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sandramsizemore · 6 years ago

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What To Do 24 Hours Before Exams

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sandramsizemore · 6 years ago

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Federal opioid limitations: Good intentions, bad outcomes

Today's guest author is Jon Rehm, Esq. of the Nebraska bar.

Senate Republicans and Democrats, including Presidential candidate Kirsten Gillibrand, have introduced legislation that would limit opioid prescriptions to a set number of days and limit refills. In my view such legislation would negatively impact people who were injured on the job.

I mostly agree with analysis of the legislation that was recently published in Rewire. One size fits all solutions don’t account for the needs of patients with chronic pain. Recently authors of the Centers for Disease Control guidelines for opioid prescriptions have stated that those guidelines have been misused to arbitrarily limit opioid prescriptions for pain management.

As a practical matter, in my experience prescriptions for opioids are already severely limited for injured workers. Statutory limits on opioids are a good excuse for insurers and self-insureds to wash their hands of future medical care obligations under workers compensation.

Opioid prescription limitations have other effects. Pain doctors who don’t prescribe opioids have more time to perform procedures. Procedures are more profitable for doctors and increase cost. Primary care doctors are often reluctant to prescribe opioids which puts more pressure on pain management doctors.

There are alternatives to opioids for pain management. Stem cell therapy has shown promise in treating pain. But insurers are reluctant to approve those options as that could increase costs for them and leave medical claims under workers’ compensation open.

I believe that opioid prescription monitoring is a better solution to fighting addiction than prescription limits. Those systems can flag potential problem users and get them help. In the case of someone hurt on the job who develops an addiction to pain medication, treatment for that addiction could be covered by workers compensation.

Massachusetts also developed what amounts to a drug court for opioids within their workers’ compensation court. Problem solving courts, like drug courts, are being increasingly used to help those with substance use issues in the criminal justice system. Massachusetts has adopted the idea in an administrative setting. Federal limits on opioid prescriptions would run counter to innovative programs put in place at a state and local level.

Workers compensation laws developed in the early 20th century when workplace safety laws could only be constitutionally enacted through state police powers under the 10th Amendment. Constitutional law evolved changed during the New Deal era which gave Congress broader regulatory powers over workplace safety and the economy in general.

As a result of the broadening of federal regulatory powers, federal laws limiting opioid prescriptions would likely be constitutional even if they interfered with innovative state programs like Massachusetts workers’ compensation opioid court. While the federal government seems to feel compelled to undercut state workers compensation laws to the detriment of workers, the federal government has given up on oversight of state workers compensation laws that could benefit workers.

The United States Department of Labor monitored state workers compensation laws as result of recommendations from the National Commission on State Workers Compensation Laws.The Commission set up 18 standards for state laws. The DOL stopped overseeing state workers compensation laws in 2004.

In 2015 several Senators and Congressional members, including then and current Presidential candidate, Vermont Senator Bernie Sanders, wrote to the Secretary of Labor about reinstating federal oversight of state workers compensation laws. Reporting by Pro Publica highlighted the shortcomings of state workers’ compensation laws The Department of Labor has made no progress on federal oversight of state workers’ compensation laws since then.

See also:

The Oklahoma Settlement: A Promising Impact on Workers' Compensation

State of NJ Sues a NJ Based Opioid Manufacturer Seeking Reimbursement for Workers' Compensation

Editorial: Why is the Florida Senate helping drug companies in opioid lawsuit?

Expert witness in opioids MDL: Fixing crisis will cost $438 billion

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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Asbestos in Bowling Balls Results in $4.4 Million Verdict

A jury in California sided with the family of a former bowling alley owner who contracted mesothelioma after drilling asbestos-containing bowling balls for years.

A Los Angeles County jury awarded $4.4 million to the family of a former bowling alley owner, Donald Vanni. The jury found asbestos supplier Honeywell International Inc. (Honeywell) responsible for Donald Vanni’s mesothelioma and death.

“Honeywell refused to take responsibility here, and we held them accountable,” said Waters Kraus & Paul co-founder Peter Kraus. “I am so happy for the Vanni family.”

Donald Vanni was born and raised in Arcata, Calif. He and his brother co-owned and operated Arcata Bowl bowling alley for 30 years, from 1957 to 1986. Donald worked at the bowling alley seven days a week trading off opening and closing shifts with his brother. One of Donald’s responsibilities was drilling custom-fit finger holes in the bowling balls that the Arcata Bowl sold.

Asbestos, used as a filler in plastic Ebonite bowling balls, was supplied by Honeywell in the form of discarded brake lining dust. The brake dust was the waste product of Honeywell’s Bendix brake manufacturing plant in Troy, New York. In the late 1960s, documents show that the Bendix plant was generating 15 tons of asbestos-laden brake dust each day. But, rather than pay money to safely dispose of this asbestos-laden waste, Honeywell opted to sell it as a filler in commercial products, including Ebonite bowling balls.

Other companies used asbestos in the manufacturing of bowling balls. Raybestos-Manhattan at its Passaic NJ factory has been know to have used asbestos fiber in its manufacturing process. The facility closed in the mid 1970's and resulted in massive asbestos litigation including workers' compensation claims and third party-litigation. Raybestos-Manhattan [a/k/a Raytech] filed for bankruptcy.

Ebonite was one of the most popular balls in the 1960s and 1970s, including at the Arcata Bowl, and was endorsed by professional bowlers such as Don Carter and Earl Anthony. Donald Vanni routinely drilled Ebonite balls in a small room, with no protection, for years. No one ever told the Vannis that the Ebonite balls contained asbestos.

