COVID-19 on the Brain: Neurological Symptoms Persist in Majority of Long-Haulers

A new study offers scientific evidence supporting permanent neurological disability flowing from an occupational COVID-19 condition. Researchers at University of California San Diego School of Medicine are conducting a longitudinal study to track neurological symptoms in COVID-19 “long-haulers.”

Central New Jersey facility to pay $273K, take corrective actions to resolve COVID-related respirator violations

OSHA finds employers failed to ensure safe respirator use while testing hundreds daily.

Senator Merkley Chairs Hearing on Asbestos Ban Legislation

Oregon’s U.S. Senator Jeff Merkley, Chairman of the Senate Environment and Public Works Committee’s Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight, called and chaired a hearing on the Alan Reinstein Ban Asbestos Now Act of 2022.

Common Law Discrimination Complaint Fatally Flawed

One of the remedies available to injured workers who have been discharged in retaliation for filing a workers’ compensation claim is a common law action. The failure to adequately plead a retaliation action in the complaint will result in the dismissal of the action.

The Honorable Maria Del Valle-Koch Appointed the New Chief Judge and Director

The Honorable Maria Del Valle-Koch will be the New Chief Judge and Director effective Monday, June 6, 2022. Outgoing Chief Judge and Director Russell Wojenko, Jr. announced Friday that Robert Asaro-Angelo, Commissioner of NJ Labor and Workforce Development, had made the appointment.

Penalties for Delay in Payment Excessive

Waiting for timely payment of a workers’ compensation award can sometimes be a frustrating experience for an injured worker. The penalties assessed for the delay in paying a workers’ compensation award were an issue of first impression reviewed by the NJ Appellate Division.

US Supreme Court to Conference Medical Marijuana Preemption Case

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022.  Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Dual Employment Status Bars Double Recovery

An employee may have dual employers but ultimately can only receive a single recovery from only one employer for work-related injuries. The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort.

NJ Senate Confirms Judicial Nominations

On May 26, 2022, the NJ Senate has confirmed NJ DWC Chief Judge and Director Russell Wojtenko Jr. of West Windsor to be a Judge of the Superior Court for the term prescribed by law, ending seven years from the date of appointment.

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).