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Showing posts with label workers' compensation. Show all posts
Showing posts with label workers' compensation. Show all posts

Friday, July 14, 2023

State of New Jersey Failed to Address Deficiencies in $96 Million Workers’ Compensation Program

A report released today by the Office of the State Comptroller (OSC) finds that the agency that manages workers’ compensation claims filed by state employees failed to remedy deficiencies identified three years ago. As a result, the State faces a greater risk of preventable workplace injuries, spurious claims, and wasted tax dollars.

Thursday, July 6, 2023

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

Saturday, July 11, 2020

Audit of NJ Division of Risk Management Reveals Deficiencies

A recent audit highlights deficiencies in the handling of workers’ compensation claims of NJ State employees. The State of New Jersey is self-insured for workers’ compensation claims and they are managed by the Department of Treasury Division of Risk Management.

Monday, February 10, 2020

Order Now: Workers' Compensation Law 2020 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law has been published by West Group of Egan, MN. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.

Friday, January 4, 2019

US EPA Continues to Shield the Asbestos Industry

Trump EPA Moves To Shield Info on Asbestos Imports and Use From Public

The Trump administration has denied a petition by a coalition of environmental groups calling for increased reporting of asbestos importation and use by U.S. manufacturers – despite a sharp rise in asbestos imports into U.S. ports.

Thursday, November 8, 2018

The Workplace is Getting Safer - The Future of Workers' Compensation

The US Bureau of Labor Statistics has confirmed the steady decline in accidents and injuries on the job. They have declined for 14 years. This data mirrors the steady decline of workers' compensation claims and the change of the US workplace from a manufacturing to service. 

Monday, October 23, 2017

Electronic Medical Bills for Workers' Compensation Claims

The State of NJ has recently adopted an "electronic medical bill" process. N.J.S.A. 34:15-144, P.L 2016, c. 64. On October 16, 2017, Regulations were proposed to implement the Statute. Public Hearing will be held on Tuesday, November 14, 2017, 10:00 A.M. to 12:00 Noon.  The deadline for written comments is December 15, 2017.

Sunday, October 8, 2017

NASI Study: Employers & Employees Lose With Workers' Compensation

WASHINGTON, D.C. – Workers’ compensation employer costs as a share of payroll declined in 2015, reversing a four-year trend, and benefits as a share of payroll fell for the fourth straight year, according to a new report from the National Academy of Social Insurance (the Academy).

Thursday, June 15, 2017

Safeguarding Injured Workers From Cybersecurity Breaches


Under new Federal proposals, injured workers will be protected from cybersecurity breaches. The impact will be greater responsibilities and costs for law firms and, employers and their insurance companies.

Wednesday, April 12, 2017

An Increase Predicted of Reported Mesothelioma Cases

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.

Saturday, February 11, 2017

The Promise of State Initiatives to Prevent Long Term Work Disability

Every year, millions of Americans suffer from medical conditions that affect their ability to work. This puts them at risk of losing their jobs or being forced to rely on Social Security Disability Insurance (SSDI). States could help many of these workers stay in their jobs, but promising options for doing this remain largely untested. The five states with state-mandated short-term disability benefits— California, Hawaii, New Jersey, New York, and Rhode Island—are promising settings for such tests.

Monday, December 5, 2016

Social Security Disability Trending Downward


click on graph to see underlying data

Both Social Security Disability Applications and Social Security Disability Awards are now trending downward. Additionally, terminations from Social Security Disability Awards are now trending upward (8.62%) according to November 2016 statistics released by the Social Security Administration.

Friday, December 2, 2016

Insurance Rating Company Increases Estimate for Net Ultimate U.S. Asbestos Losses to $100 Billion

A.M. Best has increased its estimate for losses that U.S. property/casualty insurers can ultimately expect from third-party liability asbestos claims by approximately 18% to $100 billion. The $15 billion increase to the net ultimate asbestos loss estimate comes as insurers are incurring approximately $2.1 billion in new losses each year while paying out nearly $2.5 billion on existing claims. The updated figures are contained in a new Best’s Special Report, titled “A.M. Best Increases Estimate for Net Ultimate Asbestos Losses to $100 Billion.” The report also states that A.M. Best is not making any change to its $42 billion estimate on net ultimate environmental losses; therefore, A.M. Best’s view of ultimate industry losses for asbestos and environmental (A&E) is now $142 billion.

Thursday, December 1, 2016

Cybersecurity is an imminent and costly threat to lawyers and their clients

Cybersecurity is a critical issue in handling the workers’ compensation claims process. Regulatory authorities and clients are mounting an increased concern that the legal profession must employ adequate measures to protect data from cyber attacks. The fragmented century old social insurance system is complex and expensive to operate and is now confronted with security measures that are more time consuming, cumbersome and expense to implement.

The progress of technology and the Internet of Things (IoT) is advancing logarithmically. The participants in the present workers’ compensation system need to be aware of the seriousness of cyber vulnerabilities as well their responsibilities to maintain the confidentiality of client’s interests and protect the legal strategies of the case.

Saturday, September 10, 2016

Tobacco an Occupational Hazard: The Case Against Cigarette Sales by Pharmacies

Smoking continues to be a two edged sword in workers' compensation claims. Smokers in the workplace cause serious and sometimes fatal consequences to both themselves (synergistically with other toxic substances in the workplace) and their co-workers (environmental tobacco smoke exposures). On the flip side is the employer's defense that the smoking habit is not work-related and a pre-existing or co-existing disease caused by habit and not compensable. Nevertheless, public opinion continues to trend against permissible smoking and for the sale of cigarettes. Today's post is shared from cdc.com :

Saturday, June 18, 2016

Kidney Cancer Reported Related to Workers' Asbestos Exposure

A new research report links asbestos exposure to kidney cancer. Today's post is shared from pubmed.com.

Asbestos is the main causal factor for malignant mesothelioma (MM), a relatively rare and aggressive malignancy. Some epidemiological evidence suggests a role of this agent also in the etiology of renal cell carcinoma (RCC), the most common form of kidney cancer.

Tuesday, May 17, 2016

CMS Publishes Final Rule for MSP Conditional Payments Via Web Portal

This final rule, effective June 16, 2016,  specifies the process and timeline for expanding CMS' existing Medicare Secondary Payer (MSP) Web portal to conform to section 201 of the Medicare IVIG and Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act).

Wednesday, April 27, 2016

Privacy: Court Mandates Protective Order for Workers' Compensation Discovery

Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.

Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.

Wednesday, April 13, 2016

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Wednesday, March 23, 2016

Expectations Must Adapt to Change

In the "old days" the US workers' compensation system,  meet or "exceeded exceptions." Looking backward we recognize an aggressive and dedicated work ethic, that the government, private industry and labor," managed to embrace into a "Grand Bargain" called Workers' Compensation. 

Times have changed. In the past the corporate and executive workplace was a formal "tie and jacket" environment. Seasoned member always gripe how things have changed for the worse and long for a return to the comforting and familiar "good old times."