Donald was in good health until he was diagnosed with pericardial mesothelioma in 2012. He and his wife had lived an active lifestyle. They would regularly go fishing, golf, and were active members in their Church. The Vannis also enjoyed sporting and entertainment events, and visiting their grandchildren. Donald died of mesothelioma in 2013, leaving behind two adult sons and his wife of 55 years.

The jury found that Honeywell’s asbestos waste presented “a danger to persons using the products as intended.” They said that Defendant Honeywell failed to adequately warn of the potential risks and Honeywell’s negligence was a substantial contributor to Donald’s mesothelioma.

“The verdict serves as a reminder that, in our civil justice system, a jury of 12 peers can still hold the nation’s largest corporations to account,” said Michael Connett.

On April 19, 2019, the jury awarded $4,397,716 to the Vanni family, finding Honeywell International Inc., 40 percent liable. The case is Case No: BC544355/JCCP4674; Barbara Vanni, et al. vs. AMF Bowling Centers, Inc., et al., Los Angeles Superior Court.

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…. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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House Appropriations Committee Releases Discretionary Labor-HHS Funding Bill

Worker safety and health is a focus of the just released House Committee on Appropriations. The Legislation increases discretionary funding by $11.7 billion from the 2019 level, investing in education, health care, medical research, and job training so people have a better chance at a better life; Bill funds firearm injury and mortality prevention research at CDC for first time in more than 20 years.

The House Appropriations Committee today released the draft fiscal year 2020 Labor, Health and Human Services, Education, and Related Agencies (LHHS) funding bill, which will be considered in subcommittee tomorrow. The legislation includes funding for programs within the Departments of Labor, Health and Human Services, and Education, and other related agencies, including the Social Security Administration.

“This year’s Labor-HHS-Education funding bill—the People’s bill—makes historic investments in programs that provide opportunities for millions of people,” said House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies Chairwoman Rosa DeLauro. “…. We also protect our nation’s workers and help ensure access to good jobs through increased funding for workforce training, apprenticeship programs, and worker protection programs at the Wage and Hour Division and Occupational Safety and Health Administration. Finally, we invest in people’s health through groundbreaking medical research at National Institutes of Health, our public health and food safety infrastructure at Centers for Disease Control and Prevention, and women’s health. Through billions in smart, increased investments, our bill will help people across the country at every stage of their life. I look forward to passing it into law.”

“Not only does this bill resoundingly reject the proposed cuts in President Trump’s budget that would have hurt working families, it provides a robust increase in funding for important national priorities that create jobs and grow the economy, improve health security, and build a stronger future for all Americans,” said House Appropriations Committee Chairwoman Nita Lowey. “This includes increased funds for lifesaving medical research, opioid abuse treatment and prevention, early childhood education, women’s reproductive health, student debt relief, and job training. Additionally, for the first time in more than 20 years, it also includes funding to ensure the CDC can conduct scientific research to reduce injuries and save lives from gun violence. With this bill, we are empowering families and communities and making the investments needed to keep up with America’s health care, education, and workforce needs.”

A summary of the draft fiscal year 2020 LHHS funding bill is below. The full text of the bill is here. The subcommittee markup will be webcast live and linked from https://appropriations.house.gov/events/markups.

Bill Summary: $1.8 billion for Worker Protection Agencies, $237 million above the fiscal year 2019 enacted level and $210 million above the President’s budget request. Within this amount, the bill includes: $298 million for the Wage and Hour Division, an increase of $69 million above the 2019 enacted level and $66 million above the President’s budget request. $661 million for the Occupational Safety and Health Administration, an increase of $103 million above the 2019 enacted level and the President’s budget request. $120 million for the Office of Federal Contract Compliance Programs, an increase of $17 million above the 2019 enacted level and $16 million above the President’s budget request. $13 billion for the Social Security Administration’s (SSA) operating expenses, with an increase of $300 million above the 2019 enacted level to hire additional staff at field offices, teleservice and processing centers and improve public services. …. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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Workplace stress linked to heart disease

Today’s post is shared from sciencedaily.com

Work stress and impaired sleep are linked to a threefold higher risk of cardiovascular death in employees with hypertension. That's the finding of research published today in the European Journal of Preventive Cardiology, a journal of the European Society of Cardiology (ESC).

Study author Professor Karl-Heinz Ladwig, of the German Research Centre for Environmental Health and the Medical Faculty, Technical University of Munich, said: "Sleep should be a time for recreation, unwinding, and restoring energy levels. If you have stress at work, sleep helps you recover. Unfortunately poor sleep and job stress often go hand in hand, and when combined with hypertension the effect is even more toxic."

One-third of the working population has hypertension (high blood pressure). Previous research has shown that psychosocial factors have a stronger detrimental effect on individuals with pre-existing cardiovascular risks than on healthy people. This was the first study to examine the combined effects of work stress and impaired sleep on death from cardiovascular disease in hypertensive workers.

Jian Li, Seryan Atasoy, Xioayan Fang, Peter Angerer, Karl-Heinz Ladwig. Combined effect of work stress and impaired sleep on coronary and cardiovascular mortality in hypertensive workers: The MONICA/KORA cohort study. European Journal of Preventive Cardiology, 2019; 204748731983918 DOI: 10.1177/2047487319839183

See also: Shift Work Reportedly Causally Related to Increase Risk of Diabetes and Heart Disease

…. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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Occupational Exposure to Diacetyl and Acetaldehyde Results in Compensable Colorectal Cancer

An employee exposed at work to flavoring ingredients including Diacetyl and Acetaldehyde, was awarded workers’ compensation benefits as a result of being diagnosed with colorectal cancer. The case is significant because the Court adopted scientific evidence that associated chemical exposure in the workplace to an increased risk of a malignancy based on expert testimony that by DNA testing, the exposed worker’s body could not detoxify from the hazardous chemical.

