Work-Accident -Compensation Accident Claim Work: New Jersey

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Kamis, 26 Januari 2012

EPA Issues Annual Report on Chemicals Released Into Land, Air and Water in New Jersey

The U.S. Environmental Protection Agency issued its 25th annual report on the amount of toxic chemicals released in 2010 to the land, air and water by industrial facilities in New Jersey. The Toxics Release Inventory (TRI) report covers 411 New Jersey facilities that are required to report their releases to the EPA. Total releases of chemicals in New Jersey were higher in 2010 than in 2009. A significant portion of the 2009-2010 increase was due to increases in wastewater being discharged from the DuPont Chambers Works, Conoco Phillips and Paulsboro Refining Co. LLC.

“Transparency is a powerful tool,” said EPA Regional Administrator Judith A. Enck. “The Toxics Release Inventory allows the public and policymakers to better understand the pollutants released to our air, water and land each year and gives them the information they need to take action in their communities. The data that was released is a reminder of how important TRI has been in helping us create a healthier environment, and the work still needed to be done to reduce industrial pollution.”

Last year marked the 25th Anniversary of the Toxic Release Inventory. In 1986, New Jersey Senator Frank R. Lautenberg authored the legislation that established TRI, which was signed into law as part of the Emergency Planning and Community Right-to-Know Act. Since that time, TRI data has been provided to the public annually to inform the public about the chemicals present in their local environment and gauge environmental trends over time. The inventory contains the most comprehensive information about chemicals released into the environment reported annually by certain industries and federal facilities. Many of these facilities are required to install and maintain pollution controls to meet the limits on pollution set forth in their permit.

Facilities must report their toxic chemical releases by July 1 of each year. EPA made a preliminary set of data for 2010 available in July 2011, the month the reported data was collected. Nationally, over 20,000 facilities reported on approximately 650 chemicals for calendar year 2010.

EPA has improved this year’s TRI national analysis report by adding new information on risks, facility efforts to reduce pollution and details about how possible economic impacts could affect TRI data. With this report and EPA’s Web-based TRI tools, the public can access information about the disposals and releases of toxic chemicals into the air, water, and land that occur in their communities.

To view an area fact sheet, visit: http://www.epa.gov/triexplorer/statefactsheet.htm

Jumat, 09 Desember 2011

NJ Public Employee Pensions Headed for Major Changes

S3123 Replaces TPAF, PERS, PFRS and SPRS accidental disability benefits with reduced work-related disability benefit; modifies JRS disability benefit.

12/1/2011 Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
12/9/2011 Reviewed by the Pension and Health Benefits Commission Recommend to enact with changes:

The Commission supports enactment of the bill with suggested modifications: 1) an increase in the work-related disability benefit of 40% should be considered for the most traumatic injuries that result in total disability; 2) a description of the level of medical coverage available in each system would be beneficial; 3) a monitoring of a potential shift to Workers Compensation awards would help identify any unintended costs that might result, and; 4) a change from the words “mental retardation” to “intellectual disability” would appear to be consistent with P.L.2010, c.50.

Read The Pending Legislation: S-3123

"This bill replaces the accidental disability benefit available to members of the Teachers’ Pension and Annuity Fund (TPAF), the Public Employees’ Retirement System (PERS), the Police and Firemen’s Retirement System (PFRS) and the State Police Retirement System (SPRS) with a new work-related disability benefit that is the same as the TPAF, PERS, PFRS and SPRS ordinary disability benefit of 1½% of compensation for each year of service but no less than 40% of compensation.

"In order to qualify for a work-related disability benefit, the member must receive a workers’ compensation award of permanent disability. The requirement for a medical examination may be waived when the Division of Workers’ Compensation in the Department of Labor and Workforce Development has determined that the member is 100% totally and permanently disabled.

Senin, 05 Desember 2011

NJ Bill Passes Assembly to Increase Awards for Hand and Feet Injuries

NJ Bill Passes Assembly to Increase Awards for Hand and Feet Injuries
The bill has been sent to Gov. Christie for signature.

