(c) 2016 Jon L Gelman, All Rights Reserved.

Friday, October 7, 2016

US Department of Labor Urges Major Changes in the Nation's Workers' Compensation System

As The Path to Federalization of the US workers' compensation system broadens, the US Department of Labor has published a report urging expansion of the Federal role in reforming the entire patchwork of state systems. As the Presidential Election Cycle moves ahead, the ultimate outcome will impact the the nation's struggling workers' compensation scheme. Based on historical statements both "Hillarycare" or "Trump Medical," (lead by his advisor, Former Speaker Newt Gingrich,  will focus on this issue. See  my prior blog posts below.

Wednesday, October 5, 2016

Asbestos: Kaiser Gypsum files for Bankruptcy Protection

Former asbestos manufacturers, Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc., have filed for bankruptcy protection. Kaiser Gypsum Company is a former manufacturer of building products, including drywall, joint compounds and cements. US Bankruptcy Court Western District of North Carolina, Case 16-31602 Filed 09/30/16

Friday, September 30, 2016

CMS 2016 Recovery Thresholds for Workers’ Compensation Settlements, Judgments, Awards or Other Payments

2016 Recovery Thresholds for Certain Liability Insurance, No-Fault Insurance, and Workers’ Compensation Settlements, Judgments, Awards or Other Payments 

As required by section 1862(b) of the Social Security Act, the Centers for Medicare and Medicaid Services (CMS) has reviewed the costs related to collecting Medicare’s conditional payments and compared this to recovery amounts.

Thursday, September 22, 2016

FL-Stahl : SCOTUS Petitioned for Certiorari - A Constitutional Challenge to the Workers' Compensation System

The United States Supreme Court was petitioned in the matter of Stahl v Hialeah raising constitutional issues in the present workers' compensation system in Florida. The Florida program mirrors trending aspects of other state programs that have also been questioned on constitutional grounds.

Tuesday, September 20, 2016

Hot Topics in Workers' Compensation Law Seminar 2016 - Available from NJICLE

Hot Topics in Workers' Compensation Law Seminar

Wed. Sept. 14, 2016  Ÿ Law Center, New Brunswick 5-8:35p

This year’s program will focus on professional and ethical responsibilities concerning disclosure and protection of client confidential information throughout the course of discovery and litigation, with specific emphasis on the pretrial conference.

The seminar +reviews the Professional Code of Responsibility and it’s integration with the Rules and procedures of The Division of Workers' Compensation, and The Health Insurance Portability and Accountability Act (HIPAA). 

Workers' Compensation "Demise of the Grand Bargain" Seminar Papers Online

The 2016 workers' compensation "Grand Bargain" seminar sponsored by the Pound Civil Justice Institute has posted the draft seminar papers online in PDF format and are available for download. The 2016 Academic Symposium is entitled, "The Demise of the Grand Bargain: Compensation for Injured Workers in the 21st Century."

Sunday, September 18, 2016

Zika: The Next Compensable Infectious Disease

Workers' Compensation insures for the consequences of infectious diseases arising out of and in the course of employment. Is the system ready for a potential onslaught of Zika claims?

The NJ Supreme Court in establishing compensability in an occupational disease cited Justice Learned Hand, “Few adults are not diseased … an infection mastered, though latent, is no longer a disease, industrially speaking, until the individual's resistance is again so far lowered that he succumbs.” Bober v. Independent Plating Corp., 28 N.J. 160, 145 A.2d 463 (1958).