Work-Accident -Compensation Accident Claim Work: Health care

Tampilkan postingan dengan label Health care. Tampilkan semua postingan

Kamis, 05 Januari 2012

Contagion in The Workplace: Ready or Not

The recent scientific announcement that scientists have developed an airborne strain of a highly contagious and deadly H5N1 flu virus brings to front burner the issue, once again, of whether the workers' compensation system is ready to respond effectively to a large spread viral epidemic.

Whether the release is because of an unintentional act, or a terrorist attack, the workers' compensation system has not established a protocol for responding with urgent medical care and an elaborate and expedited medical delivery and benefit system.

Read more: Debate Persists on Deadly Flu Made Airborne (NY Times)

“This research should not have been done,” said Richard H. Ebright, a chemistry professor and bioweapons expert at Rutgers University who has long opposed such research. He warned that germs that could be used as bioweapons had already been unintentionally released hundreds of times from labs in the United States and predicted that the same thing would happen with the new virus.

“It will inevitably escape, and within a decade,” he said.

.....

Jumat, 09 Desember 2011

The Times They Are Changing

This year fall athletics have seem to be taking center field reflecting the problems of an inadequate workers' compensation system. The issues of safety, compensatibility, venue, benefit rates and medical care, are symptoms of a greater problem and are becoming a catalyst for change.

Today, David DePaolo, the President & CEO of WorkCompCentral, has editorialized of the lack of the ability of the workers' compensation system to meet present needs is now a major concern and that generally workers' compensation is just no longer relevant.

Click here to read his recent post: Professional Sports and the Relevancy of Comp

"I see all of this as evidence that things are changing, and that the pace of change is quickening. Obviously such things don't change overnight, but I would wager that the work comp world is going to be a much different landscape in 20 years, or even 10."

Jumat, 02 Desember 2011

Penalties for Insurance Companies Who Fail to Pay Enough for Medical Care

The quality of medical care for workers' compensation beneficiaries has always been a major issue. Injured workers just don't want to go to an employer selected physician.They want to go to a doctor who provides good quality medical care and one they have confidence in. It makes good medical sense. While one concept to adjust the issue is to compel insurance carriers to pay for outcome driven results. If the doctor cures you, then the doctor should be paid in full for the reasonable value of his or her services. If the opposite, well then maybe the doctor should get paid less.

Another approach, enacted by the federal government is to compel insurance carriers to pay a certain percentage of premiums collected for medical care, instead of paying large sums for administration expenses. That could be applied to workers' compensation carriers. Instead of paying 80% of the premium to fight the claim, workers' compensation insurance companies should be compelled to pay 80% to cure the medical condition.

Read more about this concept:
HHS Unveils Medical Loss Ratio Rule (Kaiser Health Breaking News)

"The Department of Health and Human Services today released its final medical loss ratio rule. According to an HHS press release, the rule will ensure that health insurance companies spend at least 80 percent of consumers' health insurance premiums on medical care rather than on income, overhead and marketing expenses. "If your insurance company doesn't spend enough of your premium dollars on medical care or quality improvement this year, they'll have to give you rebates next year," said CMS Acting Administrator Marilyn Tavenner, in the release . "This will bring costs down and give insurance companies the incentive to focus on what matters for patients – high quality health care."

read more

...

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Selasa, 30 Agustus 2011

What Hurricane Relief Volunteers Need to Know About Workers Compensation

Hurricane relief volunteers are entitled to workers compensation benefits for injuries and illnesses that occurred as a result of their participation in relief efforts. In order to claim those benefits injured volunteers need to make sure that they follow some simple steps.

1. Make sure that they establish an employment relationship for the agency or company conducting the relief work. In other words, the volunteer, even if earning no money, must be an employee of the the company conducting the rescue and/or relief effort. The best evidence would be a written agreement that the worker is to be considered an employee of the company.

2. Report to the report if an accident or injury occurs arising out of and in the course of the employment. This report should be made as quickly as possible following the event or manifestation of illness. This should be followed up immediate with a written communication to the employer advising that an injury or illness occurred and that medical treatment, if necessary, is being sought.

3. Record the names and addresses witnesses to the even or exposure.

4. Seek medical care if required. If it is an emergency and you are unable to first notify your employer, seek medical attention first and then report the event. Most emergency rooms will record your event history and notify your employer, but that is not always the case. Therefore, advise your employer where and when you sought emergency medical care as soon as possible.

