Reading Room

A Ticket to Work May Be A Ticket To Jail

Trial Work Period

Jon 19764

 As the available workforce in the United States continues to decrease to historically low levels, disabled workers are being enticed to enter a trap which may lead them to jail. During the last quarter of 1999, the unemployment rate in the United States averaged 4.1%, creating a huge shortage of employable persons. 

Iowa Court Liberalizes Latex Claims

Latex Allergy

Jon 9998

In a landmark case, the Iowa Supreme Court decided that latex allergy/sensitivity claims are to be considered work-related accidents rather than occupational diseases and that sensitized workers are entitled to receive workers' compensation benefits including those for loss of functional ability. The Court's decision to pinpoint the reaction to a specific event rather than a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

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United States Workers’ Compensation Programs are Becoming Sensitized to Latex

Latex Allergies

Jon 8170

 Latex allergy sensitivity claims are becoming a more common phenomenon in workers’ compensation systems throughout the United States. Causal relationship between latex exposure and allergic reactions, including anaphylactic shock, has led to the reporting of 23 deaths to the Federal Drug Administration between 1988 and 1995. Although most commonly associated with latex gloves, natural latex rubber is used in more than 40,000 medical, surgical and household products. 

Federal Issues Target State Workers' Compensation Claims

Federalization of Workers' Compensation

Jon 6466

 The battlefield for the assault on state workers’ compensation programs has shifted from the state capitals to the halls of Congress. Industry and their insurers are now shifting gears from an attempt at tinkering with individual systems to a more generalized approach, where assets and energies can be concentrated uniformly through Federal modification of globalized issues that will place into jeopardy the rights of workers and significantly hamper the efforts of their attorneys in seeking recovery under state workers’ compensation systems. 

Burden Relaxed in Heart Disease Claims

Occupational Heart Condition Held Compensable

Jon 6704

The state Supreme Court ruled that workers claiming occupational heart disease need only show that their job substantially contributed to the development of the disease to be awarded compensation. But in the first ruling of its kind in the country, the Court specifically held that smokers can be denied compensation if a job-related disease is principally caused by personal-risk factors such as smoking, obesity or a family history of the illness.

Whose Business Is It Anyway? The Compelling Need for Privacy of Medical Records in the Workplace

Workers' Compensation

Jon 5257

The ever-increasing desire of industry to contain costs in the medical management arena, as well as to gather information about current employees and new hires, and the technological realities of the millennium are now creating new battle lines for workers over the privacy of their medical, genetic, and other personal records.

The ever increasing desire of industry to contain costs in the medical management arena, as well as to gather information about current employees and new hires, and the technological realities of the millenium are now creating new battle lines for workers over the privacy of their medical, genetic, and other personal records. Computers make it easier to store, collect, share and analyze all kinds of data. The attempt to formulate intervention in this arena has placed both federal and state governments as contenders in the management of the confrontation, which may ultimately affect the employment status of every worker in the nation.

New Workers’ Compensation for a New Economy: Legislation Aims to Improve New Jersey's Benefit Structure

Workers' Compensation

Jon 5088

Over the course of the last few years, the United States economy has undergone a radical change that will require the New Jersey industry to reevaluate how it conducts business. New Jersey’s robust economy reflects a national trend towards full employment, but its workers’ compensation benefits have not kept pace with other states.

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