Reading Room

Supreme Court Sets High Judicial Threshold For Evaluating Scientific Evidence

Workers' Compensation

Jon 6472

For the last few decades, the most compelling issue in an occupational disease case has been how the workers’ compensation court should determine the admissibility of scientific evidence. The New Jersey Supreme Court recently established guidelines for the admission and reliance upon such proof.

Insurance Company Ordered to Give A Computer System To A Homebound Latex Victim

Workers' Compensation

Jon 6678

A Nebraska Workers' Compensation Court has ordered that a personal computer system be furnished to a homebound former healthcare worker suffering from latex sensitivity. This ruling is consistent with a national trend by the courts toward recognizing the catastrophic impact of latex allergy on general life pursuits.

Ergonomics: Occupational Disease - Understanding the Element of the Law

Workers' Compensation

Jon 7948

The statutory formula for compensability for occupational disease is similar to that for accidental injuries, that is, “compensation for personal injuries to or for death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” Section 30. There appears to me to be three essential elements of Section 30. There must be an injury or death – due to a “compensable” occupational disease – which must arise out of and in the course of the employment. There is an exception for willful self-exposure but that exception has never been established, to my knowledge, so it is not that important.  The statutory formula for compensability for occupational disease is similar to that for accidental injuries: "compensation for personal injuries to or for the death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” NJSA 34-15-30.

12

CONTACT US
1.973.696.7900
jon.gelman@gmail.com