The right to cross examination medical experts, in a bifurcated claim cannot be extinguished by administrative rules, according to a decision rendered by a NJ Appellate Court.
Showing posts sorted by relevance for query second injury fund. Sort by date Show all posts
Showing posts sorted by relevance for query second injury fund. Sort by date Show all posts
Wednesday, August 26, 2009
Administrative Rules in Workers’ Compensation May Not Infringe Upon The Right to Due Process Court Holds
Friday, October 5, 2012
October Is National Disability Awareness Month
Presidential Proclamation -- National Disability Employment Awareness Month, 2012
NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2012
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In the 22 years since the signing of the Americans with Disabilities Act, we have made significant progress in giving all Americans the freedom to make of our lives what we will. Yet, in times of prosperity as well as challenge, people with disabilities have had fewer opportunities in our workplaces than those without. As we work to revitalize our economy, it is essential that each of us can bring our talents, expertise, and passion to bear in the marketplace. But a stronger economy is not enough; we must ensure not only full participation, but also full opportunity. During National Disability Employment Awareness Month, we recognize the indispensable contributions people with disabilities make in our economy and recommit to building a country where each of us can realize the full extent of our dreams.
Because America's workforce should reflect the diversity of its people -- including people with disabilities -- my Administration remains committed to helping our businesses, schools, and communities support our entire workforce. To meet this challenge, the Federal Government must be a model employer. That is why I was proud to sign an Executive Order in 2010 that called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. In 2012, the Office of Personnel Management reported on our progress, revealing that we are moving toward meeting our goal of hiring an additional 100,000 people with disabilities into the Federal workforce over 5 years. Today, more people with disabilities work for the Federal Government than at any time in the past 20 years, and we are striving to make it easier to get and keep those jobs by improving compliance with Section 508 of the Rehabilitation Act.
All Americans are entitled to an accessible workplace, a level playing field, and the same privileges, pursuits, and opportunities as any of their family, friends, and neighbors. This month, let us rededicate ourselves to bringing down barriers and raising up aspirations for all our people, regardless of disability, so we may share in a brighter future together.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2012 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.
BARACK OBAMA
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
….
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.
Tuesday, November 10, 2015
NJ Governor Chris Christie Vetoes Supplemental Benefit Bill
SENATE BILL NO. 929
(First Reprint)
To the Senate:
Pursuant to Article V, Section I, Paragraph 14 of the New
Jersey Constitution, I am returning Senate Bill No. 929 (First
Reprint) without my approval.
Workers’ compensation is an important program in New
Jersey, providing compensation to employees who suffer job related
injuries or illnesses through no fault of their own. It
is especially significant to families who receive benefits after
a loved one has died in the line of duty.
In 1979, the State made comprehensive changes to the
workers’ compensation law, resulting in higher payments for
workers totally and permanently disabled after December 31,
1979. The changes, however, created a disproportionate effect
on workers’ compensation payments made to those who sustained
total and permanent disability or death before the
implementation of those changes. In recognition of this
disparity, the Legislature established a cost-of-living
adjustment (“COLA”) for those injured on or before December 31,
1979 to align their payments with those injured after the new
reforms.
This well-intended bill would extend the workers’
compensation COLA benefit to total disability beneficiaries and
those receiving survivors’ benefits where the injury occurred
after December 31, 1979. The estimated yearly cost for the COLA
is at least $58 million and would be funded solely through an
increase in the annual surcharge on private-sector employers
paid into the Second Injury Fund (“SIF”).
Employers in New Jersey already pay the third highest
workers’ compensation rates in the Nation. This bill would
further raise those rates, putting even more of a burden on
private sector businesses. I have worked tirelessly with my
Administration to maintain a business environment that fosters
the growth of private-sector jobs in the State, and we have been
successful. This bill represents a step in the wrong direction
because an increase in the annual SIF surcharge would threaten
the State’s ability to keep existing employers in the State and
undermine efforts to attract new ones. I cannot sign a bill that
will pile yet another unacceptable financial burden on the
businesses of this State.
