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

Wednesday, July 25, 2012

Parking Constitutes Arrival at Work

The employee parking lot on the campus of the ...
 (Photo credit: Wikipedia)
A NJ Court of Appeals in a definitive statement about off-premises injuries, strongly affirmed the rule that when an employee arrives at am employer designated parking lot, the employee arrives at work. Even though the employee had exited the vehicle, and was injured while on a public street, the employer was held liable for the injuries under the workers' compensation act.

"Hence, we agree with the judge that when petitioner parked her car in the assigned garage, she was not coming to work, she had arrived there."

Sunday, July 22, 2012

Join Us On LinkedIn: The Injured Workers Law & Advocacy Group

The Injured Workers Law & Advocacy Group is an open and free LinkedIn group that provides news and open discussions concerning national workers' compensation trends. 


The group is maintained for academic purposes to facilitate national policy discussions. Multiple news feeds and discussion postings are available free of charge.


Click here to join now.

Saturday, July 21, 2012

Welcome, sulfur dioxide...not

Emissions from the Valero refinery in Port Arthur, Texas
( Photo by Mike Breaux) ENS
Welcome, sulfur dioxide
Hello, carbon monoxide
The air, the air
Is everywhere
HAIR, The Broadway Musical


A Federal Court of Appeals ruled against several states and state regulatory agencies, together with corporations and industrial associations, who petitioned for review of the Environmental Protection Agency’s rule entitled “Primary National Ambient Air Quality Standard for Sulfur Dioxide,” and of the subsequent denial of their petitions for reconsideration of the standard.

The petitioners contended, first, that EPA failed to follow notice-and-comment rulemaking [ 
75 Fed. Reg. 35520 procedures, and second, that the agency arbitrarily set the maximum sulfur dioxide (SO2) concentration at a level lower than statutorily authorized. National Environmental Development v. EPA, No. 10-1252, (Cir Ct App DC) Decided July 20, 2012

See also:  Texans Sickened by 'Accidental' Gas, Oil, Chemical Emissions


OSHA cites Bloomfield NJ contractor for fall hazards - $89,110

Diana Cortez
OSHA Area Director
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Allied Brothers Construction Inc. of Bloomfield, N.J., for alleged repeat and serious violations of workplace safety standards at a Montebello, N.Y., work site. The contractor faces a total of $89,100 in proposed fines. OSHA's Tarrytown Area Office opened an inspection of the residential construction site on Ryan Mansion Drive in February after receiving reports of fall hazards.

"What we found at this work site were hazards unacceptably similar to those cited during prior inspections at the employer's other sites," said Diana Cortez, OSHA's area director in Tarrytown. "It's clear that this employer must take effective action to enhance worker safety and eliminate such potentially deadly hazards at all of its work sites."

OSHA found employees exposed to falls of up to 13 feet while working without protection atop roofs, and while accessing and exiting roofs using ladders that did not extend at least 3 feet above the landing for proper stability. Allied Brothers Construction also allowed its employees to work without first receiving necessary training to recognize and avoid such hazards. Between 2007 and 2012, OSHA cited this company for similar hazards at work sites in New Milford, Oradell, Patterson, Rutherford and Upper Saddle River, N.J. As a result, OSHA issued has citations in the current case with $79,200 in proposed fines for four repeat violations. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any other facility within the last five years.

OSHA also has issued citations with $9,900 in fines for three serious violations involving an improperly rigged fall arrest system, an unguarded belt and pulley on a compressor, and the use of a defective ladder. 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.

In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

"In 2010, there were more than 250 fall fatalities in construction in this country. Such deaths are preventable," said Robert Kulick, OSHA's regional administrator in New York. "There are three key steps to preventing falls: plan ahead to get the job done safely, provide the right equipment and train everyone to use the equipment safely. Failure to follow these steps can result in deadly or disabling injuries to workers."

Allied Brothers Construction Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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Friday, July 20, 2012

Passive Noise is Hazardous to Your Health

Estacion Times Square-42ST, del metro de NY
Estacion Times Square-42ST, del metro de NY
(Photo credit: Wikipedia)
The majority of binaural hearing losses are caused by exposure to loud noise over an extended period of time. Such occupational exposures to noisy work environments are compensable and workers' compensation benefits are common paid for such conditions.


The NY Times reports today that passive nose is becoming a major factor that is causing binaural hearing losses.



"Your ears don't get more tolerant. Your psyche gets more tolerant."
DR. GORDON HUGHES, director for clinical trials at the National Institute on Deafness and Other Communication Disorders, on the dangers of increasingly higher noise levels in public places.

Read the complete articles:
Working or Playing Indoors, New Yorkers Face an Unabated Roar (NY Times)A Sound Tour of NY City (NY Times)
....
For over 4 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.
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Workers Compensation Pharmaceuticals Targeted For Reform

Ritalin
Ritalin (Photo credit: Wikipedia)
An insurance based research organization, the Workers Compensation Research Institute (WCRI), has published a report concerning newly adopted State regulations limiting the prices paid for doctor-dispensed drugs (repackaging) and comparison costs between prescription medication and similar, less costly, over-the-counter (OTC) drug costs. WCRI also reports on the costs between brand-name drugs and generic prescriptions.

