Occupational Exposure to Monkeypox

A recent report published by the US Centers for Disease Control and Prevention [CDC] provides evidence supporting the hypothesis that both health care workers’ [HCW] infections observed in this study were transmitted through fomite exposure with surfaces in the patient’s home, their own PPE, or outer surfaces of the specimen transport box. 

New Fee Rules for Obtaining Medical Records

A new law has been enacted that amends the current law concerning the fees that may be charged for copies of medical and billing records by hospitals and by health care professionals licensed by the Board of Medical Examiners. Obtaining medical records in Workers’ Compensation actions is a standard claim and litigation procedure.

Temporary Workers Bill of Rights Passed by NJ Assembly

The New Jersey State Assembly concurred with Governor Pat Murphy's recommendations contained in his conditional veto of the temporary workers’ bill of rights bill. A1474 . The revised legislation was passed by the Assembly in a 41-20-3 vote. It was received in the NJ Senate and listed for a 2nd reading and concurrence. 

NJ CRIB Submits Rate Decrease for 2023

The NJ Compensation and Rating Bureau (NJCRIB) submitted a filing to the Department of Banking and Insurance seeking a 4.7% decrease in the overall premium and rate level effective January 1, 2023. 

Historic $7.75M Settlement of NJ Child Labor Law Violations with Chipotle Mexican Grill

New Jersey Department of Labor and Workforce Development (NJDOL) Commissioner Robert Asaro-Angelo and Attorney General Matt Platkin announced today that they have reached an agreement with Chipotle Mexican Grill to resolve alleged widespread and persistent violations of the state’s child labor laws. Under today’s groundbreaking settlement with NJDOL, the popular fast-food restaurant chain will pay $7.75 million, and has agreed to a far-reaching compliance plan for its 85 New Jersey locations aimed at putting an end to these practices.

New Jersey Cannabis Regulatory Commission issues guidance for workplaces

The New Jersey Cannabis Regulatory Commission has issued guidance for workplaces as a first step toward formulating and approving standards for Workplace Impairment Recognition Expert certifications.

Establishing Causal Relationship: Long COVID Biomarkers

Identifiable biomarkers may provide objective evidence in proving a Long COVID claim. A recent report highlights developments in identifying the risk of Long COVID through immune profiling.

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Uber Pays $100M Fine in NJ Driver Misclassification Case

Uber Technologies Inc. and a subsidiary have submitted a $100 million payment to the New Jersey Department of Labor and Workforce Development’s (NJDOL’s) Unemployment Trust Fund after an audit found the ride-share companies improperly classified hundreds of thousands of drivers as independent contractors, depriving them of crucial safety-net benefits such as unemployment, temporary disability, and family leave insurance, and failed to make required contributions toward unemployment, temporary disability, and workforce development.

CMS Expands Options for Defense Submissions for CRCP

Commercial Repayment Center Portal (CRCP) Defense Submission Frequently Asked Questions

Recently a change was made to the portal that allows CRCP users to associate defenses to the individual claims included in recovery demands. This more granular response to demands, where Group Health Plans (GHPs) specify the basis of defense submissions, allows for more efficient and accurate reviews of the submitted defenses. What follows are answers to frequently asked questions received by the Commercial Repayment Center (CRC) in regard to this change. Additional details on the functionality are available in Version 3.2 of the CRCP User Guide, which is available in the “Reference Materials” section of the CRCP.

Dual Employment and the Proposed NLRB Joint-Employer Standard

Workers’ compensation claims may be pursued against two companies if there is found to be joint employment. While case law defines employment status, the US National Labor Relations Board has issued a proposed Rule to substantiate a dual employer status.

NJ Workers’ Compensation Benefit Rates Increase in 2023

The New Jersey Department of Labor and Workforce Development (NJDOL) announced increases in the maximum benefit rates for Workers’ Compensation for the calendar year 2023. 

Top 10 Workplace Safety and Health Violations

The following is a list of the top 10 most frequently cited standards following inspections of worksites by federal OSHA for all industries. OSHA publishes the list to alert employers about these commonly cited standards so they can take steps to find and fix recognized hazards addressed in these and other standards before OSHA shows up. Far too many preventable injuries, illnesses, and deaths occur in the workplace that are related to these top 10 cited standards.

Use of Opioid Settlement Funds in NJ

As part of the Murphy Administration’s ongoing efforts to help New Jerseyans impacted by the opioid crisis, and in recognition of Overdose Awareness Day, Governor Phil Murphy announced additional steps the Administration is taking in New Jersey. Through a new online portal and Executive Order No. 305, the Governor has established two methods through which members of the public and relevant stakeholders can provide their input on the best use of the opioid settlement funds that New Jersey is receiving.

Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS

On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).

NJ Workers at Risk Now for West Nile Virus

New Jersey workers again are now at risk for West Nile Virus. The warnings of the mosquito-borne illness are an alert for New Jersey workers to take adequate precautions against this infectious disease.The New Jersey Department of Health has confirmed the state’s first human cases of West Nile Virus (WNV) this year.

NJ Sues Several Companies for Environmental Pollution

Acting Attorney General Matthew J. Platkin and Commissioner of Environmental Protection (DEP) Shawn M. LaTourette announced today the filing of seven new environmental enforcement actions across the state.

Monkeypox in the Workplace

Monkeypox is not merely a sexual or geographic disease it is an infectious disease that can cause many workers to be exposed. It is a contagious disease that is transmitted by body contact. Infectious diseases are compensable under most workers’ compensation acts.

Household Contact COVID Case Status in California Supreme Court

The defense brief has now been submitted to California Supreme Court for review on the question of whether the workers’ compensation act does bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, Rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

US DOT Bill of Rights for Passengers with Disabilities

In its ongoing work to protect airline passengers, USDOT moves forward with pro-consumer actions.