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Workers' Compensation

What's Hot in Workers' Comp

New Jersey Workers’ Compensation Legislation Update

What’s Hot in Workers’ Comp, Vol. 29, No. 10, October 2025

October 1, 2025

by Kiara K. Hartwell

Below are the more notable pending New Jersey workers’ compensation bills in the 2024-25 session, with 2025 updates in bold.

A1719 / S1883        Excludes Certain Illegal Aliens
This excludes certain illegal aliens from workers’ compensation and temporary disability benefits. It was introduced on January 9, 2024, and referred to the Assembly Labor Committee.

A1732 / S1923    Prevent Intoxicated Employees from Workers’ Compensation
This prevents intoxicated employees from receiving workers’ compensation. It was introduced on January 9, 2024, and referred to the Assembly Labor Committee.

A1934 / S786        Reduce Statute of Limitations in Medical Fee Disputes
This reduces statute of limitations from six years to two years in medical fee disputes in workers’ compensation matters. It was introduced on January 9, 2024, and referred to the Assembly Labor Committee.

A2100 / S1470        Workers’ Compensation Benefits for Certain Public Safety Workers Who Developed Illness or Injury as Result of Responding to September 11, 2001, Terrorist Attacks
This provides workers’ compensation benefits for certain public safety workers who developed illness or injury as result of responding to September 11, 2001, terrorist attacks. It was introduced on January 9, 2024, and referred to the Assembly Labor Committee. On September 19, 2024, it was reported out of with Amendments and referred to the Assembly Public Safety and Preparedness Committee.

A2297        Coverage for Certain Injuries to Public Safety & Law Enforcement
This revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and law enforcement personnel. It was introduced on January 9, 2024, and referred to the Assembly Labor Committee.

A2637 / S794        Workers’ Compensation Insurance Requirements for Certain Corporations and Partnerships
This concerns workers’ compensation insurance requirements for certain corporations and partnerships. It was introduced on January 9, 2024, and referred to the Senate Labor Committee. On December 5, 2024, it was reported from the Senate Committee as a Substitute, 2nd Reading.

A2771 / S2887        Maximum Benefits to Volunteers
This provides certain volunteer and other workers with maximum compensation benefits for workers’ compensation claim regardless of outside employment. It was introduced on January 9, 2024, and referred to the Assembly Labor Committee. On March 4, 2024, it was also introduced to the Senate and referred to the Senate Labor Committee.

A4283        Personal Liability for Owner, Executive Officer, or Executive Director of Employer for Failure to Pay for Workers’ Compensation Coverage
This provides personal liability for owner, executive officer, or executive director of an employer for failure to pay for workers’ compensation coverage. It was introduced on May 6, 2024, to the Assembly Labor Committee.

A4371 / S1943        Requiring Coverage for Medical Cannabis Use
This requires workers’ compensation, PIP and health insurance coverage for the medical use of cannabis under certain circumstances. It was introduced on May 16, 2024, to the Assembly Financial Institutions and Insurance Committee.

A5198 / S3772     Valuation of Board and Lodging with Respect to Workers’ Compensation
This concerns valuation of board and lodging with respect to workers’ compensation. It was introduced on January 16, 2025, to the Assembly Labor Committee. On January 23, 2025, it was reported and referred to the Assembly Appropriations Committee. The Senate version was introduced on October 10, 2024, and referred to the Senate Labor Committee. On December 5, 2024, there was a 2nd reading and referred to the Senate Budget and Appropriations Committee.

A5792 / S4590    Workers’ Compensation Coverage of Certain Counseling Services for First Responders and Provides that Certain Mental Health-Related Communications are Confidential
This provides for workers’ compensation coverage of certain counseling services for first responders and provides that certain mental health-related communications are confidential. It was introduced and referred on June 16, 2025, to the Assembly Labor Committee. On the same day, it was reported out of the Assembly Committee with Amendments, 2nd Reading. On June 30, 2025, it was passed by the Assembly and received in the Senate without Reference, 2nd Reading. It was substituted for S4590 and passed in the Senate on the same day. It was approved on August 21, 2025.

S1565        Increase Mandatory Retirement Age
This increases statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges and judges from 70 to 75. It was introduced on January 9, 2024, and referred to the Senate Judiciary Committee.

S2278        Testimony in Workers’ Compensation
This concerns submission of testimony in workers’ compensation claims. It was introduced on January 9, 2024, and referred to the Senate Labor Committee.

S305 / A2507        Requires Administrative Law Judges to Be Enrolled in Workers’ 
Compensation Judges Part of PERS
This increases the statutory mandatory retirement age for Supreme Court Justices, Superior Court Judges, Tax Court Judges, Administrative Law Judges and judges from 70 to 75. It was introduced on January 9, 2024, and referred to the Senate State Government, Wagering, Tourism & Historic Preservation Committee. On December 16, 2024, there was a 2nd reading and referred to the Senate Budget and Appropriations Committee. 

