Reading Room

The escalating financial crisis of Lehman Brothers [stock down 94% Jan-Sept 2008], may have a major impact on workers’ compensation throughout the US. Over this weekend, the financial guru's scheduled meetings in an effort to avoid a complete crash of Lehman Brothers. In the meantime, the waves of this potential economic meltdown are sending hurricane-type surges throughout the US workers’ compensation system.
 

Workers' compensation insurance companies have a long history of guarding themselves from liability from asbestos exposure issues. Recently the NJ courts have ruled that workers' compensation insurance companies are shielded from liability when the insurance company performs hygiene studies and does not take action to protect the employees that it has insured under the policy.

Occupational lead exposure, especially to lead paint, has been a well-known hazard in the workplace you decades. Recent epidemiological studies demonstrate the causal relationship between exposure to impaired brain function, over time, in adults resulting in early aging. Employers and insurance carriers should brace themselves for a wave of claims.

Medical expenses in contested workers’ compensation cases are now a significant and troublesome issue resulting in uncertainty, delay, and potential future liability: the recent NJ Supreme Court decision, University of Mass. Memorial Hospital v. Christodoulou, 180 N.J. 334 (2004) has left the question of how to adjudicate medical benefits that were conditionally paid or paid in error. Presently there is no exclusively defined procedure to determine the allocation and apportionment of primary responsibility for unauthorized medical expenses and reimbursement.

Statement of Jon L. Gelman Attorney at Law Before the US Senate Committee on the Judiciary Hearing on the Fairness in Asbestos Resolution Act of 2005 January 11, 2005.

Compensability for occupational diseases has become commonplace in most, if not all, jurisdictions throughout the country; however, most claims filed allege physical rather than mental disability. The California Workers' Compensation Institute recently published its study of mental stress claims which indicated an increase of 430 percent in the number of claims filed from 1980 to 1986. 

Workers' Compensation is remedial social legislation that was designed to provide benefits to workers for on-the-job injuries. Those benefits include temporary disability, medical treatment costs, and permanent disability benefits.

Temporary Disability--When out of work and under authorized medical care for more than 7 days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).

The New Jersey Workers’ Compensation Act [WCA] provides for the awarding of benefits to those individuals who have contracted an illness as a result of their exposure to toxic substances at work.

 Janeth McFarlane worked at the Baptist Hospital in Florida for approximately two years prior to November 1, 1996. She had used latex-powdered gloves. Her employer had ordered, but had not received, powder-less gloves. During her employment she did experience some respiratory difficulty but was unaware of the cause. On November 1, 1996, immediately after using latex powdered gloves, she went into respiratory failure. Her co-workers attempted to revive her but were unsuccessful. 

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.