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

NJ Labor Department Implements New Regulations to Protect the Rights of Tipped Workers

The New Jersey Department of Labor and Workforce Development (NJDOL) has announced new regulations that will ensure protections and fair wages for tipped workers.

NJ Governor Pat Murphy Extends Emergency Order Extending Statutory Deadlines

NJ Governor Phil Murphy today signed Executive Order No. 178, which temporarily extends certain statutory deadlines across state government that require review and action by agencies before a specified deadline. The statutory deadlines, in addition to certain effective dates that are being delayed, are included in the accompanying Appendix to the Order. The Order will take effect immediately.

Hospital Workers Proven Exposed to Airborne COVID Virus

Proving causal relationship in a health worker COVID occupational disease claim has just been bolster by a recent report associating SARS-CoV-2 in aerosols in disease transmission. 

Virus Sequencing Useful to Establish Causal Relationship

A recently reported technique maybe prove extremely helpful to establish causal relationship in workers’ compensation cases. Whether a healthcare worker’s severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) infection is community or hospital acquired affects establishment of compensability of a claim. 

Intentional Tort Claim Barred by the Exclusivity Rule

The New Jersey Workers Compensation Act (WCA), N.J.S.A. 34:15-1 to -146, generally prohibits employees from suing their employers for injuries sustained in workplace accidents. In a recent case the Court probed the boundaries of the "intentional wrong" exception to that general rule.

NJ COVID Presumption Bill Sent to Gov. Pat Murphy to Sign - Update 3

Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now advancing to NJ Governor Pat Murphy for signature. NJ has been an epicenter of the COVID-19 crisis and suffered some of the highest incidents of COVID illness and death in the US. NJ was initially caught off guard as the COVID virus entered the state from Europe through the major NJ/NY Airports undetected. 

Lessons from Asbestos Litigation Apply to COVID Claims

The rapid emergence of COVID-19 creates new challenges for the nation’s patchwork of state run workplace benefit delivery systems. This paper draws a comparison between COVID claims and asbestos claims, the “Largest and Longest” wave of occupational disease claims in the United States. The comparison offers insight into avoiding past economic, administrative and benefit delivery pitfalls. The lessons from asbestos claims provide an insight into maintaining a sustainable workers’ compensation system to meet the surge of COVID claims.

Listen to the COVID-19 Claims and Workers’ Compensation Law Webinar

Click here to listen to the recording of the COVID-19 Claims and Workers’ Compensation Law Webinar. The program was originally broadcast on June 11, 2020.

The discussion addressed global issues impacting the workers’ compensation claim process including claim identification and processing, pre-trial activity and trial preparation.

Asbestos Advocates and Experts Speak Out Against EPA's Flawed Draft Asbestos Risk

Today the Asbestos Awareness Disease Organization (ADAO)—an independent nonprofit dedicated to preventing asbestos exposure through education, advocacy, and community initiatives—spoke out about the exclusions in EPA’s Draft Asbestos Risk Evaluation that will keep Americans at severe risk of deadly exposure to asbestos.

Asbestos: Strict Liability Imposed Against Product Manufacturers for Ordinary Product Life

The NJ Supreme Court decided an asbestos product liability case that mandates strict liability against manufacturers or distributors of products that contain asbestos-fiber. The court in granting strict liability for failure to adequately warn ultimate users during the ordinary life of the product of the dangers. The Court aligned NJ common law with the US Supreme Court, the NY Court of appeals and the Maryland Court of Appeals.

Fourteen Attorney Generals Criticizes EPA for Failing to Protect Americans from Asbestos, a Long-Known Dangerous Carcinogen

California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey, leading a coalition of 14 attorneys general, including New Jersey Attorney General Gurbir S. Grewal, submitted comments criticizing the Environmental Protection Agency’s (EPA) finding that certain uses of asbestos present no unreasonable risk to human health. In the comment letter, the coalition argues that the EPA’s draft risk evaluation for asbestos violates the Toxic Substances Control Act (TSCA) and Congress' intent that the EPA consider all uses of asbestos in its evaluation. The coalition notes the finding is unsupported by the EPA's own assessment and urges the agency to obtain the information it has admitted it needs to conduct the necessary, thorough evaluations of the risks presented by this chemical.