The injured worker was employed for about 7 years at Advanced Biotech (AB) in Paterson NJ as a working manager. The chemical company manufactured flavor ingredients and had over 1,000 chemicals on the premises.

At the trial level the judge of compensation held:

“[I]f in the course of [petitioner’s] work he is exposed to something that more probable than not causes him harm, he’s entitled to have that harm covered, and there’s a recognition implicit in that that we are not going to come forward with any certitude, but this man has colorectal cancer. There’s no question about that.

“There is in his history presented no alternative cause. There is the certitude that he was exposed to a great deal of chemicals that could have harmful effects including causing cancer. That to me is sufficient for ... a finding that it is more probable than not that his exposure on this job caused the cancer he presently experiences, and I so find.

“The respondent is responsible for treatment going forward.

The Appellate Court held that these criteria were satisfied in establishing causal relation:

1. “In order to establish an occupational disease, an employee typically must prove both legal and medical causation. A worker must prove that ‘the exposure to a risk or danger in the workplace was in fact a contributing cause of the injury.’ Lindquist v. City of Jersey City Fire Dep’t, 175 N.J. 244, 259 (2003). “

2. “’[D]irect causation is not required; proof establishing that the exposure caused the activation, acceleration or exacerbation of disabling symptoms is sufficient….If the employee proffers a medical expert to prove causation, the scientific theory will be considered sufficiently reliable ‘if it is based on a sound, adequately-founded scientific methodology involving data and information of the type reasonably relied on by experts in the scientific field. Rubanick v. Witco Chem. Corp., 125 N.J. 421, 449 (1991).

3. The “’employee must demonstrate by a preponderance of the evidence that workplace environmental exposure was “a substantial contributing cause of ... [the] occupational disease.’” Rubanick v. Witco Chem. Corp., 125 N.J. 421, 449 (1991).

“Thus, the judge reasonably concluded petitioner established by a preponderance of the evidence that his workplace environmental exposure was “a substantial contributing cause of ... [the] occupational disease.” Lindquist, 175 N.J. at 263. Contrary to AB’s arguments, a petitioner need not prove direct causation. See id. at 259. “[P]roof establishing that the exposure caused the activation, acceleration or exacerbation of disabling symptoms is sufficient.” Ibid.”

The reviewing tribunal also held that continued medical care is warranted. “The severity of his colorectal cancer condition (Stage IV) preclude[s] [petitioner] from return[ing] to work at the present time. Given the relatively poor prognosis associated with his severe disease, the likelihood that he will recover from his condition to the extent that he will be able to return to work in any capacity in the foreseeable future is low. As such he is deemed as permanently and totally disabled from the time of his colorectal cancer diagnosis to the present time, and going forward.”

“The New Jersey Supreme Court in Lindquist v. City of Jersey City Fire Dept., 175 N.J. 244, 814 A.2d 1069 (2003) provided a very simple and basic approach that allows for the necessary proof in complex cases. The Court recognizes that a need for guidance that existed due to an increase in the filing of complex occupational claims and the necessity for parties to rely more frequently upon new and novel scientific theories. *** The Lindquist Court, in it's quest to establish a standard for the admission for scientific evidence in workers' compensation claims, reviewed the concepts of legal and medical causation and the burden of proof required to sustain admissibility. The Court recognized that it was not necessary to prove legal causation or risk of danger within the workplace. The risk only need to have been a contributing cause.” “Medical experts—Admissibility of expert evidence.” Gelman, Jon L, Workers’ Compensation Law, 39 NJPRAC 26.4 (Thomson-Reuters 2019).

This case takes the next step in implementing the Lindquist Doctrine as to introduction and judicial reliance upon scientific evidence to prove causation in a workers’ compensation claim.

Proscia v. Advance Biotech, Docket No. A-3017-17T2, 2019 WL 1869015 (NJ App. Div. 2019) Decided April 26, 2019. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

See also:

A new wave of occupational disease - Flavor & Fragrance Lawsuits (gelmans.com) …. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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NJ Governor Murphy Signs Legislation Providing Information on Public Works Projects

Nj Governor Phil Murphy today signed S3129 into law, which will require the Commissioner of the Department of Labor and Workforce Development to create a list of labor organizations that represent workers who engage in public work projects.

Under the law, the list will include hourly rates, required fringe benefit rates, and regions in which the labor organizations represent workers. The list will be available on the Department of Labor and Workforce Development’s website as a tool for municipalities to utilize when planning public work projects.

“Municipalities planning public works projects should have access to information about the wages and benefit levels received by employees who are represented by organized labor,” said Governor Phil Murphy. “I’m proud to sign this bill into law and require the creation of such a list to assist municipalities.”

“The public list of regionally based wage rates and benefit requirements will help municipalities and others engaged in public works budget for upcoming projects both large and small, ensuring quality work gets done quickly by skilled tradesmen and women,” said Labor Commissioner Robert Asaro-Angelo. “The Labor Department looks forward to administering this new law.”

“Labor organizations play an important role in our country's work force and for the quality of life for working families,” said Speaker Craig Coughlin. “This bill will provide localities with a more streamlined process to secure workers for public projects which will help to boost our state’s economy and improve workers’ economic status and working conditions. Another goal of this bill is to generate savings for municipalities which will help ease the burden on New Jersey taxpayers.”

“When a town has a project to get done, they want to do so in the most cost-effective way possible,” said Assemblywoman Verlina Reynolds-Jackson. “With this law, it will be incredibly easy for municipalities to search for laborers who will deliver quality work for a fair price. By giving towns a way to minimize costs, we will ultimately save property taxpayers money.”

