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

Friday, March 18, 2011

Breast Cancer Presumed Occupational Illness

Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate and multiple melanoma) are causally related to their employment in claims for workers' compensation benefits.

Click here for pending legislation: Bill#6 http://tinyurl.com/4ns622b

Industry Coalition Wants to Cut CMS Conditional Payments

A group of about 50 employers, insurance carriers and vendors have formed a coalition to endorse legislation  (H.R.1063) introduced this week that would ease reporting requirements and reimbursement procedures of the Centers for Medicare and Medicaid (CMS). The organization, the Medicare Advocacy Recovery Group [MARC],  contends that the proposed legislation will:
  • "Empowering Medicare to provide settling parties with the amount of their MSP repayment obligation during the settlement process, will allow taxpayers to settle quicker, and repay the Medicare Trust Fund faster.
  • "MSP Reform will provide a more affordable and less intrusive MSP system that protects beneficiaries and the Medicare Trust Fund, but does not waste limited judicial and other resources or needlessly confuse parties trying to settle a claim resulting from an injury to a beneficiary. 
  • "MSP Reform will also eliminate the required use of Social Security Numbers (SSNs) and Health Insurance Claim Numbers (HICNs) in the reporting process, create a basic right of appeal for all parties to resolve a CMS MSP determination, clarify the statute of limitations, and require the CMS Actuary to determine a threshold below which the recoveries are so small it makes no sense to apply the complex MSP laws. 
Theoretically it sounds like the change would create a more efficient system to establish: time limits for claim reimbursement; a statute of limitations for liability (3 years); an avenue for redress directly to the judicial system; and a threshold amount for reimbursement. However, the proposal would actually defeat the basic philosophy of the workers' compensation act. 

The convoluted logic of the employer/insurance group just makes no sense. It is like saying that I didn't bother buying enough postage on a timely basis so I will just mail my letter at half-price. The universal legislative intent of workers' compensation act mandates that the employer is responsible for medical care of its injured workers. The insurance industry has tried other gimmicks  before to continue its long history of cost shifting, and those have rightly failed as Congress wouldn't buy into them.

While employers and insurance carriers delay and deny compensation benefits, shifting the cost to the taxpayers through depletion of the Medicare system, is both offensive and repugnant. If the coalition wants to ride the carousel of "it's not how long, but how much," in doling out benefits, then they should not blame CMS for delays and penalties, caused by the coalition's own failure to report on a timely basis in the first place.

Related articles

Wednesday, March 16, 2011

A Nuclear Workers' Compensation Disaster

As Japanese nuclear energy workers at the Fukushima Daiichi plant are being ordered to abandon efforts to contain the radiation emission, now at 1,000 times the safe limit, serious concern exists whether the US workers' compensation could handle a similar disaster, if not the consequences of the present event. The gut reaction in the US has been to lean on the Federal Government to bailout the ailing patch work of ailing state compensation systems. The lack of Federal preparation may not be adequate to permit an effective response this time around.


Historically The Federal government's role has been to rise to the occasion and walk further down a path to federalization. On a smaller scale than the potential consequences of the Japanesse debacle,  the US was first in line in other mass disasters including: Beryllium workers, coal miners compensation, 9-11 Victims Compensation and subsequent Zadroga Fund, and the Gulf oil spill program. In the past the Feds have even prepared to help with H1N1 flu compensation and in the preparation of a Smallpox compensation program.


The Japanese model of delay and denial has proved ineffective. The victims of the Sumitomo Metal Mining uranium processing plant disaster in 1999 were summarily denied benefits for their ensuing radiation health problems.


While similar reactors in the US pose identical design problems, preparation is lacking in the US to provide an adequate response, and even integrate or utilize, the best of the state workers' compensation programs. Those systems are universally struggling to handle the delivery of benefits for occupational exposures. The Federal government has even ignored the implementation of  legislation sponsored Senator Edward Markey (MA) for the prophylactic  distribution of potassium iodine (KI) pills to those who are in a potential radius of exposure near nuclear reactor sites.


