Unboxing the 2019 Supplement - Workers' Compensation Law

The 2019 Pocket Part and Supplemental Pamphlets arrived in-print today from West-Thomson-Reuters for New Jersey Workers' Compensation Law. Third Edition, Volumes 38, 39 and 39A.

Legislation to Reduce Violence in Workplace

Congressman Joe Courtney (CT-02), a senior Member of the House Education and Labor Committee, introduced legislation this week to curb rising rates of workplace violence facing health care and social service employees such as nurses, physicians, emergency responders, medical assistants, and social workers.

An Unpaid Volunteer Firefighter Is Entitled to NJ Workers’ Compensation Temporary Benefits

The NJ Supreme Court unanimously held that an unpaid and unemployed volunteered firefighter was entitled to temporary workers’ compensation benefits. The Court, in reversing both the Trial and Appellate rulings, declared that volunteer firefighters have been conferred special status by the New Jersey legislature and they should be paid temporary disability benefits at the maximum rate without a seven-day waiting period, even if the injured volunteer firefighter was not holding outside employment at the time of the work-related injury.

Six-Year Statute of Limitations Governs Medical Claims

In a landmark decision the NJ Court of Appeals held that medical provider claims for expenses in workers’ compensation claims are subject to a contractual six-year statute of limitations. The ruling will have a major impact upon the overburdened state’s Division of Workers’ Compensation (NJDWC) system.

The NJDWC is already recognizing a soaring number of medical expense disputes and it lacks a standardized adjudication process. The Legislature should establish a medical fee schedule and create a separate alternate dispute resolution (ADR) system to adjudicate the medical provider claims.

Landlord Held Not Liable for Injuries Of Tenant's Employee

A NJ Appellate Court has upheld the summary judgment dismissing the case where a commercial landlord was sued in a civil action for damages injured by a tenant's employee. The Court reasoned that the tenant had exclusive possession of the premises under the lease and the tenant had sole responsibility for the maintenance and repair of the premises.

US EPA Continues to Shield the Asbestos Industry

Trump EPA Moves To Shield Info on Asbestos Imports and Use From Public

The Trump administration has denied a petition by a coalition of environmental groups calling for increased reporting of asbestos importation and use by U.S. manufacturers – despite a sharp rise in asbestos imports into U.S. ports.

Nebraska Doctor Exposed to New Ebola Outbreak

An American providing medical assistance in the Democratic Republic of Congo recently experienced a possible exposure to the Ebola virus and is in Omaha for monitoring. This person has no Ebola symptoms but will be monitored closely. Should any symptoms develop, the Nebraska Biocontainment Unit would be activated and the person admitted.