The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. The outcome of this case will significantly impact how asbestos claims are handled in bankruptcy proceedings.
Copyright
Friday, March 22, 2024
Monday, March 18, 2024
US Bans Asbestos
Monday, January 8, 2024
Not A Violation of Public Policy
In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument, may assert the “violation of public policy” as an allegation.
Sunday, January 7, 2024
Household Contact Awarded $30 Million Verdict for Mesothelioma
Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.
Saturday, December 30, 2023
Top Blog Posts of 2023
It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023.
Happy New Year!
Thursday, December 7, 2023
Potential Impact of the Purdue Pharma Bankruptcy Case
The Purdue Pharma bankruptcy case will significantly impact workers’ compensation cases nationally. The US Supreme Court heard oral argument this week, and the potential consequences are far-reaching.
Friday, October 20, 2023
New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim
In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.
Saturday, September 23, 2023
Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation
Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des FrĂ©quences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”
Tuesday, July 11, 2023
EPA Seeks Reporting of Asbestos Fibers
The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.
Thursday, July 6, 2023
California Supreme Court Bars Household Contact Covid Claims
Wednesday, July 5, 2023
California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow
The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).
Tuesday, February 7, 2023
Available Workers' Compensation Law 2023 Update
Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.
Tuesday, August 23, 2022
Household Contact COVID Case Status in California Supreme Court
The defense brief has now been submitted to California Supreme Court for review on the question of whether the workers’ compensation act does bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, Rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit.
Sunday, July 3, 2022
NJ Supreme Court Enhances Workplace Safety and Adopts an Updated Standard for Medical Causation
A divided NJ Supreme Court upheld a verdict for an employee who suffered mesothelioma, a fatal cancer, as a result of a product manufacturer’s failure to warn of the lethal nature of the product in the workplace. The Court acknowledged that even minor exposure to asbestos could cause disease.
Thursday, June 23, 2022
California Supreme Court Agrees to Review COVID Take Home Liability Case
The California Supreme Court has accepted for review the question of whether the workers’ compensation act bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit.
Sunday, June 19, 2022
Is Medicare-For-All a Prescription for Infectious Diseases in the Workplace?
The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits.
Federal Court: Roundup Subject to US EPA Review
The 9th Circuit Court of Appeals held that the Environmental Protection Agency must reevaluate glyphosate, a weedkiller used in Roundup. The court determined that the chemical poses a serious health hazard and is likely to cause human cancer.
Saturday, June 18, 2022
NJ Landscaper Ordered by Federal Court to Pay $400K in Back Wages and Damages to 32 Workers.
A federal court has approved a consent judgment ordering a Succasunna landscaping company and its owner to pay $400,000 in back wages and damages after the U.S. Department of Labor found the employer denied 32 of its workers the overtime pay they earned.
Friday, June 17, 2022
Burn Pit Benefits: The US Senate Passed The Pact Act
OSHA Fines Robbinsville NJ $368K for Scissor Lift Hazard
A U.S. Department of Labor investigation into the fatal fall of a contractor at a Robbinsville NJ frozen food manufacturer identified a wide range of potentially fatal workplace hazards at CJ TMI Manufacturing America LLC, leading the department’s Occupational Safety and Health Administration to issue the employer citations for 36 violations and proposed $368,513 in penalties.