Reading Room

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. 

The Federal Government established a prototype, single-payer medical delivery system for treating occupational disease conditions. The program targeted those injured by exposure to asbestos fiber in Libby, Montana.

The problems of old age are worrying and are beginning to influence decision-makers on what to do with two major delivery systems in the United States. Both the Medicare system and the workers’ compensation medical delivery system are now ailing. The fiscal remedy may be their marriage.
 

New law prohibits a medical provider to an injured worker from reporting unpaid charges to any collection or credit reporting agency.

An unsettled area of the law has emerged between the widespread adoption by the states to permit prescribed marijuana to relieve certain medical conditions and the strict federal law mandating the substance as a Schedule 1, Controlled Substance [CSA].

An unsettled area of the law has emerged between, the widespread adoption by the states to permit prescribed marijuana² to relieve certain medical conditions and the strict federal law mandating the substance as a Schedule 1, Controlled Substance [CSA]

Joint replacement claims are becoming more frequent in workers’ compensation, and proving compensability remains challenging.

Joint replacement claims are becoming more frequent in workers’ compensation and proving compensability remains challenging. As the aging working population has expanded so has been the need for workers’ compensation to pay for the cost of replacing aging joints.

Delay has always been a problem when injured workers need medical treatment.  Traditionally, insurance companies, especially in hard economic times, have sought to hold onto their money and not distribute benefits.

The delivery of medical benefits to injured workers is becoming more costly and difficult to administer. The purpose of this article is to report developing trends in the United States in the delivery of medical benefits for injured workers.

The 1996 court term set forth standards for occupational disease claims, defined defenses available, provided interpretation regarding third-party liens, further defined standards to be utilized in the presentation of evidence, and set forth parameters concerning the nature and extent of disability under the Workers' Compensation Act. 

The court sought to focus on major issues confronting workers' compensation law, including the concepts of "light duty," the existence of the "coming and going rule," concerns over what risks are incidental to employment, the problem of the employee who is perceived to be working for multiple employers simultaneously, and other major issues such as [the "Fireman's Rule," the Falcon Doctrine, the Second Injury Fund, pension offsets, third party matters, medical treatment, and] what remedies are available to the employer where benefits appear to have been overpaid.