Victimizing Undocumented Injured Workers

NY TIMES QUOTATION OF THE DAY

"I was shot by terrorists, and it feels like the people I worked with are 

victimizing me all over again."

VALERIE KALLIS-WEBER, 59, a victim of a mass shooting in San Bernardino, Calif., last year, on medical treatments that have been denied or delayed under the workers' compensation system that covers her care.

Click here to read the entire article, "‘Victimizing Me All Over Again’: San Bernardino Victims Fight for Treatment" NY Times 11.30.2016

In New Jersey, "...without benefit of a legislative directive to the contrary, undocumented aliens are entitled to workers' compensation benefits. While undocumented aliens are not performing any illegal work, the court has reasoned that the New Jersey Workers' Compensation Act is not subject to any prohibitions similar to the unemployment law of each state which must comply with Federal standards; granting unemployment benefits to undocumented aliens would violate these standards."
Montoya v. Gateway Ins. Co., 168 N.J.Super. 100, 401 A.2d 1102 (App.Div.1979), certif. den. 81 N.J. 402, 408 A.2d 796 (1979). "The need for medical treatment is not a benefit derived from immigration status but rather from employment status. Mendoza v. Monmouth Recycling Corporation, 288 N.J.Super. 240, 672 A.2d 221 (App.Div.1996)." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 11.8 (3d ed.).

…

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

New Jersey Workers Are at High Risk for Asthma

The US Centers for Disease Control reported today that workers in various industries and occupations are at risk for work-related asthma. CDC analyzed data from the 2013 Behavioral Risk Factor Surveillance System Asthma Call-back Survey and determined that in 21 states among an estimated 74 million adults employed at some time in the 12 months preceding the interview, 7.7% had current asthma.

Cybersecurity is an imminent and costly threat to lawyers and their clients

Cybersecurity is a critical issue in handling the workers’ compensation claims process. Regulatory authorities and clients are mounting an increased concern that the legal profession must employ adequate measures to protect data from cyber attacks. The fragmented century old social insurance system is complex and expensive to operate and is now confronted with security measures that are more time consuming, cumbersome and expense to implement.

The progress of technology and the Internet of Things (IoT) is advancing logarithmically. The participants in the present workers’ compensation system need to be aware of the seriousness of cyber vulnerabilities as well their responsibilities to maintain the confidentiality of client’s interests and protect the legal strategies of the case.

Weighing Genetic Factors in Cardiovascular Cases

Cardiovascular cases involving occupational risks are complicated causation proof issues in workers' compensation cases. The association of the work exposure and/or effort is usually a challenging proof battle where literature and medical experts are caught in a contentious duel.

Daylight Saving Time “fall back” doesn’t equal sleep gain

Today's post is shared from harvard.edu and it highlights the need for caution in the workplace following a shift in the time schedule so that bodies can adjust and accidents are avoided because of the exhaustion caused by the semi-yearly statutory time shift.

Daylight Saving Time officially ends at 2:00 am this Sunday. In theory, “falling back” means an extra hour of sleep this weekend.

Donald Trump And The Art Of Asbestos

Today's post is shared from huffingtonpost.com

According to the Republican presidential nominee, the anti-asbestos movement is a conspiracy rigged by the mob. Yes, the mob.

For nearly five months, people around the country have been campaigning for or against Donald Trump. As one of the most polarizing presidential candidates of the century, we’ve watched debate after debate, commercial after commercial and repeatedly said, “Wow.”

There’s no doubt certain aspects of Trump’s beliefs are startling, overwhelming and offensive. But what the media shows is just one side.

Among all of Trump’s absurd ideologies, such as extreme vetting of immigrants and building a giant wall to keep them out, he also supports the use of asbestos. As a known carcinogen responsible for an estimated 10,000 American deaths a year, it’s surprising that a presidential candidate would uphold an industry that promoted its use.

But then again, is it?

Click here to read the entire article.

SCOTUS FL-Stahl : Petition Denied

The United States Supreme Court DENIED the petition in the matter of Stahl v Hialeah raising constitutional issues in the present workers' compensation system in Florida. The Florida program mirrors trending aspects of other state programs that have also been questioned on constitutional grounds.