US EPA Removes NJ Millington Asbestos Site from Super Fund List

The U.S. Environmental Protection Agency (EPA) has successfully completed cleanup work at the Asbestos Dump Superfund site in Long Hill Township and Harding Township, Morris County, New Jersey and has deleted the site from the National Priorities List of hazardous waste sites, commonly known as the Superfund list.

Between 1927 and 1975, under the operation of several different manufacturing companies, waste products containing asbestos were disposed of throughout the site, resulting in soil contamination. The nearby Passaic River was also threatened by runoff of contaminated surface water from the site. Currently, site properties are owned by the State of New Jersey, U.S. Fish and Wildlife Service (USFWS), and private parties. National Gypsum Company is the responsible party for the site. 

Asbestos is a known carcinogen and the known cause of asbestosis, lung cancer and mesothelioma.

Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Intentional Tort Claim Against Employer Proceeds for Pesticide Spraying

A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort  flowing from a pesticide spraying. 


The workers, residents of Puerto Rico, were employed on  a NJ farm harvesting produce. hey were employed to work in fields that the employer recently applied pesticides or was actually spraying the pesticides. Is was alleged that the employer failed to provide medical assistance after the workers became ill and did not provide the employee's physicians with complete with complete information on the [potential pesticide exposure that would have allowed better treatment.


The Court denied the defendant's motion for summary judgement and is allowing the case to be heard.


Montalvo v. Larchmont Farmes, Inc., Civil Action No. 06-2704 (RBK/AMD) 2010 WL 3025045 (D.N.J.) decided July 29, 2010,


Click here to read more about pesticide exposures and workers compensation.


For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered occupational exposures,

Asbestos Used by Brake Workers Linked to Malignant Mesothelioma

A recent study published in the Annals of Occupational Hygiene finds that exposure to chrysotile asbestos fiber manufactured by a friction materials factory, Raybestos Manhattan Inc., was causally to malignant mesothelioma, a rare and fatal disease. This appears to be consistent with the association previously established among Quebec asbestos miners and at a South Carolina asbestos textile factory. 


Raybestos Manhattan formerly had many frictional materials plants in operation throughout the US. One facility was located in Passaic NJ. That plant closed in June of 1975. Hundreds of workers' compensation claims were filed by the former workers who suffered from illnesses as a result of the exposure to asbestos fiber. Claims were also filed against the manufacturers and distributors of asbestos products including the asbestos mines in Quebec. 


Annals of Occupational Hygiene, doi:10.1093/annhyg/meq046 


Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Energy Workers Seek Faster Benefit Processing System

Energy workers exposed to radioactive substances and their survivors have spoken out for a speedier process to obtain benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000. The EEOICPA was intend to provide compensation payment to energy workers and their survivors by way of a lumpsum payment and medical coverage for certain diseases.


The complex benefit system has been plagued by delays in processing claims. The latest outcry has come from workers of a uranium conversion plant in Metropolis, IL, where 42 workers have died of cancer. Ironically Metropolis was the self-proclaimed hometown of the comic book character, Superman.


The US Government Accountability Office (GAO) issued a report in March 2010 recommending that additional independent oversight should be created. The report found that cases that do not require dose reconstruction take about a year to process, but those that do require it, may take up to 3 year to process.


Click here to read more about EEOICPA "The Cold War Compensation Act"


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.

Insurance Company Liable in Tort for Delay of Medical Treatment

A US District Court Judge held that a valid cause of action existed directly against an insurance company for the delay treatment to an injured worker. The court, in denying a motion for summary judgment, held that when an insurer negligently ignored the advice of its own medical expert concerning medical treatment, a claim against the insurer itself was not barred by the Exclusivity Doctrine.


Davis v One Beacon, et al., 2010 WL 2629053 (D.N.J.) Civil Action No. 09-cv-4179 (NLH)(KMW) Decided June 28, 2010.


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.

World Trade Center Registration Deadline September 13, 2010

The deadline to register with the NY State Workers' Compensation Board is September 13, 2010 if you participated in the rescue, recovery and clean-up of the World Trade Center following the attack of September 11, 2010. The work duty covers Ground Zero, Fresh Kills Landfill, the barges, the piers and the morgues.


Registration form WTC-12.


Click here to read more about World Trade Center Claims.

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.

Outsourcing is the New Carve Out for Government

The economic consequences of the Depression of 2007 is causing a huge drop in governmental employment and a rebound of that job market is not anticipated in the foreseeable future. In order to save payroll costs, including the expense of workers’ compensation benefits, governmental entities are looking to privatization to avoid expenses. A pattern of furloughing staff, laying off employees and eventually outsourcing work, is the present trend.  This pattern mirrors the original workers’ compensation carve out provisions utilized to lower costs originated by Bechtel and other large employers.

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.