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

Workers' Compensation

Jon 10651

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

Workers' Compensation

Jon 11103

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.

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

Workers' Compensation

Jon 12964

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 8302

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. 

National Gypsum Asbestos Bankruptcy Claims Settlement

Asbestos Litigation

Jon 19081

National Gypsum, a leading manufacturer of building materials, filed for bankruptcy in 1990 due to asbestos-related liabilities. As a result, the company established the National Gypsum Asbestos Trust to provide compensation for individuals diagnosed with an asbestos-related illness due to exposure to National Gypsum products.

Who is National Gypsum? Incorporated in Delaware in 1925.Manufacturer and supplier of services for the building and construction industry. Miner of asbestos fibers. Popular trade name: Gold Bond Products
Asbestos products types – drywall, joint compounds, textures, shingles, cement boards, adhesives, acoustical plaster, fireproofing, insulation cement, raw asbestos fiber.

Supreme Court Sets High Judicial Threshold For Evaluating Scientific Evidence

Workers' Compensation

Jon 6481

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.

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