C O M M I T T E E N O T I C E
TO: MEMBERS OF THE ASSEMBLY LABOR COMMITTEE
FROM: ASSEMBLYMAN JOSEPH V. EGAN, CHAIRMAN
SUBJECT: COMMITTEE MEETING - JUNE 12, 2008
The public may address comments and questions to Gregory L. Williams, Committee Aide, or make bill status and scheduling inquiries to Alfonsina Mavros, Secretary, at (609)984-0445, fax (609)777-2998, or e-mail: OLSAideALA@njleg.org.
Written and electronic comments, questions and testimony submitted to the committee by the public, as well as recordings and transcripts, if any, of oral testimony, are government records and will be available to the public upon request.
The Assembly Labor Committee will meet on Thursday, June 12, 2008 at 10:00 AM in Committee Room 15, Fourth Floor, State House Annex, Trenton, New Jersey. The following bills will be considered:
A-1581Cohen/EganIncreases workers' compensation for loss of hand or foot.
A-2593Scalera/EganRequires reporting of wage records under certain solid waste contracts.
A-2934Conners/Conaway(pending intro)Allows persons affected by certain plant closings, transfers and mass layoffs to receive temporary suspension of payment of interest on mortgage loans.
A-2935Conaway/Conners(pending intro)Provides for expedited injunction for violations of law requiring prenotification of certain plant closings, transfers and mass layoffs.
A-2936Conaway/Conners(pending intro)Concerns access to certain job training courses for employees affected by plant closings, mass layoffs or transfer of operations.
A-2966Cohen/Egan/Giblin(pending intro)Increases power of judges of compensation to enforce workers' compensation law.A-2967Egan/Cohen/Giblin(pending intro)Strengthens enforcement against employers for failure to provide workers' compensation coverage.
A-2969Cohen/Egan/Giblin(pending intro)Expands the membership of the Compensation Rating and Inspection Bureau.
A-2970Egan/Cohen/Giblin(pending intro)Makes failure to provide workers compensation coverage a violation of "New Jersey Insurance Fraud Prevention Act" and crime of insurance fraud.
Issued 6/6/2008 For reasonable accommodation of a disability call the telephone number or fax number above, or TTY for persons with hearing loss (609)777-2744/toll free in NJ (800)257-7490. The provision of assistive listening devices requires 24 hours’ notice. Real time reporter or sign language interpretation requires 5 days’ notice. For changes in schedule due to snow or other emergencies, call 800-792-8630 (toll-free in NJ) or 609-292-4840.
Monday, June 9, 2008
The NJ Supreme Court Declares Dependency Benefit Increases are Not to Be Retroactively Applied
The NJ Supreme Court reversed a ruling of the Appellate Division and declared the Legislature’s 2004 amendment to the workers’ compensation act not to have retroactive application. The Amendment increased benefits to 70% of wages for dependents of injured workers. The Supreme Court reasoned that the Legislature demonstrated no intent of making the amendment retroactive
Saturday, June 7, 2008
Hispanic Workers Have High Death Rates
The Centers for Disease Control (CDC) has again reported higher death dates for Hispanic workers in the United States. Hispanic workers are one of the fastest growing segments in the US workforce and their death rate has been reported as consistently high.
Work-related injury deaths among Hispanic workers during 1992-2006 totaled 11,202 which equates to 13% of the entire US work-related deaths during that timeframe. Of that number 67% of the Hispanics who lost their lives during the years 2003-2006 were foreign born which is an increase of 52% from 1992.
While the highest number of deaths of Hispanic workers were reported 2003-2006 in California (773 deaths), the highest rates were in South Carolina (22.8 per 100,000 Hispanic workers.)
Work-related injury deaths among Hispanic workers during 1992-2006 totaled 11,202 which equates to 13% of the entire US work-related deaths during that timeframe. Of that number 67% of the Hispanics who lost their lives during the years 2003-2006 were foreign born which is an increase of 52% from 1992.
