NJ Supreme Court to Review Application of Exclusivity Rule Between Social Remedial Legislation Acts

The NJ Supreme Court will review two social remedial legislative acts to determine whether the Exclusivity Rule is applicable. The workplace legislation is the Law Against Discrimination [LAD] and the Workers’ Compensation Act [WCA]. The Court will determine whether a LAD claim is barred by the exclusive remedy of the WCA. Mary Richter, Plaintiff-Respondent, v. Oakland Board of Education, C-234 Sept.Term 2019, 2019 WL 5847242, Petition for Certification Granted NOVEMBER 4, 2019

Webinar: Expectations of Full Recovery Where Do We Place the Goalpost?

What exactly is "full recovery" from a workplace injury?
Click here to stream the replay online

• How do we manage the expectations around a workers' compensation claim?
• Is "full recovery" always realistic? 
• Can a full recovery be something less than full function? 

This FREE webinar focused on the perceptions of all stakeholders participating in the workers' compensation system and offer insight on how to address and to navigate the process successfully.

Employer-reported non-fatal injury and illness rate unchanged in 2018

The US Bureau of Labor Statistics reported that the rate of nonfatal occupational injuries and illnesses among private industry employees was unchanged for the first time since 2012 at 2.8 cases per 100 full-time equivalent workers in 2018. Workers in private industry incurred 2.8 million injuries or illnesses in 2018.

The problem with workers’ compensation award ceremonies

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

Recently three injured workers were honored at the Comp Laude Gala put on by trade publication Workers’ Compensation Central. The event included a panel with the catastrophically injured workers who overcame their injuries.

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.