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Jon L. Gelman
Jon Gelman

Jon L Gelman
jon@gelmans.com

Phone: (973) 696-7900

Position: Managing Attorney

Education

John Marshall Law School, Chicago, Illinois, 1971 Doctor of Jurisprudence

Rutgers The State University of New Jersey, New Brunswick, New Jersey, June, 1967 B.A., Bachelor of Arts Major: Political Science

 

Published Treatises

  • Workers' Compensation Law, Volumes 38, 39 & 39A New Jersey Practice, West Group -Thomson Reuters, 3rd Edition (Supplements 2000 - 2015), 2000.
  • Modern Workers Compensation, national treatise, contributing author, West Group-Thomson Reuters, 2002.

Bar Admissions

  • New Jersey, 1971
  • New York
  • Ohio
  • Nebraska
  • District of Columbia
  • U.S. Court of Appeals 3rd Circuit, 1980
  • U.S. Court of Appeals 4th Circuit, 2013
  • U.S. District Court District of New Jersey, 1971
  • U.S. Supreme Court, 1974
  • U.S. Tax Court, 1973

Publications

  • Workers' Compensation Law, New Jersey Practice, Vol. 38, West Publishing Company, 1st Edition (1988 to 1993), 1988
  • Workers' Compensation Law, 2nd Edition, Volumes 38 & 39, New Jersey, West Publishing Company, 2nd Edition (1994 to 1999), 1994
  • Skills and Methods, Workers' Compensation Law, New Jersey Practice, Vol. 19, 1993-1999, West Publishing Company
  • New Jersey Law Journal (Contributing Columnist)
  • Occupational Disease: The Silent Violence, Reporter, Passaic County Bar Association, June, 1974
  • Occupational Disease,  Reporter, Passaic County Bar Association, May, 1975
  • Asbestos: A Case for the Cancer Control Act, , Reporter, Passaic County Bar Association, April, 1977
  • New Jersey Workers' Compensation: An Evaluation of Current Law, Summation,, Trial Attorneys of New Jersey
  • Workers' Compensation for Cancer Related Claims, , 119 N.J. L.J. 1, No. 21, May 21, 1987
  • Apportioning Liability in Workers' Compensation Claims, , 121 N.J. L.J. 1, No. 5, February 4, 1988
  • Multiple Employment Occupational Claims, NJ Supreme Court t Review 1988, 122 N.J. L.J. 59, No. 7 Page 59, August 25, 1988
  • Stress Claims a Headache for Employers , 123 N.J. L.J. 7, No. 6, Feb. 16, 1989
  • Fraudulent Concealment Does Not Bar A Claim, NJ Supreme Court Review 1989, 124 N.J. L.J. 604, No. 10, Sept. 7, 1989
  • Compensable Industrial Disease a Catching Idea , 125 N.J. L.J. 748, No. 12, March 22, 1990
  • Temporary Benefits While on "Light Duty", NJ Supreme Court Review 1990, 126 N.J. L.J. 600, No. 10, September, 1990
  • Injuries Off The Employers Premises, NJ Supreme Court Review 1991, 129 N.J. L.J. 101, No. 1 Page 101, Sept. 6, 1991
  • Psychological Disability Claims, NJ Supreme Court Review 1992, 131 N.J. L.J. 1586, Sept. 7, 1992
  • Employer vs. Independent Contractor, NJ Supreme Court Review 1993, 135 N.J. L.J. 17, Sept. 6, 1993
  • Witness Credibility, NJ Supreme Court Review 1994, 138 N.J. L.J. 21, Sept. 5, 1994
  • Workers' Compensation Law, The Court Makes History, , 141 N.J. L.J. No. 10 N.J. L.J. S40, American Lawyer Media, L.P., Sept., 1995
  • Weighing Standards, Remedial Intent: Parameters Defined for Benefits in Occupational Disease Claims, , 145 N.J. L.J. 1005, Sept. 2, 1996
  • Order in the Comp Courts: Rulings this Year Mandated Specific Evidentiary and Jurisdictional Standards, 149 N.J. L.J. 850, Sept. 1, 1997
  • An Unfair Burden, New Social Security Rules Would Reduce Workers' Comp Benefits, 150 N.J. L.J. 469, Nov. 10, 1997
  • Workers' Compensation Adopts New Discovery, Vol. 5, Passaic County Bar Association Reporter, August, 1998
  • Shattered Consensus: Comp Case May Affect School-Funding Debate, 153 N.J.L.J. 930, September 7, 1998
  • Latex Allergies Boost Worker Lawsuits, 5 Latex Allergy News 2, Issue 8, September, 1998
  • Whose Business is it Anyway?, Workers' Comp Claims Raise New Issues in the Privacy Debate, 150 N.J.L.J. 592, November 16, 1998
  • 950,000 Healthcare Workers are Victims of Serious Latex Allergies, 5 The National Workplace Injury Litigator 2, March, 1999