“The process of finding workers to complete construction projects can be tedious and time-consuming,” said Assemblyman Eric Houghtaling. “The list created through this law will serve as a one-stop shop for localities looking for workers in their area and will help ensure they get the best price for the job. When municipalities save money, taxpayers are the winners.”

“New Jersey will become the only state with a compiled list of all labor organizations which represent workers on public contracts,” said Senator Troy Singleton. “The list will include employers who have been found to not have paid workers the prevailing wage. This list will also be incredibly beneficial for public works projects, allowing for the right workers to be found in order to complete a project.”

“This law provides local, municipal and county administrators with a new tool to more expeditiously hire skilled labor for public works jobs,” said Senator Joseph Vitale. “Some towns already employ the practice, but this law will require the Department of Labor to create the list for all mayors statewide to use. It’s another tool in a mayor’s tool box and reduces the need to add new, permanent government employees to the payroll.”

“This bill will provide information about public works projects that will demonstrate the wages and benefits that organized labor has been able to secure for its members,” said William T. Mullen, President of the New Jersey State Building and Construction Trades Council. “I applaud Governor Murphy for his leadership and his consistent support for organized labor.”

See also:

NJ Monitors Wages: A Benefit for Injured Workers

…. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'; min-height: 14.0px} span.s1 {color: #dca10d}

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sandramsizemore · 6 years ago

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Massachusetts Birth Injuries on the Rise

The health care industry is coming under increasing fire for the high number of birth injuries that occur each year in the United States.

Physicians with specialities in obstetrics or pediatrics account for nearly half of all medical malpractice claims. Specialists in orthopedics, emergency medicine and family medicine are also among the most common defendants in birth injury claims.

Victims are most commonly neonate (less than 1 month old), although claims are fairly evenly split among neonates, infants in their first year, adolescents and teenagers. Contrary to popular belief, the hospital is not the most common site of alleged malpractice, except for neonate claims, 60 percent of which involved labor or delivery. Otherwise, the most common treatment location in cases where malpractice is alleged is a physician’s office or clinic.

Our Boston birth injury attorney reported last year on the high risk of maternal death during childbirth in the United States. An investigation by the USA Today Network found more than 50,000 mothers are injured and more than 700 die while giving birth in the United States each year.

Birth Injury Claims: Risk and Liability

Medical malpractice claims involving children fall into the following categories:

Neonate Injuries: Nearly half of these claims involved brain injury. Injury to the arms was the second-leading cause.

Infant Injuries: Brain injury account for about one-third of all claims, followed by lung or respiratory injuries, and heart injuries.

Adolescent Injuries: Brain injury, lung and respirator injuries and eye injuries are the leading causes, although injuries to older children are much more diverse; these three causes account for only about 30 percent of medical malpractice claims involving this age group.

Teenager Injuries: Brain, teeth, and joint injuries were the most common medical malpractice claims involving older children.

Nationwide, about 75 percent of claims were filed within three years of injury. Massachusetts statute of limitations for medical malpractice claims is three years and can be found in M.G.L. Ch. 260 Sec. 4 and M.G.L. Ch. 231 Sec. 60D. In cases involving children, a medical malpractice claim must also be filed with three years. However, the Discovery Rule, permits victims to file claims beyond the deadline in cases involving delayed discovery of injury or malpractice. Under Massachusetts law, cases involving minors must be filed within three years from date parent’s had knowledge or sufficient notice that defendant’s medical care may have resulted in injured. Children under age of 6 years old have until the 9th birthday, regardless of date of injury.

The statute of repose puts an absolute deadline of seven years on most Massachusetts medical malpractice claims, regardless of date of discovery. The only exception is for medical malpractice claims involving foreign objects left in the human body.

Medical malpractice claims in general, and birth injuries in particular, are among the most costly and legally and medically complex claims a Massachusetts law firm can handle. Finding a law firm with the experience and resources to prevail against some of the nation’s largest insurance companies and legal defense firms is essential to making a successful demand for damages. Our birth injury lawyers in Boston will carefully review your case, and consult with leading medical experts, to determine the full extent of your damages and to identify all of the parties responsible.

M. G.L c. 231, § 60H puts a cap of $500,000 on medical malpractice awards when it comes to pain and suffering, loss of companionship and other general damages. Exceptions exist for cases involving substantial disfigurement or where such limits would otherwise deprive plaintiff of just compensation. Damage caps for some non-profit or government owned healthcare facilities may be capped at $100,000, while damages against a charitable organization are capped at just $20,000. Unfortunately, most Massachusetts hospitals are either municipally owned or are run by charities.

A landmark case, Dylan Keene Vs. Brigham Women’s Hospital, reduced a $4.1 damage award against Brigham and Women’s Hospital to just $20,000. The couple sued Brigham after neonatal care left their child blind and quadriplegic.

But it’s important to note that no damage caps exist for individual employees of non-profit hospitals (such caps do exist for employees of public hospitals). But the Keenes could not sue individuals because Brigham claimed to have lost all of the child’s medical records for the critical treatment period after he contracted neonatal sepsis and meningitis. The hospital appealed the initial award, and the Massachusetts Supreme Judicial Court agreed, saying the hospital was protected by the state’s cap on damages paid by charitable organizations, which reduced the Keenes award to just $20,000.

Justice Roderick Ireland dissented from the majority, arguing that “the charitable immunity cap is doing a disservice to the public by allowing substandard treatment practices to be rewarded by virtue of a corporate status.” Today, nearly all of New England’s most renowned hospitals are operated as “charitable institutions.”

Your chosen medical malpractice law firm must be prepared to argue your case at time of filing, not at some future, undetermined day in court. Massachusetts medical malpractice claims first go before a three-person tribunal (including a lawyer and a medical doctor), where they must prove sufficient evidence of malpractice before being allowed to proceed to a claim in court.

