COVID-19 Public Health Emergency Lifted - Terminating The Rebuttable Presumption

At his final COVID-19 press briefing, NJ Governor Phil Murphy announced the signing of Executive Order No. 292, which lifts the COVID-19 Public Health Emergency. The order effectively ends the liberalized span of time that established a rebuttable presumption in favor of the employee as to the causal relationship between employment and COVID-19 on March 7, 2022.

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. 

Order: Workers' Compensation Law 2022 Update

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

Another Hurdle to Prove an Occupational Disease Claim

An attempt to restrict the admission of scientific evidence has been proposed on the Federal level. Even though states have maintained their independence for the most part on this issue, the suggested changes signal an emerging national effort to restrict further the admissibility of scientific evidence that may trickle down to the state judicial systems.

Governor Murphy Reinstates Public Health Emergency Triggering Presumptions of Compensability

Governor Phil Murphy today reinstated a Public Health Emergency, effective immediately, in order to ensure that the State is able to respond to the continued threat of COVID-19 and the rapidly spreading Omicron variant. The declaration of a public health emergency by statute triggers the workers’ compensation compensability presumptions for essential workers.

Innovation is Necessary to Meet the Challenge of COVID in 2022

COVID is the most extensive occupational exposure event in the history of the United States. Workplaces are now primed for a massive wave of compensation claims due to the Omicron variant. A recent study provides a potential opportunity for employers and insurance companies to reduce their risk exposure through early sequencing and treatment proactively.

Household Contacts can sue an employer for harm caused by COVID

The longstanding principle that household contacts of an employee can sue an employer for harm has been upheld in a California claim. An employee who brought home the COVID virus and infected a household member, in this case, death, was the basis of a direct case by the deceased family member’s estate against the employer.

OMG, Omicron!

A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response discuss strategies to contain the spread of the Omicron variant and stay safe.

Workers’ Compensation Benefits for Long COVID

Workers’ Compensation Benefits are available for those workers who have been exposed to COVID at work and contract disease and remain ill from Long COVID. 

Is the Workers' Compensation System Prepared for Omicron (Updated 12/10/21)

As this holiday season approaches, employers, insurance companies, and employees will be facing what may be the biggest COVID challenges of the year. The highly infectious disease variant Omicron detected initially in South Africa is spreading worldwide, including reported cases in the US.

NY AG Seeks Emergency Relief to Protect Rights and Safety of Amazon Workers

New York Attorney General Letitia James today filed a motion to seek a preliminary injunction to force Amazon to immediately address health and safety concerns at its warehouses that are threatening workers. Her efforts to protect workers during the coronavirus disease 2019 (COVID-19) pandemic continue. 

Amazon Settles with California Over Concealment of COVID Data From Warehouse Workers COVID-19

Historically workers have been denied adequate occupational exposure information, which has led to epidemics of disease/death and lawsuit, including workers' compensation claims. Exposure to the SARS-CoV-2 (Coronavirus) virus has been no exception.

Biden Administration Targets Occupational Exposure to PFAS

The Biden-Harris Administration announced accelerated efforts to protect American workers from per- and polyfluoroalkyl substances (PFAS), which can cause severe health problems and persist in the environment once released, posing a severe threat across rural, suburban, and urban areas. 

Across Two Separate Settlements, EPA Commits to Expedite and Strengthen Asbestos Risk Reevaluation Under TSCA

The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure, announced it had reached two landmark legal settlements with the Environmental Protection Agency (EPA) that strengthen and broaden its work to evaluate the health risks of asbestos under the Toxic Substances Control Act (TSCA). 

COVID Boosters: What Employees and Employers Need to Know

Many employers and state governments are mandating that employees be vaccinated against COVID. Confusion remains over the rapidly changing landscape of booster doses as reports of waning or compromised immunity even though a worker is considered “fully vaccinated” when the original series of doses are completed. 

CDC Approves Pfizer Booster Dose for those at increased risk for COVID-19 exposure and transmission because of occupational settings

CDC Director Rochelle P. Walensky, M.D., M.P.H., endorsed the CDC Advisory Committee on Immunization Practices' (ACIP) recommendation for a booster shot of the Pfizer-BioNTech COVID-19 vaccine in specific populations and also recommended a booster dose for those in high risk occupational and institutional settings.

Investing for the Next Pandemic

Preparing for the next pandemic is an essential need for all employers, employees, and insurance companies.  The failure of the public health system to handle COVID-19 is evident as the death toll (675,400) fatalities) has now exceeded the 1918 Spanish Flu mortality rate.  The US CDC is encouraging preparation by announcing the opportunity for final investment. It is also incumbent upon the workers’ compensation industry to expand its efforts for pandemic preparation  

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.

OSHA issues updated guidance on protecting unvaccinated and other at-risk workers from the coronavirus

U.S. Department of Labor's Occupational Safety and Health Administration today issued updated guidance to help employers protect workers from the coronavirus. The updated guidance reflects developments in science and data, including the Centers for Disease Control and Prevention's updated COVID-19 guidance issued July 27.

NJ Announces Indoor Mask Requirement for Beginning of 2021-2022 School Year

Joined by educators, medical professionals, parents, and school administrators, NJ Governor Phil Murphy today announced that all students, educators, staff, and visitors will be required to wear face masks indoors for the start of the 2021-2022 school year. The Governor signed Executive Order (EO) 251, which will mandate masking in the indoor premises of all public, private, and parochial preschool, elementary, and secondary school buildings, with limited exceptions. The EO is effective on Monday, August 9, 2021.