  • Whose Business is it Anyway? The Compelling Need for Privacy of Medical Records in the Workplace, 5 The Parire Barrister 1, The Nebraska Trial Lawyers Association, April, 1999
  • Federal Legislation Endangers Asbestos Victims, 5 The National Workplace Injury Litigator 2, March, 1999
  • Latex Workplace Hazards Acknowledged by OSHA, 5 The National Workplace Injury Litigator 4, June, 1999
  • Social Remedial Action: Justices Struggle to Maintain Liberal Aspects of Workers' Comp Act, 157 N.J.L.J. 942, September 6, 1999
  • Federal Issues Target State Workers' Compensation Programs, 5 The National Workplace Injury Litigator 7, November, 1999
  • Legislation Aims to Improve New Jersey's Benefit Structure, 158 N.J.L.J. 545, November, 15, 1999
  • US Workers' Compensation Programs are Becoming Sensitized to Latex, 5 The National Workplace Injury Litigator 3, December, 1999
  • A Ticket to Work May Be A Ticket to Jail, 6 The National Workplace Injury Litigator 1, February, 2000
  • Chronic Beryllium Disease Suffers Get Recognition, 163 N.J.L.J. 844, February 26,, 2001
  • World Trade Center Tragedy Creates Complex Workers' Compensation Issues, 166 N.J.L.J. 108, October 8, 2001
  • Social Security Seeks To End The Workers' Compensation Subsidy, 166 N.J.L.J. 501, November 5, 2001
  • Who's Paying The Bills? The Federal Dilemma of Cost Shifting In Workers' Compensation Claims, Workers First Watch (WILG-ATLA), Fall, 2001
  • Should Workers' Compensation Be Vaccinated Against Bioterrorism?, 166 N.J.L.J. 1173, December 31, 2001
  • Our Heroes Deserve More Than A Broken Promise, The Record, January 28, 2002
  • World Trade Center Tragedy Creates Complex Workers' Compensation Issues, Association of Trial Lawyers of America - Workers' Compensation and Workplace Injury Section Newsltr, Vol 6, Number 1, ATLA, Winter 2001-2002.
  • The Tragedy of September 11th Reveals Failings in Workers' Compensation Systems, Workers First Watch - Workplace Injury Litigation Group / ATLA, Winter, 2002
  • The Proof of Causation Continues as A Key Element In Latex Litigation Claims, 7 Workers' Compensation and Workplace Injury Section Newsletter 2, ATLA, Winter 2002/2003.
  • Supreme Court Sets High Judicial Threshold For Evaluating Scientific Evidence, 174 N.J.L.J. 432, November 3, 2003.
  • Does the Workers' Compensation System Need A Prescription Change?, 8 Workers' Compensation & Workplace Injury Section Newsletter 2, ATLA (Spring 2004).
  • Proposed Federal Asbestos Act Will Create Massive Inequities in Both Workers' Compensation and Medicare, Statement of Jon L. Gelman Attorney at Law Before the US Senate Committee on the Judiciary Hearing on the Fairness in Asbestos Resolution Act of 2005 January 11, 2005
  • Who's Paying The Bills? The Federal Dilemma of Cost Shifting In Workers' Compensation Claims, Workers First Watch (WILG-ATLA), 10th Anniversary Special Edition, April, 2005.
  • Current Trends in Workers' Compensation, Workers' Compensation Seminar, Washington State Bar Association, June 10, 2005.
  • Federal Asbestos Legislation Will Erode Workers' Compensation, 9 Workers' Compensation & Workplace Injury Section Newsletter 2, pp.1, ATLA (Summer 2005).
  • Clearing the Workers' Compensation Benefit Highway of Medical Expense Land Mines, NJ Lawyer, April 16, 2007.
  • Is The Recovery Of The Workers' Compensation System An Illusion?" Workers First Watch, WILG (Workplace Injury and Advocacy Group, Spring, 2009.
  • Facebook Becomes a Questionable Friend of Workers' Compensation, Property Casualty360, ANational Underwriters Website, February 8, 2011.
  • Distracted Driving Increases Workers Compensation Risks, Interview, ZoomSafer, July 6, 2011.
  • The Complex World of Workers' Compensation and Pharmaceutical Benefits, 206 New Jersey Law Journal 5, October 13, 2011.
  • U.S. Debt Reduction and the Impact on Workers' Compensation Programs,  Vol 28 The Newsletter of  The National Association of Workers' Compensation Judiciary, December 2011.
  • Does Workers' Compensation Really Have a Place in the iEverything World?,  Newsletter of The College of Workers' Compensation Lawyers, May, 2015.