Birth Injury Medical Malpractice Claims in Boston

Proving a medical malpractice claim involving birth injuries requires significant review of medical records by experts in the field.

Common causes of Massachusetts birth injury claims:

Cerebral Palsy: A brain injury involving muscle control, more than 10,000 cases of cerebral palsy are diagnosed each year in the United States, an increase of more than 25 percent in the last decade.

Erbs Palsy: Damage to the Brachial Plexus nerves in the shoulder, resulting in weakness and loss of function in the arms. Most common results from excessive pulling during child birth.

Pre-Eclampsia/Eclampsia: This terrifying, life-threatening medical condition can effect any expectant mother and can result in death of mother or infant, and/or premature birth and other serious medical complications. Late diagnosis or failure to diagnose most commonly results in a life-threatening medical crisis.

C-section injuries: The number of c-sections has skyrocketed in the United States. While c-sections can be necessary and life-saving medical procedures, they are also among the riskiest child births.

Giving birth is not without risks. But the United States has among the highest rates of infant and mother mortality of any developed nation in the world. If you are dealing with a birth injury, availing yourself of the opportunity for a free and confidential consultation with a leading Massachusetts law firm is among the best things you can do to protect the rights and financial well-being of you and your family.

If you have suffered personal injury in Massachusetts, call the Law Offices of Jeffrey S. Glassman for a free and confidential appointment — 1-888-367-2900.

The post Massachusetts Birth Injuries on the Rise appeared first on Boston Personal Injury Attorney Blog.

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sandramsizemore · 6 years ago

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When active shooter drills lead to workplace injuries

Today's guest author is Jon Rehm, Esquire of the Nebraska Bar. The United States has one of the highest rates of gun violence in the developed world. Unfortunately the workplace is no sanctuary from this violence. Many workplaces, schools in particular, participate in active shooter drills. But an active shooter drill at a school in Indiana lead to more workplace violence. As reported in Splinter, teachers in Monticello, Indiana were shot “execution style” with pellet guns by sheriff’s deputies participating in a mass shooter drill. Indiana teachers have helped introduce legislation outlawing that practice. The practice of shooting people with pellet guns during active shooter drills raises a few legal issues. True to the title of this blog, any physical injury caused by being shot with a pellet gun during a workplace active shooter drill would be covered under workers’ compensation. At least in Nebraska any mental injury stemming from the phyiscal injury should be covered under workers’ compensation as well. Workers’ compensation pays limited benefits regardless of fault of the employee or employer. Workers’ compensation does not pay for pain and suffering or generally punish employers for bad conduct. But an employee can bring a so-called third-party case if the conduct of someone other than the employer caused the injury. In the Indiana case, it was a county sheriff who shot the teachers with pellet guns. So, the injured teachers and school workers could bring a case for intentional assault or possibly even a civil rights case against the sheriff’s department. Of course any state actor responsible for an injury has some protections under sovereign immunity for their misconduct. (Sovereign immunity usually is not an issue in workers’ compensation) Besides being compensated for physical and mental injuries, an employee who is intentionally injured in an active shooter drill may have employment law concerns as well. In my experience, an employer dumb enough to let their employees be assaulted would be bird-brained enough to retaliate against an employee who made a workers’ compensation claim for the injury. That same employer would probably also retaliate against an employee who reported safety concerns to an outside agency like OSHA. In a public school setting, the school would have some defenses in an employment law case via sovereign immunity. But public schools are generally unionized and unions can be a great resource for employees who are intentionally assaulted on the job. As mentioned above, the teachers union in Indiana supported legislation to ban the practice of shooting people with pellet guns during active shooter drills. Solid union representation can also help protect employees who speak out against unsafe practices in the workplace.

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sandramsizemore · 6 years ago

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Employment Status Not Dependent of Exercising the Right to Control

Who an employee works for is determined by whether an employer may control the employee and not the exercise of the right. A NJ Appellate Court ruled in a dual employment issue that employment status is not dispositive by a single factor and that right to control an employee can be shared which establishes a dual employment situation.

A worker was injured while cleaning rooms in a nursing facility. The owner/operator of the facility outsourced the cleaning to another company.

The facility owner retained the authority to determine where the worker cleaned and could request that the worker revisit her work if the owner/operator determined it to be unsatisfactory. And the owner/operator paid the outside cleaning company once per month and retained the authority to request termination of an employee.

Theezan v. The Allendale Community for Senior Living, 2019 WL 16481058 (N.J. App. Div. 2019) Decided April 16. 2019.

UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal

Today’s post is shared from ewg.com

The rule announced today by the US Environmental Protection Agency claiming to strengthen the agency’s ability to restrict certain uses of the notorious carcinogen asbestos falls short of what is required to fully protect public health, said The Environmental Working Group [EWG] legislative attorney Melanie Benesh.

The so-called significant new use rule, or SNUR, restricts uses of asbestos that have already been abandoned by industry. Instead of outright banning asbestos, the SNUR merely requires manufacturers to notify and seek approval from the EPA before resuming these uses.

“This new rule makes it more difficult for industry to resume some abandoned uses of asbestos, but that is a half step at best,” said Melanie Benesh, legislative attorney at EWG. “Administrator Wheeler should use the authority under the new Toxic Substances Control Act law and ban all uses of asbestos. That is the only way the public can trust industry will never again be able to use this dangerous material that has literally killed tens of thousands of Americans.”

