Special Master to be Appointed Soon for Zadroga Fund

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The selection of a Special Master to manage the Zadroga 9/11 health fund is imminent reported The New York Times. The special master will be managing the multi-million dollar  benefit fund created under recent Federal legislation that will provide assistance to those who were injured following the attacks on the World Trade Center on September 11, 2001.

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply 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 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.

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Illinois Workers Compensation Maybe Heading for Extinction

Illinois lawmakers are now looking at terminating its failed workers' compensation sytem entirely, and allowing civil suits to proceed instead. The State of Illinois is not alone in recognizing that ailing workers' compensation systems throughout the US are having difficulty fulfilling legislative intent, to provide a summary and redial system of benefits under a no-fault system, to injured workers.


Representative John Bradley (D-Marion) said, "Let's give the courts a chance. Let's try something else. Because we know what we've been doing isn't working," 


Read the Article in the Chicago Tribune: http://tinyurl.com/3nk2cx6

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The Federal Shutdown and Workers Compensation

The Federal budget crisis may have a significant adverse  impact on the entire national patchwork of of workers' compensation systems. As President Obama caution yesterday, "A shutdown will have real effects on everyday lives..."

Since the Centers for Medicare and Medicaid Services (CMS) has such an enormous role now in resolving workers' compensation claims, it is apparent that a shutdown of the medical system will leave the State programs stranded as they await data as to conditional payment and approval as to set-aside arrangements. The co-ordination of financial reimbursement and medical records from the Military Personnel Records Center, Veteran's Administration and Tri-Care will also be slowed. Additionally, many state labor departments are  funded by the Federal government for rehabilitation programs, and a loss of income will have a dramatic impact upon their operations.

Lack of funding has already caused states to furlough personnel, close offices and not replace essential staff. A Federal shutdown presents a dismal forecast to the ailing workers' compensation system.

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New Test Announced for Early Detection of Asbestos Related Lung Cancer

Researchers at NYU Langone Medical Center have investigated a novel protein test to detect early-stage, asbestos-related pulmonary cancer. The test can accurately identify proteins secreted from cancerous tumors caused by asbestos exposure. The study was presented at the American Association for Cancer Research 102nd Annual Meeting 2011 on April 4th.

In a blinded test performed under the sponsorship of the National Cancer Institute's Early Detection Research Network Biomarker Discovery Lab, researchers detected 15 of 19 cases of stage 1 or stage 2 malignant pleural mesothelioma. The study shows the test is approximately 80 percent sensitive in identifying disease. In addition, the specificity of the test was 100 percent with no false positives.

Malignant pleural mesothelioma is an aggressive, asbestos-related pulmonary cancer that develops in the lining of the lungs. Each year, the disease causes an estimated 15,000 to 20,000 deaths worldwide. It can be fatal within 14 months following diagnosis because of the advanced stage that it is typically found.

The goal of a new diagnostic test is to find the cancer early enough to effectively treat it, according to Harvey I. Pass, MD, director of the Division of Thoracic Surgery and Thoracic Oncology at NYU Langone Medical Center and the NYU Cancer Institute.

"The only patients that seem to benefit from therapy in mesothelioma are those that are found in stage 1, and this is only 10 to 15 percent of patients," said lead researcher Dr. Pass. "Moreover, when found early, the magnitude of the operation necessary to reduce the burden of disease may be less, making the patient better able to cope if the disease recurs and the patient needs more aggressive therapy."

The research team used the "Multiplex SOMAmer Assay" by SomaLogic, Inc. to examine 170 blood samples from 90 patients diagnosed with malignant mesothelioma and 80 participants who were previously exposed to asbestos. The technology uses SOMAmers, chemically modified single-stranded DNA molecules to bind specifically to target proteins , to identify and quantify biomarkers.

According to Dr. Pass, this test measures 19 protein biomarkers for malignant pleural mesothelioma and is able to find and quantify the small amount of proteins secreted by tumor cells. Ongoing studies are refining the test and validating the results in other patient blood samples.

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.

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The Republican Plan: Just End Medicare

This week, the Republicans will offer a proposal that ultimately would end Medicare involvement. The plain is simply end Medicare. The proposal outlined is outlined in the Wall Street Journal today.

"The plan would essentially end Medicare, which now pays most of the health-care bills for 48 million elderly and disabled Americans, as a program that directly pays those bills. Mr. Ryan and other conservatives say this is necessary because of the program's soaring costs. Medicare cost $396.5 billion in 2010 and is projected to rise to $502.8 billion in 2016. At that pace, spending on the program would have doubled between 2002 and 2016."

Converting the program for coverage to the poor only would still not end the plans' involvement in workers' compensation and in fact may only increase it. The dichotomy between rich and poor will increase. The numbers of uninsured are growing as well as the working elderly.

It is anticipated that Medicare premium costs will continue to increase under the present plan and wealthy Americans will opt-out. This proposal will merely mean a universal opt-out plan leaving the Federal program strapped for cash. The premium base needs to be increased rather than diminished.

As Peter Rousmaniere, a noted workers' compensation commentator,  recently observed, the workers' compensation program has "leaks in the system."  Occupational disease claims will continue to be denied at increasing rates, and the cost shifting will merely be perpetuated from workers compensation  to the taxpayers. Just ending Medicare will not solve the problems with the Workers' Compensation medical delivery system.

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Vermont Single Payer System Called the Dawn of A New Era

The proposed state based Vermont Single-Payer health care system, that would embrace workers' compensation medical care, is gaining momentum. A recent article in the New England Journal of Medicine, citing increased costs and the failure of the workers' compensation systems to provide a medical delivery system for occupational injuries, has embraced the proposal as a "Dawn of a New Era."

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Federal Probe Launched Into Illinois Workers Compensation System

Federal investigators have reportedly launched a wide scale investigation into the Illinois workers' compensation system  after millions of dollars of questionable claims and practices have been reported by arbitrators. Subpoenas have been issued for e-mails and other records from arbitrators by the U.S. Attorney for the central district of Illinois.

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