Employer Not Permitted to Stop Temporary Disability Benefits When Social Security Disability Awarded

An employer cannot stop paying workers' compensation benefits merely because the injured worker was awarded Social Security Disability benefits. In fact, the premature termination of temporary disability benefits was adequate grounds for a NJ compensation court to levy fines and penalties upon the employer.

The NJ Court of Appeals affirmed the trial court ruling of Judge of Compensation George F. Geist who assessed a penalty upon the employer for defying an Order of the Court to pay workers' compensation temporary disability benefits.

The employer' attorney argued that the employer was permitted to unilaterally terminate temporary disability benefits since the Social Security Administration had awarded the the injured worker disability benefits. The employer asserted that by accepting the award from Social Security the claimant had removed himself from the workforce. No supporting law was offered to support that proposition and the compensation court awarded a 25% penalty and simple interest against the employer.

Ferguson v Trenton Board of Education (NJ App. Div. 20112)

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Cell Phone and Brain Malignancies: The Right to Know Radiation Act

(Photo credit: Wikipedia)

As the controversy continues to rage over whether cell phone radiation can be linked to an increased risk of brain cancer, recently introduced legislation in the US Congress would offer the public more information to make educated choices over purchase and use of cell phones.

Congressman Dennis Kucinich (D-OH) has introduced H.R. 6358, the Cell Phone Right to Know Act, a bill to grant a consumer’s right-to-know by providing for warning labels on cell phones. It would also create a new national research program to study cell phones and health and require the Environmental Protection Agency to update the outdated Specific Absorption Rate (SAR). A federal appeals court in San Francisco is expected to consider a local right-to-know ordinance this week.

“Consumers have a right to know the radiation levels of cell phones and whether they are buying the phone with the lowest – or the highest – level of exposure to cell phone radiation. They also deserve to have up-to-date exposure standards that are put together by health professionals without conflicts of interest,” said Kucinich.

When Kucinich first called a hearing on the issue as Chair of the Domestic Policy Subcommittee on September 25, 2008, Dr. Ronald Herberman, then Director of the University of Pittsburgh Cancer Institute, testified to the Subcommittee, “I cannot tell this committee that cell phones are dangerous, but I certainly can't tell you they are safe.”

Last year, the World Health Organization finished its assessment of the evidence about the links between exposure to radiation from cell phones and health problems. They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury.

The long-awaited Interphone study, a major inquiry into the potential links between cell phone use and tumors, concluded that when taken as a whole, there was not a link. However, when the data was broken down, more risk was found and the picture became clearer. Those using their cell phones typically only 30 minutes per day or more were found to have a 40% increased risk of a type of brain tumor called glioma, when compared to someone who had not used a cell phone. If the phone is used mostly on one side of the head, the risk is 96% more than someone unexposed to cell phone radiation.

“It took decades for scientists to be able to say for sure that smoking caused cancer. During those decades, the false impression created by industry supporters was that there was no connection between smoking and cancer, a deception which cost many lives. While we wait for scientists to sort out the health effects of cell phone radiation, we must allow consumers to have enough information to choose a phone with less radiation,” said Kucinich. “As long as cell phone users may be at increased risk of cancer or reproductive problems, Americans must have the right to know the radiation levels of cell phones.”

The warning labels required by H.R. 6358 would show the RF radiation emissions from the phone, legal limits and health-based goals for safe exposure. According to the Federal Communications Commission (FCC) the SAR is “the amount of radio frequency energy absorbed by the body when using a mobile phone.” The current SAR sets a maximum level of radiation emission at 1.6 watts per kilogram. The current SAR does not take into account vulnerable populations like kids or pregnant women. It also assumes a person’s only exposure is from the phone in use, but with WiFi, “smart phones,” and Bluetooth technologies, exposure to only one wireless device is increasingly rare, especially in urban environments. A Government Accountability Office report on cell phones and health is expected to be released soon.