See also:

The Risks of Asbestos, Russian or NotNYTimes EPA Removes Part of Libby Asbestos Cleanup from Superfund List EcoWatch

Critics say new EPA rule could reintroduce asbestos use - The Hill

EPA Rule Would Bar Reintroduction of Asbestos - Law360

US Surgeon General Alerts Americans to the Hazards of Asbestos Disease

A Complete Ban of Asbestos Urged

US Lawmakers Urged EPA to Investigate Talc Products

Ban Asbestos: Rotterdam Conference Highjacked by "The Dirty 7"

US Senators Introduce Bill to Ban Asbestos and Protect Public Health

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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CDC has requested comments for the feasibility of a mesothelioma registry

The National Institute for Occupational Safety and Health (NIOSH), within the Centers for Disease Control and Prevention (CDC), has announced the opening of a docket to obtain information on the feasibility of a registry designed to track mesothelioma cases in the United States, as well as recommendations on enrollment, data collection, confidentiality, and registry maintenance. The purpose of such a registry would be to collect information that could be used to develop and improve standards of care and to identify gaps in mesothelioma prevention and treatment.

Comments may be submitted electronically, through the Federal eRulemaking

Portal: http://www.regulations.gov, or by sending a hard copy to the NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 1090 Tusculum Avenue, Cincinnati, OH 45226. All written submissions received must include the agency name (Centers for Disease Control and Prevention, HHS) and docket number (CDC-2019-0029; NIOSH-327) for this action. All relevant comments, including any personal information provided, will be posted without change to http://www.regulations.gov. Comments must be received by July 8, 2019. Comment now.

The fiscal year 2019 appropriations act charged NIOSH with initiating a feasibility study for a National Mesothelioma Registry. Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019, HR 6157 (enacted). See also Department of Defense for the Fiscal Year Ending September 30, 2019, and for Other Purposes, House of Representatives Conference Report No. 115-952 (2018). The conference report accompanies HR 6157 and explicitly directs NIOSH to “initiate a feasibility study for a patient registry, which would include developing case finding methodology to determine incidence and prevalence, demographics, and risk factors.”

Mesothelioma is a rare cancer of the body's lining tissue, most commonly the lining of the chest and lungs (pleura) and the lining of the abdomen (peritoneum). The most common risk factor for mesothelioma is prior asbestos exposure. Mesothelioma treatments are limited and survival is generally poor. NIOSH is the Federal agency that develops new knowledge in the field of occupational safety and health and transfers that knowledge into practice. NIOSH has a strong interest in preventing mesothelioma and helping people with the disease, since the most common known cause is exposure to asbestos, a dangerous occupational hazard for many workers.

Cancer is a reportable disease in every state. Data about new cases of mesothelioma are reported to state or local cancer registries, annually submitted to CDC or the National Cancer Institute (NCI), and then compiled by CDC in the U.S. Cancer Statistics database. U.S. Cancer Statistics: the Official Federal Cancer Statistics. https://www.cdc.gov/cancer/uscs/index.htm.

However, existing cancer registries collect only limited information about potential risk factors and issues occurring over time, such as treatment complications. In addition to the limitations on the scope of existing surveillance systems, it may take 6 months or more from the time of diagnosis until mesothelioma cases are initially reported to a cancer registry, and then another 1-2 years to be reported in U.S. Cancer Statistics.

Because about half of those diagnosed with mesothelioma die within 1 year, to be of benefit to registrants, a registry would need to develop a case-finding methodology to enroll registrants as soon as possible after diagnosis to allow timely access to contemporary state-of-the-art therapy and clinical trials. It has been reported that many mesothelioma patients do not receive this level of care. Waller DA [2018], The Management of Malignant Pleural Mesothelioma in the USA 2004-13—A Decade of Lost Opportunity? J Thorac Dis 10(Suppl 9):S1044-S1046.

Ideally, the case-finding methodology would be national in scope and identify most people diagnosed with mesothelioma, thus allowing researchers to use this current data to determine incidence and prevalence, demographics, and risk factors, as required by the 2019 appropriations act.

A National Mesothelioma Registry could address the limitations of existing registries by reducing case reporting delays, collecting detailed information regarding risk and prognostic factors, and by engaging with researchers to better enable them to identify gaps in the current understanding of mesothelioma prevention and treatment and improve the standard of care for current and future patients.

In order to study the feasibility of establishing a National Mesothelioma Registry, NIOSH requests information from the public on the potential usefulness of a registry and potential approaches to establishing and operating it. Accordingly, NIOSH seeks input and advice from all interested parties in response to the following questions:

1. Would a registry be an effective tool in improving mesothelioma patient care? If yes, please describe how a registry could be used to improve current care.

2. Would a registry be an effective tool in facilitating clinical mesothelioma research? If yes, please describe how a registry could be used to facilitate clinical mesothelioma research.

3. Would a registry be an effective tool in facilitating basic or epidemiological mesothelioma research? If yes, please describe how a registry could be used to facilitate basic or epidemiological research.

4. What are the best potential approaches to recruiting and enrolling mesothelioma patients in a registry as soon as possible after diagnosis? What barriers can be anticipated? How can these barriers be overcome?

5. What information should be collected by a mesothelioma registry? How would that information be useful for improving patient care or facilitating clinical, basic, or epidemiological research?

6. What services should a registry provide to mesothelioma patients, clinicians, researchers, and other interested stakeholders?

7. Who should have access to information gathered by a mesothelioma registry?

8. How could a mesothelioma registry protect the confidentiality of information about registry participants yet still be used for patient care and research? Please describe how personally identifiable information should be protected.

9. Are there particular types of organizations that would be best suited to host or manage a National Mesothelioma Registry? If so, please explain the advantages and disadvantages of the recommended types of organizations.

