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Thursday, February 9, 2012

NJ Public Employees Make Loose Sick-Leave Payouts

Public employees in NJ have been the subject of a 14 month legislative impasse that may soon ened along with the payment of unused sick-leave time to retirees. Senate President Stephen Sweeney introduced a bill to end payouts for new employees and end additional payouts for current public employees.

Click here to read:  Bill to end sick leave payouts for public employees is proposed by Senate President Stephen Sweeney
"Last year, The Star-Ledger reviewed eight cities that borrowed to make their payments or made layoffs that drew attention: Newark, Atlantic City, Camden, Jersey City, Trenton, South Brunswick, East Orange and Hackensack. They paid more than $39 million to over 700 employees who cashed in unused sick days and vacation time, about $54,000 for each employee."

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Wednesday, February 8, 2012

Zadroga Benefits Should Cover Cancer Claims for 9-11 Victims

Jon Stewart advocates for the Zadroga 9-11 Bill to cover cancer claims. The legislation enacted over a year ago provides benefits for those who were in the vicinity of the World Trade Center on September 11, 2001.


Tuesday, February 7, 2012

OSHA cites Clara Construction in Jersey City, NJ, for exposing workers to fall hazards

The seal of the United States Department of LaborImage via Wikipedia



The U.S. Department of Labor's Occupational Safety and Health Administration has cited Clara Construction LLC for one repeat and 10 serious safety violations at a Jersey City work site. These carry total proposed penalties of $46,200. OSHA initiated an inspection as part of a local emphasis program for fall hazards.

"Falls remain one of the leading causes of fatalities on construction sites," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Employers are responsible for providing workers with basic fall protection to prevent potential injuries."

The repeat violation, with a $9,240 penalty, is failing to protect workers from fall hazards. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for the same violation in 2010.

The serious violations, with $36,960 in penalties, include failing to protect workers from fall and impalement hazards, ensure scaffold platforms were laid correctly, provide proper ladder rung construction, make sure guardrails were at sufficient heights and makeshift devices were not created to increase platform height, inspect scaffolds, provide proper scaffold training, provide guardrails near wall holes and provide protection around surface holes. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

For detailed information on fall protection standards, visit OSHA's website at http://www.osha.gov/SLTC/fallprotection/index.html.

Clara Construction LLC, which employs 14 workers, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Parsippany office at 973-263-1003.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.


Monday, February 6, 2012

Compensation Blog Launched To Help Iowa Workers



A new blog has been launched in Iowa to help injured workers and their families to learn more about the workers' compensation system and understand what benefits are available. The Iowa Workers' Compensation Blog, published by the Law Firm of Paul McAndrew offers up to date information and friendly tips to assist those disabled at work.

Paul announced that "...Workers’ Compensation has traditionally been a primary remedy for injured workers throughout Iowa. My firm has proudly participated in assisting injured workers’ and their families in obtaining benefits following industrial accidents and occupational exposures. This blog, as well as our newly launched, and client friendly, social media network is yet another effort to provide modern quality service to our clients and the community that we serve. We hope that you take the opportunity to participate in our new adventure in provide helpful and important information."

Paul J. McAndrew, Jr. is the founder of the Paul McAndrew Law Firm, focused on Iowa workers' compensation law as well as social security disability and employment law. Paul is an Iowanative and double degree graduate of Iowa University. Having practiced law for over 25 years, Paul is annually recognized by Best Lawyers in America. He is presiding President of the Workers Injury Law & Advocacy Group, a national organization of workers' compensation attorneys dedicated to protecting the rights of injured workers. Paul is also a frequently published author and educator on the topic of workers' compensation.

Court Holds That Social Security Decision Does Not Terminate An Order for Temporary Disability Payments

A NJ Appellate Court upheld that a trial judge's ruling that a decision of the Social Security Administration awarding total disability beenfits did not terminate a workers' compensation order for temporary disability payments. Furthermore, the the court upheld Workers' Compensation Judge George Geist's ruling imposing a penalty against the employer for prematurely terminating benefits.


Judge Geist had reasoned at trial:

"First of all, I want to remind you we are in New Jersey. “An injured employee is entitled to temporary disability benefits from the date of his injury in the course of his employment to the earliest of several dates set by various physicians as the time when such disability ceased.”There is no cessation. There is a continuation of treatment. Every one of the reports shows only continuation of treatment.... The words “[has reached] maximum medical improvement” are nonexistent...."


"Next, the judge rejected BOE's assertion that Ferguson's receipt of SSD benefits entitled BOE to refuse to pay workers' compensation benefits. He reasoned that BOE lacked the authority to disregard a court order, but had done so nonetheless."

Ferguson v. Trenton Board of Education,  2012 WL 330935 (N.J.Super.A.D.), Decided Feb. 3, 2012.

Friday, February 3, 2012

Stand Up To Cancer - World Cancer Day is Saturday, February 4, 2012

Stand Up to Cancer (SU2C) is a non-profit organization dedicated to curing the world of this devastating disease. SU2C hastens the pace of groundbreaking cancer research by funding and uniting scientists through Dream Teams and Innovative Research Grants. Learn more at www.standup2cancer.org.

Wednesday, February 1, 2012

Merit-Based Workers Compensation: The Romney-Gingrich Plan

The Republican presidential primary battle has inadequately defined the debate guidelines for the future of workers' compensation in the US. While both leading Republican candidates are throwing darts at each other on many points, the basic philosophy of both Mitt Romney and Newt Gingrich is to extinguish the so-called "entitlement society." They claim Barack Obama, "the food stamp president," has accelerated the problem. 


Of course, missing from the debate is that fact that the US has changed, in tandem, with the rest of the world. The nation's manufacturing sector left the auditorium, and with it went jobs and premiums for supporting a viable workers' compensation system. What it left was a legacy of industrial illness and disease that is fatally affecting the nation's medical delivery system and burdening the taxpayers of our nation.


If the political debate is to become credible, the medical treatment delivery system must be addressed rather than just throwing around meaningless political rhetoric. While the safety net is slowing deteriorating, there remains still an opportunity to re-design and advance a credible workers' compensation system. If the debate continues along the present path, the opportunity will be lost and the nation will loose.


See The Republican Myth Of Obama’s “Entitlement Society” By Robert Reich
"But they have cause and effect backwards. The reason for the rise in food stamps, unemployment insurance, and other safety-net programs is Americans got clobbered in 2008 with the worst economic catastrophe since the Great Depression. They and their families have needed whatever helping hands they could get."
.....
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 accidents and illnesses.