(c) 2018 Jon L Gelman, All Rights Reserved.

Thursday, January 18, 2018

Credibility is Essential Where Superseding Intervening Events Exist - Unpublished Opinion

Credible evidence is essential in the proof of a workers’ compensation case. To prove a case at trial the parties must offer credible evidence to the trier of the facts, especially where there appears to be a laundry list of intervening and superseding events since the time of the accident at work.

Monday, January 15, 2018

CMS to Host Webinar: Commercial Repayment Center Contractor Transition

Commercial Repayment Center Contractor Transition Webinar for Non-Group Health Plans on Thursday, January 18, 2018 

Effective February 8, 2018, a new contractor will assume the responsibility of the Medicare Commercial Repayment Center (CRC) functions.

Sunday, January 14, 2018

Subrogation Notice Must Be Timely - Unpublished Decision

A NJ Appellate Court barred a subrogation claim made by an employer against a 3rd party for failure to give timely notice to the injured worker. The notice provisions of the NJ statute were strictly enforced.

An employer may bring a lawsuit, in the name of the injured worker or dependents,  against a wrongful third-party to recover workers’ compensation benefits paid, if the employee fails to bring an action within one year of the date of the accident. 

Friday, January 5, 2018

Adopted New Code of Conduct for NJ Judges of Compensation

A public hearing on the proposed repeals, amendments, and a new rule was held on October 3, 2017, at the Department of Labor and Workforce Development, John Fitch Plaza, Trenton, New Jersey. David Fish, Executive Director, Legal and Regulatory Services, was available to preside at the hearing and to receive testimony. There were no attendees at the public hearing and the Department received no written comments. The hearing officer recommended that the Department proceed with the repeals, amendments, and new rule, without change.

Friday, December 29, 2017

2018 May Bring Reduced Lead Exposure in the Workplace

Lead paint exposure and resulting illness in the workplace may be reduced following a Federal 9th Circuit Court of Appeals decision this week. The Court mandated that the United States Environmental Protection Agency act upon a rulemaking petition concerning dust-levels and lead-paint standards.

Thursday, December 28, 2017

ACE Work Boots Recalled by Shoes for Crews Due to Injury Hazard (Recall Alert)

The work boots were advertised as puncture-resistant, but were not manufactured with the puncture-resistant plate, posing an injury hazard to users. ACE Work Boots Recalled by Shoes for Crews Due to Injury Hazard (Recall Alert)
ACE Work Boots Recalled

Consumers should immediately stop using the recalled boots and contact Shoes for Crews for instructions on receiving a full refund. The firm is contacting all known purchasers directly.

About 4,300

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

New Jersey Workers' Compensation Maximum Rates to Increase in 2018

In accordance with the provisions of N.J.S.A. 34:15-12.a, the maximum workers' compensation benefit rate for temporary disability, permanent total disability, permanent partial disability, and dependency is hereby promulgated as being $903.00 per week.