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

Saturday, April 16, 2011

OSHA at 40


Please join the Center for American Progress for a special presentation:

OSHA at 40

April 21, 2011, 10:00am – 11:30am
Admission is free.
Featured speaker:
David Michaels, Assistant Secretary of Labor for Occupational Safety and Health
Featured panelists:
Peg Seminario, Director of Safety and Health, AFL-CIO
Joseph Van Houten, Senior Director of Worldwide Environment, Health, and Safety, Johnson & Johnson
David Weil, Professor of Economics, Boston University School of Management
Moderated by:
Reece Rushing, Director of Government Reform, Center for American Progress
In 1970, 18 out of every 100,000 workers were killed on the job—a total of nearly 14,000 dead. That same year, President Richard Nixon signed legislation creating the Occupational Safety and Health Administration.
As OSHA celebrates its 40th birthday this month, we also celebrate safer and healthier workplaces. Workplace fatality, injury, and illness rates are down more than 65 percent since 1970, thanks in large part to OSHA's efforts.
Despite this progress, workers still face many dangers. Every year more than 4,000 workers die on the job and more than 4 million suffer work-related injuries and illnesses. OSHA must stay vigilant and keep up with ever-changing occupational hazards.
Please join the Center for American Progress for a conversation about the agency's past and future. David Michaels, assistant secretary of labor for OSHA, will talk with workers about changes they have seen on the ground. He will also talk with experts from labor and business about OSHA’s latest policies and actions.
April 21, 2011, 10:00am – 11:30am
Space is extremely limited. RSVP required.
Seating is on a first-come, first-served basis and not guaranteed.
Coffee will be served at 9:30 a.m.
Center for American Progress
1333 H St. NW, 10th Floor
Washington, DC 20005
Map & Directions
Nearest Metro: Blue/Orange Line to McPherson Square or Red Line to Metro Center
For more information, call 202-682-1611.

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Asbestos Contaminates 772 New York City Schools

The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating the schools is was discovered while the City was attempting to remove lighting at the school.

WNYC, Public Radio in NY reported that, Deputy Chancellor Kathleen Grimm told a City Council committee said, "Asbestos comes with its own special rules and containment procedures," She said it can only be removed on weekends and holidays, not evenings "because we have to actually contain the area, and make sure that we're removing it properly and disposing of it properly." It is anticipated that it will take 10 years to remove the asbestos from the schools.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. Asbestos is one of the modern world’s most historic occupational medical disasters. Not only is it well documented, it continues not to be banned in the US.

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 work related accidents and injuries.
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Thursday, April 14, 2011

Privacy, Clients and Social Media Discussion


Social networking has become a popular topic within the workers’ comp community.  In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking in the workers’ comp world. Alan and Jon discuss privacy and their clients, client responsibility when it comes to putting up information on social media sites and how social networking can be used as a portal to monitor clients.

Listen - Page URL:    http://legaltalknetwork.com/podcasts/workers-comp-matters/2011/04/privacy-clients-and-social-media/

Listen - MP3 Link:    http://legaltalkmedia.com/LTN/WCM/WCM_030911_SocialNetworking.mp3
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Quebec Does the Dirty Deed - Funds Asbestos Production

After years of controversy, the Quebec government has agreed to give $7.5 million dollars to Jeffrey Mine so that they can dig up more asbestos and spread the cancer causing agent throughout the world. This repugnant and unconscionable action is nothing less than immoral. 

"Reopening the Jeffrey Mine will create 425 full-time jobs in Asbestos," the minister said.  Yes this will definitely a job creation bill, in the saddest way possible. It would also require massive amount of medical teams to treat asbestos victims throughout the world, as Quebec exports this poison worldwide.  

It is time that asbestos was banned worldwide. Yes, the United States should show by example!


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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Playing the Fraud Card - The Boat Named Free Ride

In recent testimony before the US House of Representatives' Committee on Oversight and Government Reform, David C. Williams, Inspector General of the US Postal Service, reported widespread fraud in the system, and with an entourage of others, urged "significant reform" of the Federal Employees Compensation Act (FECA) Program. 