 

What’s Hot in Workers’ Comp, Vol. 29, No. 10, October 2025, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

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Thought Leadership

Florida Supreme Court Rules Florida Statute §627.70152 Does not Apply Retroactively

In a decision that resolves years of appellate uncertainty and confirms that insurers and insureds alike can rely on the legal framework in place when a policy is issued, the Supreme Court of Florida last week found that Florida Statute §627.70152, which involves an insured’s requirement to provide an insurer with pre-suit notice before filing a suit, cannot be applied retroactively. In Universal Property & Casualty Insurance Company v. Hughes, the Court was presented with the issue of whether the statutory pre-suit notice requirement applied retroactively and whether it would apply to a breach of contract of an insurance policy that was issued before the statute went into effect. Before the Court was an appeal from a homeowner, Ms. Hughes, who sued her insurance carrier, Universal Property & Casualty Insurance Company (Universal) for breach of contract under an insurance policy that was in effect from April 24, 2019 through April 24, 2020. During the policy period, Ms. Hughes suffered a loss and, on May 29, 2019, made a claim for water damage. The carrier investigated the loss and issued payment; Ms. Hughes disputed the payment, finding the amount insufficient for repairs. On July 1, 2021, Florida Statute §627.70152 went into effect, which required insureds to provide notice of intent to initiate litigation against the carrier prior to filing a lawsuit; if an insured filed the lawsuit without complying with §627.70152, a court must dismiss the case without prejudice. On August 4, 2021, Ms. Hughes filed her lawsuit against Universal for breach of contract. Universal moved to dismiss based on her failure to comply with §627.70152. Ms. Hughes contended the notice requirement could not be applied retroactively. The trial court disagreed and dismissed the lawsuit without prejudice, and Ms. Hughes appealed. During the appeal, the Fourth District Court of Appeal, in Cole v. Universal Property & Casualty, 363 So. 3d 1089 (Fla. 4th DCA 2023), ruled that Florida Statute §627.70152 did apply retroactively to policies issued before the effective date of §627.70152. However, the Sixth District Court agreed with Ms. Hughes and overturned the trial court’s ruling, finding the statute could not retroactively apply to policies issued prior to the statute effective date. Thereafter, the other district courts weighed in, with the Third District Court agreeing with the Fourth District Court, and the First, Second and Fifth District Courts agreeing with the Sixth District Court. In resolving the conflict amongst the district courts, the Supreme Court advised “as a general rule, ‘the statute in effect at the time an insurance contract is executed governs substantive issues arising in connection with that contract.’ Hassen v. State Farm Mut. Auto. Ins. Co., 674 So. 2d 106, 108 (Fla. 1996). The Court applied the two-step test when deciding whether a statute has retroactive application: “First, the Court must ascertain whether the Legislature intended for the statute to apply retroactively. Second, if such an intent is clearly expressed, the Court must determine whether retroactive application would violate any constitutional principles.” Menendez v. Progressive Exp. Ins. Co., 35 So. 3d 873, 877 (Fla. 2010). In analyzing the Legislature’s intent, the Court must determine whether the Legislature has manifested a clear command for retroactivity in the statutory text.  In review of the statutory text, the Court found nothing in the language of the statute to indicate that the phrase “all suits” was serving another purpose of expanding its reach to suits based on policies that both predate and postdate the enactment of the statute. Buis v. Universal Prop. & Cas. Ins. Co., 394 So. 3d 738, 741 (Fla. 2d DCA 2024). Further, the Court noted the statute has an effective date, which has long been considered to be evidence against retroactive application of a statute. The Court concluded that, on its face, no provision of §627.70152 speaks to application of the statute to insurance policies issued before the statute’s effective date and therefore, the Legislature did not clearly command retroactivity of the statute to include insurance policies issued prior to the enactment of the statute. The Court briefly reviewed Universal’s argument that the presuit notice requirement was procedural, not substantive, and therefore should be applied retroactively; however, the Court agreed with the Sixth District Court’s finding that, in its entirety, §627.70152 transformed an insured’s ability to sue an insurance company under a property insurance policy and an insurer’s obligations to respond to and pay insurance claims, thus making the requirement a substantive change. The Court thereby upheld the decision of the Sixth District and disapproved the decision of the Fourth District in Cole.

Marshall Dennehey Named a Standout in Litigation by BTI Consulting Group

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Marshall Dennehey Named a Standout in Litigation by BTI Consulting Group

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

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Result

Summary Judgment Obtained in Insurance Coverage Case

Bret E. Dubbert Joins Marshall Dennehey’s Orlando Office as Special Counsel in the Casualty Department

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Bret E. Dubbert Joins Marshall Dennehey’s Orlando Office as Special Counsel in the Casualty Department

Defense Victory Obtained in Workers’ Compensation Case

Result

Defense Victory Obtained in Workers’ Compensation Case

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Marshall Dennehey Announces 2027 New Jersey Super Lawyers And Rising Stars

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WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.

Complete Victory Obtained in a Workers’ Compensation Matter

Result

Complete Victory Obtained in a Workers’ Compensation Matter

Event

CLM 2026 Focus Conference

Allison joins three insurance industry leaders to discuss how cyber coverage disputes, the growing impact of social inflation on bodily injury claim valuation, and the use of artificial intelligence are reshaping the bad faith landscape. The panel will examine emerging sources of extra-contractual exposure, including evolving cyber insurance coverage issues and the challenges of accurately valuing bodily injury claims. Practical approaches to claim evaluation using AI, along with defense strategies designed to help prevent or successfully defend against bad faith litigation, will also be addressed.