5. If you are advised by a medical profession to stay out of work, then obtain that information in writing. Make a copy of the lost time order and give the copy to your employer.

6. See the advice of an attorney at law familiar with workers' compensation matters since volunteer work in emergency situations produced a lot of complication issues. Those issue are inherited from the chaos and complications that occur in the wake of a major natural disaster such as a hurricane.

Volunteering for the hurricane relief effort is a noble gesture. Workers, in the emotional haste to assist, must also insure that they remain insured for workers' compensation benefits.

Kamis, 28 Juli 2011

Deal or No Deal: Judge Relies on Court Appointed Physician

An Appellate Court has rule that a Judge of Compensation can select an independent physician to review the need for medical treatment. It doesn't matter whether or not the parties agreed formally or informally as to the binding effect of the physician's opinion as to causal relationship and the need for treatment.

The Court has discretion to merely rely upon the physician's opinion and reach a reach a decision based upon the report. The cost of the evaluation is to be paid for by the employer /insurance carrier. Furthermore, the Court need not hold a hearing for oral argument on the issue and can reach a binding on the papers alone.

Thompson v. Quality Et al., 2011 WL 3107767, Docket No. A-1177-10T1 (NJ App. Div.) decided July 27, 2011.

Kamis, 09 Juni 2011

3 Ways Infections Become Compensable in Workmens Comp

Infections are nasty and sometimes fatal. Ill employees maybe entitled to collect workmens comp benefits for the treatment and residuals of an infection. Infections are considered communicable diseases and are contagious. There are 3 types of infections that be eligible for payment.

Infections that flow from a traumatic event are generally compensable. Even if there is a delay in seeking professional medical care the injured employee may be entitled to benefits. Sometimes the infections is dormant and does not become manifest for some time after the traumatic event that caused the injury. Preventative antibiotic treatment is sometimes recommended.

Some infections are contracted during treatment such as infection that are acquired during hospital stay. Those are called Hospital Acquired Infections (HAI). These infection are expensive to treat and are a major concern to insurance carriers and government insurance programs such as Medicare. Medicare plans to impose economic penalties on hospitals for infections, ie. staph (MRSA), that patient acquired during hospital stays.

A third type of infections are those that are the result of occupational accident and injuries. First responders and medical personnel who suffer from exposure to meningitis, strep and HIV patients. These exposures may occur by simple contamination of the work area. In California legislation has been offered to establish a presumption that hospital employees infected on the job qualify for workers' compensation benefits.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

Senin, 06 Juni 2011

NJ Urged to Adopt Single Payer System for Workmens Comp

A coalition that has been formed in NJ is urging that the Garden State follow the lead of Vermont and establish a single-payer system. Single-payer movements have already made important progress in California and Pennsylvania. The New Jersey One Plan One Nation coalition is leading the campaign in New Jersey.

Citing that in 1777 the Commonwealth of Vermont became the first sovereign state in the world to abolish slavery the coalition, the coalition is now advocating a similar nation adoption of Vermont legal precedence. On May 26, 2011. Vermont became the first state in the U.S. to commit itself to establishing a truly universal single-payer healthcare plan that includes workers' compensation medical care.

Selasa, 31 Mei 2011

Medicare to Partially Resume Workmens Comp Collection Letters

The Centers for Medicare and Medicaid Services (CMS) has announced that its recovery of benefits contractor will resume sending Medicare collection letters to attorneys in workmens compensation cases. The practice was suspended recently following the entry of a Federal Court Order enjoining some recovery practices.

CMS has a statutory obligation to seek recovery of medical benefits that it has paid to beneficiaries in those matters where Medicare is not the primary insurance carrier responsible for medical care. CMS seeks to recovery the money that it has apid from the workers' compensation insurance carrier. The process has evolved where in CMS sends notice to the attorneys in the pending workers' compensation claim seeking reimbursement at the time of resolution of the workers' compensation claim.

The Medicare Secondary Payer Recovery Contractor (MSPRC) is contracted to issue a letter know as the "Review of the Rights and Responsibility Letter" (RAR). The MSPRC has announced that the RAR letters will resume in some format on or about June 10, 2010.

