Jon L. Gelman, a Charter Fellow of The College of Workers Compensation Lawyers, attended the annual dinner meeting of the organization in San Antonio, Texas last week. At the meeting several new fellows were inducted into the organization.

Jon L. Gelman's 2012 supplement to the 3 volume hard bound practice series, Workers' Compensation Law 3rd Ed.,  has been published. Order these important supplements now. The supplement provide almost a quarter of a century continuing and unparalleled analysis on workers' compensation law. The volumes and supplements are integrated into the Westlaw(R), part of Thomson Reuters system for "Better Results Faster."

 This popular annual program, offered by the NJ Institute for Continuing Legal Education (NJICLE), is geared to both the novice and expert Workers’ Compensation attorney. It provides important and essential information to understand the cutting edge and critical issues confronting those who practice workplace injury law.

The occupational healthcare program embodied in the recently enacted legislation has the potential for being the most extensive, effective and innovated system ever enacted for delivering medical care to injured workers.

A vaccine has been demonstrated as safe for potential use against mesothelioma. The research, conducted by Netherlands scientists was reported in an advance publication of  the American Journal of Respiratory and Critical Care.

Significant progress has been made by the NJ Division of Workers’ Compensation (NJ-DWC) in carrying out the legislative mandate for the newly enacted emergent medical care motion practice. 

This seminar will provide practitioners with new strategies and techniques to handle workers' compensation cases in the changing economy.This fast-paced program features a panel of some of the most respected New Jersey Workers' Compensation Judges and attorneys, who will review and provide insight on the top issues and cases that have emerged during the past year.

 "Sufficient evidence is now available to show that asbestos also causes cancer of the larynx and of the ovary."

A complaint filed by an injured worker who sought Federal Court review of a NJ Workers’ Compensation Judge for alleged gross misconduct was dismissed. The Court held that it lacked the authority to review the matter.
 

In a landmark decision of immense national significance, the US Sixth Circuit Court of Appeals ruled that a RICO claim brought by injured workers against their employer, insurance carrier and employer medical expert could proceed. Several injured workers brought the Federal Racketeer Influenced and Corrupt Organizations Act (RICO) against their employer, Crawford & Company and [cut-off treatment doctor] Dr. Saul Margules.

Hot Topics in Workers’ Compensation Law 2008
New Jersey Institute for Continuing Legal Education

Congressional interest in the disability claims backlog and SSA's need for adequate funding continues. On April 23, 2008, a four-hour hearing was held by the full House Ways and Means Committee, which is chaired by Rep. Charles Rangel (D-NY) .

Resistance continues to mount against adoption of the AMA Guides to Impairment 6th edition. Opposition was expressed by a leading expert in workers' compensation and the Attorney General of Tennessee issued an opinion against adoption of the 6th Edition.

The State of Iowa joins many other States who will not implement the 6th Edition of the AMA Guides. This follows mounting criticism against the use of the 6th Ed. of the AMA Guides to determine workers’ compensation disability.

The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "

INSURANCE INDUSTRY AGAIN OFFERS MSP LEGISLATION THAT WOULD DISCOURAGE WORKERS' COMPENSATION PERIODIC PAYMENTS
After a failed attempt in the last Congress, the Insurance Industry has again offered similar legislation to encourage "lump sum" settlements in Workers' Compensation hearings, H.R.2549, and circumvent reimbursement of the ailing Medicare program. This legislation failed to gain acceptance in the last Congress as it did not receive the support of interest groups involved in preserving the Medicare system and Labor who continues to support a periodic benefit system in Workers' Compensation.

NYC CONNECTS AN EXPOSURE TO 911
For the First Time, the City Connects a Death to 9/11 Dust 
New York City’s chief medical examiner, Dr. Charles S. Hirsch, has for the first time directly linked a death to exposure to dust from the destruction of the World Trade Center. 

On February 22, 2006, a jury of Rhode Islanders delivered a decisive verdict in a
case that had been the source of significant political, social, and economic debate
since it was filed in 1999. On that day, a jury of six, who had devoted more than
four months of their lives hearing evidence in the longest civil jury trial in Rhode
Island's history,

RICO CLAIMS RESULTS IN AWARD OF $2.2 MILLION AGAINST INJURED WORKERS
Federal RICO action arising from WC claims results in $2,264,690. Award Against Workers
"The Complaint alleges that the defendants committed violations of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. 1962, violations of the New Jersey State Racketeer Influenced and Corrupt Organization Act, N.J.S.A. 2C:41-2, violations of N.J.S.A. 34:15-57.4(b) (workers’ compensation fraud), common law fraud and conspiracy in connection with the filing and prosecution of fraudulent workers’ compensation petitions against Plaintiff...'
Bath Unlimited, Inc. v Ginarte O'Dwyer, et al., Case 2:04-cv-03919-SRC-RJH Filed 3.14.07 Civ Ac No 04-3919 (SRC) (USDCT NJ 2007)

NEW MEDICARE RECOVERY PROCEEDURE – Medicare Secondary Payer. The Centers for Medicare & Medicaid Services (CMS) is consolidating all of the functions and workloads related to Medicare Secondary Payer (MSP) post-payment recoveries into one MSP recovery contract. The contract for the new national MSP Recovery Contractor (MSPRC) will be implemented on October 2, 2006.