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Tuesday, July 3, 2012

Not Taxable: Reimbursed Governmental Sick Leave Benefits

A New Jersey appellate court ruled that workers' compensation benefits to a NJ governmental entity for the payment of sick leave benefits are not subject to the NJ State Gross Income Tax.

The Director of the Division of Taxation argued that the benefits were paid pursuant to a collective bargaining agreement and therefore were considered taxable wages. The court rejected that argument.

Where a municipality paid an injured worker sick leave Injury (SLI) program benefits, pursuant to a collective bargaining agreement, that portion of the benefit which was reimbursed as workers' compensation by the employee to governmental agency, is not subject to state income tax.

Sa v. Director, Division of Taxation, 2012 WL 2515276 (N.J.Tax), Decided June 29, 2012.
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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.

Surveillance Video Barred as Belated Evidence

A New Jersey appellate court held that the trial court's decision to bar the admission of a surveillance tape into evidence was appropriate in a total disability claim, where the employer's attorney did not adhere to the administrative of rules concerning the offering of evidence. On the last day of a trial, the employer attempted to introduce a surveillance video of the of the employee on the basis that the tape would refute the injured worker's testimony that he could do nothing at home more than replace a lightbulb.


At the trial, Judge  Kenneth Kovalcik, exercising his judicial discretion, barred the use of the video as evidence. The court relied upon NJAC 12:235-3.11(a)(4)(i) that requires a pretrial memorandum must reflect that a party intends to utilize videos or other electronic media prior to trial. The defense argued that it was unable to comply with the administrative requirement because the video did not exist at the time the pretrial memorandum was submitted and that it was necessary to rebut the petitioner's testimony.

In affirming the trial judge, the appellate court reasoned that it was not an abuse of discretion to bar the use of the video. It reasoned that the belated surveillance tapes could not be admitted unless the employer could show that it was unaware, and could not have become aware, of the circumstances warranting the surveillance video before the hearing.

Marra v. Ryder Transportation Resources & Second Injury Fund, Docket No. A-5274-10T4, 2012 WL 2505731 (N.J.Super.A.D.), decided July 2, 2012.

WTC Health Program: First Year Anniversay


WTC Program Administrator John Howard, M.D. comments about the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act


On July 1st we marked the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act going into effect, officially launching the World Trade Center (WTC) Health Program. The WTC Health Program is a unique government program that provides medical evaluation and treatment to eligible 9/11 responders and survivors.


After opening our doors one year ago, we have made a lot of progress in our ability to respond to the needs of our members. We wanted to take this opportunity to reflect on the past year and how the Program has grown and what we will be focusing on in the coming months.


If you should have any questions about the WTC Health Program, please email us at WTC@cdc.gov.


Thank you,


John Howard, M.D.
Administrator, World Trade Center Health Program


Achievements and Looking Ahead

  • Since the Program became effective last year, it has helped over 60,000 people receive benefits, including those who were previously enrolled in the medical monitoring and treatment program and more than 1,200 new enrollees.
  • The WTC Health Program Scientific/Technical Advisory Committee (STAC) met three times to discuss and prepare their recommendation on whether to add cancer to the list of health conditions covered by the Program.
  • On June 13, we published a proposed rule to add certain types of cancers to the list of conditions the Program covers. We based this decision on a hierarchy of methods, including the recommendation of the STAC. After a 30 day public comment period, the Administrator will consider and address those comments as appropriate before issuing a final ruling.
  • In May, Stony Brook Medical Center opened a new clinic in Brooklyn to serve 9/11 responders, providing another place to get care that is closer to home and/or work.
  • The funding announcement for outreach and education cooperative agreements has gone out and we are looking forward to reviewing the proposals. The purpose of the awards is to recruit eligible responders and survivors and help them enroll in the Program to receive the care they need and deserve.
  • We will continue to work to improve the Program, including establishing eligibility criteria for Pentagon and Shanksville, PA responders.
  • We will expand the Program so that through the nationwide network of providers both responders and survivors who live outside the New York City metropolitan area can receive monitoring and treatment benefits near to where they live.


Facebook Photo Admissible As Evidence

An injured worker was denied benefits when an Arkansas Court admitted into evidence Facebook pictures that were posted on line showing him drinking and partying. The worker had alleged that as a result of a hernia, sustained at work, he was in excruciating pain.

The trial court held that the evidence went to the weight to be given his testimony and it was within the province of the Court admit them into evidence. The Court dismissed the injured worker's argument that the Facebook photos "are a disgrace to the dignity of the workers' compensation proceeding and the legal system." The case was dismissed.

Clement v. Johnson's Warehouse Showroom, 2012 Ark. App. 17, 2012 WL 11285 (Ark.App.)

EPA Provides Funding Community Groups to Educate About River Contamination from Abandoned Industrial Facilities

The legacy of toxic pollution generated from abandoned industrial facilities located on the NJ Passaic River, and other urban waters,  concern the US Environmental Protection Agency (EPA). The agency will be providing grants to educate the communities, including the former workers of the facilities.

Many of the toxic substances that companies dumped in to the Passaic River have resulted in occupational illnesses that have taken decades to manifest. Claims for industrially-induced occupational diseases are probably the greatest economic burden upon the compensation system at this time. The epidemiological predictions of the manifestation of occupational disease in the 21st century are for numbers of "epidemic" proportion.