10. What types of resources would be needed to establish and maintain or participate in a National Mesothelioma Registry, including for clinical sites that diagnose patients, cancer registries and state public health departments, a central data center, and potentially other participants involved in recruiting and enrolling patients, gathering and storing information, providing various services, and following patients over time?

11. Is there other information that NIOSH should consider in assessing the potential usefulness, feasibility, and potential approaches to establishing and operating a National Mesothelioma Registry? If yes, please describe.

Federal Register Number: 2019-06784 See also: Asbestos Cement Factories Pose High Risk Mesothelioma WHO Urges Worldwide Asbestos Ban: Mesothelioma Rates Surge Workers' Compensation: Genetic Pre-Disposition to Mesothelioma New staging of mesothelioma tumors may predict outcome How asbestos exposure leads to mesothelioma Lung-sparing surgery for patients with advanced mesothelioma results in prolonged survival, new study shows An Increase Predicted of Reported Mesothelioma Cases Trump Administration May Bring a Surge in Occupational Disease Claims ........ Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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Payment under section 20 invokes the exclusivity bar even if the employer is uninsured

A lump sum payment under Section 20 of the New Jersey Workers’ Compensation law is deemed to be an employee’s complete surrender of rights and therefore it is the exclusive remedy and bars a negligence action. The facts are that a gas station employee was fatally shot and robbed in his employment. The spouse filed a dependency claim before the New Jersey Workers’ Compensation Division and resolved the administrative law matter with an initial payment of $50,000 followed by $5,000 monthly payments for 24 months. Upon satisfactory completion of the payments the Judge of Compensation entered an award under NJSA 34:15-20. Dependency rights were reserved under NJSA 34:15-13 in the final consent order and approval of court of compensation. The employer was uninsured at the time of the accident. Its Workers Compensation insurance had lapsed. Payments under the workers’ compensation award were made directly by the employer.

Three years before the settlement entered by the Judge of Compensation the representative of the estate and the name spouse filed a civil action against the employer and the named owners for negligence. The trial court dismissed the negligence case regretting the defendants motion for summary judgment based upon the payment workers’ compensation for $150,000. The trial court deemed the payment as a full and final settlement of the claim and held that the payment barred the civil action under the exclusivity provisions of the New Jersey Workers’ Compensation Act. NJSA 34:15-8. New Jersey Court of appeals affirmed the trial court ruling for dismissal of the civil action holding that, “....the failure to maintain insurance did not alter the effect of the Workers’ Compensation bar, especially since plaintiff took advantage of the Act’s statutory scheme to obtain benefits under the Section 20 settlement.” Kaur v. Garden State Fuels, Inc., Docket No. A-2315-17T1, 2019 WL1579705, decided April 12, 2019. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

See also:

NJ Uninsured Fund Cracks Down on Uninsured Employers

Exclusivity Rule Adopted in MDL Aviation Law Case

Court Rules Site of Accident Invokes Exclusivity Rule

…. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'; min-height: 14.0px} p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px 'Helvetica Neue'; min-height: 14.0px} span.s1 {color: #dca10d}

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sandramsizemore · 6 years ago

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OSHA New Jersey Contractor For Disregarding Fall Protection Requirements

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Brutus Construction Inc. for exposing employees to fall and other safety hazards at a worksite in Souderton, Pennsylvania. The company faces $181,699 in penalties. An OSHA inspector observed employees working without fall protection on roofs at a residential construction site. OSHA cited Brutus Construction Inc. for willfully exposing employees to fall hazards, repeat safety hazards, and failure to provide fall protection training. “Companies that fail to meet basic fall protection requirements place employees’ lives at risk,” said OSHA Allentown Area Director Jean Kulp. OSHA has cited Brutus Construction Inc. 19 times in the past for similar hazards, and proposed nearly $440,000 in penalties. The company, based in Mount Laurel, New Jersey, has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to help ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit https://www.osha.gov.

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sandramsizemore · 6 years ago

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NJ Monitors Wages: A Benefit for Injured Workers

NJ Labor Department’s recent crackdown on unscrupulous public works Contractors will help injured workers obtain the correct benefit amounts should they suffer a work-related accident. Workers’ compensation benefits are based on wages at the time of the injury.

The New Jersey Department of Labor and Workforce Development’s Wage and Hour Compliance Division has barred two public works contractors from doing business in the state for violations in other jurisdictions, heralding a tough and progressive new enforcement approach against dishonest contractors.

The cases against drywall contractor P& B Partitions and electrical contractor MJK Electrical Corp., both of West Berlin, were settled last month, with each contractor agreeing to a temporary revocation of their registration for violations outside prevailing wage law.

“As I have often said, working on public projects is a privilege, not a right,” said Labor Commissioner Robert Asaro-Angelo. “These cases signal a new and bold effort to ensure that privilege is extended only to contractors who follow our laws, and pertinent laws in other jurisdictions.” P & B Partitions’ two-year revocation follows a civil action in Massachusetts in which the company allegedly failed to pay proper overtime, resulting in $158,139 in back wages and $42,350 in penalties as a result of a ULDOL investigation under the Fair Labor Standards Act.

The case was a consequence of a Memorandum of Cooperation signed by Asaro-Angelo and USDOL officials to solidify cooperation between the two agencies and enhance the enforcement capabilities of state and federal labor laws. In the case of MJK Electrical, the Labor Department’s enforcement action followed a guilty plea by the firm’s vice president, George Peltz, to federal tax evasion, failing to pay payroll taxes, theft from an employee benefits plan, and unlawful payments to a union official.

