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. 

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. 

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.

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.

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.

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.

The Toxic Legacy of Ford Motor Company

The State of New Jersey is suing Ford Motor Company [FMC] for environmental pollution due to dumping its toxic waste in Ringwood, New Jersey. FMC operated a huge assembly plant in Mahwah, New Jersey, from 1955 through June 1980. 

Is Medicare-For-All a Prescription for Infectious Diseases in the Workplace?

The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits. 

COVID-19 on the Brain: Neurological Symptoms Persist in Majority of Long-Haulers

A new study offers scientific evidence supporting permanent neurological disability flowing from an occupational COVID-19 condition. Researchers at University of California San Diego School of Medicine are conducting a longitudinal study to track neurological symptoms in COVID-19 “long-haulers.”

The Honorable Maria Del Valle-Koch Appointed the New Chief Judge and Director

The Honorable Maria Del Valle-Koch will be the New Chief Judge and Director effective Monday, June 6, 2022. Outgoing Chief Judge and Director Russell Wojenko, Jr. announced Friday that Robert Asaro-Angelo, Commissioner of NJ Labor and Workforce Development, had made the appointment.

Penalties for Delay in Payment Excessive

Waiting for timely payment of a workers’ compensation award can sometimes be a frustrating experience for an injured worker. The penalties assessed for the delay in paying a workers’ compensation award were an issue of first impression reviewed by the NJ Appellate Division.

Rules Adopted to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] adopted Rules embracing the recommendations of  NJ State Comptroller concerning NJ State Pensions. A February 2021 investigative report by the NJ State Comptroller raised critical issues common to other state and national collateral social insurance programs challenged by current fiscal limitations. The rules are effective as of March 7, 2022.  54 N.J.R.448(a). The Rules were adopted without change and have retroactive application.

Legislation Would Improve Access To Resources And Education For People Living With Long COVID

Long-COVID, Post Acute COVID Syndrome. [PASC] is a compensable illness that many workers now suffer from and seek workers’ compensation benefits. The medical condition affects approximately one-third of those who have contracted COVID. It is a  costly and incapacitating condition that lingers long after the acute stage of SARS-CoV-2 passes. 

President Biden Supports Burn Pits Exposure Benefits for Veterans

Veterans who suffer from medical conditions following exposure to toxic burn pit hazards and chemicals received support from President Biden last night. President's State of the Union Address included strong presidential support for health care benefits and wartime disability compensation. A burn pit is used to burn solid waste in open-air without equipment.

NJ Division of Workers' Compensation to Go Forward With In-Person Hearings

The New Jersey Division of Workers' Compensation [DWC] has announced that it will go forward with in-person hearings effective March seven 2022.