Senin, 16 Mei 2011

FDA Orders Surveillance of Hip Implants

Image via Wikipedia

Hip replacements are utilized through the workers' compensation medical delivery system in an effort to cure and relieve medical conditions arising out of employment injuries and exposures. The US Food and Drug Administration (FDA) has recently announced that it is widening its roll in monitoring the hip implants. This follows a recent recall of defective hip implants.

"The FDA is continuing to gather and review all available information about currently marketed metal-on-metal hip systems, including information related to adverse events that may be associated with increase levels of cobalt and chromium in the bloodstream. To that end, on May 6, 2011 the FDA issued orders for postmarket surveillance studies to manufacturers of metal-on-metal hip systems. The FDA sent 145 orders to 21 manufacturers. Manufacturers will be required to submit a research protocol to the FDA that addresses specific safety issues related to these devices. Data from the studies conducted will enable the agency to better understand these devices and their safety profiles.

Jumat, 13 Mei 2011

Common Themes, The Green Mountain System & Newt Gingrich

Editors note: This is a re-post of yesterday's blog. Google had a systemwide issue and during their maintenance they did not restore this post.

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by NewtGingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

As the Vermont legislation goes to Governor Peter Shumlin for signing in a couple of weeks, the eyes of the nation will switch focus to the debate in Washington and the presidential race of 2012. Congress and the new administration will be required to focus on the issue of waivers that will be effective in 2014.

Newt Gingrich had advocated in the past to move the cost occupational medical care onto the backs of employees. He would relieve employers from contributing to workers' compensation medical care and Medicare.

Workers' Compensation is a summary and remedial system that affords injured workers medical care to cure and relieve medical conditions that result from occupational exposures and accidents. In most instances employees find it necessary and prudent to retain the professional assistance of an attorney to assist them in obtaining medical treatment for work related accidents and occupational exposures.

Senin, 04 April 2011

The Republican Plan: Just End Medicare

This week, the Republicans will offer a proposal that ultimately would end Medicare involvement. The plain is simply end Medicare. The proposal outlined is outlined in the Wall Street Journal today.

"The plan would essentially end Medicare, which now pays most of the health-care bills for 48 million elderly and disabled Americans, as a program that directly pays those bills. Mr. Ryan and other conservatives say this is necessary because of the program's soaring costs. Medicare cost $396.5 billion in 2010 and is projected to rise to $502.8 billion in 2016. At that pace, spending on the program would have doubled between 2002 and 2016."

Converting the program for coverage to the poor only would still not end the plans' involvement in workers' compensation and in fact may only increase it. The dichotomy between rich and poor will increase. The numbers of uninsured are growing as well as the working elderly.

It is anticipated that Medicare premium costs will continue to increase under the present plan and wealthy Americans will opt-out. This proposal will merely mean a universal opt-out plan leaving the Federal program strapped for cash. The premium base needs to be increased rather than diminished.

As Peter Rousmaniere, a noted workers' compensation commentator, recently observed, the workers' compensation program has "leaks in the system." Occupational disease claims will continue to be denied at increasing rates, and the cost shifting will merely be perpetuated from workers compensation to the taxpayers. Just ending Medicare will not solve the problems with the Workers' Compensation medical delivery system.

Minggu, 03 April 2011

Vermont Single Payer System Called the Dawn of A New Era

The proposed state based Vermont Single-Payer health care system, that would embrace workers' compensation medical care, is gaining momentum. A recent article in the New England Journal of Medicine, citing increased costs and the failure of the workers' compensation systems to provide a medical delivery system for occupational injuries, has embraced the proposal as a "Dawn of a New Era."

Selasa, 22 Maret 2011

RICO Issues Can Be Cured With A Single Payer Medical System

Guest Blog by Jon Rehm

Vermont's proposed single payer system would seperate medical care from indemnity. Vermont's single proposed single-payer system would likely also provide a primary care doctor to every resident of Vermont. This would benefit injured workers because employees would have more control over their medical care and their employers and the employers workers comp insurance companies would have less control.

In my practice, I often hear my clients who don't have insurance going to doctor's reccomended by their employers or insurance companies. These are occupational doctors. My client's with insurance are often steered away from their family doctor's to occupational medicine doctors. A leading blog written from the perpective of workers comp insurers, Workers Comp Insider states occupational doctors have a "return to work" focus. However in Colorado, Concentra, a nationwide occupational health provider is being sued under the Civil RICO statute for conspiring with Wal-Mart to unlawfully limit the medical care of Wal-Mart's employees. A "return to work focus" is a eupheism for letting employers and insuers do whatever they want in regards to the medical care of their workers. Irregardless of whether a court finds relationship between Concentra and Wal-Mart lawful, it's undeniable that employers and insurer's have a close relationship with occupational medicine doctors. By giving everyone a family doctor, the worker's doctor, not the employer's doctor will direct the workers medical payment.