The study examines the results of a change to the California statute that has become a model for many other states. Critics of the regulations express concern that many patients will not get needed medications if they do not get them at the physicians’ offices.

The study, Physician Dispensing in Workers’ Compensation, examines physician dispensing before and after a 2007 change in the California statute that governed the prices paid to physician-dispensers. Prior to the statutory change, physicians typically charged much higher prices than pharmacies for the same medication. For example, for the most common drug, Vicodin®, physicians were paid $0.85 per pill compared to $0.43 for pharmacies—nearly double the price. After the reforms, physicians were paid $0.52 per pill compared to $0.48 for pharmacies. After the law changed, physicians were paid prices for prescription medications that were similar to those paid to pharmacies for the same medication.

This study finds that:

· physician-dispensed drugs became increasingly common in most states that permit physician dispensing;

· prices paid for physician-dispensed drugs were often substantially higher than if the same drugs were dispensed by a retail pharmacy;

· prices paid to dispensing physicians rose rapidly for medications that were commonly dispensed by physicians, while the prices paid to pharmacies for the same drugs changed little or fell.


One of the chief concerns expressed by supporters of physician dispensing (in California and in other states) was that doctors would stop dispensing needed prescriptions when it became less profitable. However, the California post-reform experience shows that physicians continued to dispense prescriptions, even when the prices paid were lower. Before the reforms, 55 percent of all prescriptions were dispensed at physician offices. Three years after the reforms, 53 percent of all prescriptions in California were physician-dispensed so patients had similar access to physician dispensed medications, but at a much lower cost.

Robert Ceniceros, a reporter for Business Insurance, reported, "...But critics contend such price regulations may discourage doctors from dispensing drugs and discourage patients from getting the prescription drugs they need."



The report also examines several other concerns expressed by supporters of physician dispensing. One is that spending on prescription drugs might increase if a California-type reform were adopted. They argue that physicians almost always dispense less expensive generic versions of drugs, while pharmacies dispense both brand names and generics. The study found that for the specific medications commonly dispensed by physicians, generics were almost always dispensed by both physicians and pharmacies. In many states, when generic drugs were dispensed, physician-dispensers were paid much higher prices per pill than pharmacies for the same prescription.

The data used for this study include nearly 5.7 million prescriptions paid under workers’ compensation for approximately 758,000 claims from 23 states over a period from 2007/2008 to 2010/2011. The 23 states in this study represent over two-thirds of the workers’ compensation benefits paid in the United States. These states include Arkansas, Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Wisconsin. Several of the states in this study (Arizona, California, Georgia, South Carolina, and Tennessee) recently adopted reforms aimed at reducing the prices of physician-dispensed drugs.



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Asbestos Cement Factories Pose High Risk Mesothelioma

English: Mesothelioma of the left lower lung.

Mesothelioma of the left lower lung.
(Photo credit: Wikipedia)
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United States decades following exposure because of the long latency period between exposure to asbestos fiber and the manifestation of disease.

Epidemics of malignant mesothelioma are occurring among inhabitants of Casale Monferrato and Bari never employed in the local asbestos-cement (AC) factories. The mesothelioma risk increased with proximity of residence to both plants.


To provide information on the intensity of environmental asbestos exposure, in the general population living around these factories, through the evaluation of the lung fibre
burden in mesothelioma patients.


A analysed by a scanning electron microscope equipped with X-ray microanalysis wet (formalin-fixed) lung tissue samples from eight mesothelioma patients who lived in Casale Monferrato or Bari and underwent surgery. Their occupational and residential history was obtained during face-to-face interviews. Semi-quantitative and quantitative indices of cumulative environmental exposure to asbestos were computed, based on residential distance from the AC plants and duration of stay.


 The lung fibre burden ranged from 110 000 to 4 300 000 fibres per gram of dry lung (f/g) and was >1 000 000 f/g in three subjects. In four cases, only amphibole fibres were detected. Environmental exposures had ceased at least 10 years before samples were taken. No patient had other definite or probable asbestos exposures. A linear relationship was observed between the lung fibre burden and all three indices of environmental cumulative exposure to asbestos.


Environmental exposure to a mixture of asbestos fibres may lead to a high lung fibre burden of amphiboles years after exposure cessation. The epidemiological evidence of an increased mesothelioma risk for the general population of Casale Monferrato and Bari, associated with asbestos contamination of the living environment, is corroborated.
....
For over 4 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.


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The court held that the standard of causation in a mesothelioma case permitted recovery where there was infrequent exposure to a small amount of fiber. History. "Mark Buttitta was born in December 1952. He worked as a ...