Intelligence

An increase of injuries suffered by warehouse workers, fueled by employers' use of artificial intelligence, is getting legislative attention. The focus is on Amazon and other major retail giants whose business has exploded since the COVID Pandemic emerged.

NJ Court Upholds Bar on Implementing Triennial Determination

Disability Benefits before age 62 are not entitled to a COLA (Cost of Linving) increase in benefits, a “triennial determination.” The Court reasoned that the 1980 NJ statute allowing for a “reverse offset,” one in which the employer takes the Social Security Disability Offset, also permits NJ law to pre-empt Federal law that mandates such a recalculation. 

NJ Governor Murphy Signs Legislation and Executive Order Ending COVID-19 Public Health Emergency

With all COVID-19 capacity restrictions on businesses and gathering limits having been lifted due to the continued improvement of New Jersey’s public health metrics, Governor Phil Murphy today signed legislation (A5820/S3866) enabling the end of the COVID-19 Public Health Emergency that has been in place since March 9, 2020. Immediately following the signing of the legislation, Governor Murphy signed Executive Order No. 244, ending the COVID-19 Public Health Emergency. Under the legislation, the majority of executive orders issued pursuant to the Public Health Emergency will expire 30 days from today.

U.S. Equal Employment Opportunity Commission Issues Update On Vaccinations

The following is shared from the U.S. Equal Employment Opportunity Commission eeoc.gov 

NJ Announces Intention to End COVID-19 Public Health Emergency

As New Jersey continues to make progress in the fight against COVID-19 and with state metrics continuing to trend in the right direction, Governor Phil Murphy and his Administration have begun working with Senate President Sweeney and Assembly Speaker Coughlin on legislation that will end the COVID-19 Public Health Emergency in place since March 2020, while also ensuring that the Administration retains necessary tools to manage the ongoing threat to public health, as well as recovery and vaccination efforts.

NJ Supreme Holds Employers Responsible for Workers' Compensation Medical Marijuana Costs

The NJ Supreme has recognized that the workers’ compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids. 

 

The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.

Rubio, Gillibrand Introduce Landmark Burn Pits Legislation to Help Veterans

U.S. Senators Marco Rubio (R-FL) and Kirsten Gillibrand (D-NY) introduced the bipartisan and bicameral Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act. U.S. Representatives Raul Ruiz, M.D (D-CA) and Brian Fitzpatrick (R-PA) will introduce the legislation in the U.S. House of Representatives. This bill would provide presumptive U.S. Department of Veterans Affairs benefits to servicemembers who have deployed and have illnesses due to exposure to burn pits and other toxins. Approximately 3.5 million veterans have been exposed to burn pits that spewed toxic fumes and carcinogens into the air.

National COVID-19 Aerosol Workplace Standard Urged

Leading public health and workplace safety experts have urged the Biden Administration to invoke immediate measures to reduce the aerosol spread based COVID-19 virus. In a letter to the national pandemic response team leaders, the experts have stated that urgent action is needed on a national scale.

National Strategy for The COVID-19 Response and Pandemic Preparedness

“Our national strategy will be driven by scientists and public health experts who will regularly speak directly to you, free from political interference as they make decisions strictly on science and public health alone.”  President Joe Biden, January 21. 2021

Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates

It seems that every decade a new pandemic emerges on the world scene, and complacency continues to exist in the workers’ compensation arena to meet the emerging challenges of infectious disease.

More than half of COVID-19 health care workers at risk for mental health problems

A new study suggests more than half of doctors, nurses, and emergency responders involved in COVID-19 care could be at risk for one or more mental health problems, including acute traumatic stress, depression, anxiety, problematic alcohol use, and insomnia. The researchers found that the risk of these mental health conditions was comparable to rates observed during natural disasters, such as 9/11 and Hurricane Katrina.

Disability for Post-Acute Sequelae of COVID-19

The residuals of COVID-19 (SARS-CoV2 virus) are many. Claimants will need to prove that the residuals that they have sustained are causally related to the virus. 

OSHA Temporary Emergency COVID Standard on the Horizon

President-elect Joe Biden plans to have OSHA establish an emergency temporary standard to keep workers safe from COVID-19. 

Top 10 Articles of 2020 - Year in Review

A list of the most popular 10 Workers’ Compensation Blog Posts in 2020

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

Governor Phil Murphy signed Executive Order No. 210. 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, September 25, October 24, and November 21. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

NJ Governor Phil Murphy’s Conditional Veto Message on Senate Bill No. 2354

Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 2354 (Second Reprint) with my recommendations for reconsideration.

Trust Through Transparency

A significant concern of employees, employers, and insurance companies is whether or not the new COVID-19 vaccines are safe to take. Vaccine efficacy is going to have a significant impact on the decision-making process.

Survivors of COVID-19 appear to be at increased risk of psychiatric sequelae

A recent study concludes that survivors of COVID-19 appear to be at increased risk of psychiatric sequelae. This reports reflects the potential for an increased surge of workers’ compensation claims attributed to exposure to coronavirus in the workplace.