The New Jersey Supreme Court has adopted a new evidentiary standard to evaluate the admissibility of scientific evidence. While expanding the guidelines to consider Daubert factors in determining the admissibility of expert testimony, the Court did not embrace the full body of Daubert case law as applied by 39 other state and federal courts. Daubert v. Merrill Dow Pharms., Inc. 509 U.S. 579 (1973), N.J.R. Evid. 702.
Showing posts sorted by relevance for query experts. Sort by date Show all posts
Showing posts sorted by relevance for query experts. Sort by date Show all posts
Thursday, August 23, 2018
Wednesday, September 3, 2014
GAO Report on Adding Cancers to WTC Covered Conditions
Next week marks the anniversary of the terrorist attacks on the United States including the World Trade Center. The program for medical surveillance and compensation continues to proceed to benefit first responders and those in the immediate area of the New York City attack on 9-11.
Today's post is shared from cdc.gov
Today's post is shared from cdc.gov
The World Trade Center (WTC) Health Program was established by the James Zadroga 9/11 Health and Compensation Act of 2010 (Act), and is administered by the National Institute for Occupational Safety and Health (NIOSH). The Program provides medical monitoring and treatment at no cost for enrolled responders at the WTC and related sites in New York City, Pentagon, and Shanksville, PA. It also provides services for enrolled survivors who were in the New York City disaster area. Health conditions, such as types of cancer, can be added to the list of WTC-related covered conditions after a valid petition has been received and the scientific evidence for causation by exposures at the attack sites is analyzed.
In September of 2011, the Administrator of the WTC Health Program, Dr. John Howard, received a petition from nine New York members of Congress asking him to consider adding cancer to the List. The Administrator reviewed the petition and requested the advice of the WTC Scientific/Technical Advisory Committee (STAC), which provided recommendations to add specific types of cancer. After reviewing the STAC’s recommendation, evaluating the available science, and considering public comment on a proposed rule, in 2012 the Administrator published a final rule which added certain types of cancer to the List and explained the approach used to add the types of cancer.
Recently, the U.S. Government Accountability Office (GAO) evaluated the World Trade Center Health Program’s approach to adding cancers to the List [see:http://www.gao.gov/products/GAO-14-606
]. The GAO found that the Administrator used a hazard-based, multiple-method approach to determine whether to add cancers to the WTCHP list of covered conditions for which treatment may be provided. Experts who participated in a meeting held by GAO indicated that the Administrator’s approach was reasonable but could be improved. The GAO reports:
]. The GAO found that the Administrator used a hazard-based, multiple-method approach to determine whether to add cancers to the WTCHP list of covered conditions for which treatment may be provided. Experts who participated in a meeting held by GAO indicated that the Administrator’s approach was reasonable but could be improved. The GAO reports:- According to these experts, a hazard-based approach focuses on identifying whether particular “hazards”—sources of potential harm—are associated with certain health conditions, and does not attempt to quantify the risks of developing those health conditions. The Administrator’s approach used four methods to determine whether there was an association between a September 11 exposure and a specific cancer, and thus, whether to add that cancer to the list.
- The experts considered the approach reasonable given the WTCHP certification process for enrollees to obtain coverage for treatment for a condition on the list, the lack of data related to exposure levels and risks, and the use of similar approaches by previous federal compensation programs.
- The experts indicated the approach could have been communicated more clearly. For example, the description of the approach in rulemaking did not clearly articulate how decisions would be made when evidence under one method supported adding a cancer type to the list, and evidence under a different method did not. The Administrator noted that this omission was an oversight. Since the Administrator plans to use the same approach in future cancer-related decision making, the absence of a clear description can lead to questions about the credibility and equity of the program.
- According to the experts, an independent peer review process similar to that used in other federal compensation programs could improve the approach. According to the Administrator, this was not feasible due to time constraints imposed by law. A process through which an independent party assesses the validity of the information upon which decisions are being made and that rationales for decisions are clearly described could help ensure the credibility of the Administrator’s approach.
Thursday, August 22, 2013
NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim
A NJ Workers' Compensation Court affirmed the dismissal of a pulmonary claim ruling that the evidence presented was lacking, and that the statutory limitations of expert medical fees do not act to the detriment of the injured worker in the proof of a workers' compensation claim.
"In her written opinion, the compensation judge found the testimony of Dr.Kritzberg more credible than that of Dr. Hermele. The judge found that petitioner's counsel “trie[d] to make it appear that petitioner presented to Dr. Hermele on his own for treatment. That is simply not true. Petitioner's counsel sent petitioner to Dr. Hermele. Dr. Hermele did not treat petitioner.” Additionally, of great significance to the compensation judge was the fact that petitioner had been treating with a cardiologist for twenty-three years, testified that he believed his breathing difficulties were related to his heart condition, and had never been treated for any pulmonary condition, despite testifying that his pulmonary complaints worsened in 1988, while continuing to work for respondent for eleven more years. The judge inferred that petitioner's cardiologist never referred him to a pulmonary specialist for treatment.
