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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, September 10, 2018

The Case Against Brett Kavanaugh

Today's post is authored by Deborah Berkowitz and is shared from nelp.org

IF YOU WORK IN A DANGEROUS JOB, YOU SHOULD BE WORRIED ABOUT BRETT KAVANAUGH

When a vibrant 40-year-old animal trainer was killed by a whale at SeaWorld in 2010, the government’s safety agency, an administrative law judge, and a panel of appellate judges all agreed that SeaWorld broke the law by not taking basic precautions to provide a safe workplace. All, that is, except one judge on the appellate panel who dissented: Brett Kavanaugh, the president’s nominee for Supreme Court Justice.

CMS has scheduled another webinar for Wed., Sept 19, 2018

Commercial Repayment Center Portal (CRCP) Overview Webinar Wednesday, September 19 th, 2018 CMS will be hosting a webinar to present an overview of the Commercial Repayment Center Portal (CRCP) functions.

Friday, September 7, 2018

U.S. Department of Labor Urges Workers and the Public to be Vigilant And Mindful of Hazards During Tropical Storm Gordon Cleanup

Emergency crews and residents of the Gulf Coast region of Florida, Alabama, and Mississippi faced with debris caused by Tropical Storm Gordon should be aware of hazards they may encounter and take steps to stay safe, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) urges.
Source: National Hurricane Center

“Workers involved in storm cleanup can face a range of safety and health hazards,” said Occupational Safety and Health Administration Regional Administrator Kurt Petermeyer. “Risks can be minimized with knowledge, safe work practices, and personal protective equipment.”
Cleanup work after the storm may involve hazards related to restoring electricity and communications, debris cleanup, roof repair, and tree trimming. Only those with the proper training, equipment, and experience should conduct cleanup activities.
Protective measures for cleanup activities after a weather disaster should include the following:
  • Evaluating the work area for hazards
  • Fall protection for elevated surfaces
  • Assuming all power lines are live
  • Using chainsaws, portable generators, ladders, and other equipment properly
  • Using personal protective equipment, such as gloves, hard hats, hearing and foot protection

Wednesday, September 5, 2018

Totally Injured Workers Maybe Getting an Increase in Benefits

The proposed Trump Administration 2019 Budget (p. 115) may allow NJ workers’ compensation beneficiaries to receive an increase in benefits. By eliminating the Social Security “reverse offset,” totally and permanently injured NJ workers will receive a triennial annual COLA increase.

“The Budget includes a re-proposal to eliminate reverse offsets in fifteen states where Workers' Compensation (WC) benefits and temporary disability insurance benefits (TDI) are offset instead of DI benefits."

Saturday, September 1, 2018

A Complete Ban of Asbestos Urged

The following comment was submitted by Linda Reinstein, President/CEO, Asbestos Disease Awareness Organization (ADAO) in response to the US EPA Proposed Rule to permit further use of asbestos in the US. EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for certain uses of asbestos that are no longer in use in the United States. Persons subject to the SNUR would be required to notify the EPA at least 90 days before commencing such manufacture or processing. The required notifications would initiate EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.

Saturday, August 25, 2018

NJ Gov Murphy Signs Law Increasing Workers' Compensation Counsel Fees

NJ Governor Phil Murphy has signed into law legislation that increases counsel fees in Workers' Compensation claims. The law requires the assessment of counsel fees on all offers and tenders made by an employer or insurance companies. The Act is effective immediately. 

Counsel fees are now to be determined in cases in which a workers’ compensation petitioner has received compensation from an insurance company or self-insured employer prior to any judgment or
NJ Gov. Phil Murphy
award. The reasonable attorney fee is to based upon the amount of the compensation received after the establishment of an attorney-client relationship (as memorialized in a written agreement), plus any amount of the judgment or award which is in excess of the previously received compensation. Under former law, in such cases involving insurance or self-insurance compensation, the attorney fee was based solely on any amount of a judgment or award that is in excess of the amount of previously received compensation.

Thursday, August 23, 2018

The Admissibility of Scientific Evidence: A New Evidentiary Standard

The New Jersey Supreme Court has adopted a new evidentiary standard to evaluate the admissibility of scientific evidence. While expanding the guidelines to consider Daubert factors in determining the admissibility of expert testimony, the Court did not embrace the full body of Daubert case law as applied by 39 other state and federal courts. Daubert v. Merrill Dow Pharms., Inc. 509 U.S. 579 (1973), N.J.R. Evid. 702.