California's WVPP Legislation: A Potential Benefit for Workers and Industry?

California's Senate Bill 553 (SB 553), which mandates a Workplace Violence Prevention Plan (WVPP) for most employers by July 1, 2024, has a primary focus on employee safety. However, it might also have a secondary benefit – reduced workers' compensation insurance costs.

Premature Satisfaction of a Third-Party Lien

The New Jersey Superior Court, Appellate Division, ruled that a third-party lien can remain unresolved until the workers’ compensation claim is adjudicated.

Asbestos Claimants Maybe be Impacted by US Supreme Court Decision

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.

Long COVID Continues as a Workplace Crisis

Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or joint pain, shortness of breath, heart palpitations, sleep difficulties, mood changes, and more. With millions of Americans suffering daily, more must be done to address this crisis.

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.

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!

NJ Rates to Rise in 2024

New Jersey is set to become one of a handful of states with a minimum wage of at least $15/hour on January 1, 2024 when the rate increases to $15.13/hour, surpassing the goal set by Governor Murphy and the Legislature in 2019. 

Not an Exception

In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to obtain workers’ compensation insurance, the employee remains limited to those remedies provided under the WCA.

Misclassification Lawsuit Filed by NJ Attorney General

Attorney General Matthew J. Platkin and New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo announced today that they have filed the first lawsuit under a 2021 law that permits the State to file suit in New Jersey Superior Court against employers who have misclassified workers as independent contractors when they are, in fact, employees.

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.

Arrowood Indemnity Company In Liquidation

On November 8, 2023, Arrowood Indemnity Company, a Delaware domestic property and casualty insurance company (“Arrowood”) was ordered liquidated by the Court of Chancery of the State of Delaware (the “Court”).

An Artificial Intelligence Certification

Since the public introduction of ChatGPT, the legal community has been attempting to co-evolve with Artificial Intelligence [AI]. AI's major limitation is the fear that this disruptive technology is producing unreliable results.

Extra-territorial Medical Provider Claims

A New Jersey medical provider failed to select the appropriate cause of action and party to seek recovery for unpaid medical bills.  The case highlights the bumping road for NJ medical providers who seek reimbursement in claims involving extra-jurisdictional work-related accidents.

Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict

Wearing an employer-designated work uniform shouldn’t result in severe and debilitating occupational exposures. Unfortunately, some American Airlines flight attendants suffered injuries from wearing the flight uniforms prescribed by their employer. The lawsuit that they filed lawsuit resulted in a $1.1 Million award.

The Essentials of Trial Preparation

Proper trial preparation is the key to a successful Worker's Compensation claim outcome. A recent NJ Appellate Division opinion emphasizes the importance of appealable issues and having the necessary evidence available.

NJCRIB Submits Request for 3.9% Decrease in Premium Rate

The New Jersey Compensation Rating and Inspection Bureau [NJCRIB] has submitted to the NJ Department of Banking and Insurance a request for a 3.9% decrease in the overall workers' compensation premium and rate level effective January 1, 2014. 

Impacts of a Governmental Shutdown

The effects of a government shutdown on state workers' compensation systems and their integration with Social Security will vary depending on the specific circumstances of each state. However, some general trends can be expected.

Implementing AI for Workers’ Compensation Law Firms and Insurance Companies

Artificial intelligence [AI] opens new frontiers for workers’ compensation law firms and insurance companies. Last week, Google announced new applications that will vastly expand how workers’ compensation claims can be serviced, managed, and supported.

Judicial Oversight

A cornerstone of the NJ Workers’ Compensation Act [WCA] is that the Division of Workers’ Compensation [DWC] is mandated to oversee the settlement of accident or injury claims. 

NJ Enforces Laws Against Worker Exploitation

In the four years since Governor Murphy expanded the New Jersey Department of Labor and Workforce Development's (NJDOL) powers in 2019 to halt work on job sites when there is strong evidence of worker exploitation, over 110 stop-work orders have been issued and more than $2.7 million in back wages owed to affected workers, liquidated damages, and penalties have been assessed.