One would think that we would have learned from the Three Mile Island Diaster decades ago or Chernobyl (prediction of fatal cancers of 9,000 to 28,000 between 1986 and 2056). Even the warnings of leaks of similar nuclear reactors like Oyster Creek in NJ or Shoreham in NY, all close to major population centers, have not seemed to create a momentum of urgency.


Notoriously late to react in situations of latent disease has become the classic US policy. We have seen this repeated public health policy in other toxic exposures such as asbestos and tobacco. It is not that we didn't know, it is merely that the government just chose to ignore the public health issues. Unfortunately, this policy has compounded the problems for ailing workers' compensation systems, and it maybe too little and too late to prevent a meltdown of the entire system. 

Tuesday, March 15, 2011

Worker's Comp, Walker, and Wisconsin’s Wailing


Guest Blog by Thomas M. Domer

What’s the connection between worker’s comp and Wisconsin Governor Walker’s assault on public sector bargaining rights? The immediate effect is that public sector workers will earn less money, and when hurt on the job, get less worker’s comp benefits. Over the longer term, denying the unions’ right to bargain over health benefits and working conditions will have significant effects.

Many public sector workers (cops, firefighters, teachers, city and county workers), will fall into the “no health insurance” heap that affects many private sector employees currently. When their claims are denied by the self-insured employer (the city, county, or school district), employees will not be able to get timely needed medical care for their injuries. And, to be sure, cities, counties and school districts will be under tons of political pressure to tighten their belts and budgets by denying claims with greater frequency. Lastly, since unions won’t be able to bargain over working conditions, safety issues will arise at a predictably larger rate. Workers will be at risk by the “corner-cutting” measures put in place by the budget slashing, no tax increase political mandate the ruling party possesses.


Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

Monday, March 14, 2011

Conference- The Triangle Shirtwaist Fire and its Legacy: Out of the Smoke and the Flame

The Triangle Shirtwaist Fire and its Legacy
March 24, 2011; 9 a.m. — 6:30 p.m.
CUNY Graduate Center, 365 Fifth Avenue, New York, NY, 10016
Registration is Free and Open to the Public

Program Click here for a printable PDF version9 – 9:15 a.m. Musical performance from the dramatic oratorio From the Fire

Kris Kukul, pianist Matt Carr Emily Mattheson
Shaunice Alexander Carrie Crow Alicia Olatuja
Catherine Brookman Roe Hartrampf Aaron Schroeder

Music by Elizabeth Swados, www.trianglefromthefire.com

9:15 – 9:25 a.m. Welcome

William Kelly, President, Graduate School & University Center, CUNY
Gregory Mantsios, Executive Director, The Murphy Institute, CUNY
Christine Quinn, Speaker, New York City Council

9:25 – 10:45 a.m. Plenary: The Political Significance and Present Day Legacy of the Triangle Fire

Moderated by Paula Finn, New Labor Forum, The Murphy Institute, CUNY

The Triangle Fire in its Historical Context
Steve Fraser, New Labor Forum, The Murphy Institute, CUNY

From Fire to Ashes: The Changed Contemporary Political Landscape
Frances Fox Piven, Graduate Center, CUNY

The Unfinished Business of Triangle Protest: Challenges and Possibilities Confronting Labor Today
Sarita Gupta, National Executive Director, Jobs with Justice

11 a.m. – 12:30 p.m. Concurrent Panels

Global Perspectives on Sweatshops (LAWCHA)
Beth English, Princeton University; Mary Frederickson, Miami University; Judy Gearhart,* International Labor Rights Forum; Robert Ross, Clark University

Why No Fire This Time? Acquiescence and Resistance in Politics Today
Liza Featherstone, Journalist; Steve Fraser,* New Labor Forum, Murphy Institute, CUNY; Gerry Hudson, Executive Vice President, SEIU; Stephen Pimpare, NYU

Memorializing the Past: Using Memorials and Monuments to Teach NY History
Wendy Aibel-Weiss, Director of Exhibits and Education, Tribute WTC Visitors Center; Julie Maurer,* The Gotham Center for NYC History, Graduate Center, CUNY; Christopher Moore, Historian; Ruth Sergel, Artist; Brian Tolle, Artist; Suzanne Wasserman,* The Gotham Center for NYC History, Graduate Center, CUNY; Maribeth Whitehouse, Teacher, I.S. 190, Bronx, NY

