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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts sorted by date for query second injury fund. Sort by relevance Show all posts
Showing posts sorted by date for query second injury fund. Sort by relevance Show all posts

Thursday, February 8, 2024

Tuesday, June 20, 2023

Another Class of Benefits Proposed for Workers’ Compensation

The NJ Legislature is considering expanding the multitiered program to compensate the victims of industrial illness. This time a supplemental benefit program is being offered to compensate healthcare workers who contracted COVID-19.

Saturday, June 4, 2022

Penalties for Delay in Payment Excessive

Waiting for timely payment of a workers’ compensation award can sometimes be a frustrating experience for an injured worker. The penalties assessed for the delay in paying a workers’ compensation award were an issue of first impression reviewed by the NJ Appellate Division.

Sunday, November 21, 2021

Tuesday, June 22, 2021

NJ Court Upholds Bar on Implementing Triennial Determination

Disability Benefits before age 62 are not entitled to a COLA (Cost of Linving) increase in benefits, a “triennial determination.” The Court reasoned that the 1980 NJ statute allowing for a “reverse offset,” one in which the employer takes the Social Security Disability Offset, also permits NJ law to pre-empt Federal law that mandates such a recalculation. 

Wednesday, June 16, 2021

NJ Judges of Compensation Seek Return to State Pension System

The legislation now pending before the NJ Assembly would permit reinstatement of NJ Judges of Workers Compensation into the state pension system (A1032 3R). A similar bill has already passed the NJ Senate (S758 3R) on February 19, 2021 (29-5-5).

Sunday, June 6, 2021

Saturday, June 5, 2021

Neurological symptoms like fatigue common in mild COVID

Neurological and psychiatric symptoms such as fatigue and depression are common among people with Covid-19 and maybe just as likely in people with mild cases, according to a new review study led by a UCL researcher.

Friday, June 4, 2021

NJ Governor Murphy Signs Legislation and Executive Order Ending COVID-19 Public Health Emergency

With all COVID-19 capacity restrictions on businesses and gathering limits having been lifted due to the continued improvement of New Jersey’s public health metrics, Governor Phil Murphy today signed legislation (A5820/S3866) enabling the end of the COVID-19 Public Health Emergency that has been in place since March 9, 2020. Immediately following the signing of the legislation, Governor Murphy signed Executive Order No. 244, ending the COVID-19 Public Health Emergency. Under the legislation, the majority of executive orders issued pursuant to the Public Health Emergency will expire 30 days from today.

Thursday, June 3, 2021

Tuesday, June 1, 2021

Court Rejects Roundup Settlement

The proposed class action settlement in the Bayer Roundup Products Liability Litigation has been rejected by a Federal District Court overseeing the Multi District Litigation (MDL). The Court concluded that the potential future claims group, those who have not yet been diagnosed with Non-Hodgins Lymphoma (NHL) but used Roundup before February 2021, was unreasonable. Bayer purchased Roundup from Monsanto.

Sunday, May 30, 2021

CMS Webinar on the PAID Act

To implement the  Provide Accurate Information Directly (PAID) Act*, enacted December. 11, 2020 the Centers for Medicare and Medicaid Services has scheduled a webinar. The program will stream on Wednesday, June 21, 2021.

Death by Overwork

The consequences of working too much can have fatal consequences. The COVID-19 pandemic has accelerated this trend by extending work hours through remote work and eliminating time-off, including vacations. The toll on the American workforce is devastating, and the consequences on the entire workers’ compensation system are enormous. 

Saturday, May 29, 2021

NJ Senate to Vote on Employment Bill

Workers in NJ who are injured at work do not have protected job status. Typically, employers will fill their positions with a replacement just because they are “absent" from work.

The NJ Senate will vote vote on S2998 on June 3, 2021. This bill addressed that issue and requires any employer who has 50 or more employees to provide a hiring preference to an employee who was injured in a work- related injury, has reached maximum medical improvement, and cannot return to the employee’s former position with that employer. The employer is only required to provide the hiring preference if the employee can perform the essential duties of an existing, unfilled position.


The bill does not require an employer to create a new position for the injured employee, nor does it require the employer to remove another employee from an existing but filled position to accommodate the injured employee.


The identical bill was approved by the NJ Assembly 76-0 on May 20. 2021. The NJ Senate SLA Committee reported the bill out favorably on 1/29/20 3-0.


Related Articles


NJ Governor Murphy Concerned About Economically Straining the Second Injury Fund 4/20/2021


US Supreme Court Will Not Review Air Ambulance Billing Issue 4/27/2021


NJ Governor Murphy Signs the Healthy Terminals Act 4/30/2021


OSHA: ETS and COVID-19 - CRS issues an updated report April 2021 05/05/2021


COVID-19: A lesson for the workers’ compensation industry 5/11/2021


Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Thursday, May 27, 2021

Remote Work No Longer Mandated in NJ

NJ Governor Phil Murphy today issued Executive Order No. 243, which rescinds the requirement in Executive Order No. 107 that businesses and non-profits accommodate telework arrangements for their workforce to the maximum extent practicable and reduce their on-site staff to the minimal number necessary for their operations.  Employers bringing employees back to the physical worksite must continue to follow all applicable portions of Executive Order No. 192, including notifying employees of on-site exposure and performing health screenings of employees entering the worksite. 

VA To Expand Medical Care for Burn Pit Claims

The Secretary of the US Veterans Administration announced today a major policy change regarding burn pit exposures.

Friday, May 21, 2021

NJ Announces Intention to End COVID-19 Public Health Emergency

As New Jersey continues to make progress in the fight against COVID-19 and with state metrics continuing to trend in the right direction, Governor Phil Murphy and his Administration have begun working with Senate President Sweeney and Assembly Speaker Coughlin on legislation that will end the COVID-19 Public Health Emergency in place since March 2020, while also ensuring that the Administration retains necessary tools to manage the ongoing threat to public health, as well as recovery and vaccination efforts.

Tuesday, April 20, 2021

NJ Governor Murphy Concerned About Economically Straining the Second Injury Fund

 NJ Governor Philip D. Murphy signed the COVID supplementary dependency bill (S2476 approved 4/19/2021) for essential workers and expressed concern over funding the benefits directly from the Second Injury Fund. He urged that alternate revenue proposals be considered going forward.

Sunday, June 14, 2020

The Case for a Federal Response to Compensate Workers

Several recent studies highlight the inability of workers’ compensation based programs on a state level to provide a consistent and coherent response to a viral national pandemic such as COVID-19.