Published on: June 10, 2021

New Jersey Supreme Court Expands Employer’s LAD And Worker’s Compensation Liability In LAD/WC Decision

In an almost 50 page decision decided June 8, 2021, Justice Jaynee LaVecchia, writing for a unanimous Court, expanded workers compensation liability for employers in a case involving an employer’s failure to accommodate an employee’s disability under the Law Against Discrimination (LAD).  This decision should serve as a warning and…

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Published on: April 22, 2021

Intentional Torts Exempted From Being Heard In Workers’ Compensation Courts

On March 21, 2021, Judge William Martini of the Federal District Court of New Jersey dismissed David Eckert’s suit against his employer, U.S. Foods, agreeing with U.S. Food’s argument that Mr. Eckert’s exclusive remedy for his injuries was under the New Jersey Workers’ Compensation Act. Mr. Eckert was an employee…

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Published on: March 25, 2021

Retroactive Application Of The Hand And Foot Bill In New Jersey Worker’s Compensation

Section 12 of the New Jersey Workers Compensation Act (N.J.S.A. 34:15-12) was amended in 2020 to increase the schedule of permanent disability benefits for bodily injuries to the hands and feet. The purpose of the amendments was to address a long-standing perception that those workers suffering injuries to the hands…

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Published on: March 16, 2021

Temporary Disability Issues & The Potential Impact Of The Corona Virus State Of Emergency In New Jersey

The State of New Jersey is a wage loss State for the purposes of workers’ compensation benefits. The benefit is meant to compensate the Petitioner for his/her lost weekly wages while they are unable to perform their job duties as a result of a workplace injury that has been admitted…

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Published on: March 12, 2021

The Legalization Of Recreational Marijuana And What Employers Need To Know Now

On February 22, 2021, Governor Murphy signed three bills into law legalizing adult-use of cannabis and decriminalizing marijuana possession in New Jersey. The first, the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (“CREAMMA”) removes cannabis as a Schedule I drug and legalizes personal cannabis use for adults…

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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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