The company, which indicated its intent to buy out Peltz, agreed to a three-year registration revocation, ending in March of 2022. New Jersey already has one of the strongest prevailing wage laws in the country. The Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48, et seq., requires all contractors, including named subcontractors, to register with the Labor Department before submitting price proposals or engaging in public works contracts exceeding the prevailing wage threshold of $15,444 for municipalities and $2,000 for non-municipal work.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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An Employer Must Provide Accommodation for Off-Hours Use of Medical Marijuana

An employee licensed to use medical marijuana under the New Jersey Compassionate Use Medical Marijuana Act may proceed with a the New Jersey Law Against Discrimination (LAD) action ageist his employer for unlawful termination.

The employee, who was suffering from cancer, received a license from his medical doctor to obtain and use medical marijuana. The employee was involved in a motor vehicle accident and the employer termination his employment upon learning he was using marijuana.

While the court did not address the effect of medical marijuana on job performance or during the employment, it did opine:

“In considering the relationship between the Compassionate Use Act and the LAD, we start by rejecting plaintiff’s argument that these enactments are in conflict. We reject that assertion because the Legislature plainly said there was no conflict; the Legislature’s actual words bear repeating: “Nothing in this act shall be construed to require ... an employer to accommodate the medical use of marijuana in any workplace.” N.J.S.A. 24:6I-14. These words are unambiguous; they require no interpretation and permit no deviation. See DiProspero v. Penn, 183 N.J. 477, 492, 874 A.2d 1039 (2005). Those words can only mean one thing: the Compassionate Use Act intended to cause no impact on existing employment rights. The Compassionate Use Act neither created new employment rights nor destroyed existing employment rights; it certainly expressed no intent to alter the LAD. Just as the Compassionate Use Act imposes no burden on defendants, it negates no rights or claims available to plaintiff that emanate from the LAD.”

“….To rephrase what we said earlier, just because the Legislature declared that “[n]othing in [the Compassionate Use Act] shall be construed to require ... an employer to accommodate the medical use of marijuana in any workplace,” N.J.S.A. 24:6I-14, does not mean that the LAD may not impose such an obligation, particularly when the declination of an accommodation to such a user relates only to use “in any workplace.” Ibid. Judging this argument solely by reference to the pleadings and the statutes in questions, we repeat that plaintiff did not allege he sought an accommodation for his use of medical marijuana “in [the] workplace”; he alleged only that he sought an accommodation that would allow his continued use of medical marijuana “off-site” or during “off-work hours.”

Case law is developing in medical marijuana and how it integrates with the Workers’ Compensation Act (WCA) is yet to be determined.

WILD v. CARRIAGE FUNERAL HOLDINGS, INC., DOCKET NO. A-3072-17T3, 2019 WL 1371206 (N.J. App. Div. 2019)

See also:

US FDA Moves to Further Regulate Marijuana Products (WorkersCompensationBlog 4/9/19)

New Jersey workers' compensation judge has ordered this municipality to cover the cost of a municipal employee's medical marijuana

NJ Expands Access to Medical Marijuana to Include Common Work-Related Conditions

NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy

NJ Calls for Big Increase in Number of Medical Marijuana Dispensaries (NJ Spotlight 4/2/2019)

CBR Is Everywhere, but Scientist Still Don't Know Much About It (NY Times 2/25/19)

Legalized marijuana: Opportunity or time bomb? Part 1 (Property Casualty 360 4/1/19)

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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sandramsizemore · 6 years ago

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Judicial Enforcement is Limited in Workers’ Compensation Claims

The enforcement provisions of the Workers’ Compensation Act [WCA] are strictly limited. Judges of Compensation are mandated to follow the statute, regulations and the specific facts in addressing enforcement issues.

A public entity employee filed a claim for an occupational pulmonary claim and unfortunately died during the pending of the claim. The dependency claim followed and was settled for a lump sum on August 15, 2017. On August 22, 2017 the public entity sent a statutorily mandated vouched for the dependent’s signature. The dependent finally signed and returned the voucher in January 2018 and payment was promptly made. Between the time the voucher was finally signed the petitioner’s lawyer moved for penalties. The enforcement motion was entered in February 2018 without a hearing and without finding of facts being made.

The trial judge who imposed a 76% penalty ($5,000), a counsel fee ($500) and a stenographic fee against an employer (public entity) on a purported delay in payment of a lump sum payment of $7,500 (public entity's share of the settlement was reversed on appeal.

The Appellate Court directed its attention to the enforcement provisions of the WCA and evaluating the underlying facts and the trial judges’ apparent failure to hold a hearing on the issue and address findings of fact that would give rise to substantial credible evidence. N.J.S.A. 34:15-28.2, N.J.A.C. 12:235-3.16(e).

This decision is the second time this month that a reviewing tribunal has directed its attention to the limited enforcement powers of Judge of Compensation and the operative case law. See the sentinel case on enforcement, Stancil v. ACE USA, 418 N.J. Super. 79, 88 (App. Div. 2011), aff’d, 211 N.J. 276 (2012) that addresses the limited realm of temporary disability payments. Historically, enforcement of payment mandated by Stancil and embodies subsequent statutory/regulatory language deals only with the payment temporary disability benefits.

While not mentioning the principles of equity in its opinion, the decision also reviewed the delay and inaction of the petitioner/dependent and her attorney in not timely complying with statutorily mandated compliance for a public entity to make payment. Local Fiscal Affairs Law, N.J.S.A. 40A:51 to -50 that requires a signed voucher from the payee.

RAMELLA v. BOROUGH OF SEASIDE HEIGHTS, DOCKET NO. A-3310-17T3, 2019 WL 1513649, Decided April 8, 2019 UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

See also:

Medical Treatment is an Exclusive Remedy Not a Reasonable Accommodation (3/26/19) The Inherent Judicial Power of Judges of Compensation (10/21/17)

…. Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 [email protected] has been representing injured workers and their families who have suffered occupational accidents and illnesses.

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