Just Published: 2017 Update - Gelman on Workers' Compensation Law

Jon Gelman’s, newly revised and updated 2017 treatise on Workers’ Compensation Law is now available from  by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most prefered online legal research service.'"

• The recent NJ Supreme Court case involving the jurisdictional issue of employment status is reviewed. This supplement reviews the analysis and mandates of the Court concerning the appropriate forum to resolve the concurrent jurisdiction issues. Other new case law, including dual employment status and its application to the Exclusivity Rule is discussed.
• A revised chapter has been added that discusses the responsibilities of a workers’ compensation attorney and ethical considerations while handing claims. The material includes how to identify and protect the client’s interest of protected personal in-formation confidentiality. Additionally, it reviews potential cybersecurity threats in light of the increased technology advancement of the practice and what attorneys should do to protect against and respond to the cyber attacks.
• This supplement analyzes the newly enacted expanded World Trade Center Health Program and the integration with workers’ compensation benefits.
• The section on cancer and the complex smoking defense has been expanded and updated. It now includes a review of current case law and literature encompassing the health effects of environmental tobacco smoke.
• Recent decisions concerning The Federal Influenced and Corrupt Organizational Acts (RICO) and workers’ compensation insurance companies, medical providers, and self-insured are discussed. The current Federal Court decisional activity involving NJ operating pharmaceutical distributors is reviewed.
• The new Centers for Medicare and Medicaid Centers (CMS) Secondary Payer Act Secondary Payer Act (MSP) offset procedures and adopted regulations, implementing The SMART Act are presented in this supplement. The rules for both beneficiary and applicable plans to process and to perfect an appeal, are reviewed. The method and manner of reporting, and communication, with the newly established CMS Commercial Repayment Center (CRC) for workers’ compensation conditional payment is reviewed. Additionally, the newly established procedures and formats for Workers’ Compensation Medicare Set-Aside Arrangements (WCMSA) are discussed.
• Newly proposed rules by the Occupational Safety and Health Administration (OSHA) concerning beryllium are reviewed. Additionally, a list of New Jersey Covered Facilities under the Energy Employees Occupational Illness Compensation Program is provided.
• The NJ Supreme Court decision involving “The Coming and Going Rule” and its application to parking lot cases is discussed. Cardiovascular disability claims are analyzed in accordance with the NJ Supreme Court’s recent decision involving what constitutes “work effort” that would trigger a compensable event.
• The application of the Fraud Prevention Act as a mechanism to bar compensability when information is withheld is reviewed in this supplement. The synergy between tort law and the Workers’ Compensation Act, as expressed in recent case law, is discussed. The recent decision involving the determination of employment status and independent contractors is incorporated in this material.
• New procedures regarding contacting insolvent entities administered by the NJ Product-Liability Insurance Guaranty Association are outlined. The recent Court ruling involving temporary disability benefits and third-party action liens are included in this supplement.
• The new Life Tables are included in this material. The updated Centers for Medicare and Medicaid Services reporting requirements for recoveries for environmental hazards and ingestion of particular substances are discussed.
• The utilization of new procedures for medical provider benefit recovery, motions for emergent medical treatment, counsel fees, and methods to correctly respond to the Court and notice requirements for hearing notice listings are described in this supplement.

Gelman on Workers’ Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.

It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™. [Westlaw Database Identifier NJPRAC].

Now also available an an electronic edition/tablet edition as a ProView™ edition.

Click here now to order your copy.

Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades he has been involved in complex litigation involving thousands of clients challenging the mega-industries of: asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of The Workers Injury Law & Advocacy Group (WILG), a charter member of The College of Workers' Compensation and a member of The National Academy of Social Insurance (NASI). Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer.

OSHA Issues FInal Beryllium Exposure Rules

A new rule issued today by the U.S. Department of Labor's Occupational Safety and Health Administration dramatically lowers workplace exposure to beryllium, a strategically important material that can cause devastating lung diseases. The new beryllium standards for general industry, construction and shipyards will require employers to take additional, practical measures to protect an estimated 62,000 workers from these serious risks.

Beryllium is a strong, lightweight metal used in the aerospace, electronics, energy, telecommunication, medical and defense industries. However, it is highly toxic when beryllium-containing materials are processed in a way that releases airborne beryllium dust, fume, or mist into the workplace air that can be then inhaled by workers, potentially damaging their lungs.

Recent scientific evidence shows that low-level exposures to beryllium can cause serious lung disease. The new rule revises previous beryllium permissible exposure limits, which were based on decades-old studies.

"Outdated exposure limits do not adequately protect workers from beryllium exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's new standard is based on a strong foundation of science and consensus on the need for action, including peer-reviewed scientific evidence, a model standard developed by industry and labor, current consensus standards and extensive public outreach. The new limits will reduce exposures and protect the lives and lungs of thousands of beryllium-exposed workers."