NJ is one of the few state that does not follow the AMA Guidelines in determining disability. Disability is scheduled and based on complaints, functional loss and evaluation by the hearing official.

Identical Bill Number: S676
Last Session Bill Number: S639 (1R) A1581

This bill increases the amount of workers' compensation paid in certain cases for the loss of a hand, or thumb and first and second fingers (on one hand) or four fingers (on one hand) or a foot, as follows:

1. If a loss of function of a hand is determined to be a 25% or more loss of use, the award of workers’ compensation shall be calculated based on a maximum of 300 weeks of compensation for a 100% loss of function; and

2. If a loss of function of a foot is determined to be a 25% or more loss of use, the award of workers’ compensation shall be calculated based on a maximum of 275 weeks of compensation for a 100% loss of function.

Under current law, the maximum award for the loss of a hand is 245 weeks and the maximum award for the loss of a foot is 230 weeks.

Egan, Joseph V.   as Primary Sponsor
Evans, Elease   as Primary Sponsor
Wisniewski, John S.   as Primary Sponsor
Giblin, Thomas P.   as Primary Sponsor
Spencer, L. Grace   as Co-Sponsor

9/16/2010 Introduced, Referred to Assembly Labor Committee
11/28/2011 Reported out of Assembly Committee, 2nd Reading
12/5/2011 Substituted by S676

Statement - ALA 11/28/11 - 2 pages PDF Format    HTML Format
Fiscal Estimate - 12/5/11; as introduced - 3 pages PDF Format    HTML Format
Introduced - 9 pages PDF Format    HTML Format

Committee Voting:
ALA 11/28/2011 - r/favorably - Yes {6} No {2} Not Voting {0} Abstains {1} - Roll Call

The legislation was previously approved by the NJ Senate.

Identical Bill Number: A3166 Last Session Bill Number: S639 (1R) A1581 Sarlo, Paul A. as Primary Sponsor Gill, Nia H., Esq. as Primary Sponsor Egan, Joseph V. as Primary Sponsor Evans, Elease as Primary Sponsor Wisniewski, John S. as Primary Sponsor Giblin, Thomas P. as Primary Sponsor Scutari, Nicholas P. as Co-Sponsor Spencer, L. Grace as Co-Sponsor


1/12/2010 Introduced in the Senate, Referred to Senate Labor Committee 2/18/2010 Reported from Senate Committee, 2nd Reading 2/22/2010 Passed by the Senate (24-12) 2/25/2010 Received in the Assembly, Referred to Assembly Labor Committee 11/28/2011 Reported out of Assembly Committee, 2nd Reading 12/5/2011 Substituted for A3166 12/5/2011 Passed Assembly (Passed Both Houses) (59-15-4) Introduced - 9 pages PDF Format HTML Format Technical Review Of Prefiled Bill - 8 pages PDF Format HTML Format Statement - SLA 2/18/10 - 1 pages PDF Format HTML Format Fiscal Estimate - 3/1/10; as introduced - 2 pages PDF Format HTML Format Statement - ALA 11/28/11 - 2 pages PDF Format HTML Format Committee Voting: SLA 2/18/2010 - r/favorably - Yes {4} No {2} Not Voting {0} Abstains {0} - Roll Call ALA 11/28/2011 - r/favorably - Yes {6} No {2} Not Voting {0} Abstains {1} - Roll Call Session Voting: Sen. 2/22/2010 - 3RDG FINAL PASSAGE - Yes {24} No {12} Not Voting {4} - Roll Call

Selasa, 11 Oktober 2011

NJ Rating Bureau Seeks 6.9% Workers Compensation 2012 Rate Increase

Also New 2012 Benefit Rates: "As of Jan. 1, 2012, minimum weekly benefits in New Jersey will increase to $216 from the current $211, while the maximum benefit will increase to $810 a week from the current $792."

News Report From Business Insurance Click Here

Kamis, 01 September 2011

Who Is Paying the Premiums for Workers Compensation Anyway

Employes have been subject to "give backs" and "add on" costs for decades, but now employers want to shift the cost of workers compensation insurance to employees. The intent of the workers' compensation act was to shift the costs of workers' compensation coverage to the consumer of the product and/or user of the service and not the employee.

