PUTTING "FAULT" BACK INTO WORKERS' COMPENSATION. A bill has been introduced into the NJ Legislature in an attempt to legislatively reverse the recent NJ Supreme Court ruling in Tlumac v. High Bridge Stone which reaffirmed the long standing rule that intoxication must be the "sole cause" of an accident in order to deprive an employee of workers' compensation benefits. The proposed legislation, S2166, amends the workers' compensation law to provide that it in employee was intoxicated when the injury or death occurred, it is presumed that the injury or death was caused by the intoxication and the employee will be barred from receiving workers' compensation.

 Questions and Answers for Part D and Workers’ Compensation Medicare Set-aside Arrangements. This memorandum supersedes the Part D and Workers’ Compensation Medicare Set-aside Arrangements (WCMSA) memorandum that was published on December 30, 2005. It includes policy regarding the inclusion of future prescription drug treatment costs/expenses in WCMSAs. 

The proposed legislation is both conceptually flawed and substantively contrary to legislative intent of the workers’ compensation system established throughout the United States. The enactment of this legislation will strip injured workers of benefits that they have been entitled to since 1911.

 NJ GOVERNOR CLOSES WORKERS' COMPENSATION COURTS UNTIL FURTHER NOTICE DUE TO STATE BUDGETARY CRISIS Governor Jon S. Corzine today signed an Exec...

NJ WORKERS' COMPENSATION CLAIMS DECLINE
The NJ DWC reported a 5% decline in the filing of claims in 2005 (37,248) from 2004 (39,212). The statistic also represents a 31% decline from 1992 (54,164). This is consistent with the 25% decline in the number of indemnity claims paid in NJ from from 1992 to 2002 as reported by NJ CRIB. NJ Medical costs have soared 108% during the same period of time while indemnity has risen only 48%..

This unique program featured a panel including some of the most respected workers’ compensation attorneys in the state. They will review and explain procedures and techniques for successful motion practice.

 The NJ Institute for Continuing Legal Education recently presented the 3rd Annual seminar on hot topics and issues in workers' compensation law. A panel of State and national experts addressed important issues that have been identified over the last year.

 CMS RASIES THRESHOLD to $25,000 FOR REVIEW CMS' April 25, 2006 Memorandum regarding WCMSAs and Revision of the Low Dollar Threshold for Medicar...

3rd ANNUAL THIS YEAR IN WORKERS' COMPENSATION: Top Issues & Cases. May. 10, 2006 4p-8p, Pines Manor, Edison, NJ.

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce, takes up the topic of Evidence in the Complex Workers Comp Case.

 CALIFORNIA Three proposals would revise the governor's overhaul of coverage for those hurt on the job. Three ballot proposals that could cost ...

TAINTED TISSUE AND BONES USED IN TRANSPLANTS 

 The Congressional Budget Office again indicted that the proposed asbestos reform trust fund would be inadequate. In a letter to Senator Spector it commented as follows: "The proposed trust fund might or might not have adequate resources to pay all valid claims. There is a significant likelihood that the fund’s revenues would fall short of the amount needed to pay valid claims, debt service, and administrative costs. There is also some elihood that the fund’s revenues would be sufficient to meet those needs. The final outcome cannot be predicted with great certainty.

 HOT TOPICS IN WORKERS COMPENSATION LAW ANNOUNCED  3rd Annual THIS YEAR IN WORKERS’ COMP: TOP ISSUES & CASES Wed. May 10, 2005 - Edison, NJ

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

IT IS ALL ABOUT THE MEDICAL.....It has been widely reported that medical costs exceed the indemnity portion (temporary and permanent disability benefits) in many jurisdictions. This was again confirmed by the recent report issued by NASI (Workers' Compensation: Benefits, Coverage, and Costs, 2003). The business of workers' compensation has now become a reimbursement vehicle for group health carriers. 

  A 4.1 percent cost-of-living increase in Social Security benefits under title II of the Social Security Act (the Act), effective for December 2005

 While each State has its own approach to workers' compensation and personal injury claims, one common denominator is the role of the newly named Centers for Medical and Medicare Services (CMS), formally known as the Health Care Financing Administration (HCFA), and in particular its Medicare Coordination of Benefits (COB) section. 

In an effort to speed the process and obtain quicker review of proposed Workers' Compensation Medicare Set Aside Agreements (WCMSAA), CMS has published a sample 29 page sample submission.

 The International Labour Conference (ILO) in Geneva reported that cancer was the cause of 32% of the world wide job related deaths in the world.