The New OSHA Silica Standard - Not Strong Enough

Silica exposure was the catalyst that brought occupational diseases in the state workers’ compensation acts in the 1950’s. In an effort to shield employers from civil liability, silicosis was incorporated as a compensable condition under the capped damage system of state workers’ compensation programs. Silica exposures continue today, especially in counter-top workers, The new silica exposure standard announced by OSHA has still fallen short to protect workers from this deadly occupational exposure.

CertainTeed files for bankruptcy claiming asbestos liabilities

DBMP LLC, an affiliate of CertainTeed LLC, based in North Carolina that holds the legacy asbestos liabilities of the former CertainTeed Corporation, today announced that it has filed a voluntary petition for Chapter 11 relief in the U.S. Bankruptcy Court for the Western District of North Carolina in Charlotte in an effort to equitably and permanently resolve all of its current and future asbestos claims. Chapter 11 is a special legal process under U.S. law, which can take 3 to 8 years to run its course, that immediately stays all litigation thus allowing the filing company the time and protection to negotiate in a single forum an agreement approved by claimants and by the court.

Pending NJ Supreme Court Cases of Interest

Pending NJ Supreme Court Cases of Interest

Medical Providers Prohibited From Reporting to Credit Agencies

NJ Governor Murphy has signed legislation (S.3036) that prohibits a provider to an injured worker of medical, surgical, other treatment, or hospital service pursuant to the workers' compensation law, R.S.34:15-1 et seq., from reporting any portion of their charges which are alleged to be unpaid, to any collection or credit reporting agency, bureau, or data collection facility.

NJ Benefits to Increase for Certain Injuries and a Study Commission Will Review System Going Forward

NJ Governor Murphy has signed legislation to increase certain workers' compensation benefits and also require the appointment of a study commission to review and recommend changes to the State's workers' compensation system going forward.

NJ Governor Murphy Signs Sweeping Legislative Package to Combat Worker Misclassification and Exploitation

Acting on his commitment to support and uplift New Jersey workers, Governor Phil Murphy today signed a legislative package combatting worker misclassification and exploitation. The bills will crack down on employee misclassification in businesses by allowing stop-work orders against employers violating state wage, benefit, and tax law; providing assessment of penalties for violations in connection with misclassification of employees; and requiring employers to post a notice for their employees regarding employee misclassification, among others.

Medical Marijuana and the Supremacy Clause

“Change is the law of life. And those who look only to the past or present are certain to miss the future.” -John F. Kennedy

An unsettled area of the law has emerged between, the widespread adoption by the states to permit prescribed marijuana to relieve certain medical conditions and the strict federal law mandating the substance as a Schedule 1, Controlled Substance [CSA]. With an estimated 43.3 million Americans using the elicited drug, and the challenges of the “opioid epidemic” creating massive addiction and fatal results, the nation’s workers’ compensation system has been challenged to provide adequate authorized medical treatment.