Representative Cases

  • Wundrack v. Armstrong World Industries, Inc., 958 F.2d 366 (C.A.3 (N.J.) 1992)
  • Austin v. Johns-Manville Products Corp., 672 F.2d 902 (C.A.3 (N.J.) 1981)
  • UNR Industries, Inc. v. Paterson Factory Workers, 176 B.R. 472 (N.D.Ill. 1994)
  • Fiore v. Consolidated Freightways, 659 A.2d 436 (N.J. 1995)
  • Whritenour v. West Milford Board of Education, 676 A.2d 1094 (NJ Sup. Ct. App. 1996)
  • In re Lead Paint Litigation, 2005 WL 1994172 (N.J.Super. A.D., Aug. 17, 2005), 191 N.J. 405, 924 A. 2d 484 (NJ 2007)
  • In re KBR, Incorporated, Burn Pit Litigation, 744 F.3d 326, 2014 WL 868667 (4th Cir. Ct. App., March 6, 2014; Cert. Denied, 135 S.Ct. 1153, U.S., Jan 20, 2015.

Classes/Seminars Taught

  • New Jersey Workers' Compensation and Occupational Exposure, New Jersey Department of Health, Trenton State College, Trenton, New Jersey, October, 1985, NJ State Department of Health
  • Compensation Benefits Available for Multiple Sclerosis Patients, Multiple Sclerosis Association, Holy Name Hospital, Teaneck, New Jersey, June, 1986, Holy Name Hospital, Teaneck, NJ
  • Workers' Compensation for Cancer Related Claims, Trial Attorneys of New Jersey, March 28, 1987
  • Workers' Compensation for Occupational Cancer in the United States, 1988 National Workers' Compensation Seminar, Hyannis, Massachusetts, August 3, 1988, SEAK Inc.
  • Third Party Claims Arising from Occupational Exposures, 1988 National Workers' Compensation Seminar, Hyannis, Massachusetts, August 4, 1988, SEAK Inc.
  • A National Survey of Workers' Compensation Benefits from Cancer Related Claims, CNA Insurance Company, North Jersey Regional Claim Center, Parsippany, May 16, 1989, CNA Insurance Company
  • Recovery Against Employers Beyond Workers' Compensation: How to Defeat the Exclusivity Bar, 1992 National Workers' Compensation and Occupational Medicine Seminar, Hyannis, Massachusetts, July 23, 1992, SEAK Inc.
  • Occupational Disease Claims under the New Jersey Workers' Compensation Act, Division of Workers' Compensation, Hackensack, New Jersey, March 3, 1993, NJ Division of Workers' Compensation
  • Disease Potential of Different Asbestos Fiber Varieties, Workshop, Ottawa, Canada, March 20-22, 1989, March 20, 1989 - March 22, 1989
  • Moderator, Advanced Workers' Compensation in New Jersey, Beyond the Basics, National Business Institute, Inc., Saddle Brook, New Jersey, March 2, 1990, National Business Institute
  • Seminar Leader, Is the Bond Doctrine Obsolete?, Passaic County Bar Association Workers' Compensation Committee, March 17, 1995, Passaic County Bar Association
  • Seminar Leader, When is the Respondent Required to Provide Medical Care?, Passaic County Bar Association Workers' Compensation Committee, October 21, 1995, Passaic County Bar Association
  • The Potential Impact of Proposed Recommendations of the Gingrich Workers' Compensation Task Force, The Workers' Compensation Committee for Continuing Legal Education, March 15, 1996, Passaic County Bar Association
  • Commentator, LAWCAST, Vox Juris Inc.
  • Impact of Proposed Social Security Regulations Upon Workers' Compensation Lump Sum Payments, New Jersey Commissioner Labor's Advisory Council on Workers' Compensation, Trenton, New Jersey, October 27, 1997, NJ Commissioner of Labor's Advisor Committee on Workers' Compensation
  • Trial of a Workers' Compensation Case: Second Injury Fund, New Jersey Institute for Continuing Legal Education, Edison, New Jersey, November 4, 1997, NJ Institute for Continuing Legal Education
  • Presenting the Total Disability Case, New Jersey Institute for Continuing Legal Education, Edison, New Jersey, September 17, 1998, NJ Institute for Continuing Legal Education
  • Handling Catastrophic Work-Related Injuries, New Jersey Institute for Continuing Legal Education, Somerset, NJ, September, 1999.
  • How to Handle Repetitive Stress Disorder (MSD) Workers' Compensation Claims, New Jersey Institute for Continuing Legal Education, Fairfield, NJ, April 8, 2000
  • The World Trade Center Tragedy and Workers' Compensation Remedies, Asheville, North Carolina, October 20, 2001, North Carolina Trial Lawyers Association
  • Workers' Compensation Settlements and the Medicare Trust Issue-Medicare Secondary Payer Act, November 30, 2001, The Cleveland Bar Association, Cleveland, Ohio- Workers' Compensation Section
  • Federal Issues Challenging The Existence Of State Workers' Compensation Systems, California Applicants' Attorneys Association, Lake Tahoe, CA, June 19, 2002
  • National Issues Confronting State Workers' Compensation Systems, AFL-CIO Workers' Voice Conference, Colorado AFL-CIO, Denver, Colorado, July 21, 2002
  • Halliburton settles asbestos claims for $4 Billion, Alex Ritson BBC World Service, Interview with Jon Gelman. December 18, 2002.
  • US Supreme Court Permits Asbestos Claims to Proceed Against Friction Material Defendants, CNBC-TV, interview with Jon Gelman, January 13, 2003.
