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Entries for the 'Workers' Compensation' Category

In reviewing numerous medical records, including orthopedic and physical therapy reports, it is common to find mention of "The Waddell Test" and extensive reporting of examination findings featuring the results of its component maneuvers. These comments, will review the testing as it was originally described in its proper clinical application. Finally, some insights that can be used in formulating cross examination of expert witnesses who feature the Waddell test in their testimony will be discussed.

The NJ Supreme Court has ruled that employees have 90 days to notify their employers after the diagnosis of an occupational disease. If the employee fails to notify his employer, a claim for workers’ compensation benefits may be barred.

In a decision that focuses attention on the risk of harm to reproductive systems caused by exposure to toxins in the workplace, a state appeals court has ordered a judge to award compensation to an industrial employee for sterility, even though the condition did not affect his ability to work. Workers’ Compensation Judge Melvin Shteir had ruled that Ahmed Akef, a chemical worker at a BASF Corp. plant in Middlesex County, suffered no loss "in the workers’ compensation sense."  

Court Orders Compensation for Worker Rendered Sterile
In a decision that focuses attention on the risk of harm to reproductive systems caused by exposure to toxins in the workplace, a state appeals court ...
Manville Sued Tobacco Industry
 The Trustees of the Manville Personal Injury Trust and H.K. Porter Co. targeted the tobacco industry in two separate lawsuits demanding contribu...
 This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards....

 
This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards. In a series of cases, the New Jersey Supreme Court highlighted the necessity of strict adherence to the requirements of the Law to those practicing before the Division of Workers’ Compensation. 

Employees Must Notify Employer Within 90 Days of Diagnosis

The NJ Supreme Court has ruled that employees have 90 days to notify their employers after the diagnosis of an occupational disease. If the employee fails to notify his employer, a claim for workers’ compensation benefits may be barred.  

The State of New Jersey recently adopted new Administrative Rules which appear to be the most sweeping reform of the NJ Workers' Compensation system in the last 17 tears. The rules address substantive and procedural aspects that may result in a detrimental effect upon the rights of many litigants. The Rules were adopted on March 3, 1997 with the support of business and the insurance company lobbying teams.

Weighing Standards, Remedial Intent: Parameters Defined for Benefits in Occupational Disease Claims
 The 1996 court term set forth standards for occupational disease claims, defined defenses available, provided interpretation regarding third par...

The nursing home industry is one of America's fastest growing industries. Today nursing homes and personal care facilities employ approximately 1.6 million workers at 21,000 work sites. By the year 2005, industry employment levels will rise to an estimated 2.4 million workers. 

A total of 8,786 fatal work injuries were reported in 2001, including fatalities related to the September 11th terrorist attacks, according to  the Census of Fatal Occupational Injuries, Bureau of Labor Statistics, U.S. Department of Labor. A total of 2,886 work-related fatalities resulted from the events of September 11th. Excluding these fatalities, the overall workplace fatality count was 5,900 for 2001

Court Upholds Asbestos Award - Custodian died after exposure

In a decision that could open the doors to lawsuits by employees harmed by exposure to secondhand smoke or other indirect hazards in the workplace, an appeals court Tuesday upheld benefits for a West Milford custodian who died of cancer after exposure to asbestos in a school. 

The 1989-1990 term provided the court with an opportunity to furnish judicial guidance in interpreting the statutory language of the 1979 Amendments to the Workers' Compensation Act and to expand the principles previously annunciated in prior case law decisions

Industrial Disease: The Quest for Recognition--The Need for Adequate Benefits

The concept of a compensable industrial disease has developed only recently and its acceptance has lagged far behind that of industrial accidents. The original Workers' Compensation Acts, as promulgated from the year 1911 forward by many of the states, did not provide for the recognition of occupational illness and disease as compensable events. As demands have been placed upon the medical system to treat and to prevent occupational illness, the legal system, under social, economic, and political pressure, has sought to provide a remedy for the thousands of injured workers who have suffered and who are continuing to suffer from occupational illness and disease. 

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