The insurance industry argues that letting family doctor's control medical care will increase indemnity costs because family doctors will try to make their patient's happy by allowing them to "vacation" while collecting indemnity. But if an employee is able to work, many doctor's will tell you that working is good for over all well-being. The insurance industry also seems to assume that all doctors are bleeing heart patient advocates. This ignores the fact that doctors often share the widespread perception that injured workers are somehow "milking the system."

While the insurance companies fear of how a single payer system could change the workers' compensation system is overblown, I believe that employers would have less ability to wrongfully manipulate the care of their injured workers under a single-payer system.

Jon Rehm practices in Lincoln, Nebraska (Rehm, Bennett & Moore, PC, LLO). He concentrates his practice on representing injured workers and their families. He hold a degree in journalism from Northwestern University(B.S.) and a law degree from Nebraska College of Law(J.D.). Jon is a member of the Nebraska State Bar Association, the Nebraska Association of Trial Attorneys and the Workplace Injury Law Advocacy Group.

Jumat, 18 Maret 2011

Industry Coalition Wants to Cut CMS Conditional Payments

A group of about 50 employers, insurance carriers and vendors have formed a coalition to endorse legislation (H.R.1063) introduced this week that would ease reporting requirements and reimbursement procedures of the Centers for Medicare and Medicaid (CMS). The organization, the Medicare Advocacy Recovery Group [MARC], contends that the proposed legislation will:

"Empowering Medicare to provide settling parties with the amount of their MSP repayment obligation during the settlement process, will allow taxpayers to settle quicker, and repay the Medicare Trust Fund faster.
"MSP Reform will provide a more affordable and less intrusive MSP system that protects beneficiaries and the Medicare Trust Fund, but does not waste limited judicial and other resources or needlessly confuse parties trying to settle a claim resulting from an injury to a beneficiary.
"MSP Reform will also eliminate the required use of Social Security Numbers (SSNs) and Health Insurance Claim Numbers (HICNs) in the reporting process, create a basic right of appeal for all parties to resolve a CMS MSP determination, clarify the statute of limitations, and require the CMS Actuary to determine a threshold below which the recoveries are so small it makes no sense to apply the complex MSP laws.

Theoretically it sounds like the change would create a more efficient system to establish: time limits for claim reimbursement; a statute of limitations for liability (3 years); an avenue for redress directly to the judicial system; and a threshold amount for reimbursement. However, the proposal would actually defeat the basic philosophy of the workers' compensation act.

The convoluted logic of the employer/insurance group just makes no sense. It is like saying that I didn't bother buying enough postage on a timely basis so I will just mail my letter at half-price. The universal legislative intent of workers' compensation act mandates that the employer is responsible for medical care of its injured workers. The insurance industry has tried other gimmicks before to continue its long history of cost shifting, and those have rightly failed as Congress wouldn't buy into them.

While employers and insurance carriers delay and deny compensation benefits, shifting the cost to the taxpayers through depletion of the Medicare system, is both offensive and repugnant. If the coalition wants to ride the carousel of "it's not how long, but how much," in doling out benefits, then they should not blame CMS for delays and penalties, caused by the coalition's own failure to report on a timely basis in the first place.

Selasa, 15 Maret 2011

Worker's Comp, Walker, and Wisconsin’s Wailing

Guest Blog by Thomas M. Domer

What’s the connection between worker’s comp and Wisconsin Governor Walker’s assault on public sector bargaining rights? The immediate effect is that public sector workers will earn less money, and when hurt on the job, get less worker’s comp benefits. Over the longer term, denying the unions’ right to bargain over health benefits and working conditions will have significant effects.

Many public sector workers (cops, firefighters, teachers, city and county workers), will fall into the “no health insurance” heap that affects many private sector employees currently. When their claims are denied by the self-insured employer (the city, county, or school district), employees will not be able to get timely needed medical care for their injuries. And, to be sure, cities, counties and school districts will be under tons of political pressure to tighten their belts and budgets by denying claims with greater frequency. Lastly, since unions won’t be able to bargain over working conditions, safety issues will arise at a predictably larger rate. Workers will be at risk by the “corner-cutting” measures put in place by the budget slashing, no tax increase political mandate the ruling party possesses.