While the highest number of deaths of Hispanic workers were reported 2003-2006 in California (773 deaths), the highest rates were in South Carolina (22.8 per 100,000 Hispanic workers.)
Friday, June 6, 2008
Will New Jersey’s Injured Workers Continue to Silently Wait in Pain?
The NJ legislature is bogged down in controversy over what direction to take in order to respond to the State’s injured workers. While proposed administration legislation has passed through the Senate Labor Committee, the actual voices of the injured remain silent. No injured workers have yet testified before the legislature.
Without a master plan to address the issues raised in the Star Ledger series, the NJ Legislature is attempting to address specific issues and not considering some other thoughtful legislative proposals that have been pending for sometime. These include not only those outlined in my prior article introduced by Senator Sweeney and Assemblyman Cohen, but also A2846 and S785 which permits a COLA increase to benefits.
As the employers and insurance carriers continue to raise their voices, the silence of the injured workers is both eerie and foreboding.
Without a master plan to address the issues raised in the Star Ledger series, the NJ Legislature is attempting to address specific issues and not considering some other thoughtful legislative proposals that have been pending for sometime. These include not only those outlined in my prior article introduced by Senator Sweeney and Assemblyman Cohen, but also A2846 and S785 which permits a COLA increase to benefits.
As the employers and insurance carriers continue to raise their voices, the silence of the injured workers is both eerie and foreboding.
CDC in Reviewing WCMSA Limits Review to One Life Expectancy Table
Effective July 1, 2008 the Centers for Medicare and Medicad (CMS) will exclusively use the Centers for Disease Control (CDC) Table 1 (Life Table for Total Population) when determining life expectancy in Workers’ Compensation Medicare Set-Asides (WCMSA) proposals. The directive was issued in a memo dated May 20, 2008.
Wednesday, June 4, 2008
Public Heath Advocates Form Committee to Ban Asbestos in America
"The most efficient way to eliminate asbestos- related diseases is to stop using all types of asbestos." The World Health Organization
Public health advocates, led by the Asbestos Disease Awareness Organization (ADAO) and The John McNamara Foundation, today announced the formation of the Committee to Ban Asbestos in America (CBAA). Asbestos kills more than 10,000 men, women and children every year. The National Center for Health Statistics (NCHS) of the Centers for Disease Control and Prevention (CDC) reported mesothelioma deaths increased from 2004 to 2005 in "Health, United States, 2007." Since first tracked in 1980, mesothelioma deaths have increased every year. "As recommended by the National Institute for Occupational Safety and Health (NIOSH) in 1976 the only way to prevent asbestos-related diseases is to ban its use, the CBAA supports language in a Committee Print before the House Energy & Commerce Subcommittee on Environment & Hazardous Materials," said Linda Reinstein, Chairperson of the Committee to Ban Asbestos in America. "We are calling on the U.S. Congress and the President to do the right thing and ban asbestos in America and fund critical medical programs. Doctors and scientists agree: asbestos is a carcinogen and that there is no safe level of exposure. Preventing asbestos exposure is the only way to eliminate asbestos caused diseases. Recent ADAO product testing confirmed asbestos is still found in consumer products including toys."
"Asbestos and the manufacturers of asbestos are responsible for creating the largest man made health crisis in this country," said TC McNamara, Founder of The John McNamara Foundation. "Asbestos went from being a miracle product to a serial killer which makes this legislation long overdue, but now is the time to ban asbestos in America."
http://www.banasbestos.us/
Wednesday, May 28, 2008
5TH ANNUAL THIS YEAR IN WORKERS’ COMP – THE TOP ISSUES & CASES
5TH ANNUAL THIS YEAR IN WORKERS’ COMP – THE TOP ISSUES & CASES
http://www.njicle.com/seminar.aspx?sid=558
Hear an expert analysis of key cases decided during the past year
Presented in cooperation with the NJSBA Workers’ Compensation Section
Tuesday, July 08, 2008 4:00 PM to 8:00 PMNew Jersey Law Center, New Brunswick / S1485d-14533
This fifth annual program features a panel of some of the most respected Workers' Conmpensation Judges and attorneys, who will review and provide insight on the top issues and cases that have emerged during the past year.
