Copyright
Sunday, February 26, 2017
The limits on a total permanent disability award
Saturday, December 14, 2019
Top NJ Workers' Compensation Decisions of 2019
Thursday, January 25, 2018
NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy
Wednesday, April 5, 2023
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.
Friday, July 3, 2015
NJ Senate Passes Workers' Compensation Collective Bargaining Legislation
Wednesday, May 13, 2020
NJ Supreme Court Holds Subrogation Conflict Does Not Exist Between Workers’ Compensation and the Auto Insurance Statute
Wednesday, May 6, 2015
Professor John F Burton Jr: Illinois Proposed Changes Are Obectionable
Professor John F. Burton Jr. |
Wednesday, March 21, 2012
Health Benefits, US Supreme Court and Workers Compensation
(Photo credit: Wikipedia)
On Monday, the US Supreme Court will hear oral arguments concerning the validity of the 2010 Patient Protection and Affordable Care Act. Whatever the US Supreme Court decides in the pending matters, the nation's patchwork of workers' compensation systems will ultimately feel the impact. The implementation of the Act will ultimately have far reaching consequences of the overall operation of both the delivery of workers' compensation medical benefits and the ultimate assessment/apportionment of permanent disability.
Workers' Compensation systems have been struggling with the delivery of medical benefits. As more cases are denied initial compensability determinations, and alterate medical care is sought for the prevention, identification and treatment of underlying, co-existing and pre-existing medical conditions will be even more significant issues in workers' compensation matters.
Thompson-Reuters News & Insight identifies some of the issues the US Supreme Court will consider:
"* Adult children remaining on their parents' insurance coverage through the age of 26.
* An end to lifetime limits on the dollar value of benefits available to people with serious medical conditions that can lead to astronomical treatment costs.
* Preventive healthcare benefits including free coverage for mammograms and birth control.
* For Medicare beneficiaries stuck in the prescription drug benefit coverage gap known as the "doughnut hole," a 50 percent discount on covered brand name drugs and 14 percent savings on generic drugs.
* A requirement that insurance companies justify unreasonably large healthcare premium increases.
* Tax credits for small employers with no more than 25 employees and average annual wages of less than $50,000 that provide health insurance for employees.
* Temporary insurance coverage programs for retirees who are over age 55 but not eligible for Medicare.
* Temporary insurance coverage for individuals with pre-existing medical conditions who have been uninsured for at least six months.
* A requirement that health plans report the proportion of premium dollars spent on clinical services, quality, and other costs, and provide rebates to consumers if the share of the premium spent on clinical services and quality is less than 85 percent in the large group market and 80 percent in the individual and small group markets.
National Federation of Independent Business v. Sebelius, No. 11-393; U.S. Department of Health and Human Services v. Florida, No. 11-398; and Florida v. Department of Health and Human Services, No. 11-400
Related articles
- Workers Compensation: The Next Wave From California (workers-compensation.blogspot.com)
- Workers' Compensation: Are Second Injury Funds Going to be History Soon? (workers-compensation.blogspot.com)
- The Religious Opt-Out Scheme: A New Approach to Eliminate Workers' Compensation (workers-compensation.blogspot.com)
- Workers Compensation Is Quietly Under Attack in America (workers-compensation.blogspot.com)
- Workers Compensation Fails to Cover Most Occupational Disease Claims (workers-compensation.blogspot.com)
- Who Is a Child? The Supreme Court Decides (healthland.time.com)
Sunday, October 20, 2013
Where is the Deep Water?
Workers' Compensation was designed as a summary and expeditious system paying injured workers who suffer an injury or illness at work. The benefits of treatment and temporary disability benefits are triggered by the event or manifestation of injury, and should flow quickly to the injured worker without a long, burdensome, and litigious process.
The payment of major medical benefits by an employer, in the past, under The Sheffield Doctrine, has been considered to act as an estoppel, barring the denial of the compensation claim. The NJ Legislature modified its Workers' Compensation Act several decades ago, and allowed for the payment of medical benefits, without prejudice. The consequence is that the injured worker is lulled into a sense of false security relying upon the implied acceptance of compensability. Albeit, the payment extends the statute of limitation for filing a formal claim.
