Provider claims concerning N.J. construction workers 

• New Jersey can exercise jurisdiction over a medical provider claim if they can exercise jurisdiction over the underlying claim.
• The New Jersey Appellate Division set forth six factors to determine whether a New Jersey court is able to exercise jurisdiction over a medical provider claim.
• Claims involving construction workers or union employees require a specific investigation to secure a dismissal for lack of jurisdiction.
• If the medical provider files the claim in New Jersey, then the production of this information to counsel at the time of referral will help expedite the process of securing a dismissal for lack of jurisdiction in the state.
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Man diagnosed with asbestos gets huge award

• A St. Louis County, Missouri, judge approved a judgment of nearly $390,000 plus continuing weekly benefits for a man exposed to asbestos dust in the course of his employment.
• Tony A. Callaway alleged that he was last exposed to the hazardous material while working for National Surface Cleaning in the St. Louis area.
• He was diagnosed in 2018 with debilitating asbestosis, a progressive and permanent scarring of the lungs and leaves him at increased risk of lung cancer and may require a lung transplant in the future.
• An attorney for Callaway said the insurer never filed an answer or otherwise appeared in the underlying workers’ compensation claim despite repeated notices.
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The benefit of hiring injured workers

• Through the establishment of Second Injury Funds, employers are encouraged to re-hire injured workers.
• At least 30 states still have active Second Injury Funds, which benefit both the employee and employer.
• For the employee, Second Injury Funds serve as additional anti-discriminatory support for those with disabilities seeking employment.
• For the employer, Second Injury Funds can serve as a limitation in liability if the employee is subsequently injured.
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Bill requires good faith

• Vancouver firefighter Erik Becker should have qualified for worker’s compensation after doctors removed a tumor from his lung cancer that the law recognizes is caused by his job.
• However, the City of Vancouver, his self-insured employer, denied the claim.
• Becker testified in support of two bills that would impose a duty of good faith and fair dealing on self-insured employers and the third-party administrators they employ.
• House Bill 1521 and Senate Bill 5524 would increase fines for rule violations.
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