Category Archives: Defenses

Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

In this video, Greg Lois discusses the new “rehiring preference” for permanently disabled employees added to New Jersey’s Workers’ Compensation Law on September 30, 2021 .  This video is from a live webinar provided to clients on October 25, 2021.

Topics discussed:

  • Who the New Law Applies To;
  • Employers EXEMPT from the Law;
  • The Impact on Employers;
  • Live Q & A on topic.

New Statute Creating “Hiring Preference”

On September 30, 2021, Governor Phil Murphy signed into law Assembly Bill A2617, which provides as follows:

Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement (MMI) and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential functions of the position.

Who The New Law Applies to

The law creating preference only applies to employers with more than 50 (fifty) employees.

Read on for all the exemptions (below). 

Who Is Exempted From the New Law

1) The Preference Does Not Apply to Employers with Less Than Fifty (50) Employees.

Employers with less than 50 employees are exempted b the clear terms of the new law.

2) The Preference Does Not Apply to Contractors Subject to Prevailing Wage Law

The law states that it “shall not include a contractor as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50).” The referenced law,  N.J.S.A. 34:11-56.50, defines “contractor” as

a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage level for workers engaged in public works. It applies to public projects which are defined as follows: 

3) The Preference Does Not apply to Athletes Employed by Professional Sports Teams.

The law states that employers of athletes of professional sports teams are exempted from the preference. 

Continue reading Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

In this video, Greg Lois discusses the new “rehiring preference” for permanently disabled employees added to New Jersey’s Workers’ Compensation Law on September 30, 2021 .  This video is from a live webinar provided to clients on October 25, 2021.

Topics discussed:

  • Who the New Law Applies To;
  • Employers EXEMPT from the Law;
  • The Impact on Employers;
  • Live Q & A on topic.

New Statute Creating “Hiring Preference”

On September 30, 2021, Governor Phil Murphy signed into law Assembly Bill A2617, which provides as follows:

Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement (MMI) and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential functions of the position.

Who The New Law Applies to

The law creating preference only applies to employers with more than 50 (fifty) employees.

Read on for all the exemptions (below). 

Who Is Exempted From the New Law

1) The Preference Does Not Apply to Employers with Less Than Fifty (50) Employees.

Employers with less than 50 employees are exempted b the clear terms of the new law.

2) The Preference Does Not Apply to Contractors Subject to Prevailing Wage Law

The law states that it “shall not include a contractor as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50).” The referenced law,  N.J.S.A. 34:11-56.50, defines “contractor” as

a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage level for workers engaged in public works. It applies to public projects which are defined as follows: 

3) The Preference Does Not apply to Athletes Employed by Professional Sports Teams.

The law states that employers of athletes of professional sports teams are exempted from the preference. 

Continue reading Video: Impact of New Jersey’s Creating New “Preference” For Rehiring Permanently Disabled Employees

New Jersey Creates “Preference” For Rehiring Permanently Disabled Employees

New Statute Creating “Hiring Preference”

On September 30, 2021, Governor Phil Murphy signed into law Assembly Bill A2617, which provides as follows:

Following a work-related injury, an employer shall provide a hiring preference to an employee who has reached maximum medical improvement (MMI) and is unable to return to the position at which the employee was previously employed for any existing, unfilled position offered by the employer for which the employee can perform the essential functions of the position.

Who The New Law Applies to

The law creating preference only applies to employers with more than 50 (fifty) employees.

Read on for all the exemptions (below). 

Who Is Exempted From the New Law

1) The Preference Does Not Apply to Employers with Less Than Fifty (50) Employees.

Employers with less than 50 employees are exempted b the clear terms of the new law.

2) The Preference Does Not Apply to Contractors Subject to Prevailing Wage Law

The law states that it “shall not include a contractor as defined in section 3 of P.L.1999, c.238 (C.34:11-56.50).” The referenced law,  N.J.S.A. 34:11-56.50, defines “contractor” as

a person, partnership, association, joint stock company, trust, corporation, or other legal business entity or successor thereof who enters into a contract which is subject to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C.34:11-56.25 et seq.), and includes any subcontractor or lower tier subcontractor of a contractor as defined herein.

The New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.) establishes a prevailing wage level for workers engaged in public works. It applies to public projects which are defined as follows: 

3) The Preference Does Not apply to Athletes Employed by Professional Sports Teams.

The law states that employers of athletes of professional sports teams are exempted from the preference. 

Continue reading New Jersey Creates “Preference” For Rehiring Permanently Disabled Employees

Video: How NOT to Defend a Wage Reconstruction Case in New Jersey

In this video, Greg Lois discusses wage reconstruction in New Jersey workers’ compensation cases.  This video is from a live webinar provided to clients on July 26, 2021.

Topics discussed:

  • What is Wage Reconstruction?
  • When wage reconstruction is appropriate;
  • When you should challenge wage reconstruction;
  • Live Q & A on topic.
Continue reading Video: How NOT to Defend a Wage Reconstruction Case in New Jersey

Video: The Second Injury Fund in New Jersey

In this video, Greg Lois explains how the Second Injury Fund in New Jersey works and how obtaining contribution from the Fund reduces exposure in total disability cases .  This video is from a live webinar provided to clients on March 22, 2021.

Topics discussed:

  • Overview of the Second Injury Fund, including a discussion of the types of cases where the Fund must contribute.
  • Practical Example, including calculations of Fund contribution and impact on exposure.
  • Live Q & A on topic.
Continue reading Video: The Second Injury Fund in New Jersey

Video: New Jersey Workers’ Compensation Year-in-Review

In this video, we look back at the statutory changes and case law developments from 2020 that will impact New Jersey workers’ compensation cases in 2021.  This video is from a live webinar provided to clients on January 25, 2021.

Topics discussed:

  • Impact of statutory presumption on COVID-19 claims.
  • New case law on Medical Provider reimbursement claims.
  • Update on court closures and new presiding judges appointed.
Continue reading Video: New Jersey Workers’ Compensation Year-in-Review