Agreeing that an injured employee had sufficiently shown that medical marijuana represented reasonable and necessary medical treatment under New Jersey’s Workers’ Compensation Act, the Supreme Court of New Jersey affirmed a decision by a lower appellate court that...
Because an employee’s duties at her employer’s “Family Fun Day” were essentially the same as her normal duties—she was a cook—her workers’ compensation claim for injuries sustained when she stepped in a small pothole, injuring her ankle, was not barred by a New...
A tort action filed by a worker who had been assigned to a firm that utilized forklifts in its warehouse area cannot proceed since the worker's exclusive remedy was pursuant to the New Jersey Workers' Compensation Act, held a state appellate court. The...
Where an employee of a New Jersey company alleged that prior to his severe injury, the employer removed an important safety guard on a heavy machine, replacing it with a piece of tape so as to allow for continuous operation, and where the employee also alleged...
The Appellate Division of the Superior Court of New Jersey, in a case of first impression, affirmed a workers’ compensation judge’s finding that an employer was required to reimburse its employee for the employee’s use of medical marijuana dispensed under the state...
Construing New Jersey’s “substantially certain” rule, as applied to intentional tort claims filed against employers and co-employees, a state appellate court held that a former employee of a pharmaceutical company could not move forward against...
Waiver or “disclaimer” clauses, typically found in the employment agreements of New Jersey workers that work for employment services firms, pursuant to which the employee prospectively waives third-party claims against the employer’s customers...
An employer and employee created an employment arrangement in New Jersey where the evidence indicated the employee, after filing an online application with a New York company, initially received a phone call at his home to arrange an employment interview at the...
State ranks third in a nation for overdoses related to opioids Governor Christie recently signed SB 3 to set up a 5-day limit on initial opioid prescriptions in the State of New Jersey. We’ve asked Richard B. Rubenstein, the co-author of LexisNexis Practice...
By Richard B. Rubenstein, Esq. Assembly Bill 3401, signed into law on November 14, 2016, mandates that workers’ compensation carriers and third-party administrators adopt a method for processing electronic bills for medical treatment rendered on New Jersey workers...
DOL Announces Adjustment of Civil Penalty Fines . CA: DWC Accepting Applications for QME Examination on Oct. 29 . CA: WCIRB President’s Message About 2016 Achievements, Plans Ahead . CA: Class Action Says WC System Has Bias Against Women . HI: State...
Comp Insurance Profitable, At Least For the Moment . CA: DWC Posts Interim Report on Evidence-Based Comp Drug Formulary . CA: WCIRB Submits 1/1/2017 Regulatory Filing . CA: WCIRB Releases Report on 2015 Losses and Expenses . CA: Settlement May Net Lyft...
In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be filed no...
Labor Secretary Says Workers Comp Opt Outs Push Injured Workers to Poverty . OSHA Reports on Year One of OSHA Severe Injury Reporting Program . OSHA Publishes Final Rule to Update Standards for Eye and Face Protection . First Robot-Run Insurance Company Launched...
OSHA Head Unveils Plans for 2016 . Federal Court Upholds Wellness Program, Rejects Lawsuit Filed by EEOC . NAIC Posts Latest Rankings for P&C Insurers Market Share . Risks Inherent With Sharing Economy Posed to Increase 20 Fold+ During Next Decade . ...