In a decision that focuses attention on the risk of harm to reproductive systems caused by exposure to toxins in the workplace, a state appeals court ...

On October 14, 2007, Medtronic, the nation's largest heart implant device manufacturer, announced a defect in the critical electrical "lead" component of its heart defibrillator. The New York Times reported on October 15, 2007, that the defect in this electrical wire, called the Sprint Fidelis, has resulted in hundreds of malfunctions and may have played a role in the death of five Medtronic defibrillator patients.
 

 The Trustees of the Manville Personal Injury Trust and H.K. Porter Co. targeted the tobacco industry in two separate lawsuits demanding contribu...

 This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards....

 
This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards. In a series of cases, the New Jersey Supreme Court highlighted the necessity of strict adherence to the requirements of the Law to those practicing before the Division of Workers’ Compensation. 

The NJ Supreme Court has ruled that employees have 90 days to notify their employers after the diagnosis of an occupational disease. If the employee fails to notify his employer, a claim for workers’ compensation benefits may be barred.  

The State of New Jersey recently adopted new Administrative Rules which appear to be the most sweeping reform of the NJ Workers' Compensation system in the last 17 tears. The rules address substantive and procedural aspects that may result in a detrimental effect upon the rights of many litigants. The Rules were adopted on March 3, 1997 with the support of business and the insurance company lobbying teams.

 The 1996 court term set forth standards for occupational disease claims, defined defenses available, provided interpretation regarding third par...

The nursing home industry is one of America's fastest growing industries. Today nursing homes and personal care facilities employ approximately 1.6 million workers at 21,000 work sites. By the year 2005, industry employment levels will rise to an estimated 2.4 million workers. 

While working in various capacities for approximately 30 years, an employee was exposed to asbestos fiber. During 1987 the employee retired. In 1988 the retired employee consulted with both a lawyer and a doctor. In November of 1989 the employee had actual knowledge that he suffered from asbestosis. 

A total of 8,786 fatal work injuries were reported in 2001, including fatalities related to the September 11th terrorist attacks, according to  the Census of Fatal Occupational Injuries, Bureau of Labor Statistics, U.S. Department of Labor. A total of 2,886 work-related fatalities resulted from the events of September 11th. Excluding these fatalities, the overall workplace fatality count was 5,900 for 2001

In a decision that could open the doors to lawsuits by employees harmed by exposure to secondhand smoke or other indirect hazards in the workplace, an appeals court Tuesday upheld benefits for a West Milford custodian who died of cancer after exposure to asbestos in a school. 

In several landmark cases the New Jersey Supreme Court redefined the parameters of the Workers' Compensation Act as it applies to occupational illness, scientific evidence, the standard of proof to determine permanency, apportionment of responsibility, exclusivity of remedy and off-premises liability. These areas of the law are also the focus of various New Jersey Appellate Division case decisions as well as several federal court rulings. Some of the decisions rendered by the Supreme Court were the most significant rulings in the history of workers' compensation case law. 

The New Jersey Supreme Court, in a landmark decision that was a year in the making, has taken a big step toward dismantling the exclusivity doctrine of the Workers’ Compensation Act, which immunizes employers from tort liability. The 3-2 decision last Wednesday came in the case of a laborer for a nonunion shop who died when he was run over by a dump truck driven by a worker from a union shop owned by the same principals. The justices said the laborer’s widow can sue the shop that loaned the truck driver even though he is immunized from suit. 

During the 1993-1994 court term, the attention of the New Jersey Supreme Court was on evidential issues while the Appellate Division addressed an entire spectrum of issues arising before the Division of Workers' Compensation. Those issues included conflict of law questions, further definition of the coming and going rule, and apportionment of traumatic and occupational disease claims [as well as issues of credibility. The court also addressed such perennially important issues as dependency benefits, the "fellow servant" rule, casual employment, and psychiatric illness]. The court term marked further reiteration by the reviewing tribunals that permanent disability can be recognized at minimal levels and that a cause of action exists for an occupationally-induced cardiovascular condition.  

The 1992-93 court term produced a group of decisions which focused on some of the novel issues now being presented before the Division of Workers' Compensation. Judicial forums had an opportunity to review many aspects of the law including employment status, psychiatric disability, apportionment of disability in traumatic disease claims among multiple respondents, [the "safety net", the "coming and going rule", liens, the scope of spousal dependency, evidential concerns,] and the scope of the availability of a pension offset for employees of interstate agencies. 

EFFECTS OF LONG-TERM OR REPEATED EXPOSURE: The substance may have effects on the liver, blood vessels and connective tissue. This substance is carcinogenic to humans. May cause heritable genetic damage in humans.  

 
The 1992-93 court term produced a group of decisions which focused on some of the novel issues now being presented before the Division of Workers' Compensation. Judicial forums had an opportunity to review many aspects of the law including employment status, psychiatric disability, apportionment of disability in traumatic disease claims among multiple respondents, [the "safety net", the "coming and going rule", liens, the scope of spousal dependency, evidential concerns,] and the scope of the availability of a pension offset for employees of interstate agencies. 

The workers' compensation system was established to provide an expeditious administrative program to provide benefits to the injured worker as a result of an industrial accident or occupational exposure. The benefits are to be awarded with a minimum of delay and regardless of fault. The system provides a direct remedy to the worker and limits litigation and exposure to the employer.

Studies linking asbestos to disease began in the early 1900's. Direct exposure to asbestos has been implicated in various diseases, principally mesothelioma, lung cancer, asbestosis, and lung scarring. The risks in all four diseases are closely influenced by dose and duration of asbestos exposure, and they involve long and variable latent periods after initial exposure (20-40 years).