Labor and Immigration Politics: Past and Present
Muzaffar Chishti, Migration Policy Institute, NYU; Janice Fine, Rutgers University; Ruth Milkman,*Graduate Center, The Murphy Institute, CUNY; Mae Ngai, Columbia University

Labor Standards and the State
Melvyn Dubofsky, SUNY Binghamton; Terri Gerstein, Deputy Commissioner of Labor for Wage Protection and Immigrant Services, NYS Department of Labor; Rory Lancman, NY State Assemblyman and Chair of the Subcommittee on Workplace Safety; Ed Ott,* The Murphy Institute, CUNY

Grassroots Organizing for Workers’ Health and Safety Today
Luzdary Giraldo,* New York Committee for Occupational Safety and Health; Barbara Rahke, Philadelphia Area Project on Occupational Safety and Health; Richard Witt, Rural and Migrant Ministry

Art and Working-Class Movements
Esther Cohen, Artist, Cultural Organizer; Ellen Todd,* George Mason University; Clyde Valentin, Hip Hop Theater Festival

Combating Domestic Sweatshops, a Roundtable (LAWCHA)
Eileen Boris,* University of California, Santa Barbara; Narbada Chhetri, Senior Community Organizer, Adhikaar for Human Rights and Social Justice, NYC; Jocelyn Gill-Campbell, Domestic Workers United;Premilla Nadasen, Queens College, CUNY

12:30 – 1:30 p.m. Lunch Break

1:30 – 2:45 p.m. Plenary: The Global Sweatshop

Moderated by Ruth Milkman, Graduate Center, The Murphy Institute, CUNY

The Economic Role of the Global Sweatshop
Saskia Sassen, Columbia University & London School of Economics

Workers’ Resistance in the Chinese Sweatshop
Ching Kwan Lee, University of California Los Angeles

Protecting Workers’ Rights in the Global Economy
Jennifer Gordon, Fordham University School of Law

Worker Protest Today in Bangladesh
Kalpona Akter, Secretary General & Executive Director of the Bangladesh Center for Worker Solidarity

3 – 4:30 p.m. Concurrent Panels

Garment Unionism and the Garment Industry: From Triangle to Today
May Chen,* former Vice-President Workers United, currently The Murphy Institute, CUNY; Richard Greenwald, Drew University; Katie Quan, former organizer for ILGWU, currently UC Berkeley; Andrew Ross, NYU

Teaching the Triangle Fire: A Conversation (LAWCHA)
Hillary Broder, Kennedy High School, Bellmore-Merrick, N.Y.; Carmelina Cartei, Women and Gender Studies Program at Hunter College, CUNY; Tara Finneran, Bronx Arts Ensemble Teaching Artist; Rob Linné,* Adelphi University; Sharon Papp, Adelphi University; Kimberly Schiller, Huntington Public Schools, N.Y.

Child Labor: Then and Now (LAWCHA)
Sally Greenberg, National Consumers League; Hugh D. Hindman, Appalachian State University; Kriste Lindenmeyer, University of Maryland Baltimore County; Laura Lovett,*University of Massachusetts

Global Sweatshops and International Solidarity: The Case of Bangladesh
Babul Akhter, Secretary of the Bangladesh Garments and Industrial Workers Federation; Mitch Cahn,President of Unionware; Bjorn Claeson, Sweatfree Communities, International Labor Rights Forum; Mark Levinson,* Workers United, SEIU

Feminism, Low-Wage Workers, and Organized Labor
Ileen DeVault,* School of Industrial and Labor Relations, Cornell University; Susan Feiner, Francis Perkins Center & University of Southern Maine; Annelise Orleck, Dartmouth College

OSHA at 40: From Triangle to Today
Eric Frumin,* Change To Win; Gerald Markowitz, Graduate Center, CUNY; David Michaels, Assistant Secretary of Labor, Occupational Safety and Health Administration; Peg Seminario, AFL-CIO