A recent Massachusetts Judge reiterated that principle, but left open the question as to whether the employee could consensually contract to accept the costs of workers' compensation coverage. If this occurs, it is ultimately a "deal breaker."

Cost shifting of workers' compensation coverage is a dangerous precedent going to the heart of the initial promise made to workers in creating the system. Is is against "public policy," and defeats the Legislative intent of the act. While the economy is soft and the workers' compensation system in a weakened condition it is not time to abandon ship unless a more creative approach for reform of the entire system comes into play. As jobs remain scarce, the process would not be consensual, but merely coercion. Shifting the cost would ultimately remove the deterrent effect for unsafe workplaces, and yet is another reason why employers and ultimately consumers should remain responsible for workers compensation costs.

See: Awuah v. Coverall North America, Inc.,--- N.E.2d ----, Mass. , 2011 WL 3805255, Mass., August 31, 2011 (NO. SJC-10829)

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

Zadroga 9-11 Compensation Fund To Accept Claims October 3rd

The 9/11 Zadrogra Compensation Fund is scheduled to start accepting claims for compensation on October 3, 2011. Announcement of the publication of the Final Rule was just announced.

With the 10-year anniversary of Sept. 11, 2001, approaching, September 11th Victim Compensation Fund (VCF) Special Master Sheila L. Birnbaum today announced the final rule governing the fund. Since issuing the proposed regulations in June 2011, Special Master Birnbaum has reviewed formal comments and met with, and received feedback from, hundreds of New York-area residents, workers and first responders at town hall meetings held in New York and New Jersey.

For more information about The 9/11 Fund claims click here.

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.

Senin, 29 Agustus 2011

Pensions, Workers Compensation and Medical Benefits

The State of New Jersey has taken assertive action to guarantee medical benefits to injured workers for their lifetimes even though they are receiving accidental injury pensions. The Director has issued an Administrative Directive requiring language to literally toll the statute of limitations and permit the Division of Workers' Compensation to retain jurisdiction over such matters where the injured worker has accepted the continuing medical benefit option.

"Petitioner has been awarded and accepted an accidental disability pension effective _(date)_. To resolve the workers' compensation case, petitioner and respondent have agreed to provide petitioner with reasonable and necessary medical treatment for injuries related to the _(date)_ accident. This Order for continuing medical benefits shall not be subject to the two year statute of limitations and such medical benefits shall continue for the life of the petitioner or until further order of this court."

By statute, workers' compensation awards are offset by pension awards. The medical issue remains open usually and medical benefits remain the responsibility of the employer. The medical issue becomes a complication when costs are attempted to be shifted to collateral medical carriers or Medicare. The subsequent reimbursement issue then generates medical lien claims that must be litigated. The incorporation of the language will greatly clarify responsibility and expedite medical care and payment.

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, 05 Juli 2011

Employers Prohibited From Seeking Reimbursement From a Public Entity

A New Jersey appeals court has held that an employer or insurance carrier is prohibited from seeking reimbursement from a public entity resulting from a work related claim. Only a direct action may be brought by an employee against a public entity.

"Relying on Travelers, supra, 169 N.J.Super. at 415, Judge Casale held that where, as here, a public entity is the third-party tortfeasor, the Tort Claims Act (TCA), N.J.S.A. 59:9-2(e), bars subrogation by the employer or its worker's compensation carrier. That section provides: "No insurer or other person shall be entitled to bring an action under a subrogation provision in an insurance contract against a public entity or public employee." Ibid.

"It is clear that N.J.S.A. 34:15- 40 not only permits subrogation recovery from the employee, but would allow a lawsuit directly against the third-party tortfeasor. N.J.S.A. 34:15-40(f). However, in enacting the TCA, N.J.S.A. 59:9-2(e), the Legislature intended that the cost of worker's compensation payments should not be shifted to a public entity that happened to be a third-party tortfeasor. Instead, those costs were to be absorbed by the worker's compensation insurer. Travelers, supra, 169 N.J.Super. at 415.

