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. 

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.

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.

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.

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.

Law Would Increase Transparency in the Workers’ Compensation Medical Delivery System

Senator Troy Singleton (NJ D-7) has introduced legislation that would increase transparency in medical treatment arising from workers’ compensation claims.

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.”

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.

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.

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.

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.

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).

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. 

The COVID-19 Advisory Board and the Future of Workers’ Compensation

Today, the Biden-Harris Transition announced the formation of the Transition COVID-19 Advisory Board, a team of leading public health experts who will advise President-elect Biden, Vice President-elect Harris, and the Transition’s COVID-19 staff. The Transition COVID-19 Advisory Board will be led by co-chairs Dr. David Kessler, Dr. Vivek Murthy, and Dr. Marcella Nunez-Smith. Dr. Beth Cameron and Dr. Rebecca Katz are serving as advisors to the Transition on COVID-19 and will work closely with the Advisory Board.

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.

A Federal Heroes Compensation Fund

The COVID-19 pandemic has the potential of generating an enormous number of occupational illness claims from health care workers [HCW] and first responders [FR]. Several governmental leaders have called for a nationalized workers’ compensation benefit program to handle the surge of claims. 

OSHA Steps Backwards on COVID-19 Occupational Exposures

On Friday, the Occupational Health and Safety Administration [OSHA] announced a policy minimizing occupational exposure to COVID-19 exposures and disease in the workplace. The policy contradicts the nationals patchwork of state Workers’ Compensation Acts that have statutorily included occupational exposure to infectious disease as a work-related and compensable illness.

Law Enacted to Phase-Out Use of Military Burn Pits

Recent legislation passed Congress and signed by the President last week mandates the  phase-out burn pits used by the United States military. The law provides for medical monitoring and health assessments of military members who have been exposed to toxic chemicals or airborne contaminants from burn pits. This legislation follows the dismissal, almost a year ago, of litigation against third-party contractors by service members, and their dependents, who became ill after alleged exposure to  the toxic fumes where burn pits were utilized in the Iraq and Afghanistan wars.

Governor Murphy Signs Legislation to Dramatically Reform New Jersey's Medical Marijuana Program, Expand Patient Access

Governor Phil Murphy on July 2, 2019 signed the Jake Honig Compassionate Use Medical Cannabis Act to dramatically reform New Jersey’s Medicinal Marijuana Program (MMP) and expand patient access to medical marijuana.

Surveillance drones: Coming soon to Nebraska workers’ compensation?

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

Last summer Brody posted about the possibility of drone surveillance in workers’ compensation cases in Nebraska. Some new developments lead me to believe that drone surveillance of injured workers in Nebraska may be coming soon.