New Jersey’s workers’ compensation problems are far from over as the NJ State Commission of Investigation (SCI) has purportedly launched an investigation of the NJ Compensation Rating and Inspection Bureau. The NJ system became the center of media attention following a Star Ledger newspaper series reporting serious problems.

The escalating financial crisis of Lehman Brothers [stock down 94% Jan-Sept 2008], may have a major impact on workers’ compensation throughout the US. Over this weekend the financial gurus scheduled meetings in an effort to avoid a complete crash of Lehman Brothers. In the meantime, the waves of this potential economic meltdown are sending hurricane type surges throughout the US workers’ compensation system.
 

Yet again the basic theme of workers' compensation, "periodic payments," was reiterated by a Judge of Compensation. This philosophical premise, periodic payments, is the basic foundation upon which workers' compensation is structured and flies directly in the face of those who advance a legislative change to promote CMS workers' compensation set aside agreements.

Workers’ Compensation coverage is not immune from the economic realities of the market and injured workers again fail to lose big time as the economy falters

Fosamax® (alendronate sodium tablets and oral solution) is a bisphosphonate manufactured by Merck, that is marketed, advertised, distributed and sold for the treatment of osteoporosis and Paget’s Disease. It has additionally been prescribed for off label uses such as bone cancers. Fosamax® tablets were approved by the FDA on September 29, 1995, while the oral solution was approved on September 17, 2003.

The National Cancer Institute (NCI) has established a resource on the Internet that provides a direct link to resources available concerning mesothelioma: treatment, prevention, genetics, causes, clinical trials, literature, statistics and research and related information.

The US Geological Survey has reported that NJ ranks 2nd highest in the number of naturally occurring asbestos sites (mines) in the Eastern US.

New York State workers’ compensation benefits have been expanded for 911 workers as a result legislation signed Governor Patterson. Under the prior law the registration period would have closed in August 208. The date has been extended to September 10, 2010.

A new set of drugs has been reported responsive in treating mesothelioma, a tumor caused by exposure to asbestos fiber. The British Journal of Cancer has reported that cisplatin and vinorelbine effective in the treatment of mesothelioma.

Almost 45 years following the historic 1964 NY Academy of Medicine conference in New York experts continue to memorialize the history of asbestos related disease. Now enters, defense expert John E. Craighead, who has written his viewpoint on the subject.
 

Hot Topics in Workers’ Compensation Law 2008
New Jersey Institute for Continuing Legal Education

The NJ Supreme Court reversed a ruling of the Appellate Division and declared the Legislature’s 2004 amendment to the workers’ compensation act not to have retroactive application.

The NJ legislature is bogged down in controversy over what direction to take in order to respond to the State’s injured workers.

 Effective July 1, 2008 the Centers for Medicare and Medicad (CMS) will exclusively use the Centers for Disease Control (CDC) Table 1 (Life Table for Total Population) when determining life expectancy in Workers’ Compensation Medicare Set-Asides (WCMSA) proposals.

 Navigating the Medicare recovery system just became a whole lot easier with the deployment of the new website launched by the new national MSP Recovery Contractor (MSPRC).

Congressional interest in the disability claims backlog and SSA's need for adequate funding continues. On April 23, 2008, a four-hour hearing was held by the full House Ways and Means Committee, which is chaired by Rep. Charles Rangel (D-NY) .

Medical benefits continue to soar in the workers compensation arena. They constitute the largest and most significant factor in the payment of workers' compensation claims. At a recent meeting of NCCI Holdings Inc. it was announced that data reflects a huge increase in the medical component.

An amendment has been proposed, which has received bipartisan support, to stop the raiing of the second injury trust funds and their diversion to the general treasury. Senate Majority Leader Stephen Sweeney has proposed a constitutional amendment [SCR-60] requiring contributions collected from assessments on wages to be used for employee benefits and prohibiting use of the contributions for any other purpose.

On the eve the NJ Senate's investigation into New Jersey's workers' compensation system, the question lingers on how to evaluate its health. New Jersey has always had a very large and very dedicated workforce A recent newspaper series by Star-Ledger reporters Dunstan McNichol and John P. Martin revealed that the system is serious flawed and that it is in need of a "complete overhaul."

Resistance continues to mount against adoption of the AMA Guides to Impairment 6th edition. Opposition was expressed by a leading expert in workers' compensation and the Attorney General of Tennessee issued an opinion against adoption of the 6th Edition.