Thomas v The City of East Orange, Docket No. L-6929-09, 2011 WL 2582550 (N.J.Super.A.D.) Decided July 1, 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.

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.

Senin, 09 Mei 2011

Missouri, The Second Injury Fund and Paying Up

The St. Louis Post Dispatch today called upon the State of Missouri to do the right thing and stop hold injured workers hostage. In an editorial it declares that injured workers should receive benefits that they have been awarded un the Missouri workers' compensation Second Injury Fund which is now underfunded and unable to meet payment.

Citing the flight of an injured iron worker, Harold Frick, it calls for immediate payment now and compromise going forward to resolve the economic issues facing the Missouri workers' compensation system. Like most workers' compensation systems throughout the US, Missouri's system is facing serious economic challenges as it is confronted by a declining economic base upon which to draw premiums to support the system,

In order to insure that workers who have been injured previously can obtain gainful employment, the many legislatures created a second injury fund to insulate subsequent employers from responsibility for prior disability if the employee in question became totally disabled from a compensable accident or event during the last employment. The fund was established to encourage the employment of the handicapped by alleviating the burden placed upon the employer for compensation benefits should the injured worker become totally and permanently disabled. A question now exists on how to finance these funds that have disolved already in many jurisdictions.

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.

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Rabu, 16 Februari 2011

Court Holds Parties May Assert A Third Party Lien Against Lump Sum Payment

A NJ Court of Appeals has held that parties may stipulate, as part of a workers' compensation settlement, that a third party lien may be asserted against a lump sum payment. A workers' compensation settlement contracted into by the parties, and approved by a Judge of Compensation, supersedes the statutory prohibition against the assertion of a lien on such proceeds.

Statutorily workers' compensation settlements made pursuant to NJSA 34:15-20 are immune form the assertion of a third party recovery lien made in accordance with a settlement under NJSA 34:15-40. As part of the workers' compensation settlement, the parties stipulated to the assertion of a third party recovery lien, and the Appellate Court held the contractual agreement made between the parties to be valid.

"The resolution of plaintiff's claims, including retention of the Section 40 lien, was negotiated as a material part of the settlement. A settlement agreement between parties in litigation is a contract. Nolan v. Lee Ho, 120 N.J. 465, 472 (1990) (citing Pascarella v. Bruck, 190 N.J.Super. 118, 124- 25 (App.Div.), certif. denied, 94 N.J. 600 (1983)). Accordingly, American Style's right of reimbursement on the $50,000 is contractual rather than statutory.

"Significantly, Calle acknowledged under oath his understanding that a Section 40 lien amount of $50,000 of the money ... [was] reservable by the insurance company as pay back for authorized treatment. This money will come from the part of the case that was handled by [the Law Firm in the Superior Court action] should they have a financial recovery.

"The parties relied upon that understanding when they entered into the settlement agreement. It would be inconsistent with the agreement and unjust to permit Calle to repudiate that understanding after the fact. See Knorr v. Smeal, 178 N.J. 169, 178 (2003) (observing that estoppel "is designed to prevent injustice by not permitting a party to repudiate a course of action on which another party has relied to his detriment").

The effect of this ruling will ultimately dilute, yet again, the value of a workers' compensation award globally. Claimants and their attorneys will be hard pressed to avoid the the inclusion of the stipulated waiver in Section 20 settlements since the alternative route would be the trial of a claim where the statutory lien mandated under NJSA 34:15-40 would be applied.

DANIEL AQUILINO CALVA CALLE Administrator ad prosequendum of the Estate of CHRISTIAN DANIEL CALVA SIGUENA, Deceased and DANIEL AQUILINO CALVA CALLE individually v. HITACHI POWER TOOLS, AMERICAN STYLE CONSTRUCTION, INC HITACHI KOKI, USA , LTD., DOCKET NO. A-1015-09T1--- A.3d ----, 2011 WL 499345 (N.J.Super.A.D.)

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

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Selasa, 21 Desember 2010

New Jersey Launches Workers' Compensation Centennial Celebration

Next year, 2011, marks the 100th anniversary of the enactment of the NJ Workers' Compensation Act. For a century, the State has embraced a no-fault system that has provided benefits to injured workers in a summary fashion.

