Published on: October 20, 2020

Limits Imposed on Medical Provider Applications In New Jersey Worker’s Compensation

The Appellate Courts have issued guidance on jurisdictional issues raised by medical provider applications. The New Jersey Workers Compensation balances injured workers’ entitlement to treatment with the cost of that treatment by permitting medical providers to charge the “usual and customary” rate for procedures. Costs are controlled by permitting employers…

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Published on: May 13, 2020

COVID-19 Pandemic and Impact on NJ Workers Compensation Claims

On May 12, 2020, the NJ Senate Labor Committee reported favorably on Bill S2380 designed to create a presumption of compensability for “essential employees” that contract COVID-19.  The proposed legislation significantly impacts the NJ Workers Compensation Act by virtue of creating a presumption, albeit rebuttable, that an “essential employee” testing…

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Published on: March 30, 2020

RESPONSE TO THE COVID-19 PANDEMIC: UPDATED GUIDANCE FOR EMPLOYERS

LAST UPDATED: March 30, 2020 The following is an update on the latest State and Federal legislative enactments in response to the COVID-19 pandemic. These enactments have created new employee entitlements to leave and compensation in a variety of COVID-19 related circumstances. We encourage all employers to review Brown &…

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Published on: March 30, 2020

RESPONSE TO THE COVID-19 PANDEMIC: UPDATED GUIDANCE FOR PUBLIC EMPLOYERS

LAST UPDATED:  March 22, 2020 In response to the public health emergency caused by the Coronavirus Pandemic (“COVID-19”), we are providing this update for public entities on the current status of actions by Federal, State and County officials. As you know, a state of emergency exists at all levels of…

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Published on: March 30, 2020

RESPONSE TO THE COVID-19 PANDEMIC: UPDATED GUIDANCE FOR PRIVATE EMPLOYERS

LAST UPDATED:  March 22, 2020 In response to the public health emergency caused by the Coronavirus Pandemic (“COVID-19”), we are providing this update for private sector businesses and non-profits on the current status of actions by Federal, State and County officials. As you know, a state of emergency exists at…

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Published on: February 6, 2020

Medical Providers Have Six Years to File Claims in the Division of Worker’s Compensation

On February 3, 2020, the New Jersey Supreme Court affirmed the Appellate Division’s decision in The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc. 457 N.J. Super 565 (App. Div. 2019) that the six-year statute of limitation for contract lawsuits, applies to claims brought by medical providers for payment of…

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Published on: February 4, 2020

Medical Marijuana and Its Place in New Jersey Workers’ Compensation

In a case of first impression, the New Jersey Appellate Division addressed an employer’s obligation to reimburse an injured employee the costs associated with obtaining medicinal marijuana. In Hager v. M&K Construction, A-01012-18T3 (App. Div. January 13, 2010), the Appellate Court held there was no legislative or legal barrier to…

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Published on: February 4, 2020

New Workers’ Compensation Legislation: The Hand and Foot Bill

On January 21, 2020, Governor Murphy signed legislation termed as the “Hand and Foot Bill.” A workers’ compensation permanent disability award is, generally speaking, categorized in terms of body parts. As it relates to injuries to the “hand” (any injury below the elbow) and prior to the newly enacted legislation,…

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Published on: October 14, 2019

U.S. Department of Labor Announces Final Rule to Make 1.3 Million American Workers Newly Eligible for Overtime Pay

On September 24, 2019, the U.S. Department of Labor updated the Fair Labor Standards Act’s (FLSA) overtime regulations. The final rule updates the earnings thresholds that are necessary to exempt executive, administrative and professional employees from the FLSA’s minimum wage and overtime pay requirements. The rule allows employers to count…

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Published on: August 15, 2019

New Jersey Enacts Wage Theft Law, Increasing Employer Liability For Wage And Hour Violations

On August 6, 2019, Acting Governor Sheila Oliver signed into law the Wage Theft Act (“WTA”). The WTA took effect immediately. The WTA revises New Jersey’s existing wage payment law to significantly enhance employer exposure on all wage and hour violations. First, the WTA extends the statute of limitations on…

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