The Court's dismissal, in the Greene matter, barring the assertion of the lien by the workers' compensation insurance company, was reversed and the lien enforced from the liability award.
Interestingly, the Court did not note that the technique of ordinary settlement, by payment of unauthorized medical payments, and/or for waiver of the right to appeal, was a common practice before the legislative enactment of NJSA 34:15-20. AIG in this case chose to "have your cake and eat it too."
Historically, prior to the legislative enactment of lump sum payments, pursuant to NJSA 34:15-20, voluntary dismissals were utilized as vehicle to compromise dependency, and other claims, for settlement. In those instances, following the dismissal of the workers' compensation claim, the parties would enter into a settlement, albeit a fiction, to settlement of the right to appeal and a letter of payment would be exchanged and/or a Release would be executed. Any potential was extinguished.
Beside the increased necessity of reducing the dismissal terms to writing, and/or stipulation of dismissal, the issue is generated of far the insurance company can step into the deep water before it comes committed to a decision. The Legislature needs to revisit this issue, and redefine the timeline for irrevocable commitment of responsibility, otherwise the initial Legislative intent for an expeditious, remedial administrative system will be defeated.
KELLY GREENE v AIG CASUALTY COMPANY,
NJ App Div 2013 (Decided October 16, 2016) --- A.3d ----, 2013 WL 5629045 (N.J.Super.A.D.)
Related articles
- What a Government Default Will Do To Workers' Compensation (workers-compensation.blogspot.com)
- Study: Calif. workers compensation overhaul too new to parse (workers-compensation.blogspot.com)
- Tips and Poverty (workers-compensation.blogspot.com)
- New York Second in Nation for Questionable Workers' Compensation Claims (workers-compensation.blogspot.com)
- Workers compensation rates to decline in Oregon in 2014 (workers-compensation.blogspot.com)
- What Does That Stand For? Commonly Used Acronyms in Workers' Compensation Cases (workers-compensation.blogspot.com)
Monday, September 2, 2013
Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...
The Social Security Administration turns down many worthy applicants when they first apply.
Photo credit: Thomas Hawk / Foter.com
/ CC BY-NC
|
So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis.
Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security.
Saturday, June 6, 2009
Fixing The Broken Health Care System
In his weekly address to the nation The President said, "Simply put, the status quo is broken. We cannot continue this way. If we do nothing, everyone’s health care will be put in jeopardy. Within a decade, we’ll spend one dollar out of every five we earn on health care – and we’ll keep getting less for our money." Furthermore, "That’s why fixing what’s wrong with our health care system is no longer a luxury we hope to achieve – it’s a necessity we cannot postpone any longer."
The delivery of adequate medical benefits is a metastatic problem that goes to the very heart of the ability of the network of State workers' compensation system to operate. The costs of the delivery, co-ordination and administration of benefits continue to strangle the system into growing stagnation.
In a noble experiment the State of NJ, in response to critical reports, has proposed new regulations to establish an administrative system to expedite "emergent" medical benefits if an "irreparable harm" can be established. The irony is that the standard and requirement is so stringent, that imminent death does not even meet the standard.
The workers' compensation system was enacted in 1911, when the path was simple and short to provide medical care to "relieve and cure." The complexities that developed into the highway of benefits, has brought the major vehicle producers into bankruptcy, ie. Chrysler and General Motors. New vehicles will now need to be manufactured to meet the new needs of today and tomorrow.
It is time that Congress looks toward the workers' compensation system to develop a new vehicle to provide innovative approaches for a better medical delivery system for injured workers. A single medical care program that provides universal medical care would be a wise and appropriate route for America.
Monday, April 30, 2018
NJ Mandates Reporting of Medicare Conditional Payments
Friday, September 14, 2012
NJ Legislature to Discuss Workers Compensation Reforms
S-1630
Bateman/Oroho
Prohibits payment of temporary disability benefits to incarcerated individuals.
S-1898
O'Toole/Allen
Prohibits requirement to provide information for access to account on social networking website by employer.
