Reading Room

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

Jon 5093

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.

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

Jon 5085

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.

Social Remedial Action: Justices Struggle to Maintain Liberal Aspects of the Workers' Comp Act

Jon 4363

 NJ Supreme Court Case Review. The New Jersey Supreme Court, struggling to maintain the social remedial aspects of the Workers’ Compensation Act, adopted a liberal “quantification of disability” rule to determine the Statute of Limitations date to be utilized in occupational disease claims.This approach is in stark contrast to the Court’s conservative interpretation “notice” requirement that it had enunciated in Brock v. Public Service Electric & Gas Co., 149 N.J. 378 (1997). 

Social Remedial Action: Justices Struggle to Maintain Liberal Aspects of the Workers' Comp Act

Jon 4365

 NJ Supreme Court Case Review. The New Jersey Supreme Court, struggling to maintain the social remedial aspects of the Workers’ Compensation Act, adopted a liberal “quantification of disability” rule to determine the Statute of Limitations date to be utilized in occupational disease claims.This approach is in stark contrast to the Court’s conservative interpretation “notice” requirement that it had enunciated in Brock v. Public Service Electric & Gas Co., 149 N.J. 378 (1997). 

Shattered Consensus: Comp Case May Affect After School-Funding Debate

Jon 5511

The consensus that usually prevails when the New Jersey Supreme Court decides workers’ compensation claims was shattered this term when the Court dealt with an issue that could affect the ongoing school funding controversy. Justice O’Hern, writing for the majority of the Court in Outland v. Monmouth-Ocean Education Service Commission, No. A-48-97, 1998 WL 387263 (N.J. July 1, 1998) determined that a teacher who was employed under a ten-month contract and who was injured during the school year was entitled to temporary compensation benefits during the summer recess period. 

Shattered Consensus: Comp Case May Affect After School-Funding Debate

Jon 5511

The consensus that usually prevails when the New Jersey Supreme Court decides workers’ compensation claims was shattered this term when the Court dealt with an issue that could affect the ongoing school funding controversy. Justice O’Hern, writing for the majority of the Court in Outland v. Monmouth-Ocean Education Service Commission, No. A-48-97, 1998 WL 387263 (N.J. July 1, 1998) determined that a teacher who was employed under a ten-month contract and who was injured during the school year was entitled to temporary compensation benefits during the summer recess period. 

Sexual Harassment Claims Covered

Jon 4673

The New Jersey Supreme Court in a unanimous decision ruled that claims of workplace sexual harassment, when the harassment results in bodily injury, could not be excluded by insurance carriers under the employer's liability section of a workers' compensation policy. Lisa Schmidt filed a claim against her employer, Personalized Audio Visual, Inc. and against the president of the company, Dennis Smith, for sexual harassment in violation of New Jersey's Law Against Discrimination (LAD), assault, battery, invasion of privacy and intentional infliction of emotional distress. 

Sexual Harassment Claims Covered

Jon 4661

The New Jersey Supreme Court in a unanimous decision ruled that claims of workplace sexual harassment, when the harassment results in bodily injury, could not be excluded by insurance carriers under the employer's liability section of a workers' compensation policy. Lisa Schmidt filed a claim against her employer, Personalized Audio Visual, Inc. and against the president of the company, Dennis Smith, for sexual harassment in violation of New Jersey's Law Against Discrimination (LAD), assault, battery, invasion of privacy and intentional infliction of emotional distress. 

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