This fast-paced program will be packed with practical pointers that have proven successful in matters ranging from jurisdictional issues through coverage of employment. The program will expand your horizons and broaden your practice potential into expanding in developing areas of the law such as the Longshore Act, Defense Base Act claims, and actions involving New York jurisdiction, including 9/11 claims. Make plans to register today!
PROVEN STRATEGIES FOR DEALING WITH THE TOP ISSUES CONFRONTING TODAY’S WORKERS’ COMPENSATION ATTORNEYS, INCLUDING…
• Proving that a claim arose out of, and occurred in, the course of the employment: Mojica v. The Valley Hospital
• Interpreting the "Going and Coming Rule" to prove your case: Scott v. Foodarama Supermarkets • Determing jurisdiction of the court: Morella v. Grand Union/New Jersey Self-Insurers Guaranty Association 193 N.J. 350 (2008), Kibler v. Roxbury Bd. of Educ. 392 N.J. Super. 45 App. Div. 2007) , Flick v. PMA Ins. Co. and Kathleen Reed, 394 N.J. Super. 605 (App. Div. 2007)• What you need to know about counsel fees: Alvarado v. J & J Snack Foods Corp.
• How to handle a Longshore and/or Defense Base Act Claim
• What you need to know about NJ 911 exposure filing and proof requirements
...and more
http://www.njicle.com/seminar.aspx?sid=558
Moderator:JON L. GELMAN, ESQ.
Speakers include:
STEPHEN C. EMBRY, ESQ.
NANCY J. JOHNSON, ESQ.
EDGAR N. ROMANO, ESQ.
Click here to print paper registration form http://www.njicle.com/ICLEOrderForm.pdf
http://www.njicle.com/seminar.aspx?sid=558
Hear an expert analysis of key cases decided during the past year
Presented in cooperation with the NJSBA Workers’ Compensation Section
Tuesday, July 08, 2008 4:00 PM to 8:00 PMNew Jersey Law Center, New Brunswick / S1485d-14533
This fifth annual program features a panel of some of the most respected Workers' Conmpensation Judges and attorneys, who will review and provide insight on the top issues and cases that have emerged during the past year.
This fast-paced program will be packed with practical pointers that have proven successful in matters ranging from jurisdictional issues through coverage of employment. The program will expand your horizons and broaden your practice potential into expanding in developing areas of the law such as the Longshore Act, Defense Base Act claims, and actions involving New York jurisdiction, including 9/11 claims. Make plans to register today!
PROVEN STRATEGIES FOR DEALING WITH THE TOP ISSUES CONFRONTING TODAY’S WORKERS’ COMPENSATION ATTORNEYS, INCLUDING…
• Proving that a claim arose out of, and occurred in, the course of the employment: Mojica v. The Valley Hospital
• Interpreting the "Going and Coming Rule" to prove your case: Scott v. Foodarama Supermarkets • Determing jurisdiction of the court: Morella v. Grand Union/New Jersey Self-Insurers Guaranty Association 193 N.J. 350 (2008), Kibler v. Roxbury Bd. of Educ. 392 N.J. Super. 45 App. Div. 2007) , Flick v. PMA Ins. Co. and Kathleen Reed, 394 N.J. Super. 605 (App. Div. 2007)• What you need to know about counsel fees: Alvarado v. J & J Snack Foods Corp.
• How to handle a Longshore and/or Defense Base Act Claim
• What you need to know about NJ 911 exposure filing and proof requirements
...and more
http://www.njicle.com/seminar.aspx?sid=558
Moderator:JON L. GELMAN, ESQ.
Speakers include:
STEPHEN C. EMBRY, ESQ.
NANCY J. JOHNSON, ESQ.
EDGAR N. ROMANO, ESQ.
Click here to print paper registration form http://www.njicle.com/ICLEOrderForm.pdf
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