US Requests SCOTUS Not Review Medical Marijuana Reimbursement Issue

The US Government filed an amicus curiae brief requesting that the US Supreme Court  (SCOTUS) not review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The US Government was invited to submit a brief by SCOTUS. Musta v. Mendota Heights Dental Center, et al., No. 21-998.

EPA Proposes to Ban Ongoing Uses of Asbestos

In a historic step, the US Environmental Protection Administration [EPA] is moving to protect people from cancer risks and is moving to ban asbestos in the US. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act.

Order: Workers' Compensation Law 2022 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law can now be ordered from Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.

Household Contacts can sue an employer for harm caused by COVID

The longstanding principle that household contacts of an employee can sue an employer for harm has been upheld in a California claim. An employee who brought home the COVID virus and infected a household member, in this case, death, was the basis of a direct case by the deceased family member’s estate against the employer.

Amazon Settles with California Over Concealment of COVID Data From Warehouse Workers COVID-19

Historically workers have been denied adequate occupational exposure information, which has led to epidemics of disease/death and lawsuit, including workers' compensation claims. Exposure to the SARS-CoV-2 (Coronavirus) virus has been no exception.

Biden Administration Targets Occupational Exposure to PFAS

The Biden-Harris Administration announced accelerated efforts to protect American workers from per- and polyfluoroalkyl substances (PFAS), which can cause severe health problems and persist in the environment once released, posing a severe threat across rural, suburban, and urban areas. 

Across Two Separate Settlements, EPA Commits to Expedite and Strengthen Asbestos Risk Reevaluation Under TSCA

The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure, announced it had reached two landmark legal settlements with the Environmental Protection Agency (EPA) that strengthen and broaden its work to evaluate the health risks of asbestos under the Toxic Substances Control Act (TSCA). 

“Forever Chemical” Delaware Settlement $50 Million

It has been reported that DuPont and two other spinoff companies will pay the state of Delaware $50 Million to clean up the residuals of polyfluoroalkyl substances [PFAS] pollution. 

OSHA: ETS and COVID-19 - CRS issues an updated report April 2021

The Occupational Safety and Health Administration (OSHA) does not currently have a specific standard that protects health care or other workers from airborne or aerosol transmission of disease or diseases transmitted by airborne droplets. 

Just Published - Workers' Compensation Law 2021 COVID-19 Update

Jon Gelman’s* newly revised and the updated treatise on Workers’ Compensation Law has been published by Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law. Updated annually for over 35 years, this body of work provides practical tips, objective analysis, and academic support for the workers' compensation community.

Health Advocates Petition 9th Circuit for Asbestos Relief from EPA’s Flawed Final Risk Evaluation for Asbestos

Joined by five public health groups and six leading asbestos scientists, the Asbestos Disease Awareness Organization (ADAO), an independent nonprofit organization dedicated to preventing asbestos exposure, today asked the Ninth Circuit Court of Appeals to review the asbestos risk evaluation issued last month by Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA).

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. 

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. 

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 Law Firm Names No Longer Need to Have the Name of a Practicing Lawyer

The Supreme Court has adopted amendments to Rule of Professional Conduct 7.5 (“Law Firm Names and Letterheads”) so as to remove the requirement that the law firm name include the name of a lawyer and describe the nature of the firm’s legal practice. The Court also adopted similar amendments to Court Rules 1:21-1A, 1:21-1B, and 1:21-1C, concerning law firms that practice in a corporate form such as a professional services corporation, limited liability company, or limited liability partnership. The amendments were adopted September 9, 2020 and were effective upon adoption.

The Perfect Pandemic Storm

It has now been 220 days since, January 29, 2020, when I first posted my initial article on the COVID-19 Pandemic. It has been updated many times since. At that time I raised the issue, whether the workers’ compensation system was prepared for the COVID-19 Pandemic.

OSHA Issues Revised Final Beryllium Standard

he U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today published a final rule revising the beryllium standards for construction and shipyards. The final rule includes changes designed to clarify the standards and simplify or improve compliance. These changes maintain protection for workers while ensuring that the standard is well understood and compliance is simple and straightforward.

The Second Time Around: The Complexity of SARS-CoV-2 Reinfection

The complexity of SARS-CoV-2 claims was elevated to a new level by a report indicating that humans could suffer reinfection of the virus. The hope that long-standing or permanent immunity from SARS-CoV-2 was dissipated by a preprint of the Lancet study.

CMS is Hosting A Webinar on Insurance Plan Appeals

Commercial Repayment Center (CRC) Non-Group Health Plan (NGHP) Applicable Plan Recovery Webinar: Appeals Thursday, September 24, 2020 1:00pm ET