Reading Room

Lehman Brothers Crisis May Meltdown State Workers’ Compensation Programs

Workers' Compensation

Jon 12951

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 gurus 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.
 

NJ Workers' Compensation Carriers Win a "Get Out of Jail Card" on Asbestos Liability Claims

Workers' Compensation

Jon 9620

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.

Lead Paint Creates Potential New Wave of Occupational Disease Claims

Occupational Exposure

Jon 10166

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 of exposure to impaired brain function, over time, in adults, results in early aging. Employers and insurance carriers should brace themselves for a wave of claims.

Clearing the Workers’ Compensation Benefit Highway of Medical Expense Land Mines

Workers' Compensation

Jon 12172

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.

Stress in the Workplace: The Availability of Workers' Compensation Benefits

Workers' Compensation

Jon 7565

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. 

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