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(c) 2017 Jon L Gelman, All Rights Reserved.

Tuesday, June 20, 2017

The Hurricane Season Has Begun


Workers' Compensation programs are challenged by all types of adverse weather conditions, and the annual East Coast hurricane season is no exception. Early storms Brett and Cindy are already on the radar scopes of the National Hurricane Center and are being tracked.

The hurricane storm season runs from June through November. It has predicted that the 2017 season will be above average in the number of severe storms.

The health and safety of workers is a major challenge during and after these severe storms.

The US Centers for Disease Control has made the following suggestions:

Please follow these important hurricane preparedness tips from CDC:
Preparing for a Hurricane: Take basic steps now to ensure your safety should a storm hit.
Emergency Supplies You Will Need: Stock your home and your car with supplies.
Make a Plan: Create a family disaster plan.
Prepare to Evacuate: Never ignore an evacuation order.
Protecting Older Adults: Understand older adult health and medical concerns.
Protecting Pets: Ensure your pet’s safety before, during, and after an emergency.
Prevent carbon monoxide (CO) poisoning after the storm: Place generators outside at least 20 feet from any door, window, or vent.
After a hurricane: Learn how to avoid injuries and make sure your food and water are safe.

After you have read these tips, please review the other resources available on the CDC Hurricanes website.

Employment Status: Common Law Tests May Need an Update

The application of the common-law standard to determine employment status may no longer be relevant in the age of the gig economy. The NJ Appellate Division ruled that the common law test utilized to determine employment status could not be utilized in the interpretation of a medical malpractice insurance policy.

Saturday, June 17, 2017

Governor of Nevada Vetoes Single-Payer Legislation

Nevada Governor Brian Sandoval has vetoed legislation that would have established a single-payer Assembly Bill 374 would have expanded a Medicare-type health care insurance plan. coverage to provide health care coverage to all Nevada residents.

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.

Medical Marijuana Providers Maybe be Federally Prosecuted

Jeff Session
84th US Attorney General
Medical marijuana use may be heading to a new challenge for medical providers in workers' compensation case. Even though some States have authorized regulation and approval of dispensing medical marijuana, a Federal law allowing the practice is up for Congressional review.

Wednesday, June 7, 2017

NJ Public Employees On Workers' Compensation Considered On Leave Without Pay

The NJ Court of Appeals has ruled, in an unreported and Per Curium decision,  that public employees who are receiving workers' compensation temporary disability benefits are on leave without pay, and can not accrue sick and vacation days during their absence from work.

Monday, June 5, 2017

Chaos for Workers' Compensation Programs--The Elimination of Social Security Numbers?

The Centers for Medicare & Medicaid Services (CMS) is readying a fraud prevention initiative that removes Social Security Numbers (SSN) from Medicare cards to help combat identity theft and safeguard taxpayer dollars. The question remains whether the elimination will cause chaos in state workers' compensation programs since the SSNs have historically been utilized as personal identifiers.