Long COVID-Related Illness is a Significant Cause of Death

Long COVID-Related deaths are statistically significant and will be reflected in an increase in workers' compensation dependency awards. More Than 3,500 Americans Have Died from Long COVID-Related Illness in the First 30 Months of the Pandemic. 

OSHA Cites Oakland NJ Company with $257,931 in Penalties

A U.S. Department of Labor inspection in June 2023 at an Oakland, NJ manufacturing company — that followed reports of two workers being injured — found employees exposed to dozens of serious safety and health hazards.

Time to Review Cybersecurity

As the year is winding down for law firms, it would be a good time to review their cybersecurity protocols. A major threat is ransomware attacks. 

Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

NJ Rates to Rise in 2024

New Jersey is set to become one of a handful of states with a minimum wage of at least $15/hour on January 1, 2024 when the rate increases to $15.13/hour, surpassing the goal set by Governor Murphy and the Legislature in 2019. 

NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2022

There were 5,486 fatal work injuries recorded in the United States in 2022, a 5.7-percent increase from 5,190 in 2021, the U.S. Bureau of Labor Statistics reported today. The fatal work injury rate was 3.7 fatalities per 100,000 full-time equivalent (FTE) workers, up from 3.6 per 100,000 FTE in 2021.  These data are from the Census of Fatal Occupational Injuries (CFOI).

TSCA Update

The U.S. Environmental Protection Agency (EPA) announced that it is beginning the process of prioritizing five additional toxic chemicals for risk evaluation under the nation’s premier chemical safety law. If, during the 12-month-long statutory process, the EPA designates these five chemicals as high-priority substances, the EPA will then begin risk evaluations for these chemicals. 

Voluntary Departure

A student attending college and working full time was permitted temporary disability benefits despite the alleged defense of "Voluntary Departure" from the workforce. The court's decision is unsurprising since that terminology is absent from the Workers’ Compensation Act.

Not an Exception

In most instances, the sole remedy for a worker injured at work is Workers’ Compensation Act [WCA] benefits. Even if the employer fails to obtain workers’ compensation insurance, the employee remains limited to those remedies provided under the WCA.

Shameless

The New Jersey Department of Labor and Workforce Development (NJDOL) has posted the names of 14 additional businesses to its Workplace Accountability in Labor List (aka The WALL), bringing to 82 the total number of delinquent employers with outstanding liabilities for violations of state wage, benefit or tax laws.

Misclassification Lawsuit Filed by NJ Attorney General

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.

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.

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.

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”).

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.

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).

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.

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.

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.

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.