The Court also held that an "adverse inference" could be drawn when the injured worker does not offer supporting medical records into evidence to prove a claim.
"The compensation judge drew an adverse inference “from the fact the petitionernever produced a certified copy of the records from his treating cardiologist orhad Dr. Hermele review said records as part of his evaluation[,]” noting that Dr.Hermele readily admitted “there is a relationship between the heart and thelungs.”
Furthermore, the medical evidence presented at the time of trial, support the lack of causal relationship of a pulmonary medical condition caused by a pre-existing cardiovascular condition, rather than an independent pulmonary condition cause by exposure to industrial air pollution.
"Critical for the court were the chest x-rays taken of the petitioner which
showed that he did not have bi-lateral flattening of his diaphragm. If he
truly had pulmonary disease unrelated to his heart condition[,] you would expect
to find bi-lateral flattening of the diaphragm. Only the left side of petitioner's diaphragm was flattened[,] which is to be expected since both doctors
agreed petitioner has cardiomegaly (enlargement of the heart).....
Monday, November 9, 2020
The COVID-19 Advisory Board and the Future of Workers’ Compensation
Today, the Biden-Harris Transition announced the formation of the Transition COVID-19 Advisory Board, a team of leading public health experts who will advise President-elect Biden, Vice President-elect Harris, and the Transition’s COVID-19 staff. The Transition COVID-19 Advisory Board will be led by co-chairs Dr. David Kessler, Dr. Vivek Murthy, and Dr. Marcella Nunez-Smith. Dr. Beth Cameron and Dr. Rebecca Katz are serving as advisors to the Transition on COVID-19 and will work closely with the Advisory Board.
Monday, March 1, 2021
Congressional Leaders Push CDC and OSHA to Address Aerosol Transmission of COVID-19
Congressional leaders wrote a letter to the Biden administration urging the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) to update ventilation and respiratory protection guidance and standards to address aerosol transmission of the COVID-19 virus.
Tuesday, June 9, 2020
Health Care Experts Discuss a COVID Second Wave
How do we know when the second wave is starting? What should we expect? These are only two of the questions Dr. Chad Kessler, National Program Director for VHA Emergency Medicine, asked during a recent COVID in 20 interview with VA Infectious Disease and Epidemiology wizards, Michael A. Gelman, M.D., Ph.D., and Gio Baracco, M.D., from James J. Peters VA Medical Center in the Bronx, New York and Miami VA Healthcare System in Miami, Florida respectively.
Tuesday, July 29, 2014
Sleep Experts Say Bosses Should Let Their Employees Take A Nap At Work To Boost Productivity
 Experts say employees should be allowed to take a nap at work. Reuters Todays' post is shared from medicaldaily.com Fatigue is inevitable during any long work day, and sometimes coffee is just not enough to get most people through their midday slump. British sleep experts are now saying that bosses should allow their employees a nap during the day and the option to make their own schedule to help increase productivity. Millions of people fail to get enough sleep during their week and are forced to compensate over the weekend when their work has already suffered. “It’s best to give your brain downtime,” Vincent Walsh, professor of human brain research at University College London told Cheltenham Science Festival. “I have a nap every afternoon. It’s only since the industrial revolution we have been obsessed with squeezing all our sleep into the night rather than having one or two sleeps through the day.” A recent study conducted by the Centers for Disease Control and Prevention’s National Institute of Occupational Safety and Health revealed that around 41 million American workers are not getting the seven to nine hours of sleep recommended by the National Sleep Foundation. Sleep deprivation is putting these people and their co-workers in danger of serious injury or death. Walsh says our obsession with sleeping only at night may be hindering our ability to be more creative. Most of our creative thoughts come to us during periods of relaxation when the brain makes new... |
Monday, May 13, 2019
Verdict: $2 Billion -- Herbicide Occupational Exposures - The Next Wave of Serious Compensation Claims
A jury in California has awarded a couple $2 Billion as a result of cancer contracted after using RoundUp manufactured by Monsanto. This is the 3rd verdict in a row in a series of trials against the pesticide manufacturer.
Monday, August 15, 2022
An Abnormal Hurricane Season is Still Predicted
A major disrupters in the workers’ compensation system is hurricanes. Now is the time to prepare for such events. The 2022 Season is still predicted to be an abnormally high season.
