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Tuesday, August 8, 2023

The Long Legacy of COVID-19 Disability

The legacy of the COVID-19 pandemic persists. There exists a continuing need for long-term treatment and disability. While state benefit systems such as workers’ compensation have made an admirable attempt in many jurisdictions to provide benefits, a significant gap and non-uniform delivery of benefits continue to exist among jurisdictions. Federal efforts are expanding to provide necessary research and treatment protocol resources. 

Tuesday, July 18, 2023

Protecting workers from electronic monitoring, tracking, and management

Automated technological tools are being deployed to monitor, surveil, manage workers, and defend workers’ compensation claims. The Biden Administration has focused on this issue and requested information to create an advanced understanding of these tools' design, deployment, prevalence, and impacts.

Monday, May 15, 2023

Is ChatGPT Ready to Write Workers’ Compensation Decisions?

Artificial intelligence (AI) programs have become an exciting new Internet phenomenon. Initially launched to generate graphics, the programs have rapidly emerged as Internet research's most significant development of the last twenty years.

Wednesday, November 16, 2022

The element of compulsion validates The Special Mission Doctrine

The NJ Appellate Division conducted an insightful analysis of The special mission doctrine in affirming a workers’ compensation award to an injured employee who suffered severe injuries when a tank loaded with acetylene gas exploded in this car. The employee was en route to deliver the tank to a customer of the employer, toff-hours, and with his personal vehicle and not under direct orders from his employer.

Monday, September 12, 2022

Dual Employment and the Proposed NLRB Joint-Employer Standard

Workers’ compensation claims may be pursued against two companies if there is found to be joint employment. While case law defines employment status, the US National Labor Relations Board has issued a proposed Rule to substantiate a dual employer status.

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. 

Wednesday, January 5, 2022

Innovation is Necessary to Meet the Challenge of COVID in 2022

COVID is the most extensive occupational exposure event in the history of the United States. Workplaces are now primed for a massive wave of compensation claims due to the Omicron variant. A recent study provides a potential opportunity for employers and insurance companies to reduce their risk exposure through early sequencing and treatment proactively.

Tuesday, December 28, 2021

Telehealth Extended for Two Years in New Jersey

Governor Murphy yesterday signed legislation (S-2559-12/21/2021 Approved P.L.2021, c.310) that extends for the next two years the requirement adopted at the outset of the COVID-19 pandemic that health benefits plans reimburse health care providers for telehealth and telemedicine services at the same rate as in-person services, with limited exceptions. 

Friday, December 10, 2021

Is the Workers' Compensation System Prepared for Omicron (Updated 12/10/21)

As this holiday season approaches, employers, insurance companies, and employees will be facing what may be the biggest COVID challenges of the year. The highly infectious disease variant Omicron detected initially in South Africa is spreading worldwide, including reported cases in the US.

Sunday, November 7, 2021

Senator Murray Calls for Permanent Daylight Saving Time Ahead of Clocks Falling Backward This Weekend

This week, U.S. Senator Patty Murray (D-WA) spoke on the Senate floor calling for federal action to follow the will of Washington voters and allow Washington state and the rest of the nation to move to permanent Daylight Saving Time (DST). During the speech, Senator Murray called on the Senate to pass legislation she has cosponsored, the Sunshine Protection Act, to establish permanent DST. Murray also pressed for executive action by the Biden administration to grant states like Washington, that have voted to move to permanent DST, a waiver to do so.

Saturday, June 5, 2021

Neurological symptoms like fatigue common in mild COVID

Neurological and psychiatric symptoms such as fatigue and depression are common among people with Covid-19 and maybe just as likely in people with mild cases, according to a new review study led by a UCL researcher.

Thursday, March 18, 2021

Bill to Overhaul National Unemployment Insurance Technology

US Senate Finance Committee Chair Ron Wyden, D-Ore., Senator Sherrod Brown, D-Ohio, Senator Mark Warner, D-Va., and Senator Catherine Cortez Masto, D-Nev., today introduced legislation that would establish one set of technology and security capabilities for state unemployment offices.

Monday, February 22, 2021

NJ Airport Workers' Pay Bill Clears Senate

In order to ensure wage guarantees, greater protections and health care benefits for workers at Newark Liberty International Airport and Train Station, the Senate passed the “Healthy Terminals Act.” The bill, sponsored by Senate Majority Leader Loretta Weinberg, Senator Linda Greenstein and Senate President Steve Sweeney, provides that “prevailing wage” rates will be a minimum standard rate of compensation for those workers, and makes the requirements subject to the “New Jersey Prevailing Wage Act.”

Thursday, February 18, 2021

Governor Murphy Signs Executive Order Extending Public Health Emergency in New Jersey - Statutory Presumptions of Compensability Extended

Governor Phil Murphy on February 17, 2021, signed Executive Order No. 222. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended in 2020 on April 7, May 6, June 4, July 2, August 1, August 27, September 25, October 24, November 22, and December 21, and again in 2021 on January 19. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

Wednesday, December 23, 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.

Monday, December 7, 2020

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.

Monday, November 23, 2020

NJ Governor Extends the Public Health Emergency

NJ coronavirus cases continue to soar. “At least 15 new coronavirus deaths and 3,968 new cases were reported in New Jersey on Nov. 22. Over the past week, there has been an average of 3,821 cases per day, an increase of 79 percent from the average two weeks earlier, “ The NY Times reported.

Thursday, November 12, 2020

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).

Tuesday, November 10, 2020

NJ Tightens COVID-19 Pandemic Restrictions

 NJ coronavirus cases continue to soar to a new daily number of 3,877 and a Rate of Transmission 1.25% and the state has now issued further restrictions to curb the spread of the potentially fatal virus. These new restrictions will impact business in the entertainment and hospitality field as well as indoor sports.