U.S. D.O.L. Proposes Revisions to OSHA’s Beryllium Standards to Protect Construction and Shipyard Workers

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) placed on public inspection today a proposal to protect workers in shipyards and construction from beryllium exposure by more appropriately tailoring the requirements of the standards to the exposures in these industries.

CMS Cannot Seek Reimbursement from Insurance Guarantee Fund

The US 9th Circuit Court of Appeals has ruled that The Centers for Medicare and Medicaid [CMS] cannot not seek reimbursement from from the California Insurance Guarantee Association for workers' compensation payments.

Pending NJ Supreme Court Workers' Compensation Appeals

A-78/79/80-18 The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc. (082502)
Does the two-year statute of limitations, applicable to claims under the Workers’ Compensation Act, apply to claims by medical providers for the payment of services rendered to injured employees?
Certification granted: 05/14/2019
Posted: 05/15/2019
Argued:
Decided:

A-68-18 New Jersey Transit Corporation v. Sandra Sanchez and Chad Smith (082292)
Can plaintiff, a workers’ compensation carrier, obtain reimbursement of medical expenses and wage loss benefits it paid from defendants (more specifically, the tortfeasors who negligently caused injuries to plaintiff’s employee in a work-related motor vehicle accident), if the employee would be barred from recovering non-economic damages from defendants because he did not suffer a permanent injury?
Certification granted: 04/04/2019
Posted: 04/05/2019
Argued: 09/24/2019
Decided:

Download the Oral Argument Video for A-68-18

Updated: 09/30/2019

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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 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

NJ Workers' Compensation Premium Rates to Decline in 2020

The New Jersey compensation rating and inspection euro has announced that we will be seeking a decrease of 3.8% in the overall premium and rate levels effective January 1, 2020.

Flashback: Opening of the Workers' Compensation Office in Paterson NJ - Labor Day Sept. 1953

Celebrating Labor Day in 1953. In September 1953, the NJ Division of Workers' Compensation [DWC] opened new offices at 35 Church Street in Paterson, NJ, the county seat of Passaic County. Some of the dignitaries present for the ceremony were: Daniel Spair, Director of the DWC; MA Kaltz, Deputy Director; Samuel S Ferster, Deputy Director; JL Brown, Deputy Director; and Jack Lerner, counsel for the AFL-CIO.

White House Contamination Highlights Asbestos Controversy

Ivanka Trump, Kellyanne Conway and other senior White House aides have vacated their West Wing offices while asbestos is removed – even as the Trump administration is manipulating a federal chemical safety law to keep asbestos legal.

Employment Status: NCAA Division 1 Player Not an Employee

The 9th Circuit Court of Appeals affirmed the district court’s dismissal of a Division I college football player’s claim that he was an employee of the National Collegiate Athletic Association and the PAC-12 Conference within the meaning of the Fair Labor Standards Act and California labor law and thus entitled to minimum wage and overtime pay.