Accordingly, I am returning Senate Bill No. 929 (First
Reprint) without my approval.
Respectfully,
[seal] /s/ Chris Christie
Governor
Attest:
/s/ Thomas P. Scrivo
Chief Counsel to the Governor
................
S929 Aca (1R) Concerns certain workers' compensation supplemental benefits.
Received by the Senate
Identical Bill Number: A1908 (2R)
Last Session Bill Number: A4514 S613 (1R)
Sweeney, Stephen M. as Primary Sponsor
Madden, Fred H., Jr. as Primary Sponsor
Burzichelli, John J. as Primary Sponsor
Riley, Celeste M. as Primary Sponsor
Moriarty, Paul D. as Primary Sponsor
1/16/2014 Introduced in the Senate, Referred to Senate Labor Committee
3/17/2014 Reported from Senate Committee, 2nd Reading
3/17/2014 Referred to Senate Budget and Appropriations Committee
6/5/2014 Reported from Senate Committee, 2nd Reading
6/12/2014 Passed by the Senate (21-15)
6/12/2014 Received in the Assembly, Referred to Assembly Labor Committee
10/27/2014 Reported and Referred to Assembly Appropriations Committee
3/16/2015 Reported out of Assembly Comm. with Amendments, 2nd Reading
6/25/2015 Substituted for A1908 (2R)
6/25/2015 Passed by the Assembly (43-31-2)
6/25/2015 Received in the Senate, 2nd Reading on Concurrence
9/24/2015 Passed Senate (Passed Both Houses) (24-12)
11/9/2015 Absolute Veto, Received in the Senate
Introduced - 5 pages PDF Format HTML Format
Statement - SLA 3/17/14 - 3 pages PDF Format HTML Format
Fiscal Estimate - 3/26/14; as introduced - 8 pages PDF Format HTML Format
Statement - SBA 6/5/14 - 4 pages PDF Format HTML Format
Statement - ALA 10/27/14 - 4 pages PDF Format HTML Format
Statement - AAP 3/16/2015 - 3 pages PDF Format HTML Format
Fiscal Estimate - 4/8/15; 1R - 8 pages PDF Format HTML Format
Reprint - 3 pages PDF Format HTML Format
Veto - Absolute veto - 2 pages PDF Format HTML Format
Committee Voting:
SLA 3/17/2014 - r/favorably - Yes {3} No {1} Not Voting {0} Abstains {1} - Roll Call
SBA 6/5/2014 - r/favorably - Yes {8} No {2} Not Voting {2} Abstains {1} - Roll Call
ALA 10/27/2014 - r/favorably - Yes {6} No {2} Not Voting {0} Abstains {1} - Roll Call
AAP 3/16/2015 - r/Aca - Yes {6} No {1} Not Voting {1} Abstains {1} - Roll Call
Session Voting:
Sen. 6/12/2014 - 3RDG FINAL PASSAGE - Yes {21} No {15} Not Voting {4} - Roll Call
Asm. 6/25/2015 - SUBSTITUTE FOR A1908 Aca - Yes {0} No {0} Not Voting {80} Abstains {0} - Voice Vote Passed
Asm. 6/25/2015 - 3RDG FINAL PASSAGE - Yes {43} No {31} Not Voting {4} Abstains {2} - Roll Call
Sen. 9/24/2015 - CONCUR ASMB AMEND - Yes {24} No {12} Not Voting {4} - Roll Call
RELATED ARTICLES
Governor Christie Vetoes First Responder Workers' Compensation Bill (workers-compensation.blogspot.com)
NJ Senate Passes Law To Help Injured Workers (workers-compensation.blogspot.com)
Christie, Cuomo veto N.J.-N.Y. Port Authority overhaul (workers-compensation.blogspot.com)
NJ COLA Bill Passed by Senate (workers-compensation.blogspot.com)
(First Reprint)
To the Senate:
Pursuant to Article V, Section I, Paragraph 14 of the New
Jersey Constitution, I am returning Senate Bill No. 929 (First
Reprint) without my approval.
