Workers' Compensation

Friday, April 6, 2012

Heart Disease Linked to Asbestos Exposure

The occupational exposure to asbestos fiber has now been linked to fatal heart disease. A recent report associates asbestos exposure at work to a higher risk of dying from cardiovascular disease.

Cardiovascular disease mortality among British asbestos workers (1971–2005)
Anne-Helen Harding, Andrew Darnton, John Osman, Occup Environ Med oemed-2011-100313 Published Online First: 2 April 2012doi:10.1136/oemed-2011-100313

"Objectives Asbestos is an inflammatory agent, and there is evidence that inflammatory processes are involved in the development of cardiovascular disease. Whether asbestos is a risk factor for cardiovascular disease has not been established. The objective of this study was to investigate cardiovascular disease mortality in a large cohort of workers occupationally exposed to asbestos.

"Methods Cardiovascular disease mortality in a cohort of 98 912 asbestos workers, with median follow-up of 19 years, was analysed. Unadjusted and smoking-adjusted standardised mortality ratios (SMRs) were calculated. The association between indicators of asbestosexposure and mortality was analysed with Poisson regression models, for deaths occurring during the period 1971–2005.

"Results Altogether 15 557 deaths from all causes, 1053 deaths from cerebrovascular disease and 4185 deaths from ischaemic heart disease (IHD) occurred during follow-up. There was statistically significant excess mortality from cerebrovascular disease (SMR: men 1.63, women 2.04) and IHD (SMR: men 1.39, women 1.89). Job and birth cohort were associated with the risk of cerebrovascular and IHD mortality in the Poisson regression model including sex, age, smoking status, job, cohort and duration of exposure. For IHD only, duration of exposure was also statistically significant in this model.

"Conclusions Cerebrovascular and IHD mortality was significantly higher among theseasbestos workers than in the general population and within the cohort mortality was associated with indicators of asbestos exposure. These findings provide some evidence that occupational exposure to asbestos was associated with cardiovascular disease mortality in this group of workers.

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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 accident and injuries.

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Wednesday, April 4, 2012

The Great Asbestos Trial - The Call For More Criminal Prosecutions

Documentary Film Highlights the Global Health and Environmental Crisis of Asbestos; Call for Further Criminal Prosecutions

Anti-asbestos campaigners have urged more criminal prosecutions against the global directors of asbestos corporations following the recent conviction of European industrialists Stephen Schmidheiny and Baron Cartier de Marchienne in Italy. The call was made this weekend at the 8th Annual International Asbestos Awareness Conference put on by the Asbestos Disease Awareness Organization (ADAO) and attended by activists from around the world.

ADAO has organized a special screening of the documentary film, Dust: The Great Asbestos Trial. The screening, made possible with the help of the USC School of Cinematic Arts, will take place Wednesday, April 4th at 7 pm at the Ray Stark Theatre at the University of Southern California (USC) in Los Angeles, CA. Directed by Niccoló Bruna and Andrea Prandstaller, the film tells the story of the groundbreaking Eternit trial in Italy, in which Schmidheiny and Cartier de Marchienne were sentenced to prison for having caused the deaths of over 1,000 asbestos victims.

“ADAO is delighted to present this daring and groundbreaking documentary at USC to bring attention to both the superb film and the global issue of asbestos, which has caused the largest manmade occupational and environmental disaster in history,” commented Linda Reinstein, President/CEO, ADAO. ”Other countries should follow Italy’s example and prosecute these people, who have knowingly exposed tens of thousands of people to lethal doses of a product they know kills.”

Following the screening will be a panel discussion hosted by ADAO that includes Dr. Michael Renov (Professor of Critical Studies and SCA Vice Dean, Academic Affairs), Niccoló Bruna (“Dust” Director), and Linda Reinstein (President/CEO, ADAO).

“Dust: The Great Asbestos Trial is a very accomplished film on a tough topic. I have seen many films on comparable topics but rarely have I seen such a broad and complex topic or such diverse locations and characters handled with such grace and concision,” comments Michael Renov, author of Theorizing Documentary (1993) and The Subject of Documentary (2004) and professor at the University of Southern California.

Asbestos is a known human carcinogen and exposure can cause mesothelioma and lung, gastrointestinal, laryngeal, and ovarian cancers, as well as non-malignant lung and pleural disorders. The World Health Organization estimates that 107,000 workers around the world will die each year of an asbestos-related disease, equaling 300 deaths per day.

Film info and trailer: http://www.graffitimultimedia.it/GraffitiDoc/Scheda.aspx?ID=5

Campaign website: http://asbestosinthedock.ning.com/
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Thursday, March 29, 2012

Zadroga Benefits Proposed By NIOSH for Some Cancers

A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, colon, liver, skin, lungs, kidneys and others.

See March 22, 2012 Master DRAFT for WTC STAC Committee Review
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Wednesday, March 28, 2012

AIG Exits Workers Compensation As Comp Medical Issues Grow

AIG has written, in what maybe, the first of many obituaries for the nation's patchwork of workers' compensation programs. The third largest excess workers' compensation insurance carrier, has announced that it is leaving the market because of instability in medical costs and the advent of national health care.