The final rule will reduce the eight-hour permissible exposure limit from the previous level of 2.0 micrograms per cubic meter to 0.2 micrograms per cubic meter. Above that level, employers must take steps to reduce the airborne concentration of beryllium. The rule requires additional protections, including personal protective equipment, medical exams, other medical surveillance and training, as well. It also establishes a short-term exposure limit of 2.0 micrograms per cubic meter over a 15-minute sampling period.

OSHA estimates that - once in full effect - the rule will annually save the lives of 94 workers from beryllium-related diseases and prevent 46 new cases of beryllium-related disease. Workers in foundry and smelting operations, fabricating, machining, grinding beryllium metal and alloys, beryllium oxide ceramics manufacturing and dental lab work represent the majority of those at risk.

Beryllium exposure is also a concern in other industries. Employees handling fly ash residue from the coal-burning process in coal-fired power plants risk beryllium exposure. In the construction and shipyard industries, abrasive blasters and their helpers may be exposed to beryllium from the use of slag blasting abrasives. Work done in these operations may cause high dust levels and significant beryllium exposures despite the low beryllium content.

To give employers sufficient time to meet the requirements and put proper protections in place, the rule provides staggered compliance dates. Once the rule is effective, employers have one year to implement most of the standard's provisions. Employers must provide the required change rooms and showers beginning two years after the effective date. Employers are also required to implement the engineering controls beginning three years after the effective date of the standards.

The final rule is available today at the Federal Register here.

Related Articles:

Cold War Compensation Act - EEOICPA: US DOL Notifies Workers Jan 13, 2012 ... Part B covers current and former workers who have been diagnosed with cancer, beryllium disease or silicosis, and whose illness was caused ... idoctor-health.blogspot.com

Workers' Compensation: Toxic-Tort: NJ Supreme Court Holds That ... Jul 7, 2016 ... The household contact, the finance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure. idoctor-health.blogspot.com

Workers' Compensation: US Department of Labor notifies former ... Sep 5, 2012 ... Part B covers current and former workers diagnosed with cancer, beryllium disease or silicosis caused by exposure to radiation, beryllium or ... idoctor-health.blogspot.com

Workers' Compensation: NJ Supreme Court Hears Argument on ... May 19, 2016 ... The household contact, the finance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure. idoctor-health.blogspot.com

NJ Supreme Court Hears Argument on Employer's Duty to Household Contact

An employer's duty to a employee's household contact was the focus of an oral argument recently before the NJ Supreme Court. The NJ Supreme Court reviewed the question, that was certified by the US Third Circuit Court of Appeals, to define the duty and its scope. The household contact, the fiance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure.


The case arose out of a household contact's exposure to beryllium brought home on the employee's cloths. At the time of the exposure, 30 years ago, the household contact was the fiance of the employee.

"The United States Court of Appeals for the Third Circuit having certified to the Supreme Court the following question of law pursuant to Rule 2:12-1:
And the Court having determined to accept the question as certified."
Does the premises liability rule set forth in Olivo v. Owens-Illinois, Inc., 186N.J. 394, 895 A.2d 1143 (2006), extend beyond providing a duty of care to the spouse of a person exposed to toxic substances on the landowner's premises, and, if so, what are the limits of that liability rule and the associated scope of duty?

Three States have adopted the rule that the employer's duty extends to household contacts who are not spouses, ie. children and parents of the employee.

Click here to view NJ Supreme Court Video 4/25/2016  (Available for 30 days, then see below)
Click here for general information about accessing the NJ Supreme Court Video Archive

Case History (Google Scholar):
Schwartz v. ACCURATUS CORP., 118 A. 3d 347 - … - ‎NJ: Supreme Court
Schwartz v. Accuratus Corp., 7 F. Supp. 3d 490 - 2014 - ‎Dist. Court, ED
Schwartz v. ACCURATUS CORPORATION, 2014 - ‎Dist. Court, ED

Related articles:

Mesothelioma Award for Household Contact of Talc Worker Upheld Mar 28, 2015 ... A $1.6 Million award for a household contact of an asbestos worker was affirmed by a NJ Court of Appeals. The child of a Shulton employee ... idoctor-health.blogspot.com

Workers' Compensation: $208.8 Million Awarded in California ... May 1, 2010 ... The case involved a household contact exposure to asbestos fiber. The wife of the asbestos worker was exposed to asbestos fiber on the ... idoctor-health.blogspot.com

Workers' Compensation: Scientific Evidence to Support 'Seven ... Nov 29, 2013 ... One would think that we woud have learned of the serious medical problems caused by the consequences of being a household contact to an ... idoctor-health.blogspot.com

Workers' Compensation: Childrens Asthma Caused By Pregnant ... Oct 11, 2011 ... Labels: asbestos; brakes; chrysotile; mechanic; occupation; epidemiology; mesothelioma, Asthma, Bystander Exposure, household contact, ... idoctor-health.blogspot.com