A Capehart Scatchard Blog


Proposed PTSD First Responder Bill A2886 Raises Questions

NJ Workers’ Comp Legislative Update The New Jersey Assembly recently introduced legislation, A2886, which would provide employment protections for paid first responders diagnosed with work-related post-traumatic stress disorder.  The bill states as follows: An employer shall not discharge, harass, or otherwise discriminate or retaliate or threaten to discharge, harass, or otherwise discriminate or retaliate against […]

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Proposed Cannabis Bill A3511 Raises Serious Legal Issues

NJ Workers’ Comp Legislative Update The New Jersey Assembly recently introduced legislation, A3511, which would force every workers’ compensation, PIP and health insurance carrier writing insurance in New Jersey to provide coverage for medical cannabis. This legislation overreaches into the contractual bargaining between consumers and insurance companies and will no doubt drive premium costs higher. […]

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Key New Jersey Legislation In 2022: Expansion Of Compensability Of Parking Lot Injuries And Resumption Of Public Health Emergency

By on January 13, 2022 in Legislation with 1 Comment

In the first few days of 2022, two major legislative developments have significantly impacted workers’ compensation law.  The legislation effectively repealing the Supreme Court decision in Hersh v. County of Morris, 217 N.J. 236 (2014) will have a long-term impact on workers’ compensation in New Jersey; the resumption of the public health emergency will likely […]

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Governor Signs Job Preference Law For Employees Who Have Reached Maximal Medical Improvement

By on September 30, 2021 in Legislation with 0 Comments

Readers of this blog are aware that earlier this year the New Jersey Assembly introduced legislation to create employment rights under the New Jersey Workers’ Compensation Act for workers who reach maximal medical improvement but cannot perform their job any longer.  Many employers have written to say they were shocked this bill was being introduced.  […]

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NJ Assembly Votes Unanimously in Favor of Hiring Preferences in Workers’ Compensation

By on May 21, 2021 in Legislation with 1 Comment

For over 100 years it was accurate to say that the New Jersey Workers’ Compensation Act is a benefits law, not an employment rights law – but not for long.  On May 20, 2021, the New Jersey Assembly voted in favor of creating a hiring preference for certain employees who reach maximum medical improvement (MMI).  […]

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NJ Governor Signs S2476 Supplementing Benefits For Surviving Dependents Of Essential Employees

By on April 23, 2021 in Legislation with 0 Comments

On Tuesday, April 20, 2021, New Jersey Governor Phil Murphy signed into law a bill co-sponsored by Senators Troy Singleton and Dawn Addiego.  The bill will provide weekly supplemental benefits to surviving dependents of essential employees who contracted COVID-19 through work.  The benefits will be paid by the New Jersey Second Injury Fund. The prerequisites […]

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New Jersey Assembly Committee Votes To Approve Hiring Preference Bill As Part of New Jersey Workers’ Compensation Act

By on January 29, 2021 in Legislation with 0 Comments

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 […]

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Governor Murphy Signs Legislation Clarifying Effective Date of Hand And Foot Bill

By on November 13, 2020 in Legislation with 0 Comments

Earlier this year the new hand and foot bill became effective on January 21, 2020.  This bill marked a significant change in the New Jersey Workers’ Compensation Act.  The language was unambiguous in augmenting the number of weeks for injuries of the hand, foot and fingers.  However, the language was less than clear concerning its […]

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Proposed Bill to Require Carriers to Pay for Costs of Medical Marijuana Passes Committee While the New Jersey Supreme Court is Scheduled to Hear Oral Arguments on the Issue

By on October 30, 2020 in Legislation with 0 Comments

The New Jersey Assembly Appropriations Committee passed A1708 on October 26, 2020, setting the stage for an eventual full Assembly vote on an important piece of legislation concerning the obligation of workers’ compensation carriers and automobile insurers to pay for costs of medical marijuana.  Strangely enough, this Bill is being advanced at the same time […]

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The Essential Workers Legislation In New Jersey: What It Means and What It Does Not Mean

By on September 16, 2020 in Legislation with 0 Comments

On Monday, September 14, 2020, New Jersey Governor Phil Murphy signed S2380 dealing with COVID-19 and essential workers in respect to workers’ compensation benefits.  The bill was signed on the very last day before the bill would have automatically become law.  It is important to consider what this bill does and what it does not […]

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Update On Essential Workers And Hand And Foot Bills

By on September 11, 2020 in Legislation with 6 Comments

Many readers have asked about the status of two very significant bills affecting New Jersey workers’ compensation practice.  They are S2380 and A4134. S2380 – The Essential Employees Bill We are down to the wire on S2380.  The Governor has until September 13, 2020 either to sign this bill or veto it; otherwise, S2380 will […]

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Governor Signs COVID-19 Accidental Disability Pension Law

By on July 9, 2020 in Legislation with 0 Comments

A3945 was signed into law on July 1, 2020 by New Jersey Governor Phil Murphy.  The law provides for both an accidental disability pension for an eligible member who becomes totally disabled from COVID-19 as well as a death benefit for eligible beneficiaries if the covered member should die from COVID-19.   This new pension […]

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Enhanced Legal Presumptions Do Not Make Sense For Pandemic-Related Claims

By on April 27, 2020 in Legislation with 0 Comments

Proposed Senate Bill 2380 sponsored by New Jersey Senate President Stephen Sweeney seeks to create a new legal presumption of compensability for “essential employees,” including public safety workers and virtually all health care workers who file COVID-19 workers’ compensation claims.  This proposed presumption would require the Judge of Compensation to presume that any COVID-19 claim […]

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Questions Remain On Which Cases Are Affected By The New Hand And Foot Bill

By on February 13, 2020 in Legislation with 0 Comments

The recently passed legislation L. 2019, C. 387 increasing the value of hand and foot injuries in New Jersey has generated considerable debate about which cases the law affects. Does it affect only cases filed after the date the law was passed?  Or does it affect all cases presently pending in the Division of Workers’ […]

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Governor Passes Bill Increasing Compensation for Workers’ Comp Hand And Foot Injuries

By on January 23, 2020 in Legislation with 1 Comment

New Jersey Governor Phil Murphy this week signed into law the long-considered hand and foot Bill, increasing the amount of workers’ compensation benefits paid for injuries producing loss of function for such injuries. The Bill accomplishes the legislature’s goal of providing greater compensation for hand and foot injuries by increasing the number of weeks that […]

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