Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

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.

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.

Preparing for the Next Epidemic of Occupational Disease

A recently published standard establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations.

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. 

Workers' Compensation Judges Exempt from Gun Permit Requirement

A Federal Judge, in a multifaceted decision, upheld a New Jersey law exemption that allows specific individuals to carry a concealed weapon without a permit. Workers’ compensation judges actively handling cases are one of the groups of individuals who are exempt from the permit requirement. 

Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS

On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).

Burn Pit Claims: US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination

In a 5-4 decision authored by Justice Breyer, the US Supreme Court reversed a lower court and remanded the case allowing a veteran to sue the state of Texas. It held under the US Constitution that the States agreed it would yield their sovereignty to the Federal Government to raise and support the Armed Forces.

US Supreme Court Holds Washington State’s Workers’ Compensation Law Unconstitutional Under the Supremacy Clause

Washington’s workers’ compensation law discriminates against the Federal Government and its contractors. Because §3172 does not clearly and unambiguously waive the Federal Government’s immunity from discriminatory state laws, Washington’s law is unconstitutional under the Supremacy Clause. 

The Master of the Complaint Retains Jurisdiction

Deciding employment status is an issue that can be resolved either before the Division of Workers’ Compensation [DWC] or before Superior Court in a civil action.

CMS stopped from imposing vaccine mandate

The Centers for Medicare and Medicaid Services [CMS] has been halted from imposing a vaccine mandate on a wide range of healthcare facilities. A federal court in Missouri found in favor of a group of 11 Republican states when it issued an injunction against the proposed rule.

U.S. Equal Employment Opportunity Commission Issues Update On Vaccinations

The following is shared from the U.S. Equal Employment Opportunity Commission eeoc.gov 

Navigable Waterway Confers Jurisdiction

The Third Circuit Court of Appeals has ruled that workers compensation benefits are payable under The Longshore and Harbor Workers Compensation Act (LHWCA) if the worker injured on “navigable water.” There is no need to prove that the waterway “is capable of sustaining ‘commonly used large commercial ships” or if there is evidence of ‘present commercial use.’”

NJ Receives 1,181 COVID Complaints

The New Jersey Department of Labor and Workforce Development (NJDOL) received 1,181 complaints from workers and customers in the first four weeks of Gov. Murphy’s executive order expanding workplace protections during COVID-19. 

CDC Likely to Allocate COVID-19 Vaccine to Essential Workers Ahead of Seniors

Who gets the COVID-19 vaccine first was the subject of a meeting this week of the Centers for Disease Control’s [CDC] Advisory Committees on Immunization Practices [ACIP]. While a final determination has yet been made, it appears that the initial vaccine allocation will prioritize essential workers.

NJ Takes Action to Put Workers’ Health Ahead of Covid

Building on ongoing efforts to safeguard New Jersey’s frontline workforce, Governor Phil Murphy signed Executive Order No. 192, providing mandatory health and safety standards to protect all New Jersey’s workers at work during the pandemic.

Appellate Court Cautions Attorneys Against Disrespectful Attacks on Judges of Compensation

Civility has an essential role in the judicial process. All parties and the court are required to both understand and conform to the role of formal politeness and courtesy in behavior and speech in order to both maintain decorum and confidence in the judicial process.

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. 

Public Policy and Multi-Jurisdictional Claims

A NJ appellate court has ruled that public policy favors litigation in the State of New Jersey were there exists a dispute over multi-jurisdictional choice of law issues governing workers’ compensation insurance coverage in NJ.