Attorney General Matthew J. Platkin and New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo announced today that they have filed the first lawsuit under a 2021 law that permits the State to file suit in New Jersey Superior Court against employers who have misclassified workers as independent contractors when they are, in fact, employees.
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Wednesday, December 13, 2023
Sunday, December 10, 2023
Analysis of the OSHA Report on Severe Injury: A Seven-Year Lookback
The Occupational Safety and Health Administration (OSHA) published the "Severe Injury Report: A Seven-Year Lookback" summarizing employer-reported inpatient hospitalizations, amputations, and eye losses from 2015 to 2021. This report provides valuable insights into the prevalence and nature of severe workplace injuries, helping identify areas for improvement in workplace safety.
Thursday, December 7, 2023
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.
Friday, December 1, 2023
Arrowood Indemnity Company In Liquidation
On November 8, 2023, Arrowood Indemnity Company, a Delaware domestic property and casualty insurance company (“Arrowood”) was ordered liquidated by the Court of Chancery of the State of Delaware (the “Court”).
Friday, November 24, 2023
An Artificial Intelligence Certification
Since the public introduction of ChatGPT, the legal community has been attempting to co-evolve with Artificial Intelligence [AI]. AI's major limitation is the fear that this disruptive technology is producing unreliable results.
Wednesday, November 22, 2023
NJ Supreme Court Defines The Authorized Vehicle Rule
The NJ Supreme Court, in a unanimous decision, held that an employee’s car accident occurred “in the course of employment” under N.J.S.A. 34:15-36’s “authorized vehicle rule” and is therefore compensable under the Workers’ Compensation Act (the Act).
Sunday, November 19, 2023
CMS Publishes the Final Rule for MSP Civil Penalties
The Centers for Medicare and Medicaid Services [CMS] has published a final rule specifying how and when CMS must calculate and impose civil money penalties [CMPs] when non-group health plan [NGHP] responsible reporting entities [RRE] fail to meet their Medicare secondary payer [MSP] reporting obligations. NGHP includes workers’ compensation claims. The final rule also establishes CMP amounts and the circumstances under which CMPs will
not or will not be imposed. The effective date of this final rule is December 11, 2023.
Saturday, November 18, 2023
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.
Wednesday, November 8, 2023
Toxic Flight Attendant Uniforms Result in a $1.1 Million Verdict
Wearing an employer-designated work uniform shouldn’t result in severe and debilitating occupational exposures. Unfortunately, some American Airlines flight attendants suffered injuries from wearing the flight uniforms prescribed by their employer. The lawsuit that they filed lawsuit resulted in a $1.1 Million award.
Wednesday, November 1, 2023
The Essentials of Trial Preparation
Proper trial preparation is the key to a successful Worker's Compensation claim outcome. A recent NJ Appellate Division opinion emphasizes the importance of appealable issues and having the necessary evidence available.
Thursday, October 26, 2023
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.
Friday, October 20, 2023
New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim
In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.
Monday, October 16, 2023
Wayne NJ Contractor Fined $180K for Exposing Workers to Energized Power Lines
The U.S. Department of Labor has entered into a settlement agreement with a New Jersey building contractor who allowed their subcontractors' employees to work in close proximity to high-voltage power lines at a Paterson work site in 2021 and 2022.
Wednesday, October 11, 2023
NJCRIB Submits Request for 3.9% Decrease in Premium Rate
The New Jersey Compensation Rating and Inspection Bureau [NJCRIB] has submitted to the NJ Department of Banking and Insurance a request for a 3.9% decrease in the overall workers' compensation premium and rate level effective January 1, 2014.
Friday, September 29, 2023
Impacts of a Governmental Shutdown
The effects of a government shutdown on state workers' compensation systems and their integration with Social Security will vary depending on the specific circumstances of each state. However, some general trends can be expected.
Saturday, September 23, 2023
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 FrĂ©quences [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.”
Thursday, September 7, 2023
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.
Wednesday, September 6, 2023
New Jersey Compensation Rates Will Increase 2.9% in 2024
The 2024 workers' compensation payment rates were published in a Rule proposal [ N.J.A.C.12:235-1.6] on 9/5/23 in the NJ Reporter, 55 N.J.R. 1870(a). The rates will increase by 2.9 percent over the present 2023 rates of compensation.
Tuesday, September 5, 2023
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.
Friday, September 1, 2023
Water Breaks for Construction Workers
A Texas judge has blocked a new state law prohibiting local governments from requiring water breaks for construction workers. House Bill 2127 law was set to effect on Friday, September 1, 2023.