To read more click here: BestWeek: Health Care Reforms, Medicare Spending Squeezing Excess Workers’ Comp Line

Tuesday, March 27, 2012

Cell Phone Hearing Use Results in $1.2 Million in Compensation Benefits

The use of a Blackberry cellphone that reportedly caused tinnitus has resulted in the payment of $1.2 Million in workers' compensation benefits.

Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning signs of an auditory abnormality."

Tinnitus describes a condition of "ringing in the ears." Individuals often describe the sound as a hum, buzz, roar, ring, or whistle. The predominant cause of tinnitus is long-term exposure to high sound levels, though it can also be caused by short-term exposure to very high sound levels, such as gunshots. Non-acoustic events, such as a blow to the head, dietary issues, stress, jaw joint disorders, debris on the eardrum, or prolonged use of aspirin may also cause tinnitus.The inner ear or neural system produces the actual sound.

Exposure to excessive noise in the workplace has been recognized as a major health hazard, one that can impair not only a person's hearing, but also his physical and mental well-being. workplace first affects the ability to hear high-frequency or high-pitched sounds. Workers suffering from noise-induced hearing loss may also experience continual ringing in the ears, called "tinnitus". In addition, workers who are exposed to noise sometimes complain of nervousness, sleeplessness and fatigue.

Other cases have also been reported for workers' compensation benefits as a result of the use of a telephone. An injured worker was employed at New Jersey Manufacturers Insurance Company for approximately six years as a customer service representative who spoke with customers on the telephone. A pre-employment physical, which included a hearing test, demonstrates no hearing difficulties or other medical issues. During the course of her employment, renovations were conducted at the employer's office and she testified that she heard loud drilling and that her desk vibrated and she had difficulty hearing customers on the telephone. While medical evaluations reflected no statutory hearing loss pursuant to the form of the occupational Hearing Loss Act, the expert physician did recognize a 5% loss due to tinnitus. The trial judge concluded that the tinnitus disability was significant and distracted from the former efficiency of her ears and distracted from her ordinary pursuits of life. The reviewing Court held that tinnitus and supported by the appropriate proofs was a permanent partial disability and was compensable irrespective of whether the employee also suffers a hearing loss compensable under the OHLA. Schorpp-Replogle v. New Jersey Manufacturers Insurance Company, 395 N.J.Super. 277, 928 A.2d 885 (App. Div. 2007).

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Monday, March 26, 2012

Congress to Hold Hearings on Toxic Cosmetics

The Subcommittee on Health has scheduled a hearing on Tuesday, March 27, 2012, at 10:15 a.m. in room 2322 of the Rayburn House Office Building. The title of the hearing is “Examining the Current State of Cosmetics.” The hearings follow disclosure that various hair products contain formaldehyde, a carcinogen, and that some lipstick contains lead, a neurotoxic substance.

Witness List:

Panel One:

Michael M. Landa, J.D.
Director
Center for Food Safety and Applied Nutrition (CFSAN)
U.S. Food and Drug Administration
Witness Testimony (Truth in Testimony)

Panel Two:

Halyna Breslawec, Ph.D.
Chief Scientist and Executive Vice President for Science
The Personal Care Products Council
Witness Testimony (Truth in Testimony)

Peter Barton Hutt, J.D.
Senior Counsel
Covington and Burling, LLP
Witness Testimony (Truth in Testimony)

Ms. Curran Dandurand
Co-Founder and Chief Executive Officer
Jack Black Skincare
Witness Testimony (Truth in Testimony)

Ms. Debbie May
President and Chief Executive Officer
Wholesale Supplies Plus
Witness Testimony

Michael J. DiBartolomeis, Ph.D, CIH
Chief Occupational Lead
Poisoning Prevention Program & California
Safe Cosmetics Program
California Department of Public Health

Saturday, March 24, 2012

Federal Appeals Court Allows Case to Go Forward Against Zurich For Obstruction Of Workers Compensation Claim

The Federal 8th Circuit Court of Appeals has ruled that an employee may be permitted to go forward against an employer and its workers' compensation insurer, Zurich American Insurance Company for the intentional obstruction of a claim. The insurance company, despite conflicting statements, denied the compensability of a claim.

The Court stated:
"From the outset of Nunn’s workers’ compensation case, Zurich’s claims representative Tara Draves-Blandin and its attorneys Kristin B. Maland and Patrick T. Grove understood that if Gibson called the meeting for business purposes, Nunn’s claim was compensable."
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"Viewing the facts most favorably to Nunn, there are genuine issues of material fact whether Noodles intentionally obstructed her receipt of workers’ compensation benefits through Gibson’s fabrications and its 17-month delay in payment."

Nunn v Noodles & Company; Zurich American Insurance Company, No. 11-1531 (8th Cir Ct 2012) Decided March 22, 2012 __F.3d__, 2012 WL 952759 (C.A.8 Minn.)

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