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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, June 21, 2010

Compensating Injured Oil Spill Workers-Making the Right Choices is Critical

Workers' Compensation is national in scope and benefits for injured and exposed oil spill workers should be no exception according to the President Obama's oil spill paymaster, Kenneth Feinberg. Feinberg remarked on national television today that he will interpret benefits based on local State law and that the existing limit of $20 Billion for the Fund may be inadequate to pay all claims.


Two specific scenarios apply in workers' compensation actions that will allow the oils spill compensation fund to make benefits. First is the US Supreme Court's interpretation that workers' compensation claims may be allocated among several jurisdictions. In other words, the three basic benefits: temporary, medical and permanent disability may be divided in accordance with three separate jurisdictions to provide the highest possible benefit to the injured worker. Industrial Commission of Wisconsin v. McCartin, 330 U.S. 622, 67 S.Ct. 886, 91 L.Ed. 1140 (1947), U.S.C.A. Const. art. IV, Sec. 1.

Secondly, the oil spill compensation fund will look to the law of the individual State that governs to determine validity. If the claim is valid in that jurisdiction then it will be allowed. Feinberg said, "One thing we learned from the 9/11 fund, you'll recall, Congress passed that law and said that when it comes to whether or not a financial injury was caused by the terrorist attack, look to the local law of the state where you leave." "So if a Boston restaurant says, 'We're losing business in our restaurant because we can't get shrimp from the Gulf,' let's take a look at Massachusetts law. Would Massachusetts law recognize that claim? If it would, I will. If it wouldn't, I won't. That's what Congress suggested and that might work here."


Workers employed and hired through national corporations may have multiple legal options available in choosing the right state law to apply. Those selections will need to be chosen wisely.


To read more about petroleum exposure and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.









Saturday, June 19, 2010

Campaign for Centennial Workers Compensation Postage Stamp

A national campaign to petition the US Postal Service to issue a Workers' Compensation commemorative postage stamp. The stamp images above was issued in 1961 to commemorate the 50th anniversary of the national patchwork of systems comprising US workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Friday, June 18, 2010

Air Quality Hazards of the Gulf Oil Spill



This video highlights the serious and extensive potential health hazards of the gulf oil spill.

To read more about petroleum exposure and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

EC Publishes Criteria to Diagnose Occupational Illness


The European Commission has published a listing of the criteria for diagnosis occupational disease. The 272 page report is available on-line. It reviews hundreds of established occupational medical conditions.

a) The clinical features must fit in with what is known about the health effects following  exposure to the specified agent. The symptoms and signs should fit, and this may be supported in some cases by suitable diagnostic tests.

b) There must be indication of sufficient occupational exposure. Evidence on exposure may be obtained through taking the occupational history, results of occupational hygiene measurements taken at the workplace, biological monitoring results, and/or records of incidents of over-exposure.

c) The time interval between exposure and effect must be consistent with what is known about the natural history and progress of the disease. Exposure must precede health effects. However, in some conditions such as occupational asthma, a past history of childhood asthma and/or asthmatic attacks occurring before occupational exposure, does notautomatically rule out the possibility of a workplace agent causing subsequent asthmatic attacks.

d) The differential diagnosis must be considered. There are non-occupational conditions that have similar clinical features as occupational diseases, and a physician will have to take this into account before diagnosing or excluding an occupational disease.


To read more about occupational exposures and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Thursday, June 17, 2010

Workers Compensation Makes the Top 50 Blog List

Workers' Compensation blog has been named one of the "50 Best Blogs by Lawyers." It has been noted as , "A great blog about the latest trends in workers' compensation law."

The site provides an analysis of trends and developments in Workers' Compensation Law throughout the United States.





Wednesday, June 16, 2010

NJ Judge Dismisses Claim of Oil Spill Worker

A New Jersey Workers' Compensation Judge has dismissed the claim of a maintenance worker who was employed by The Port Authority of NY & NJ (Port Authority) to clean up oil spills. The longterm employee, testified that for 7 years during his employment, he was assigned to Newark Airport as part of en emergency response team to clean up "jet fuel spills, aircraft hydraulic leaks, emergency landings and car accidents." The employee claimed that his exposure to petroleum products occurred also as a buildings and grounds attendant at Port Newark and Lincoln Tunnel while performing spill cleanup work for the Port Authority. The worker testified to benzene exposure  as well as asbestos fiber.


Despite the fact that the employee, a non-smoker, testified that he experienced headaches, a sore throat, was tired and suffered from dry mouth, the Judge did not hold the case compensable. The worker explained to the Court that he operated a mechanical sweeper that scrubbed the soiled surfaces with a product known as "Speedy Dry" as part of the spill clean up procedure.


The Court rejected the workers' medical expert who had found him 40% disabled on a pulmonary basis for chronic bronchitis, obstructive lung disease and restrictive pulmonary disease with pleural scarring. The Court relied upon the respondent's medical expert who found that the worker  was 3% disabled for pulmonary disability unrelated to the occupational exposure that the defense expert diagnosed as  a cough and sinus condition, and "mild bronchitis." In its analysis the Court indicated that no scientific literature was presented attributing causal relationship of the exposure to an occupational condition. 


The decision was silent as to any allegation or need for medical monitoring.


Melo v. The Port Authority on NY & NJ., CP No. : 2006-25707 (Decided May 19, 2010).   


To read more about petroleum exposure and workers' compensation.

Benzene Exposure Near the U.S. Permissible Limit Is Associated with Sperm Aneuploidy

Benzene appeared to increase the frequencies of aneuploid sperm for chromosomes associated with chromosomal abnormality syndromes in human offspring, even in men whose air benzene exposure was at or below the U.S. permissible exposure limit.

Benzene is a widespread environmental pollutant that has been associated with leukemia and various blood disorders. Prior reports have indicated an association between high-concentration benzene exposure and increased frequencies of sperm with chromosomal disomy, as well as sperm with chromosomal aberrations. Xing et al. (p. 833) investigated whether 33 men that were occupationally exposed to benzene had higher frequencies of sperm aneuploidy than 33 unexposed men and whether the relationship was dose-related. Sperm aneuploidy increased across low- and high-exposed groups for disomy X and overall hyperhaploidy for the three chromosomes investigated. There was also increased disomy X and hyperhaploidy in men exposed to ≤ 1 ppm benzene. The authors conclude that benzene appeared to increase the frequencies of aneuploid sperm for chromosomes associated with chromosomal abnormality syndromes, even in men whose air benzene exposure was at concentrations at or below the permissible exposure limit.

Xing C, Marchetti F, Li G, Weldon RH, Kurtovich E, Young S, et al. 2010. Benzene Exposure Near the U.S. Permissible Limit Is Associated with Sperm Aneuploidy. Environ Health Perspect 118:833-839. doi:10.1289/ehp.0901531