  • The Need For An Adequate Smallpox Vaccination Compensation Program, California Applicants' Attorneys Association, San Diego, CA, January 19, 2003.
  • Medicare Secondary Payer Claims and Workers' Compensation, Compensation Inn of Court, Hackensack, NJ, April 24, 2003.
  • One Nation Under Compensation: The Potential Federalization of the State Systems, New York Workers' Compensation Bar Association, New York, NY, May 19, 2003.
  • The Unfairness of the Proposed Federal Asbestos Trust Fund Legislation, KNX CBS Los Angeles, Interview with Jon L. Gelman, June 16, 2003.
  • Medicare Forum and its Impact on the Workers' Compensation System, American Bar Association, Section of Labor & Employment Law, Workers' Compensation Committee, San Francisco, CA, August 11, 2003.
  • Handling A Workers' Compensation Case After Lindquist, NJ Institute for Continuing Legal Education, Fairfield, NJ, June 14, 2003.
  • This Year in Workers' Compensation - The Top 10 Issues and Cases, NJ Institute for Continuing Legal Education, New Brunswick, NJ, April 14, 2004.
  • Handling Employment Tort Cases, NJ Institute for Continuing Legal Education, Islin, NJ, June 7, 2004.
  • Maximizing and Expediting Workers' Compensation Recoveries While Navigating the Treacherous Waters of The Medicare Secondary Payer Act, National Organization of Social Security Claimants' Representatives, Philadelphia, PA, November 12, 2004.
  • Medicare Secondary Payer Act - Construction of Set Asides, Bench-Bar Conference, NJ Institute for Continuing Legal Education, New Brunswick, NJ, December 15, 2004.
  • 2nd Annual This Year (2005)in Workers' Compensation - The Top 10 Issues and Cases, NJ Institute for Continuing Legal Education, New Brunswick, NJ, March 8, 2005.
  • Medicare Secondary Payer Act and Workers' Compensation Claims: The Past, Present and Future, Virginia Trial Attorneys Association, The Homestead, Hot Springs, Virginia, April 1, 2005.
  • Medicare and Workers' Compensation, Navigating the Waters, National Workers' Compensation & Occupational Medicine Conference, SEAK, Cape Cod, MA, July 19, 2005.
  • Evidence in the Complex Workers' Compensation Case, LegalTalk Network, March, 2006.
  • How to Settle a Workers' Compensation Claim Involving Future Medical Issues Without Jeopardizing Medicare Benefits, National Organization of Social Security Claimants' Representatives (NOSSCR), Social Security Disability Law Conference, Boston, MA, April 8, 2006.
  • 3rd Annual Hot Topics and Cases in Workers' Compensation Law, NJ Institute for Continuing Education, Moderator, Edison, NJ, May 10. 2006.
  • Motion Practice in Workers' Compensation Law, NJ Institute for Continuing Education, Moderator, Mt. Laurel, NJ, September 12, 2006.
  • Motion Practice in Workers' Compensation Law, NJ Institute for Continuing Education, Moderator, Newark, NJ, October 14, 2006.
  • How to Prepare A Workers' Compensation Case to Win, Mercer County Bar Association, Newark, NJ, May 3, 2007.
  • 5th Annual, Hot Topics in Workers' Compensation Law, NJ Institute for Continuing Legal Education, Moderator, New Brunswick, NJ, July 8, 2008
  • The Future of the Workers' Compensation Benefit Highway, American Association for Justice, Philadelphia, PA, July 13, 2008.
  • 6th Annual, Hot Topics in Workers' Compensation Law, NJ Institute for Continuing Legal Education, Moderator, New Brunswick, NJ, October 7, 2009
  • The Occupational Disease Pilot Program and Healthcare, Interview, The Legal Talk Network, January 20, 2010.
  • What Employment Lawyers Need to Know About Other Areas of Law, NJ Institute for Continuing Legal Education, Edison, NJ, March 16, 2010
  • 7th Annual Seminar, Hot Topics in Workers' Compensation Law, NJ Institute for Continuing Legal Education, Moderator, New Brunswick, NJ, March 2, 2011.
  • "Facebook Becomes a Questionable Friend of Workers' Compensation," Workers' Compensation Midwinter Seminar and Conference, American Bar Association, Boston, MA, April 9, 2011.
  • "Privacy, Clients and Social Media", Interview, Legal Talk Network, April 14, 2011.
  • 8th Annual Seminar, Hot Topics in Workers' Compensation Law, NJ Institute for Continuing Legal Education, Moderator, New Brunswick, NJ, January 29, 2013.
  • 9th Annual Seminar, Hot Topics in Workers' Compensation Law, NJ Institute for Continuing Legal Education, Moderator, New Brunswick, NJ, June 18, 2014.
  • Mediterrean Diet & Workplace Health, Harvard School of Public Health, Boston MA, Sept. 27-28, 2014.
  • "Worker's 3rd-Party Recovery for Pain and Suffering Was Subject to Subrogation," WorkCompCentral, August 12, 2016.
  • "Security Guard's Waiver of Right to Sue Emplokyer's Customer Wasn't Enforceable," WorkCompCemtral, August 25, 2016.
  • 10th Annual Hot Topics in Workers' Copebnsation Law Seminar, "Professional and Ethical Responsibilities," NJ Institute for Continuing Legal Education, Co-Moderator, New
    Brunswick, NJ September 14, 2016.

