Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

Lawsuit Proceeds Against Amazon For Scheme to Obstruct a Workers’ Compensation Claim

An injured Amazon fulfillment center worker brought an action against Amazon.com Service LLC [AMAZON] for acts of its Third-Party Administration (TPA), Sedgwick CMA-Philadelphia [SEDGWICK], among other allegations, in interfering with the authorized workers’ compensation physician. The claim arose from a December 2019 knee accident the worker sustained at the AMAZON warehouse. 

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.

Airline Ground Crew Fatalities Result in FFA Safety Alert

Recent fatal accidents at airports involving ground crew personnel drew the attention of The Federal Aviation Administration.

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. 

Amazon Cited by OSHA for NJ Warehouse Safety Violations

A federal workplace safety investigation has again found workers at an Amazon fulfillment center exposed to ergonomic hazards, this time at a Logan Township facility. 

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. 

President Biden Announces New Actions to Protect Workers from Extreme Heat

Millions of American workers are currently experiencing the effects of extreme heat, which is growing in intensity, frequency, and duration due to the climate crisis. President Biden requests the Department of Labor to issue Hazard Alerts for Heat and take other actions to protect workers from extreme heat. 

Medical Fees Increased and Expanded

 NJ Governor Murphy has signed legislation that establishes parity in workers’ compensation fees between evaluating physicians of claimants for a written opinion regarding the need for medical treatment or providing an estimation of permanent disability. 

State of New Jersey Failed to Address Deficiencies in $96 Million Workers’ Compensation Program

A report released today by the Office of the State Comptroller (OSC) finds that the agency that manages workers’ compensation claims filed by state employees failed to remedy deficiencies identified three years ago. As a result, the State faces a greater risk of preventable workplace injuries, spurious claims, and wasted tax dollars.

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. 

Plaintiff’s Third-Party Observers May Attend Defense Medical Examinations [DME]

A Defense Medical Examination [DME] is an adversarial proceeding. The NJ Supreme Court has ruled that a trial judge should review any objections made by the defense counsel to prohibit the attendance of a neutral third-party observer [TPO]. While the case arises from a personal injury claim, the Court’s ruling will have applicability to matters before the N.J. Division of Workers’ Compensation [NJDWC]. The NJDWC has not yet promulgated any rules concerning TPOs at DMEs.

Defining Disability in the Era of COVID

The definition of “disability” can be complicated in various occupational statutes. In a Law Against Discrimination [LAD] N.J.S.A. 10:5-1 to -50 claim alleging the “perception of COVID” as a disability, the NJ Appellate Court declined to accept the plaintiff's claim. Guzman v. M. Teixeira International, Inc., NJ: Appellate Div. 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.

The case for increased counsel fees

Long overdue legislation has been introduced in the NJ Assembly to increase workers' compensation counsel's fees for petitioner's/claimant's attorneys. The workers' compensation law field has historically been considered a legal specialty that needs to be improved in the quality of representation available to injured workers. It has hindered the ability of injured workers to seek adequate recoveries in the administrative law system.

Available Workers' Compensation Law 2023 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.

Counsel Fee of $123,415 Deemed Excessive by the Appellate Division

The NJ Appellate Court reversed and remanded a claim where the Judge of Compensation awarded a counsel fee to the claimant’s attorney $123,415. The reviewing tribunal deemed the fees based on a permanency award, a motion for medical and temporary benefits, and a motion for enforcement inconsistent with the reasonable method in determining fees.

Federal Employees May File a Claim for Work-Related COVID-19

The American Rescue Plan Act of 2021, which President Biden signed on March 11, 2021, makes it much easier for federal workers diagnosed with COVID-19 to establish coverage under the Federal Employees’ Compensation Act. To establish a COVID-19 claim, you simply need to establish that you are a “covered employee,” meaning that:

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.