NJSBA: The Ethics of Pain Management: The Workers’ Compensation Bench/Bar Conference

Friday May 19, 2017 11:15AM - 1:30PM - Borgata, Atlantic City , NJ

The Ethics of Pain Management: The Workers’ Compensation Bench/Bar Conference WORKERS COMPENSATION TRACK A round table discussion of the ethical complications of opioid prescriptions in workers’ compensation matters from the medical and legal perspective.   State of the Division: Hon. Russell Wojtenko, Jr., Chief Judge Division of Workers Compensation Moderator/Speaker: Katherine Hellander Geist, Esq. Capehart Scatchard, Mt. Laurel Speakers:  Jag Desai, M.D., Interventional Pain Medicine Specialist Metropolitan Pain Consultants, Lyndhurst Christopher P. Gargano, Esq. The Bianchi Law Group, LLC, West Caldwell Jon L. Gelman, Esq. Jon L. Gelman, Attorney at Law, Wayne Mark B. Zirulnik, Esq. Zirulnik, Sherlock & DeMille, East Hanover    NJ CLE: 2.7 general credits NY CLE: (Transitional & Non-transitional) 2.5 professional practice credits PA CLE: 2.0 substantive credits pending ($8.00 check payable to NJICLE)  Click Here for More Information/Registration

CMS Prohibited From Collecting for Unrelated Conditions

A Federal Court in California has prohibited the Center for Medicare and Medicaid Services (CMS) from seeking reimbursement of conditional payments when the medical codes for the conditions are unrelated or not related even if the primary code was for a work-related medical condition. The court made the following ruling in a motion for partial summary judgment in a declaratory judgment action.

The Internet Redefines Jurisdiction

The Internet has resulted in widespread changes in workers’ compensation including what defines a contract of employment. In determining the applicable law governing a claim, the NJ Appellate Division, in a unanimous reported decision, went back to basics in reaching the conclusion that NJ had jurisdiction.

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.

National Asbestos Awareness Week April 1-7, 2017

S. RES. 98 Designating the first week of April 2017 as “National Asbestos Awareness Week”.

IN THE SENATE OF THE UNITED STATES
March 27, 2017
03/29/2017 Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent.  (All Actions)

Senator Jon Tester

Mr. Tester (for himself, Mr. Markey, Mr. Isakson, Mr. Daines, Mr. Durbin, Mrs. Feinstein, Ms. Warren, Mr. Merkley, and Mr. Leahy) submitted the following resolution;

NJ Bar Association Seek Re-Nomination of Judges of Compensation and System Wide Procedural Improvements

The NJ State Bar Association is urging Gov. Chris Christie to reappoint qualified workers’ compensation judges who are eligible for tenure.

Read the letter to Gov. Christie here. (March 22, 2017)

The organization also offered proposals to the Division of Workers’ Compensation to promote efficiency in processing formal claims.

Read the letter to the Division of Workers' Compensation here. (March 22, 2017)

Trump Administration May Bring a Surge in Occupational Disease Claims

Mesothelioma death rates remain high in the US even on the eve of an anticipated national ban of the asbestos fiber. Things may radically change for the worse as the Trump Administration goes forward with its announced intention to dismantle environmental regulation now in place and placed on-track for enactment during the former Obama Administration. With anticipated less EPA and OSHA regulation under the Trump administration, there is the potential for a serious surge of future occupational disease claims in the United States.