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New Jersey Supreme Court Ruling Expands Employers Potential Liability In Failure-To-Accommodate Disability Claims | Greenbaum, Rowe, Smith & Davis LLP
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No Adverse Action? No Problem: NJ Supreme Court Eases Pleading Burden for Disability Claims under LAD | Seyfarth Shaw LLP
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04/14/21
Jon L. Gelman
The NJ Supreme has recognized that the workers compensation system has a legislative mandate to provide the safest medical care to cure and relieve occupational injuries. The Court acknowledged both state and Federal trends to provide non-addictive and non-fatal pain relief in place of the dangerous opioids.
The intent that embraced the creation and development of the social insurance system has given the Court a rational and logical basis, consistent with public policy, to order medical marijuana for palliative care.
The syllabus prepared by the Office of Clerk is as follows:
In this appeal the Court considers the challenges brought by defendant M&K Construction (M&K) with regard to a workers compensation court s order (the Order) that M&K reimburse plaintiff Vincent Hager for the ongoing costs of the medical marijuana he was prescribed after sustaining a work-related injury while employed by M&K. Specifically, M&K contends that New Jersey s Jake Honi
Judge David Langham
An intriguing decision was rendered by the New Jersey Superior Court Appellate Decision in October 2020:
Anesthesia Associates v. Weinstein Supply, A-5033-18T4 and A-5718-18T4. The case consolidates for appeal two decisions of New Jersey workers compensation judges regarding jurisdiction over medical billing disputes. It is intriguing for its analysis of jurisdiction, its reliance upon secondary authority, and for its defense of workers compensation judges.
A side element of intrigue in many workers compensation opinions is the volume of abbreviation engaged by the court; this is a great example. Essentially, the Court said:
the WCA is interpreted as regards the jurisdiction over AAM and SJC MPCs. There is involvement of the PABWC, as well as the PDOLI in one case and WCBNY in the other. Each MPC was instigated by an MPAP under the WCA.
01/29/21
National Workers Compensation Defense Network (NWCDN)
Employers need to be aware of an Assembly bill that would turn the workers compensation statute into an employment protection law. The Assembly Labor Committee recently passed A-2617 sponsored by Assembly members Murphy, Benson, and Reynolds-Jackson. The bill will require an employer with at least 50 employees to provide a hiring preference to an injured employee who has reached maximal medical improvement, is unable to return to his or her former position, but can perform the essential duties of an existing, unfilled position.This bill is problematic for employers for many reasons: first, it attempts to turn a statutory benefits law the New Jersey Workers Compensation Act into an employment protection statute. Second, there are already labor laws in New Jersey that protect employees, such as the New Jersey Law Against Discrimination and the ADA. Third, there is no explanation of the circumstances in which e
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