Workers' Compensation News - January 18, 2004 Volume 2 Issue 3

LITERATURE--The Downsizing, then Supersizing of Medicare's Super Lien by Fred Johnson*
A year ago, a federal fifth circuit ruling cut Medicare's super lien down to size, arguably providing that the government's subrogation interest did not attach to numerous settlement proceeds. But later rulings challenged that reasoning, and the Medicare reform law passed last month apparently gives the government broader power than before.

Silica Exposure and Systemic Vasculitis
 Work in Department of Energy (DOE) facilities has exposed workers to multiple toxic agents leading to acute and chronic diseases. Many exposures...
Workers' Compensation News - January 11, 2004 Volume 2 Issue 2

HEARING LOSS AMONG CARPENTERS--A carpenter uses a Skilsaw to cut wood to build a concrete form. Photo by Rick Neitzel. By age 50, two out of three carpenters have lost so much hearing from occupational noise exposure that they need hearing aids. Researchers at the National Institute for Occupational Safety and Health are studying ways to prevent occupational hearing loss and how to teach carpenters to value good hearing .

Weekly Compensation Benefits Increase in 2004

 Workers’ compensation benefits will increase to a maximum of $650.00 per week in 2004 from the present weekly benefit of $638. payable in 2003. Injured workers will receive these benefits while they are out of work and under authorized medical care. Temporary workers’ compensation benefits are based upon the state average weekly wage (SAWW). The temporary workers’ compensation rate is set at 75% of the SAWW. Since 1980 benefits have risen each year. Workers’ Compensation benefits are not subject to Federal income tax.

Workers' Compensation News - January 2, 2004 Volume 2 Issue 1

California Leads in Making Employer Pay for Job Deaths - Sick and Getting Sicker (Editorial) - Los Angeles Times 
--When Workers Die (Part 2 of 3): U.S. Rarely Seeks Charges for Deaths in Workplace - New York Times --When Workers Die (Part 1 of 3): A Trench Caves In; a Young Worker Is
Dead. Is It a Crime?

HHS Issues Rules For Smallpox Compensation Program

HHS Secretary Tommy G. Thompson today announced an interim final rule that implements a law Congress passed earlier this year to identify and compensate people injured as a result of receiving a smallpox vaccine.

HHS Issues Rules For Smallpox Compensation Program

HHS Secretary Tommy G. Thompson today announced an interim final rule that implements a law Congress passed earlier this year to identify and compensate people injured as a result of receiving a smallpox vaccine.

Workers’ Compensation News - December 15, 2003 Volume 1 Issue 37

December 1,2003, not approved for publication. Dismissal of the employees petition for benefits for injuries sustained as the result of an assault on him by a co-worker reversed and remanded for the determination of benefits; the co-worker assaulted the employee after the employee had made “some insulting comments and gestures” to the co-worker earlier in the day and just before the assault: the judge of compensation concluded that, while the assault occurred on the job, it did not arise out of the employment; however, what occurred was “both integral and incidental to the conditions of employment,” and it was no different from other “horseplay eases~~ in which benefits were allowed; therefore, the assault arose out of the employment.

WILG-NJ Objects to the Pre-Proposed Rules

 Letter of the Workplace Injury Litigation Group - New Jersey to Director/Chief Judge Peter J. Calderone-Thank you for giving our organization, The Workplace Injury Litigation Group - New Jersey (WILG-NJ), the opportunity to review and comment upon the proposed changes to the rules guiding the New Jersey Division of Workers' Compensation (NJDWC). 

Paul Brodeur Speaks Out On Asbestos Litigation

The remarks of politician/physician Sen. Bill Frist before the Senate show him to be so ill-informed about asbestos disease as to make one wonder if he has ever read a medical journal, let alone familiarized himself with the ins and outs of the asbestos litigation. 

Workers’ Compensation News - December 8, 2003 Volume 1 Issue 36

STRESS CLAIMS DUE TO COMPUTER SPAM. The BBC reports today on the rising liability of companies to employees who suffer distress due to offensive spam. 

Proposed Rules Increase Responsibly of Petitioners

On December 1, 2003, Peter J. Calderone, Director and Chief Judge circuited Pre-Proposal drafts of new Rules that would increase the burdens petitioners have to prosecute their claims. 

Jon L. Gelman Named Top Lawyer in NJ by New Jersey Monthly Magazine

New Jersey lawyers choose the tops in their profession in 24 fields of law.

Workers’ Compensation News - November 19, 2003 Volume 1 Issue 33
CALIFORNIA - THE DISMATLING OF THE SYSTEM Schwarzenegger convenes special session on workers’ comp Displaying his priorities as the new governor of ...
Pesticide Illness & Injury Surveillance

  When used properly, pesticides offer a variety of benefits to society. They increase crop production, preserve produce, combat insect infestations, and control exotic species. However, pesticides also have the potential for causing harm. Approximately one billion pounds of pesticide active ingredient are used annually in the U.S., and over 20,000 pesticide products are being marketed in the U.S.

Bankruptcy Proceedings and Liquidations of Insurance Carriers and Self-Insured Employers

The bankruptcy proceedings and liquidations of both insurance cai-riers and self-insured employers have created nationwide disruptions and problems in the handling of workers’ compensation cases. In New Jersey, the Department of Banking and Insurance is directly responsible for maintaining the guarantee funds and for reassigning claims in these situations. 

Medicare Secondary Payer Legislation - Draft 17

 A BILL To amend the Medicare Secondary Payer Act(42 U.S.C. § 1395y(b), et seq.)

Workers’ Compensation News - November 3, 2003 Volume 1 Issue 31

911 COMPENSATION PROGRAM FAILS--Mount Sinai's Dr. Stephen Levin said most of his Ground Zero patients have been denied workers' compensation coverage. He called the system "dysfunctional."

Supreme Court Sets High Judicial Threshold For Evaluating Scientific Evidence
For the last few decades, the most compelling issue in an occupational disease case has been the manner in which the workers’ compensation court shoul...
Workers’ Compensation News - November 10, 2003 Volume 1 Issue 32

THE CALIFORNIA CRISIS. Attracting Private Specialty Carriers to California Will Stabilize the Workers' Compensation Crisis . The California workers' compensation system is broken .

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There is also a need for the regulation of gambling and new online casinos in Australia. Many of the platforms are based offshore, and it has been proposed that these platforms should be required to adhere to Australian laws and regulation. The regulation of these offshore platforms will come into play if the regulation of gambling is becoming difficult. This is something that all countries will have to contend with, and if Australia's stance on offshore gambling is tough, other gambling industry players may move their gambling to an area where regulation is less strict.

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