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Helpful Legal Articles

  • By: Lisa Mickey
  • Published: May 22, 2023

The New Jersey Workers’ Compensation Act provides that temporary disability benefits equaling 70% of the employee’s gross average weekly wages (up to the state maximum rate) shall be paid if the employee is unable to work as a result of a work accident, until he has reached maximum medical improvement from treatment. How Long After a Workers’ Compensation Claim Is…Read More

  • By: Lisa Mickey
  • Published: May 21, 2023

On February 13, 2023, NJ State Senator Zwicker (D) introduced a bill regarding “gender-affirming healthcare” for children. Given the title of the bill, one might be forgiven for thinking that the proposed legislation sought to protect children by affirming that they are perfect just the way they were born, even if they do fit into traditional gender stereotypes. Rather, Senator…Read More

  • By: Lisa Mickey
  • Published: August 10, 2022

On August 2, 2022, the New Jersey Supreme Court issued a major decision regarding independent contractors. In East Bay Drywall, LLC vs. Dept. of Labor, the Court ruled against a drywall company in finding that it misclassified employees as independent contractors. As a result, the company owes the State over $42,000 in unpaid unemployment and temporary disability contributions for those…Read More

  • By: Lisa Mickey
  • Published: June 16, 2022

Courthouses have long been protected by armed Sheriff’s officers or security guards, for good reason. Irate litigants have been known to make threats against Judges and Court personnel when they are unhappy with the outcome of a Court proceeding. In 2005, one injured worker drove his pickup truck through the front window of the Division of Workers’ Compensation in Morris…Read More

  • By: Lisa Mickey
  • Published: May 9, 2022

The New Jersey Workers’ Compensation Act [“the WC Act”] requires an employer to furnish to an injured worker all medical treatment necessary to cure and relieve her from the effects of the injury and restore function whenever possible. Courts have interpreted this responsibility as empowering the workers’ compensation insurance carrier to direct medical care to specific physicians. Unfortunately, many carriers…Read More

  • By: Lisa Mickey
  • Published: March 21, 2022

What if the ultimate tragedy occurs at the workplace and an employee is killed at work or dies as a result of work-related injuries? The employee’s family is entitled to receive “dependency benefits,” to compensate them for the loss of their loved one’s income. Similar to the limitation of lifetime workers’ compensation benefits, the family is not entitled to receive…Read More

  • By: Lisa Mickey
  • Published: February 18, 2022

The United States Supreme Court recently issued opinions on January 13, 2022, striking down OSHA’s vaccine mandate for large employers, but also permitting the Centers for Medicare and Medicaid Services (CMS) to mandate the COVID vaccine for all healthcare workers employed at facilities which accept Medicare funding, unless exempted for medical or religious reasons. Governor Murphy took Medicare’s vaccine mandate…Read More

  • By: Lisa Mickey
  • Published: December 13, 2021

Both the Centers for Disease Control and Prevention [CDC] and the Centers for Medicare and Medicaid Services’ [CMS] fall under the umbrella of the Department of Health and Human Services [HHS]. The Occupational Safety & Health Administration [OSHA], is the agency within the Department of Labor, tasked with implementing rules on workplace safety. Administrative agencies, such as the CDC, CMS,…Read More

  • By: Lisa Mickey
  • Published: December 18, 2020

Franklin Delano Roosevelt once said, "there is nothing to fear, but fear itself." Yet today, we seem to be in a constant state of fear. There is undoubtedly much to be concerned about, including the novel coronavirus. However, I wonder if we have become irrationally fearful. As a young mother, I was plagued by nagging worries about dangers to my…Read More

  • By: Lisa Mickey
  • Published: October 15, 2020

In September 2020, the New Jersey Legislature passed, and the Governor signed a new law S2380, amending the Workers' Compensation Act, in light of the COVID-19 pandemic. The law provides for a rebuttable presumption that "essential employees" contracted the disease on the job. The law further expands the "Canzanella First Responders Protection Act" by increasing the types of workers deemed…Read More

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