Workers’ compensation is an important program in New
Jersey, providing compensation to employees who suffer job related
injuries or illnesses through no fault of their own. It
is especially significant to families who receive benefits after
a loved one has died in the line of duty.
In 1979, the State made comprehensive changes to the
workers’ compensation law, resulting in higher payments for
workers totally and permanently disabled after December 31,
1979. The changes, however, created a disproportionate effect
on workers’ compensation payments made to those who sustained
total and permanent disability or death before the
implementation of those changes. In recognition of this
disparity, the Legislature established a cost-of-living
adjustment (“COLA”) for those injured on or before December 31,
1979 to align their payments with those injured after the new
reforms.
This well-intended bill would extend the workers’
compensation COLA benefit to total disability beneficiaries and
those receiving survivors’ benefits where the injury occurred
after December 31, 1979. The estimated yearly cost for the COLA
is at least $58 million and would be funded solely through an
increase in the annual surcharge on private-sector employers
paid into the Second Injury Fund (“SIF”).
Employers in New Jersey already pay the third highest
workers’ compensation rates in the Nation. This bill would
further raise those rates, putting even more of a burden on
private sector businesses. I have worked tirelessly with my
Administration to maintain a business environment that fosters
the growth of private-sector jobs in the State, and we have been
successful. This bill represents a step in the wrong direction
because an increase in the annual SIF surcharge would threaten
the State’s ability to keep existing employers in the State and
undermine efforts to attract new ones. I cannot sign a bill that
will pile yet another unacceptable financial burden on the
businesses of this State.
Accordingly, I am returning Senate Bill No. 929 (First
Reprint) without my approval.
Respectfully,
[seal] /s/ Chris Christie
Governor
Attest:
/s/ Thomas P. Scrivo
Chief Counsel to the Governor
................
S929 Aca (1R) Concerns certain workers' compensation supplemental benefits.
Received by the Senate
Identical Bill Number: A1908 (2R)
Last Session Bill Number: A4514 S613 (1R)
Sweeney, Stephen M. as Primary Sponsor
Madden, Fred H., Jr. as Primary Sponsor
Burzichelli, John J. as Primary Sponsor
Riley, Celeste M. as Primary Sponsor
Moriarty, Paul D. as Primary Sponsor
1/16/2014 Introduced in the Senate, Referred to Senate Labor Committee
3/17/2014 Reported from Senate Committee, 2nd Reading
3/17/2014 Referred to Senate Budget and Appropriations Committee
6/5/2014 Reported from Senate Committee, 2nd Reading
6/12/2014 Passed by the Senate (21-15)
6/12/2014 Received in the Assembly, Referred to Assembly Labor Committee
10/27/2014 Reported and Referred to Assembly Appropriations Committee
3/16/2015 Reported out of Assembly Comm. with Amendments, 2nd Reading
6/25/2015 Substituted for A1908 (2R)
6/25/2015 Passed by the Assembly (43-31-2)
6/25/2015 Received in the Senate, 2nd Reading on Concurrence
9/24/2015 Passed Senate (Passed Both Houses) (24-12)
11/9/2015 Absolute Veto, Received in the Senate
Introduced - 5 pages PDF Format HTML Format
Statement - SLA 3/17/14 - 3 pages PDF Format HTML Format
Fiscal Estimate - 3/26/14; as introduced - 8 pages PDF Format HTML Format
Statement - SBA 6/5/14 - 4 pages PDF Format HTML Format
Statement - ALA 10/27/14 - 4 pages PDF Format HTML Format
Statement - AAP 3/16/2015 - 3 pages PDF Format HTML Format
Fiscal Estimate - 4/8/15; 1R - 8 pages PDF Format HTML Format
Reprint - 3 pages PDF Format HTML Format
Veto - Absolute veto - 2 pages PDF Format HTML Format
Committee Voting:
SLA 3/17/2014 - r/favorably - Yes {3} No {1} Not Voting {0} Abstains {1} - Roll Call
SBA 6/5/2014 - r/favorably - Yes {8} No {2} Not Voting {2} Abstains {1} - Roll Call
ALA 10/27/2014 - r/favorably - Yes {6} No {2} Not Voting {0} Abstains {1} - Roll Call
AAP 3/16/2015 - r/Aca - Yes {6} No {1} Not Voting {1} Abstains {1} - Roll Call
Session Voting:
Sen. 6/12/2014 - 3RDG FINAL PASSAGE - Yes {21} No {15} Not Voting {4} - Roll Call
Asm. 6/25/2015 - SUBSTITUTE FOR A1908 Aca - Yes {0} No {0} Not Voting {80} Abstains {0} - Voice Vote Passed
Asm. 6/25/2015 - 3RDG FINAL PASSAGE - Yes {43} No {31} Not Voting {4} Abstains {2} - Roll Call
Sen. 9/24/2015 - CONCUR ASMB AMEND - Yes {24} No {12} Not Voting {4} - Roll Call
RELATED ARTICLES
Governor Christie Vetoes First Responder Workers' Compensation Bill (workers-compensation.blogspot.com)
NJ Senate Passes Law To Help Injured Workers (workers-compensation.blogspot.com)
Christie, Cuomo veto N.J.-N.Y. Port Authority overhaul (workers-compensation.blogspot.com)
NJ COLA Bill Passed by Senate (workers-compensation.blogspot.com)
Saturday, February 12, 2011
Published: 2011 Workers' Compensation Law Treatise
What's New
The newly enacted statutory changes to the New Jersey Workers’ Compensation Act and promulgated Rules permitting Emergent Medical Care Motions, new registration requirements for insurers, and new judicial enforcement powers of Judges of Compensation, including sanctions and contempt powers, are contained in this supplemental material. The judicial decision imposing direct liability against an insurance carrier for delay and/or denial of medical treatment is discussed.
An analysis of the newly adopted procedures for the reimbursement of conditional payments established by Medicare and the protocols to co-ordinate workers’ compensation claims with the Centers for Medicare and Medicaid Services is contained in this supplement. The materials also provide the authorizations required to obtain conditional payment information from the Coordinator of Benefits. Debt collection referral to the Department of the Treasury is also reviewed.
The new Community and Worker Right to Know material has been incorporated into this supplement. The current hazardous substance lists and the substances that have been deemed extremely dangerous are provided.
The supplement reviews new case law concerning electronic cancellation of coverage as well as the standard for claims to be considered casually related to the employment.
The judicial interpretation of the Exclusivity Doctrine is discussion in light of the dual capacity status of a household contact / bystander and also former employee. The evidential requirements in latent occupational claims is reviewed.
The mandatory reporting requirements of the SCHIP Extension Act of 2007 are described as well as the appeal procedure under the reimbursement provision of the Medicare Secondary Payer Act.
These pocket parts provide information concerning the requirements for medical monitoring in workers’ compensation claims. It discusses. the Asbestos Fund, which has been established for those entities where workers’ compensation coverage cannot be established. The newly designed forms that need to be utilized in filing for benefits are included. Also, the recently modified Motion for Temporary and Medical Benefits, including a form Certification, is provided and discussed.
The newly revised Judgments for Total and Permanent Disability are provided in this pocket part. The Judgments include new refinements in offsets for pensions and Social Security disability benefits. Reviewed also is the “intentional wrong exception” to the Exclusivity Bar which has been the subject of new workers’ compensation insurance policy language and regulation.
The recently promulgated administrative rules governing the disposition of Temporary Disability Benefits are discussed. The non-duplication of benefits provisions are reviewed including the multiple agency adjudication process. An expansion of benefits available to Federal public safety officers is reviewed in this supplement.
Collateral medical benefit issues are discussed in light of the recent Supreme Court decision concerning this matter. The pocket parts include a Motion to Join the Collateral Health Carrier and provide sample Certifications to be used in support of the application. New pleadings issued by the Division of Workers’ Compensation in the area of medical payment and reimbursement claims are provided and commented upon in these materials.
Additionally, these pocket parts provide information concerning the new Rules of the Division of Workers’ Compensation embodying electronic filing requirements and new procedures involving both formal and informal proceedings, motion practice, post judgment process, and judicial performance. The expanded Medicare secondary reporting requirements and the mandatory coordination of benefits are reviewed in this supplement. The recovery aspects of Medicare conditional payments as well as future medical provisions are updated and discussed. The new Child Support Lien distribution forms, computation worksheets and judgments are provided and explained in depth. The NJ Supreme’ Court ruling and the legislative enactments are discussed concerning same sex couples and the availability of workers’ compensation benefits.
This supplement reviews the newly promulgated Rules concerning the Uninsured Employers’ Fund and audio and video coverage of workers’ compensation proceedings. The horrific tragedy of September 11th, 2001 and the impact it has upon the Workers’ Compensation system is discussed. This supplement reviews the newly enacted Smallpox Emergency Protection Act as well as recent court decisions concerning acts of terrorism. The subsequent legislative changes enacted in response to potential terrorist threats are reviewed, including the Public Safety Officers’ Benefit Act as well as the liberalized legislative enactments involving rescue workers and medical personnel.
The far-reaching ramifications of the newly enacted healthcare reform legislation are reviewed. The new prototype occupational medical care program, encompassing potential occupational exposure claims, is presented in this supplement.
The impact of the newly promulgated Federal rules and regulations concerning medical record privacy and compliance with the Health Insurance Portability and Accountability Act (HIPPA) medical authorization requirements are reviewed in this supplement and model forms are furnished. The recently enacted statutory workers' compensation coverage options available to proprietors and partners are discussed. The supplement reviews the recent court decisions expanding the responsibility of the Second Injury Fund for pre-existing medical conditions in cases in which latent diseases become manifest during retirement. The statutory enactments concerning State Temporary Disability Benefits are reviewed. The recently amended Energy Employees Occupational Illness Compensation Act is explained in detail and forms are furnished and discussed.
The new administration and management of claims arising from insolvent workers’ compensation insurance is covered in this pocket part.
The recent Supreme Court decisions concerning the high judicial threshold for evaluation of scientific evidence are analyzed. The requirements for proof of scientific evidence in complex workers’ compensation cases are discussed including the admissibility of testimony from non-physicians experts. Furthermore, the evolving and expanding issues concerning medical monitoring are reviewed.
This pocket part also discusses recent changes in the application for counsel fees. The supplement includes the newly promulgated administrative directive embodying those changes.
To Order
An analysis of the newly adopted procedures for the reimbursement of conditional payments established by Medicare and the protocols to co-ordinate workers’ compensation claims with the Centers for Medicare and Medicaid Services is contained in this supplement. The materials also provide the authorizations required to obtain conditional payment information from the Coordinator of Benefits. Debt collection referral to the Department of the Treasury is also reviewed.
The new Community and Worker Right to Know material has been incorporated into this supplement. The current hazardous substance lists and the substances that have been deemed extremely dangerous are provided.
The supplement reviews new case law concerning electronic cancellation of coverage as well as the standard for claims to be considered casually related to the employment.
The judicial interpretation of the Exclusivity Doctrine is discussion in light of the dual capacity status of a household contact / bystander and also former employee. The evidential requirements in latent occupational claims is reviewed.
The mandatory reporting requirements of the SCHIP Extension Act of 2007 are described as well as the appeal procedure under the reimbursement provision of the Medicare Secondary Payer Act.
These pocket parts provide information concerning the requirements for medical monitoring in workers’ compensation claims. It discusses. the Asbestos Fund, which has been established for those entities where workers’ compensation coverage cannot be established. The newly designed forms that need to be utilized in filing for benefits are included. Also, the recently modified Motion for Temporary and Medical Benefits, including a form Certification, is provided and discussed.
The newly revised Judgments for Total and Permanent Disability are provided in this pocket part. The Judgments include new refinements in offsets for pensions and Social Security disability benefits. Reviewed also is the “intentional wrong exception” to the Exclusivity Bar which has been the subject of new workers’ compensation insurance policy language and regulation.
The recently promulgated administrative rules governing the disposition of Temporary Disability Benefits are discussed. The non-duplication of benefits provisions are reviewed including the multiple agency adjudication process. An expansion of benefits available to Federal public safety officers is reviewed in this supplement.
Collateral medical benefit issues are discussed in light of the recent Supreme Court decision concerning this matter. The pocket parts include a Motion to Join the Collateral Health Carrier and provide sample Certifications to be used in support of the application. New pleadings issued by the Division of Workers’ Compensation in the area of medical payment and reimbursement claims are provided and commented upon in these materials.
Additionally, these pocket parts provide information concerning the new Rules of the Division of Workers’ Compensation embodying electronic filing requirements and new procedures involving both formal and informal proceedings, motion practice, post judgment process, and judicial performance. The expanded Medicare secondary reporting requirements and the mandatory coordination of benefits are reviewed in this supplement. The recovery aspects of Medicare conditional payments as well as future medical provisions are updated and discussed. The new Child Support Lien distribution forms, computation worksheets and judgments are provided and explained in depth. The NJ Supreme’ Court ruling and the legislative enactments are discussed concerning same sex couples and the availability of workers’ compensation benefits.
This supplement reviews the newly promulgated Rules concerning the Uninsured Employers’ Fund and audio and video coverage of workers’ compensation proceedings. The horrific tragedy of September 11th, 2001 and the impact it has upon the Workers’ Compensation system is discussed. This supplement reviews the newly enacted Smallpox Emergency Protection Act as well as recent court decisions concerning acts of terrorism. The subsequent legislative changes enacted in response to potential terrorist threats are reviewed, including the Public Safety Officers’ Benefit Act as well as the liberalized legislative enactments involving rescue workers and medical personnel.
The far-reaching ramifications of the newly enacted healthcare reform legislation are reviewed. The new prototype occupational medical care program, encompassing potential occupational exposure claims, is presented in this supplement.
The impact of the newly promulgated Federal rules and regulations concerning medical record privacy and compliance with the Health Insurance Portability and Accountability Act (HIPPA) medical authorization requirements are reviewed in this supplement and model forms are furnished. The recently enacted statutory workers' compensation coverage options available to proprietors and partners are discussed. The supplement reviews the recent court decisions expanding the responsibility of the Second Injury Fund for pre-existing medical conditions in cases in which latent diseases become manifest during retirement. The statutory enactments concerning State Temporary Disability Benefits are reviewed. The recently amended Energy Employees Occupational Illness Compensation Act is explained in detail and forms are furnished and discussed.
The new administration and management of claims arising from insolvent workers’ compensation insurance is covered in this pocket part.
The recent Supreme Court decisions concerning the high judicial threshold for evaluation of scientific evidence are analyzed. The requirements for proof of scientific evidence in complex workers’ compensation cases are discussed including the admissibility of testimony from non-physicians experts. Furthermore, the evolving and expanding issues concerning medical monitoring are reviewed.
This pocket part also discusses recent changes in the application for counsel fees. The supplement includes the newly promulgated administrative directive embodying those changes.
To Order
The series and updates may be ordered in hardbound, CD-Rom and/or accessed thorough the Westlaw® research system.
More Information
Table of Contents Supp. 2011
Index, Supp. 2011
Summary of Contents
Related articles
More Information
Table of Contents Supp. 2011
Index, Supp. 2011
Summary of Contents
Related articles
Sunday, December 28, 2014
Gov. Chris Christie and NJ Workers' Compensation: Declining Approval
What has NJ Gov. Chris Christie done for Workers' Compensation? It appears that he has done little to nothing except, complain it needs reform.
NJ continues with high unemployment, a failing infrastructure, steep taxes, a mass migration of both Industry and Labor out-of-the state, high debt, and declining public pension reserves. The State continues with a spiraling rate of income inequality that reflects high and almost unobtainable maximum workers' compensation rates for the vast majority of low and middle income wage earners.
The State's antiquated workers' compensation system continues with a reverse social security offset that favors insurance companies to the detriment of the nation's taxpayers. NJ administratively refuses to allow COLA increases under the Triennial Redetermination Social Security program to those totally disabled workers who receive benefits and NJ continues to allow insurance companies and employers to reap benefits at the detriment of injured employers. NJ still maintains an antiquate, objectionable, obsolescent and costly Second Injury Fund for pre-existing injuries when the vast majority of states have terminated such programs.
Additionally, NJ, that lacks a medical provider fee schedule, continues to control medical treatment by requiring injured workers to obtain only employer authorized medical care and prohibits injured workers freedom to choose their own medical providers.
Unproductive bullying of the public at the NJ Governor's "town hall meetings" has become a trademark of his administration. The excitement and approval of "the entertainment value" of those events in the past caught the attention of the public at the emergence of his administration and allowed him to gain popularity. That has now faded has Governor Christie's public approval, according to recent polls in NJ, is declining.
In the meantime, Gov. Christie criticizes NJ workers' compensation and lacks an announced plan to correct the ailing system.
“'We’re going to be coming up with a package of proposals that’s going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight.
'The employers who may not be stepping up and meeting their obligations and also the employees who are committing fraud on the worker’s comp system,' he said."
When the Chris Christie-for-president chatter first started, in 2011, voters in his home state of New Jersey took pride in having a celebrity governor. As Nancy Reagan escorted Mr. Christie to his speech at her husband’s presidential library, and hedge fund billionaires, The Weekly Standard and The Wall Street Journal’s editorial pages urged him to run, his approval ratings jumped. Voters told pollsters the national attention made him more effective, and improved their state’s long-maligned image.
Four years later, with Governor Christie again considering a run for president, his constituents appear to be tiring of the whole routine.
Polls taken over the last three months reveal a list of home-state complaints: Mr. Christie’s favorability is at its lowest point, with more voters disapproving than approving of his job performance. New Jersey residents think he is making decisions with an eye on his national standing rather than on what is good for their state. They do not think he should run for president — they are, as the slogan goes, ready for Hillary — but most expect he will, and want him to resign if he does. Political talk in New Jersey centers less on Mr. Christie running for president and more on which one of three Democrats quietly seeking to succeed him will win — even though that election is three years away.
Click here to read the entire NY Times article.
Thursday, February 13, 2014
Missouri Further Defines Permanent Total Disability
"The PTD test is whether the worker can compete in the open labor market.
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "
MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 ) FILED: February 10, 2014
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "
MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 ) FILED: February 10, 2014
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.
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
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.
Tuesday, July 3, 2012
Surveillance Video Barred as Belated Evidence
At the trial, Judge Kenneth Kovalcik, exercising his judicial discretion, barred the use of the video as evidence. The court relied upon NJAC 12:235-3.11(a)(4)(i) that requires a pretrial memorandum must reflect that a party intends to utilize videos or other electronic media prior to trial. The defense argued that it was unable to comply with the administrative requirement because the video did not exist at the time the pretrial memorandum was submitted and that it was necessary to rebut the petitioner's testimony.
In affirming the trial judge, the appellate court reasoned that it was not an abuse of discretion to bar the use of the video. It reasoned that the belated surveillance tapes could not be admitted unless the employer could show that it was unaware, and could not have become aware, of the circumstances warranting the surveillance video before the hearing.
Marra v. Ryder Transportation Resources & Second Injury Fund, Docket No. A-5274-10T4, 2012 WL 2505731 (N.J.Super.A.D.), decided July 2, 2012.
Wednesday, November 3, 2010
The Election Validates A New Approach to Workers Compensation
The recent election results confirm that a new approach to handling the century old workers' compensation is needed and that some definite trends are developing.
New Jersey: The constitutional amendment to prohibit raiding the Second Injury Fund revenue was passed.
California: Jerry Brown was elected governor and the Republican assault on the state compensation system rejected.
Nevada: Harry Reid was re-elected validating the innovated "Libby Health Care" Plan for medical care for occupational illness and the Federalization of the program and the US Senate's initiative.
New York: Andrew Cuomo was elected governor and revision is likely of the administrative assault on workers' rights.