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

Sabtu, 26 Februari 2011

Court Rules Social Security Offset Not Barred by Time

A NJ Court of Appeals has ruled that the reverse-offset permitted under Federal law was allowed to be asserted by an insurance carrier years after an original workers' compensation judgment was entered. Even though the employee pleaded that the insurance company had sat on its rights for years, and done nothing to assert the offset, the Court maintained that the insurance company was entitled to reclaim the benefits it had overpaid.

Since the information provided by parties to define the numerical offset was lacking, and the decision below lacked "specific reasons and analysis," the matter was remanded for further proceedings.

NJ is one of the states that elected to have the insurance company / employer take the offset under the options available in 1980. Most states allow Social Security to take the offset.

Gonzalez v Bristol-Meyers Squibb, 2011WL611722, Docket No. A-2187-09T3 (NJ App Div 2011)

Senin, 21 Februari 2011

Obama Care for All

Over half our injured worker clients do not have health insurance. Many work for employers who do not provide health insurance, and they simply cannot afford private insurance on meager wages.

Since workers do not have group health insurance coverage, they are denied access to the medical care they need when their injury claims are denied by the worker's compensation insurer. And their claims are routinely denied based on the comp carrier's "hired gun" adverse medical examiner or reviewer. Understandably, hospitals and doctors, who have "bottom line" issues to face, will not provide treatment without some assurance of "upfront" payment, leaving injured workers in the lurch.

Wisconsin injured workers are fortunate that our State law provides a potential remedy for "prospective treatment"; a judge can order a worker's compensation insurance company to pay for treatment (including diagnostic testing, surgery, etc.). But the time lapse in waiting for a hearing (40-6 months) and inevitable insurance company appeal (another potential 6-8 months), realistically means that necessary treatment goes wanting. Injured workers without some insurance alternative to workers compensation suffer while waiting for treatment. Universal health insurance coverage provides an answer to this dilemma.

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

Sabtu, 12 Februari 2011

Published: 2011 Workers' Compensation Law Treatise

The 2011 Supplement to Gelman on Workers' Compensation Law has been published and is shipping. Now in its third edition, the 3 volume hard-bound series, provides a comprehensive analysis of workers' compensation law. Published by West Publishing, a business of Thomsom-Reuters, it is totally integrated into the West citation system and Westlaw® research system. The series and updates may be ordered in hardbound, CD-Rom and/or accessed thorough the Westlaw® research system.

What's New

The newly enacted statutory changes to the New Jersey Workers’ Compensation Act and promulgated Rules permitting Emergent Medical Care Motions, new registration requirements for insurers, and new judicial enforcement powers of Judges of Compensation, including sanctions and contempt powers, are contained in this supplemental material. The judicial decision imposing direct liability against an insurance carrier for delay and/or denial of medical treatment is discussed.

An analysis of the newly adopted procedures for the reimbursement of conditional payments established by Medicare and the protocols to co-ordinate workers’ compensation claims with the Centers for Medicare and Medicaid Services is contained in this supplement. The materials also provide the authorizations required to obtain conditional payment information from the Coordinator of Benefits. Debt collection referral to the Department of the Treasury is also reviewed.

The new Community and Worker Right to Know material has been incorporated into this supplement. The current hazardous substance lists and the substances that have been deemed extremely dangerous are provided.

The supplement reviews new case law concerning electronic cancellation of coverage as well as the standard for claims to be considered casually related to the employment.

The judicial interpretation of the Exclusivity Doctrine is discussion in light of the dual capacity status of a household contact / bystander and also former employee. The evidential requirements in latent occupational claims is reviewed.

The mandatory reporting requirements of the SCHIP Extension Act of 2007 are described as well as the appeal procedure under the reimbursement provision of the Medicare Secondary Payer Act.

These pocket parts provide information concerning the requirements for medical monitoring in workers’ compensation claims. It discusses. the Asbestos Fund, which has been established for those entities where workers’ compensation coverage cannot be established. The newly designed forms that need to be utilized in filing for benefits are included. Also, the recently modified Motion for Temporary and Medical Benefits, including a form Certification, is provided and discussed.