Peter J. Calderone, Director and Chief Judge has announced that A Celebration and Recognition Dinner is planned on May 17, 2011 and a no fee Seminar with CLE credits at all vicinages will be held on May 2, 2011.

Minggu, 19 Desember 2010

Medical Witness Cannot Be An Advocate - Knee Replacement Surgery Authorized

A workers' compensation medical witness is not permitted to be become an advocate. A Judge of Compensation disregarded an insurance company medical witness when the medical expert "crossed the line from being a medical witness to an advocate."

In reaching her decision, Diana Ferriero, Judge of Compensation, rationalized that the insurance company's medical expert by the "convoluted cover letter sent by respondent counsel," along with medical records on the injured worker.

The injured employer suffered two work related accidents as a mechanic for American Airlines. The first accident in to the right knee occurred in July 2004 and resulted in a partial menisectomy and no prolonged sequelae. The worker was symptom free until a second accident in January 2007when he slipped and fell on both knees and hands. The insurance company authorized 28 medical office visits, 15 Hyalgan injections, 14 aspirations and physical therapy for treatment to his right knee. A diagnosis was made by the treating physician and the insurance company refused the injured worker a total knee replacement claiming that the medical condition was unrelated to the 2nd accident of January 2007.

The workers' compensation Judge ordered an independent medical evaluation by a renowned specialist in knee and hip replacements, Mark A, Hartzband of the Hackensack University Medical Center. The judge concluded that, "Dr, Hartzband opined that petitioner's need for a right total knee replacement was directly and causally related to the accident of January 17, 2007."

The court also found that the insurance company's treating physician, who opined that the 2nd accident was unrelated to the need for a knee replacement, was "disingenuous given the contents of his office chart," and reasoned that the insurance company's authorized treating physician did not have an understanding of arthritis and its progression.

The court granted the injured workers' motion for medical treatment, evaluation and scheduling of the right knee replacement, and ordered the payment of temporary medical benefits.

Pepe v. American Airlines, CP No. 2008-5878, NJ DWC 2010), Decided November 11, 2010.

Minggu, 12 Desember 2010

Workers Compensation Benefits for Breast Cancer to Be Law in Manitoba

The Canadian Province of Manitoba is about to enact a law recognizing breast cancer to be a compensable condition for female firefighters. The legislation, will also provide workers' compensation for prostate cancer, melanoma and multiple myeloma.

The Canadian Broadcasting System (CBC) reports that, "The risk of developing breast cancer is three to five times greater in a female firefighter than in the general population, Forrest said, noting 'at every fire there are more than 200 known carcinogens that are connected to breast cancer.'"

Rabu, 03 November 2010

The Election Validates A New Approach to Workers Compensation

The recent election results confirm that a new approach to handling the century old workers' compensation is needed and that some definite trends are developing.

Washington State: The insurance industry initiative for privatization was defeated.

New Jersey: The constitutional amendment to prohibit raiding the Second Injury Fund revenue was passed.

California: Jerry Brown was elected governor and the Republican assault on the state compensation system rejected.

Nevada: Harry Reid was re-elected validating the innovated "Libby Health Care" Plan for medical care for occupational illness and the Federalization of the program and the US Senate's initiative.

New York: Andrew Cuomo was elected governor and revision is likely of the administrative assault on workers' rights.

Nationally, the soaring US deficit, and a State system that continues to fail to deliver health care to occupationally injured workers, will eventually need to be addressed by Congress. The 2008 strong Democratic mandate has not evaporated. The Democrats still control the Senate (51-D v 46-R) and downtown at White House. The newly acquired House Republican majority (234-R v 180-D) is instilled with the chaos of an unsettling newly emerging third party, Tea Party, alliance.

The course ahead still remains promising for enacting a unified and coordinate program to help injured workers obtain medical care for occupational diseases on a timely and effective basis without breaking the bank. The vision of a coordinated epidemiological research program to prevent occupational disease and insure safe working conditions remains hopeful.

.....

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 work related accident and injuries.