More articles about the issue of cell phone radiation

Workers' Compensation: The Next Wave of Workers Compensation ...

May 31, 2011

After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

Workers' Compensation: The Next Wave of Workers Compensation ...

May 31, 2011

After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

Workers' Compensation: The Next Wave of Workers Compensation ...

May 31, 2011

After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

Workers' Compensation: The Next Wave of Workers Compensation ...

May 31, 2011

After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

http://workers-compensation.blogspot.com/

Workers' Compensation: Employers Now Banning Cell Phone Use

May 23, 2012

A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation ...

http://workers-compensation.blogspot.com/

Workers' Compensation: National Cell Phone Ban Proposed by ...

Jul 07, 2011

National Cell Phone Ban Proposed by Congress. Cell phone abuse while driving has been proposed by Congresswoman Carolyn McCarthy (D-NY4). Distracted driving accidents are soaring and are now emerging as a major ...

http://workers-compensation.blogspot.com/

Cell Phones Usage For Commercial Interstate Drivers to be Banned

Nov 29, 2011

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Cell Phone Hearing Use Results in $1.2 ...

Mar 27, 2012

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 ...

http://workers-compensation.blogspot.com/

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EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J

U.S. Environmental Protection Agency Regional Administrator Judith A. Enck was joined today by New Jersey Senator Frank R. Lautenberg, Senator Robert Menendez and Congressmember Bill Pascrell, Jr. as she announced that the EPA will safely demolish the E.C. Electroplating building at the Garfield Superfund site in Garfield, New Jersey. The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, may cause cancer and can cause nervous system damage. The Regional Administrator and members of Congress were joined by Garfield Mayor Joseph Delaney, local officials and community members to review progress and discuss the ongoing Superfund cleanup at the former electroplating facility.

“The EPA has done a great deal of work since 2002 to reduce the health risks to the people who live and work in the area of Garfield affected by chromium contaminated ground water,” said EPA Regional Administrator Judith A. Enck. “Today we’re pleased to announce that we’re ready to take a step forward in the long-term cleanup of the Garfield Superfund site.”

Preliminary sampling shows that parts of the E.C. Electroplating building, its two basements and the soil located under the structure are contaminated with the chemical hexavalent chromium. The structure needs to be demolished in order to properly dispose of the contaminated sections of the building and to remove the contaminated soil underneath. The EPA tested the industrial materials left at the former E.C. Electroplating and will safely remove and properly disposed of them at licensed facilities.

The EPA is currently preparing the building for demolition by removing over 220 drums and cleaning the building surface. The agency will work closely with local officials to determine the best time to do the demolition and will hold a community meeting before demolition begins to inform area residents and building owners about the work. Strict procedures will be followed to control dust during the demolition, with special attention paid to the Garfield No.7 School and to a daycare center located near the site. The EPA will establish an air monitoring network to ensure that contamination is contained during the demolition work. The air monitoring plan will be shared with the public before work begins. The demolition work is presently scheduled to take place in October.

Ground water underlying the site is also contaminated with the hexavalent chromium and is seeping into basements in some Garfield homes and businesses. Drinking water for Garfield comes from the Garfield Municipal Water Supply, which is not contaminated and is routinely tested to ensure that it meets federal and state drinking water standards, which it does.

The Garfield Superfund site, which is located in a mixed commercial and residential neighborhood, is bordered by Van Winkle Avenue to the north, Monroe Street to the south, Sherman Place to the east, and the Passaic River to the West. Historically, industrial facilities in Garfield were located in close proximity to residential areas, including a tannery, a chemical plant and two electroplating companies. Some of these facilities used hexavalent chromium in their processes and the nearby ground water is now contaminated with the chemical. In June 1993, water containing hexavalent chromium and dried crystals of chromium was discovered in the basement of Garfield Fire House #3. In 2002, at the request of the New Jersey Department of Environmental Protection, the EPA began its investigation of ground water contamination in Garfield.

