The Exclusivity Rule Does Not Bar Claims of a Minor

A minor may elect to file a negligence action against an employer and not be prohibited by the Exclusivity Rule that typically bars employee claims against their employers.

Judge Erred in Finding a Conflict in Representation

Ameribuilt Contractors appealed the workers' compensation judge's February 1, 2022 order rejecting a proposed settlement and disqualifying its assigned insurance counsel, Brown & Connery, LLP (B&C), on the basis of a perceived conflict between Ameribuilt's workers' compensation carrier, Travelers Property Casualty Insurance Co. (Travelers), and Travelers' ostensible insured, respondent Robert Alam. The court concluded that the judge erred in finding that a conflict existed and, thus, there was no basis for the disqualification. Accordingly, the court is constrained to reverse.

Time to Boot Up a Computer Held to be Working

The Ninth Circuit Court of Appeals reversed the district court’s summary judgment in favor of defendant Customer Connexx LLC and remanded for further proceedings in a collective action brought under the Fair Labor Standards Act by call center workers.

Paterson NJ Employers Face $518K in OSHA Fines

The U.S. Department of Labor has issued citations to three New Jersey contractors who willfully exposed employees to potentially lethal dangers by allowing them to work near energized power lines at a Paterson worksite.

NJ Issues Stop-Work Orders for Lack of Workers’ Compensation Insurance

Enforce continues at a rapid pace in New Jersey for failure to comply with the state’s labor laws. The New Jersey Department of Labor and Workforce Development (NJDOL) issued stop-work orders to contractor HESP Solar L.L.C. of Montvale and subcontractor Patriot Iron Works of Gaithersburg, Maryland, who were working on a project at Belleville High School.

New Fee Rules for Obtaining Medical Records

A new law has been enacted that amends the current law concerning the fees that may be charged for copies of medical and billing records by hospitals and by health care professionals licensed by the Board of Medical Examiners. Obtaining medical records in Workers’ Compensation actions is a standard claim and litigation procedure.

Monkeypox in the Workplace

Monkeypox is not merely a sexual or geographic disease it is an infectious disease that can cause many workers to be exposed. It is a contagious disease that is transmitted by body contact. Infectious diseases are compensable under most workers’ compensation acts.

NJDOL Uses Expanded Powers to Stop Worker Exploitation at Job Sites

In the three years since Governor Murphy signed a law expanding NJDOL’s powers to stop work on a job site when there is strong evidence workers are being exploited, the department has issued 71 stop-work orders, through which agents found nearly $1 million in back wages owed to 235 workers. 

Burn Pit Legislation Signed into Law

President Biden signed legislation that will provide medical benefits from the Veterans Administration to service members exposed to toxic burn pits while deployed overseas in recent conflicts. The President signed the Sargent First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. It embodies some of the goals we strived to achieve in the decades-long burn pit litigation project.

EPA Launches Community Engagement Efforts on New Ethylene Oxide Risk Information

The US Environmental Protection Agency (EPA) just announced its plans to engage and inform communities, states, Tribes, Territories, and stakeholders about up-to-date information on the risks posed by air emissions of ethylene oxide (EtO) from commercial sterilizers, as well as EPA’s efforts to address these risks. EPA is releasing new information on specific facilities where lifetime risk levels are the highest to people who live nearby and is encouraging impacted communities to participate in a series of public engagements to learn more. Later this year, EPA expects to propose an air pollution regulation to protect public health by addressing EtO emissions at commercial sterilizers.

Republican Senators Block Final Passage of The Bipartisan Toxic Exposure Bill That Would Assist Veterans

In a stunning reversal the much-anticipated legislation that would aid veterans exposed to toxic burn pits, and water contamination at Camp Lejune and other war sites was blocked by a unified group of 25 Republican Senators. The widely bipartisan Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 previously passed the senate 84-14.

The EEOC Restricts COVID Testing by Employers

Testing is one of the most important layers of protection that employers and employees have against COVID-19. The US Equal Opportunity Commission [EEOC] has now placed a restriction on COVID testing for employers limiting to only where there is defined “business necessity.” 

Possible Blood Bio-Marker Identified for Long COVID

Establishing a causal relationship in Long COVID may be established by a potential blood bio-marker according to a recently published study.

NJ Supreme Court Enhances Workplace Safety and Adopts an Updated Standard for Medical Causation

A divided NJ Supreme Court upheld a verdict for an employee who suffered mesothelioma, a fatal cancer, as a result of a product manufacturer’s failure to warn of the lethal nature of the product in the workplace. The Court acknowledged that even minor exposure to asbestos could cause disease.

OSHA reminds fireworks/pyrotechnics industry to put worker safety first in advance of July 4 celebration

As Independence Day approaches, the Occupational Safety and Health Administration urges employers in the fireworks and pyrotechnics industry to be vigilant and protect workers from hazards while manufacturing, storing, transporting, displaying, and selling fireworks for public events.

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.

"Unmasking COVID" in 2022, Where Are We Now?

A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response discuss strategies to contain the spread of the Omicron variant and stay safe.

Jury awards $650K in damages for Massachusetts contractor’s unlawful retaliation against injured immigrant worker

A federal jury in the District of Massachusetts has found that a Massachusetts employer and his company retaliated against an employee who reported an on-the-job injury. The jury awarded $650,000 in damages – $600,000 in punitive damages and $50,000 in compensatory damages – as a result.

California Supreme Court Agrees to Review COVID Take Home Liability Case

The California Supreme Court has accepted for review the question of whether the workers’ compensation act bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

US Supreme Declines to Review Medical Marijuana Reimbursement Issue

The US Supreme Court (SCOTUS) declined to review 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 was denied today.  Musta v. Mendota Heights Dental Center, et al., No. 21-998. Therefore, the individual States will remain the authority on whether reimbursement for medical marijuana will be permitted in a workers' compensation claim.