Monday, July 6, 2020
Special Independence Day Event - Music and Experts - Veterans Administration
Special Independence Day Event
Sunday, November 17, 2013
Addiction Specialists Wary of New Painkiller
Addiction experts protested loudly when the Food and Drug Administration approved a powerful new opioid painkiller last month, saying that it would set off a wave of abuse much as OxyContin did when it first appeared.
An F.D.A. panel had earlier voted, 11 to 2, against approval of the drug, Zohydro, in part because unlike current versions of OxyContin, it is not made in a formulation designed to deter abuse.
Now a new issue is being raised about Zohydro. The drug will be manufactured by the same company, Alkermes, that makes a popular medication called Vivitrol, used to treat patients addicted to painkillers or alcohol.
In addition, the company provides financial support to a leading professional group that represents substance abuse experts, the American Society of Addiction Medicine.
For some critics, the company’s multiple roles in the world of painkillers is troubling.
Dr. Gregory L. Jones, an addiction specialist in Louisville, Ky., said he had long been concerned about financial links between the group and the drug industry, adding that the Zohydro situation amplified those potential conflicts.
Dr. Stuart Gitlow, the current president of the American Society of Addiction Medicine, said he had been unaware until now of Alkermes’s involvement with Zohydro. Dr. Gitlow, who is affiliated with Mount Sinai Hospital in New York City, said that the group would seek more information from Alkermes about the situation and then decide what, if anything, to do next.
...
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Wednesday, May 8, 2013
New DSM Criteria Manual Challenged by Expert for Lack of Validity
Setting standards for the assessment of psychiatric criteria in workers' compensation claims has been a major challenge. Subjective criteria has been difficult for the experts, evaluators and courts to yield an objective analysis.
With a new version of the Diagnostic and Statistical Manual of Mental Disorders, or
D.S.M., to be published a new challenge to the assessment tool has been made.
"Just weeks before the long-awaited publication of a new edition of the so-called bible of mental disorders, the federal government’s most prominent psychiatric expert has said the book suffers from a scientific 'lack of validity.'"
Read the complete article "Psychiatry’s Guide Is Out of Touch With Science, Experts Say" NY Times
With a new version of the Diagnostic and Statistical Manual of Mental Disorders, or
"Just weeks before the long-awaited publication of a new edition of the so-called bible of mental disorders, the federal government’s most prominent psychiatric expert has said the book suffers from a scientific 'lack of validity.'"
Read the complete article "Psychiatry’s Guide Is Out of Touch With Science, Experts Say" NY Times
Thursday, January 15, 2015
EPA unveils first methane regulations
 Are the proposed methane regulations string enough to protect the environment and public health from radiation exposure and global warming? Environmentalists think not. Today's post is shared from hillcom/ The Obama administration on Wednesday unveiled first-ever regulations targeting methane emissions from industrial sources directly, setting the stage, experts say, for future action to rein in the greenhouse gas. The standards, which will be proposed by the Environmental Protection Agency this summer, are one piece of a larger effort that the administration says will help it to achieve its new goal to slash methane emissions from the oil and gas sector by 45 percent. The 2025 reduction target will be based on 2012 levels, the White House said. Experts say that while the initial actions announced by the administration aren’t enough to reach the 45 percent target by 2025, the move is “significant.” Methane, the primary component of natural gas, is an extremely potent greenhouse gas with 25 times the warming potential of carbon dioxide over a 100-year time period. Jessika Trancik, assistant professor at MIT, said one “critical” missing component from the pending proposal is language targeting methane emissions from existing wells, equipment and the like in oil and gas operations. Wednesday’s actions include two main regulations that the EPA and Interior Department will propose, which target methane from new and modified oil and gas wells and equipment responsible for venting and flaring on public lands. Trancik said a concern shared among scientists and researchers is that the 40 percent to 45 percent reduction target... |
Read more about methane:
Aug 08, 2013
In an internal EPA PowerPoint presentation obtained by the Tribune/Los Angeles Times Washington Bureau, staff members warned their superiors that several wells had been contaminated with methane and substances such ...
Aug 21, 2014
They returned to sites where methane spikes were detected to confirm the presence of a leak. The results were released Wednesday by the Environmental Defense Fund, which coordinated the project, revealing just how ...
Dec 01, 2014
That history ended in November, with the indictment of Donald L. Blankenship, the chief executive whose company owned the Upper Big Branch mine near here, where an explosion of methane gas in 2010 spread like a ...
Dec 15, 2013
Such accidents are usually caused by a failure to ventilate methane gas from the shaft. Safety improvements have reduced the number of deaths in recent years, but regulations are still often ignored. The official Xinhua News ...