The U.S. Environmental Protection Agency is providing a $60,000 grant to the Ironbound Community Corporation, a community organization in the Ironbound section of Newark, New Jersey, to educate the community about the history and ecology of the Passaic River and what can be done to protect it. The funding is part of the EPA’s Urban Waters program, which supports community efforts to restore and revitalize local canals, rivers, lakes, wetlands, aquifers, estuaries, bays and ocean areas and provide access to them. The Ironbound Community Corporation is the largest comprehensive social service provider in the area.

"Urban waterways like the Passaic River have been battered by toxic and sewage pollution for too long," said EPA Regional Administrator Judith A. Enck. "By providing these grants, the EPA is supporting efforts to educate the public about the history of the Passaic River and the need to work together to clean it up.”

The Ironbound Community Corporation will offer a series of river tours and “walkshops” to introduce Newark residents to the Passaic River’s history and ecosystem. The programs will include a series of walks along the river’s edge to celebrate the river and educate participants about what they can do to improve the river. The Ironbound Community Corporation will also produce a Back to the River brochure and map depicting the history and current state of the Lower Passaic River.

Many urban waterways have been polluted for years by sewage, runoff from city streets and contamination from abandoned industrial facilities. Healthy and accessible urban waters can help local businesses grow and enhance educational, recreational, employment and economic opportunities in nearby communities. By promoting public access to urban waterways, the EPA is helping communities become active participants in restoration and protection.

Through the Urban Waters program, the EPA is awarding grants ranging from $30,000 to $60,000 to 46 organizations throughout the nation. The projects selected for the funding will promote the restoration of urban waters through community engagement and outreach, water quality monitoring and studies, and environmental education and training. To view a list of the grant recipients, visit: http://www.epa.gov/urbanwaters/funding.Information on the EPA’s Urban Waters program: http://www.epa.gov/urbanwaters/index.html.

Information on the Urban Waters Federal Partnership: http://urbanwaters.gov/
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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.


More Blogs About the Passaic river Pollution
Jun 21, 2012
Seventy Companies Reach Agreement with EPA to Remove Highly Contaminated Mud from Lyndhurst Section of the Passaic River; Cleanup work estimated to cost $20 million. The U.S. Environmental Protection Agency ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
Feb 28, 2012
In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay, and others. The EPA will continue to work with state and local governments to ensure ...
Dec 28, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Creamer Sanzari Joint Venture of Hackensack for seven alleged serious safety violations found at the Passaic River bridge project in ...

Monday, July 2, 2012

The Stockton Senario: When the Municipality Goes Into Bankruptcy

Official seal of City of Stockton
Official seal of City of Stockton (Photo credit: Wikipedia)
An injured municipal employee's nightmare is when the governmental entity goes into bankruptcy and uncertainty of benefits and potential elimination of a safety net become a reality. Unfortunately the senario is now threatening to be played out in Stockton, California.


Stockton is self-insured:
"The City of Stockton is "self-insured" for workers' compensation benefits. The City pays benefits directly to injured employees rather than purchasing an insurance policy that would pay benefits.

"All employees of the City are eligible to receive workers compensation benefits if injured or made ill by their job. There is no qualification period for eligibility, such as working a minimum time period or a minimum number of hours per week. If an employee believes that he or she was injured on the job, a claim for benefits can be filed with the employee's supervisor.


Some states have backup coverage system in place to provide benefits and many do not. If the bankruptcy protection becomes a growing trend for municipalities, then the senario can become even more problematic.

Sunday, July 1, 2012

OSHA kicks off summer campaign to prevent heat-related illnesses and fatalities among outdoor workers


The U.S. Department of Labor's Occupational Safety and Health Administration has kicked off a national outreach initiative to educate workers and their employers about the hazards of working outdoors in hot weather. The outreach effort builds on last year's successful summer campaign to raise awareness about the dangers of too much sun and heat.

"For outdoor workers, 'water, rest and shade' are three words that can make the difference between life and death," Secretary of Labor Hilda L. Solis said. "If employers take reasonable precautions, and look out for their workers, we can beat the heat."

Every year, thousands of workers across the country suffer from serious heat-related illnesses. If not quickly addressed, heat exhaustion can become heat stroke, which has killed — on average — more than 30 workers annually since 2003. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but quickly can become heat exhaustion and then heat stroke if simple prevention steps are not followed.

"It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Agriculture workers; building, road and other construction workers; utility workers; baggage handlers; roofers; landscapers; and others who work outside are all at risk. Drinking plenty of water and taking frequent breaks in cool, shaded areas are incredibly important in the hot summer months."

In preparation for the summer season, OSHA has developed heat illness educational materials in English and Spanish, as well as a curriculum to be used for workplace training. Additionally, a Web page provides information and resources on heat illness — including how to prevent it and what to do in case of an emergency — for workers and employers. The page is available athttp://www.osha.gov/SLTC/heatillness/index.html.

OSHA also has released a free application for mobile devices that enables workers and supervisors to monitor the heat index at their work sites. The app displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level. Available for Android-based platforms and the iPhone, the app can be downloaded in both English and Spanish by visiting http://s.dol.gov/RI.

In developing last year's inaugural national campaign, federal OSHA worked closely with the California Occupational Safety and Health Administration and adapted materials from that state's successful campaign. Additionally, OSHA is partnering with the National Oceanic and Atmospheric Administration for the second year to incorporate worker safety precautions when heat alerts are issued across the nation. NOAA also will include pertinent worker safety information on its heat watch Web page athttp://www.noaawatch.gov/themes/heat.php.
Read this news release en EspaƱol.