In September 2010, the federal Agency for Toxic Substances and Disease Registry issued a health advisory recommending that the EPA continue to take steps to minimize people’s exposure to the contamination and that it expedite a long-term cleanup. The site was added to the federal Superfund list in 2011.

The EPA used its Superfund’s emergency response authority in Garfield to address the immediate health threats in properties where ground water had carried hexavalent chromium into basements. Over 500 homes and businesses have been inspected for hexavalent chromium contamination and over 2,000 samples have been analyzed. The EPA has found about 15 properties that require cleanups to protect occupants from unacceptable levels of chromium that have seeped into their basements. The EPA has an ongoing inspection and assessment program to assist any concerned residents within the impacted area.

The EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation will allow the EPA to determine how best to clean up chromium contaminated ground water.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous waste sites. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. In this instance, the EPA has identified E.C. Electroplating as a company that may be liable for the cleanup. The company, however, alleges it lacks funds to conduct any cleanup. To date, the EPA’s cleanup costs for this site exceed four* *million dollars. The EPA is continuing its search for other parties responsible for the contamination at the site.

For more information about the Garfield site, visit: http://www.epa.gov/region2/superfund/removal/garfield.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

Articles About Chromium

The Time for a Hexavalent Chromium Safety Standard Is Now

Nov 23, 2010

EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Soldiers Exposed to Chromium in Iraq File ...

Jun 09, 2009

Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...

http://workers-compensation.blogspot.com/

Defense Department to Investigate Hexavalent Chromium Exposure ...

Oct 03, 2009

Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...

http://workers-compensation.blogspot.com/

New OSHA Booklet Sets Forth Hexavalent Chromium Standard

Jan 14, 2010

"Hexavalent chromium is a powerful lung carcinogen and exposure to this chemical must be minimized," said Assistant Secretary of Labor for OSHA David Michaels. "OSHA provides guidance on its standards to ensure that ...

http://workers-compensation.blogspot.com/

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Citizen Groups Urgently Request Court to Stop Body Scans by TSA

English: Poster prepared by the Transportation Security Administration summarizing the operation of the Millimeter Wave (MMW) whole body imaging scanner. (Photo credit: Wikipedia)

Whole Body Imaging (WBI) at US airports by The Transportation Safety Administration (TSA) has raised urgent health concerns over causing increased rates of cancer among airport workers and passengers. Parties have requested the US Court of Appeals for the District of Columbia to address the Court's mandate of one year ago that TSA propose formal rule making authority to address the health issues raised before the continued use of the TSA WBI scanners that are used in US airports.

More articles about scanner and health concerns

More Evidence Mounts That TSA Scanners Are Dangerous

Jan 04, 2012

How much radiation is just too much and an additional risk for cancer is the question now posed by scientists concerned about TSA scanners. The scanners emit radiation in one form or another that is where the issues gets ...

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EU Restricts US Airport Scanners As Health Hazard

Nov 21, 2011

The European Commission has adopted today a proposal for an European Union legal framework on security scanners. This legislation allows airports and Member States that wish to use security scanners for the screening ...

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Workers' Compensation: Playing the TSA Cancer Lottery

Mar 22, 2011

At a US Senate hearing last week, Senator Susan Collins (R-Maine) revealed that TSA had made reporting errors in the statistics it has compiled in defense of the use of body scanners. "That is completely unacceptable when ...

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Today Marks the 34th Anniversary of the Love Canal Tragedy

Superfund Sites and located throughout the United States. Today marks the 34th anniversary of the "Love Canal Tragedy." Workers have been exposed to toxic substances and many have had little recourse in finding medical treatment and preventative care since most occupational disease claims are routinely denied by employers and workers' compensation insurance companies. Now delays are further hampering the cleanups.

Read more about Superfund sites

Workers' Compensation: EPA to Hold Public Meeting on Plan for the ...

Jul 27, 2012

The U.S. