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. 

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”).

Impacts of a Governmental Shutdown

The effects of a government shutdown on state workers' compensation systems and their integration with Social Security will vary depending on the specific circumstances of each state. However, some general trends can be expected.

Implementing AI for Workers’ Compensation Law Firms and Insurance Companies

Artificial intelligence [AI] opens new frontiers for workers’ compensation law firms and insurance companies. Last week, Google announced new applications that will vastly expand how workers’ compensation claims can be serviced, managed, and supported.

Available Workers' Compensation Law 2023 Update

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

The Effects of Obesity on an Injury

The impact of morbid obesity on the residuals of an injury that occurred at work is to be considered when evaluating an individual’s eligibility for Social Security disability.

Rules Adopted to End NJ Pension Cost Shifting

The New Jersey Department of Labor and Workforce Development [DLWD] adopted Rules embracing the recommendations of  NJ State Comptroller concerning NJ State Pensions. 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 rules are effective as of March 7, 2022.  54 N.J.R.448(a). The Rules were adopted without change and have retroactive application.

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. 

CMS Announces 2022 Workers' Compensation Recovery Threshold to Remain at $750.00

Computation of Annual Recovery Thresholds for Certain Liability Insurance, No-Fault Insurance, and Workers' Compensation Settlements, Judgments, Awards, or Other Payments for 2022 were announced this week.

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.

Social Security Announces 5.9 Percent Benefit Increase for 2022

Social Security and Supplemental Security Income (SSI) benefits for approximately 70 million Americans will increase 5.9 percent in 2022, the Social Security Administration announced.

OSHA cites insurance agency for exposing workers to coronavirus

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the exact Denver location where an employee died with COVID-19.

Is It Your Employer’s Business if You Are Vaccinated?

Privacy issues have arisen as employers throughout the U.S. are mandating and/or encouraging COVID vaccinations. The U.S. Department of Health and Human Services [H.S.S.] recently issued guidance on workplace vaccinations and the Health Insurance Portability and Accountability Act (H.I.P.P.A.), 42 U.S.C.A. § 201 et seq. 

NJCRIB Requests a 4.9% Premium Decrease for 2022

The NJ Compensation Rating and Inspection Bureau [NJCRIB] submitted a filing to the Department of Banking and Insurance seeking a 4.9% decrease in the overall premium and rate level effective January 1, 2022. The proposed revision is based upon the most recent experience and a review of classification relativity. 

NJ Appellate Division Rules That The City of Newark Can Implement Its Vaccine Mandate

The  NJ Appellate Division held that the Mayor of the City of Newark has the authority, as a managerial prerogative, to mandate that all City employees be fully vaccinated against COVID-19. Nine unions representing City employees filed unfair labor practice charges against the City with the Public Employment Relations Commission (PERC). The unions had requested an injunction to prevent implementing the mandate before the City negotiated with the unions. A Director of PERC issued an order granting in part and denying the unions' request for preliminary injunctive relief.

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.

NJ Governor Signs Hiring Preference Law for Employees Injured at Work

On Friday, September 24, 2021, NJ Governor Phil Murphy signed A-2617/S-2998 [P.L.2021, c.228.], requiring employers to provide hiring preference to employees who have reached maximum medical improvement following a work-related injury.

Warehouse Workers' Injuries Are Increasing as Employers Use Artificial Intelligence

An increase of injuries suffered by warehouse workers, fueled by employers' use of artificial intelligence, is getting legislative attention. The focus is on Amazon and other major retail giants whose business has exploded since the COVID Pandemic emerged.

NJ Governor Murphy Signs Executive Order Instituting Vaccination or Testing Requirement for All Child Care Center Personnel

NJ Governor Phil Murphy signed Executive Order No. 264, requiring all child care center personnel to be fully vaccinated against COVID-19 by November 1 or be subject to COVID-19 testing at minimum one to two times per week. Additionally, effective September 24, and in accordance with CDC recommendations, the Order also clarifies that all employees, visitors, students, and children aged two and over must wear facemasks indoors, with limited exceptions. These requirements will strengthen protections against COVID-19 to children in these settings who are all under 12 years old and not yet eligible for vaccination.

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