The newly revised Judgments for Total and Permanent Disability are provided in this pocket part. The Judgments include new refinements in offsets for pensions and Social Security disability benefits. Reviewed also is the “intentional wrong exception” to the Exclusivity Bar which has been the subject of new workers’ compensation insurance policy language and regulation.

The recently promulgated administrative rules governing the disposition of Temporary Disability Benefits are discussed. The non-duplication of benefits provisions are reviewed including the multiple agency adjudication process. An expansion of benefits available to Federal public safety officers is reviewed in this supplement.

Collateral medical benefit issues are discussed in light of the recent Supreme Court decision concerning this matter. The pocket parts include a Motion to Join the Collateral Health Carrier and provide sample Certifications to be used in support of the application. New pleadings issued by the Division of Workers’ Compensation in the area of medical payment and reimbursement claims are provided and commented upon in these materials.

Additionally, these pocket parts provide information concerning the new Rules of the Division of Workers’ Compensation embodying electronic filing requirements and new procedures involving both formal and informal proceedings, motion practice, post judgment process, and judicial performance. The expanded Medicare secondary reporting requirements and the mandatory coordination of benefits are reviewed in this supplement. The recovery aspects of Medicare conditional payments as well as future medical provisions are updated and discussed. The new Child Support Lien distribution forms, computation worksheets and judgments are provided and explained in depth. The NJ Supreme’ Court ruling and the legislative enactments are discussed concerning same sex couples and the availability of workers’ compensation benefits.

This supplement reviews the newly promulgated Rules concerning the Uninsured Employers’ Fund and audio and video coverage of workers’ compensation proceedings. The horrific tragedy of September 11th, 2001 and the impact it has upon the Workers’ Compensation system is discussed. This supplement reviews the newly enacted Smallpox Emergency Protection Act as well as recent court decisions concerning acts of terrorism. The subsequent legislative changes enacted in response to potential terrorist threats are reviewed, including the Public Safety Officers’ Benefit Act as well as the liberalized legislative enactments involving rescue workers and medical personnel.

The far-reaching ramifications of the newly enacted healthcare reform legislation are reviewed. The new prototype occupational medical care program, encompassing potential occupational exposure claims, is presented in this supplement.

The impact of the newly promulgated Federal rules and regulations concerning medical record privacy and compliance with the Health Insurance Portability and Accountability Act (HIPPA) medical authorization requirements are reviewed in this supplement and model forms are furnished. The recently enacted statutory workers' compensation coverage options available to proprietors and partners are discussed. The supplement reviews the recent court decisions expanding the responsibility of the Second Injury Fund for pre-existing medical conditions in cases in which latent diseases become manifest during retirement. The statutory enactments concerning State Temporary Disability Benefits are reviewed. The recently amended Energy Employees Occupational Illness Compensation Act is explained in detail and forms are furnished and discussed.

The new administration and management of claims arising from insolvent workers’ compensation insurance is covered in this pocket part.

The recent Supreme Court decisions concerning the high judicial threshold for evaluation of scientific evidence are analyzed. The requirements for proof of scientific evidence in complex workers’ compensation cases are discussed including the admissibility of testimony from non-physicians experts. Furthermore, the evolving and expanding issues concerning medical monitoring are reviewed.

This pocket part also discusses recent changes in the application for counsel fees. The supplement includes the newly promulgated administrative directive embodying those changes.

To Order

The series and updates may be ordered in hardbound, CD-Rom and/or accessed thorough the Westlaw® research system.

More Information
Table of Contents Supp. 2011
Index, Supp. 2011
Summary of Contents

Related articles

Kamis, 05 Januari 2012

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

Jumat, 09 Desember 2011

Jumat, 02 Desember 2011

Selasa, 30 Agustus 2011

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

Kamis, 28 Juli 2011

Related articles

Kamis, 09 Juni 2011

Senin, 06 Juni 2011

Related articles

Selasa, 31 Mei 2011

Senin, 16 Mei 2011

Related articles

Jumat, 13 Mei 2011

Senin, 04 April 2011

Related articles

Minggu, 03 April 2011

Related articles

Selasa, 22 Maret 2011

Related articles

Jumat, 18 Maret 2011

Selasa, 15 Maret 2011

Related articles

Sabtu, 26 Februari 2011

Related articles

Senin, 21 Februari 2011

Related articles

Sabtu, 12 Februari 2011