Nationally, the soaring US deficit, and a State system that continues to fail to deliver health care to occupationally injured workers, will eventually need to be addressed by Congress. The 2008 strong Democratic mandate has not evaporated. The Democrats still control the Senate (51-D v 46-R) and downtown at White House. The newly acquired House Republican majority (234-R v 180-D) is instilled with the chaos of an unsettling newly emerging third party, Tea Party, alliance.
The course ahead still remains promising for enacting a unified and coordinate program to help injured workers obtain medical care for occupational diseases on a timely and effective basis without breaking the bank. The vision of a coordinated epidemiological research program to prevent occupational disease and insure safe working conditions remains hopeful.
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For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@
Thursday, June 3, 2021
Dental Professionals at Increased Risk for COVID-19
Dental professionals for increased risk of COVID-19 infection a newly published study reports.
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, June 14, 2011
Penalties, Paper and The Injured Worker
A penalty of $140,000.00 against an employer for reporting a work-related accident one day late seems a litte much. As David Depaolo points out in his recent post, the world of workers' compensation is drowning in complexity. The days of "simple" have past. The legislative intent of a remedial and summary system has gone by the boards.
Besides being a collection agency with no operating funds, the workers' compensation litigation arena is now being suffocated in litigation detail. In more ways than one, workers' compensation now has the complexity of sophisticated product liability litigation. We have transformed workers' compensation into "A Federal Case."
In this process, when the efficiency suffers so does the injured worker. The compensation system has matured into this level of complexity not because of the intent or design of the parties. It got there because the system just wasn't build to handle the load.
Like a burdened electric grid, the system will have to shed load. The question is how. Are benefits to be eliminated or does the system need to be redesigned to fullfil the needs of today's complex world? Legislatures are struggling across the country to find a solution. The bottom line is that we shouldn't throw out the baby with the bathwater. The solution must incorporate the needs on the injured worker. One must remember, as a tour through Ellis Island memorializes, that this country was build on the backs of immigrant labor. As the redesign goes forward, as it must, the injured worker must not become a helpless pawn in the system.
Besides being a collection agency with no operating funds, the workers' compensation litigation arena is now being suffocated in litigation detail. In more ways than one, workers' compensation now has the complexity of sophisticated product liability litigation. We have transformed workers' compensation into "A Federal Case."
In this process, when the efficiency suffers so does the injured worker. The compensation system has matured into this level of complexity not because of the intent or design of the parties. It got there because the system just wasn't build to handle the load.
Like a burdened electric grid, the system will have to shed load. The question is how. Are benefits to be eliminated or does the system need to be redesigned to fullfil the needs of today's complex world? Legislatures are struggling across the country to find a solution. The bottom line is that we shouldn't throw out the baby with the bathwater. The solution must incorporate the needs on the injured worker. One must remember, as a tour through Ellis Island memorializes, that this country was build on the backs of immigrant labor. As the redesign goes forward, as it must, the injured worker must not become a helpless pawn in the system.
Thursday, May 27, 2021
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.
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.
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.
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).
Wednesday, February 25, 2015
Injured workers suffer if courts are closed
Gov. Chris Christie spent most of his Tuesday budget address talking about the state's supposedly crippling pension burden, tossing around billion-dollar numbers and warning of dire consequences without more reforms.
Compared to all that, the proposed closing of a workers' compensation court in Lebanon Township seems like pretty small potatoes.
Financially, it is — closing the court would save a grand total of about $160,000, plus some additional staff expenses. And that doesn't even come out of state funds; the courts are financed by the Second Injury Fund (SIF), revenue for which Is generated by surcharges and taxes on the workers' compensation insurance policies of employers.
So this isn't a meaningful budget issue; it falls under the category of micromanaging a minimal expense and claiming it's fiscally responsible. But the impact on the lives of injured workers who are already suffering could be significant, which makes the closure a poorly conceived idea that's hardly worth the modest savings it would achieve.
The Lebanon court now services three counties — Somerset, Hunterdon, and Warren. Closing it would send workers in those counties involved in claims disputes to the next nearest court, either in New Brunswick in Middlesex County or Mount Arlington in Morris County. For most that will mean a longer commute — in some cases much longer — in areas that aren't exactly...
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