The Legacy of Triangle and Youth Labor Organizing in the US
Laura Binger, Food AND Medicine; Theresa Cheng, United Students Against Sweatshops; Jennifer Polish, STAND, Queens College, CUNY; Andres Puerta,* American Federation of Television and Radio Artists

Could Triangle Happen Today?
Peter Amato, Safety Consultant and former president of the NY chapter of American Society of Safety Engineers; Matt Connor, NYFD and The Murphy Institute, CUNY; Robert Solomon, National Fire Protection Association

4:45 – 6:30 p.m. Closing Plenary: The Contemporary Legacy of the Triangle FireModerated by Joshua Freeman, Graduate Center, The Murphy Institute, CUNY

What is the Triangle Legacy?
Alice Kessler-Harris, Columbia University

From the Triangle Fire to the BP Explosion: Protecting Workers Today
David Michaels, Assistant Secretary of Labor for OSHA

Organized Labor and the Challenges of the Twenty-First Century
Bruce Raynor, President, Workers United, SEIU

* Panel Chairperson
7 – 8:30 p.m. Gotham Center for NY History Plenary Discussion
(Separate Free Registration Required)

Rich Greenwald, Drew University
Annelise Orleck, Dartmouth College
Ellen Todd, George Mason University
Jennifer Guglielmo, Smith College
David Von Drehle (Author)
Ruth Sergel (Artist, Organizer, Remember The Fire Coalition)

To Follow: Book signing of Arcadia Press’ The New York City Triangle Factory Fire

Saturday, March 12, 2011

Daylight Savings Time Switch May be Hazardous to Your Health

Time change at the end of Daylight Saving TimeImage via Wikipedia

The semi-annual tradition of changing the clock an hour ahead and an hour back has been reported to result in a high incident of work-related illness. A study in the New England Journal of Medicine reports, "More than 1.5 billion men and women are exposed to the transitions involved in daylight saving time: turning clocks forward by an hour in the spring and backward by an hour in the autumn. These transitions can disrupt chronobiologic rhythms and influence the duration and quality of sleep, and the effect lasts for several days after the shifts." This may result in an increase of work-related accidents in the days following the time adjustment.

Thursday, March 10, 2011

NIOSH Seeks Information About World Trade Center Cancer Claims

September 11, 2001 attacks in New York City: V...Image via Wikipedia

The Director of the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) serves as the World Trade Center (WTC) Program Administrator for certain functions related to the WTC Health Program established by the James Zadroga 9/11 Health and Compensation Act (Pub. L. 111-347). 

In accordance with Section 3312(a)(5)(A) of that Act, the WTC Program Administrator is conducting a review of all available scientific and medical evidence to determine if, based on the scientific evidence, cancer or a certain type of cancer should be added to the applicable list of health conditions covered by the World Trade Center Health Program.

The WTC Program Administrator is requesting information on the following:

  • (1) Relevant reports, publications, and case information of scientific and medical findings where exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001 terrorist attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing cancer or a type of cancer; 
  • (2) clinical findings from the Clinical Centers of Excellence providing monitoring and treatment services to WTC responders (i.e., those persons who performed rescue, recovery, clean- up and remediation work on the WTC disaster sites) and community members directly exposed to the dust cloud on 9/11/01; and 
  • (3) input on the scientific criteria to be used by experts to evaluate the weight of the medical and scientific evidence regarding such potential health conditions. 

DATES: Comments must be received by March 31, 2011. ADDRESSES: You may submit comments, identified by docket number NIOSH- 227, by any of the following methods: 
  • Mail: NIOSH Docket Office, Robert A. Taft Laboratories, MS-C34, 4676 Columbia Parkway, Cincinnati, OH 45226. 
  • Facsimile: (513) 533-8285. E-mail: nioshdocket@cdc.gov. All information received in response to this notice will be available for public examination and copying at the NIOSH Docket Office, 4676 Columbia Parkway, Cincinnati, Ohio 45226. The comment period for NIOSH-227 will close on March 31, 2011. 
All comments received will be available on the NIOSH Docket Web page at http:// www.cdc.gov/niosh/docket by April 30, and comments will be available in writing by request. NIOSH includes all comments received without change in the docket and the electronic docket, including any personal information provided.

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 disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.