Honors and Awards

  • Association of Trial Lawyers of America, President's Club - 2000
  • Listed in Who's Who In America (A.N. Marquis)
  • Listed in Who's Who in the World (A.N. Marquis)
  • Listed in Best Lawyers in America
  • Listed in Best Law Firms in America
  • Listed in Best Lawyers in NJ (NJ Monthly)
  • Listed in Super Lawyers in NJ (Law & Politics)
  • Listed in New York Area's Top Rated Lawyers (ALM)
  • Listed in Martindale Hubbell AV® Preemienent Lawyer
  • Fellow of the College of Workers' Compensation Attorneys
  • List by AVVO as "Superb Lawyer" Top 10.0

Professional Associations and Memberships

  • Association of Trial Lawyers of America-Workplace Injury Litigation Group
  • Former Vice-President Association of Trial Lawyers of America-Workplace Injury Litigation Group
  • Member, Task Force on Asbestos Litigation Claims
  • Association of Trial Lawyers of America-Workplace Injury Litigation Group Task Force on Social Security Offset Reform and Right To Privacy Issue
  • National Organization of Social Security Claimants Representatives Sustaining Member
  • Workplace Injuries Studies Institute, 1999 - Present
  • Trustee Workers' Injury Law & Advocacy Group -
  • Member New Jersey Trial Lawyers Association, 1971 - 2002
  • Member Passaic County Bar Association, New Jersey, 1971 - 2011
  • Former Chairperson of the Workers' Compensation Committee Passaic County Bar Association
  • Nebraska Bar Association, 2007 to 2011
  • American Bar Association, Section of Labor & Employment Law, Workers' Compensation Committee 
  • American Association for Justice
  • National Academy of Social Insurance
  • American Bar Association, Torts & Insurance Practice Section, Workers' Compensation Committee.

 

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