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Entries for February 2008

The Centers for Medicare and Medicaid Services (CMS) has issued a final rule to tighten its procedure in collecting conditional payments made in workers' compensation actions.. On February 22, 2008 the Department of Health and Human Services published a final rule in its program to strengthen CMS's ability to collect payments under the Medicare Secondary Payer (MSP) Amendments.

Workers' Compensation News - February 26, 2008, Volume 5 Issue 501

NJ JURY AWARD $30.3 MILLION - MESO TRIAL - FEB. 2008
HACKENSACK, N.J. -- A jury has reached what is believed to be the highest
asbestos verdict ever in New Jersey, awarding $30.3 million to the surviving
family members of a former automotive worker.

An Atlantic City NJ casino card dealer employed at the Claridge Hotel who was exposed to second hand tobacco smoke was awarded workers' compensation benefits. NJ Judge Cosmo Giovinazzi award $150,00 for lost wages and medical benenfits to a card dealer holding that second-hand tobacco smoke materially contributed to the employee's lung cancer.

In a sweeping, decision that will have inpact on thousands of cases, the NJ Supreme ruled that an electronic cancellations of a workers' compensation policies was not in compliance with the statute.

Federal-Mogul Wins Court Approval of Settlement Plan for $9.4 Billion Potential Asbestos Claims

Federal-Mogul Corp., auto parts manufacturer, won court approval of a reorganization plan that resolves potentionally $9.4 billion of dollars in asbestos claims that forced the company into bankruptcy six years ago.

NJ, a State that elected not to data match with CMS, is now reporting a drop of 46% of its backlog from the cases designated "waiting for CMS approval," MCARE matters. In a memo to all judges and attorneys, the Director and Chief Judge reported the drop in the cases so designated.

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.

The distractions caused by cell phone use and other electronic gadgetry are increasing the exposure of employers to monetary exposure well beyond those benefits that employers are covered for under their workers’ compensation policies. A fatal accident contributed to by the employee’s use of a cell phone while driving resulted in a recent settlement of $5.2 million.

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