Sunday, August 23, 2020
CMS is Hosting A Webinar on Insurance Plan Appeals
Commercial Repayment Center (CRC) Non-Group Health Plan (NGHP) Applicable Plan Recovery Webinar: Appeals Thursday, September 24, 2020 1:00pm ET
Tuesday, June 4, 2019
Safety Incentive Programs: Lawful? Effective?
Today's guest author is Jon Rehm, Esq. of the Nebraska bar.
The ” _____ days without an accident sign” is a common feature in many workplaces. These signs are often parts of employer safety incentive programs. These programs intend to reduce work injuries which should reduce workers’ compensation expenses for business.
Often these programs include money or other financial incentives for employees. The use of programs that financially rewards employees presents three questions to me. Are these programs lawful, are they effective and are their other ways to improve workplace safety?
Are employer incentive programs lawful?
In 2018 the Department of Labor reversed Obama era regulatory guidance that safety incentive programs would violate OSHA anti-retaliation rules. The concern of the previous administration was that safety incentive programs discouraged reporting of injuries. But even the Trump DOL believes that a lawful safety incentive program must include anti-retaliation training and also address “near misses” or incidents that were nearly accidents so as not to discourage the reporting of workers’ compensation claims.
OSHA regulations largely address how that federal agency enforces workplace safety law. Employees can’t sue their employers for violations of OSHA. But in certain industries, OSHA allows whistleblower cases for employees reporting unsafe work condtions. Similarly, state laws can allow employees to being retaliation cases for reporting safety problems and or reporting a work injury. Safety incentive programs that penalize workers for injuries could violate anti-retaliation laws depending on how they are designed.
Are safety incentive programs effective?
Safety experts have questioned the effectiveness of directly rewarding employees for not being hurt. These experts believe that these programs lead employees to cover up injuries which could cover up bigger safety issues. Philadelphia attorney Richard Jaffe criticized safety incentive programs because they are premised on the fact that employees create unsafe conditions. Put another way, the programs are premised on the assumption that employees are to blame for getting hurt.
There is powerful anecdote about the failure of some safety incentive programs. The Massey Energy Upper Big Branch Mine explosion killed 29 West Virginia minors in 2010. Massey’s CEO Don Blankenship had a safety incentive program that included sporting equipment and luxury goods for minors who didn’t miss work for accidents. Blankenship was convicted of violating safety standards in connection with the Upper Big Branch explosion.
The Upper Big Branch explosion coupled with the callousness of Don Blankenship is an extreme example of what could go wrong with employee safety incentive programs.
So what works?
Safety programs that involve employees working with management are the most effective. Employee input is critical because employees often have the most knowledge about a job. They also have a strong incentive to avoid injury.
Unions give employees a say in their workplace. Not surprisingly, studies in the United Statesand Canada show unionized workplaces are safer than non-unionized workplaces. Scholars have coined the term “union safety dividend” to describe the workplace safety benefits associated with unions.
I think unions are a better safety tool than programs that target worker behavior because they don’t assume that workers are at fault for their injuries. There are times where an employee may be at fault or share fault for an injury. But that’s why workers compensation pays limited benefits regardless of fault. Workplace safety programs that incorporate employee and employer viewpoints realize that risks in the workplace can come from employer, employee and third parties like equipment manufacturers.
Friday, June 18, 2021
What are you Looking Forward to After the Pandemic? What is in your Risk Budget?
A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response has a roundtable discussion about going forward following the Pandemic.
Saturday, February 11, 2017
The Promise of State Initiatives to Prevent Long Term Work Disability
Every year, millions of Americans suffer from medical conditions that affect their ability to work. This puts them at risk of losing their jobs or being forced to rely on Social Security Disability Insurance (SSDI). States could help many of these workers stay in their jobs, but promising options for doing this remain largely untested. The five states with state-mandated short-term disability benefits— California, Hawaii, New Jersey, New York, and Rhode Island—are promising settings for such tests.
Saturday, July 11, 2020
Audit of NJ Division of Risk Management Reveals Deficiencies
A recent audit highlights deficiencies in the handling of workers’ compensation claims of NJ State employees. The State of New Jersey is self-insured for workers’ compensation claims and they are managed by the Department of Treasury Division of Risk Management.
Friday, November 2, 2018
The Evidence Mounts on the Causal Link of Cell Phones and Cancer
The US National Institute for Environmental Health Sciences [NIH} has just published a final report linking cell phone radiation exposure to the production of tumors in mice. This animal study that confirms the causal relationship between radio frequency radiation of cell phones and cancer in animals is a significant step forward to establishing a causal relationship in humans.
Tuesday, August 18, 2020
NJ Labor Department Implements New Regulations to Protect the Rights of Tipped Workers
The New Jersey Department of Labor and Workforce Development (NJDOL) has announced new regulations that will ensure protections and fair wages for tipped workers.
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