S-1915
Sweeney/Whelan
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.
S-1916
Sweeney
A-2879
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications devices by institutions of higher education.
S-1926
Greenstein
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims. (Binding arbitration)
S-2022
Madden
A-2652 (1R)
Eustace/Singleton/Egan/
Benson/Coughlin
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims.
SCR-123
Scutari
Memorializes Congress and the President to enact the "Team USA Made in America Act of 2012."
A-2878 (1R)
Burzichelli/Greenwald/
Ramos/Conaway/Caride
Prohibits requirement to disclose user name, password, or other means for accessing account or service through electronic communications device by employers.
Read more about medical billing
Thursday, August 19, 2021
Rules Proposed to End NJ Pension Cost Shifting
The New Jersey Department of Labor and Workforce Development [DLWD] has proposed Rules that will adopt the recommendations of NJ State Comptroller. 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 deadline for written comments is October 15, 2021.
Tuesday, March 8, 2022
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.
Saturday, March 5, 2011
Vermont Universal Health Care to Embrace Workers Compensation
"(3) To the extent allowable under federal law, the Vermont health benefit exchange may offer health benefits to employees for injuries arising out of or in the course of employment in lieu of medical benefits provided pursuant to chapter 9 of Title 21 (workers’ compensation)."
"(c) If the Vermont health benefit exchange is required by the secretary of the U.S. Department of Health and Human Services to contract with more than one health insurer, the Vermont health benefit exchange shall determine the appropriate method to provide a unified, simplified claims administration, benefit management, and billing system for any health insurer offering a qualified health benefit plan. The Vermont health benefit exchange may offer this service to other health insurers, workers’ compensation insurers, employers, or other entities in order to simplify administrative requirements for health benefits."
Related articles
- Activists to Vermont Legislators: Enact Single Payer Now (health.change.org)
- From Doughnuts to Workers' Compensation Dollars (workers-compensation.blogspot.com)
- The RICO Consequences of Managing Health Care in Workers Compensation (workers-compensation.blogspot.com)
- Distracted Driving Workers Compensation Claim Draws Major Public Attention (workers-compensation.blogspot.com)
- Vermont Governor Sets Out to Lead U.S. to True Universal Coverage (huffingtonpost.com)
- The World Trade Center Health Program Expands The Path to Federalization
Tuesday, January 30, 2024
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.
Wednesday, July 31, 2019
Governor Murphy Signs Legislation to Dramatically Reform New Jersey's Medical Marijuana Program, Expand Patient Access
Saturday, May 10, 2008
Cost of Medical Benefits Continue to Soar in Workers Compensation
What is significant is that medical now comprises 59% of the benefit dollar reflected in 2007 projections. The total indemnity in 2007 amounts to only 41% of the benefit dollar. In 1997 medical comprise 53% of the benefit dollar and in 1987. It comprised only 46% of the benefit dollar. This is a significant increase in a critical trend in the payment of workers' compensation benefits.
Workers compensation medical cost trends reflect a 6% increase in 2007. While this change is lower than the increase of 2006 which was 8.6%. The overall expenditures are increasing. Medical severity remains growing at a faster rate than the medical cost per loss-time claim. In 2007 while growth was at 6%., the medical CPI was only 4.4%.
Employer costs in workers' compensation have decreased to a projected 1.8% of the total cost in 2007 significantly down from the 2.2% reported in 1997. However, when combined, both the health insurance and workers' compensation programs, the employer' s costs continue to rise very significantly. Health insurance in 2007 amounted to 7.1% of the cost to employers for employee compensation while. In 1997 there were only 5.5%.
“Given the positive 2007 results, our short-term view of the market is optimistic,” added NCCI Chief Actuary Dennis Mealy. “However, our long-term outlook is cautionary due to the myriad of uncertainties that continue to face the business.”Looking at an overview, when both benefit programs are combine, the statistics reflect a significant rise from the 7.7% in 1997 to the 8.9% in 2007. This trend, if continued, will probably result in consolidation of both benefit programs, and elimination of administrative and litigation costs, through use of a single-payer system.