Reading Room

Medical Marijuana and the Supremacy Clause

Workers' Compensation

Jon 2792

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]

 

Preventing Joint Replacement Surgery in Workers' Compensation Claims

Workers' Compensation

Jon 7324

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.

Parameters Defined for Benefits in Occupational Disease Claims: Weighing Standards and Remedial Intent

NJ Supreme Court Review 1995-1996

Jon 5965

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. 

Temporary Benefits While on "Light Duty"

NJ Supreme Court Review 1989-1990

Jon 10208

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. 

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