He said, "The Postal Service is the largest FECA participant, paying more than $1 billion in benefits and $60 million in administrative fees annually, creating a long-term liability of $12.6 billion. As of February 2011, the Postal Service had about 15,800 disabled employees. Over 8,700 were at least age 55, about 3,100 were at least age 65, and about 900 were between age 80 and 98. "

"...Since October 2008, we have removed 476 claimants based on disability fraud, recovered $83.5 million in medical and disability judgments, and halted significant future losses. In one investigation, a fraudulent claimant received $142,000 in benefits while she was working as a real estate agent, and we had pictures of her hiking and bungee jumping. She even bought a boat named “Free Ride.” Other investigations have found fraudulent claimants working as martial arts instructors, landscapers, hairdressers and mechanics."

What is really sad is that the plot is aways the same. When the budget needs to be balance, the target unfortunately becomes those who are compromised and limited in ability to defend themselves, the injured worker. There is always a bad sailor on the ship, but there is no need to have everyone walk the plank.  Agreed that the system is 95 years old and doesn't function efficiently, as is mirrored other jurisdictions. The fraud card is merely an excuse and not a remedy. Maybe it is time for a new approach entirely to help injured workers by resolving the medical delivery problems and creating a unified and universal Federal approach. 

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Wednesday, April 13, 2011

Wisconsin and Workers' Comp "Reform"



Guest Blog by Thomas M. Domer  


Headlines screaming for “Workers’ Comp Reform” are blaring in many states (CA,FL, NY, OH, NC, and most recently IL). In Illinois, the state’s much-criticized system is under fire and legislation to totally dismantle the system is proposed. Wisconsin has thus far managed to dodge partisan efforts to scrap the system due in large part to the stabilizing effect of the Wisconsin Workers’ Comp Advisory Council. The Wisconsin Worker's Compensation Advisory Council was created in 1975 to advise the Department and legislature on policy matters concerning the development and administration of the workers' compensation law. The Council aims to maintain the overall stability of the workers' compensation system without regard to partisan changes in the legislative or executive branches of government. The Council provides a vehicle for labor and management representatives to play a direct role in recommending changes in the workers' compensation law to the legislature.

The council, composed of five labor, five management and three non-voting insurance members appointed by the secretary of the Department of Workforce Development and chaired by a department employee, meets regularly at different sites around Wisconsin. It occasionally assigns special topics to study committees on such issues as medical costs, permanent total disability rates and attorney's fees. The medical committee assigned in the mid-1990's to report on minimum permanency percentages for surgical procedures, for example, issued its findings which resulted in the schedule contained in the Administrative Code.

The Council obtains input from various workers' compensation constituents including interested members of the legal, medical, labor, management, insurance and employer communities. Public hearings on proposed changes are held, followed by Advisory Council deliberations. The Council has always produced an “agreed upon bill” which results in annual changes in benefit rates and substantive law. The bill proceeds to the Labor Committees in the Wisconsin Assembly and Senate where, after passage, the Governor signs the bill into law. (Republican Governor Scott Walker’s recent attempt to eviscerate public sector bargaining, which prompted the infamous flight to Illinois of the “Wisconsin 14” Democratic Senators, has had a “spillover” affect even on the Council. Labor members, in response to the Governor’s union-busting efforts, have boycotted the last 2 Council meetings).


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.
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Workers Compensation Taxable Rules US Tax Court

Seal of the United States Tax Court. Source: h...Image via WikipediaThe US Tax Court has ruled that workers' compensation payments are not excluded from US income tax under Section 104(a)(1) if they are paid as a Social Security Setoff Section 86(d)(3).

The majority of the states permit Social Security to take the setoff. A minority of states allow a reverse setoff where the insurance carrier takes the setoff, and the workers' compensation benefits are reduced.

“Nevertheless, … we are duty-bound to apply the law as written by Congress to the facts as they occurred and not as they might have occurred. Because [the taxpayer's] Social Security benefits were reduced by the amount of workers’ compensation benefits received, that offset amount is treated as a Social Security benefit and is, therefore, taxable,” the court said.


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 work related accidents and injuries.
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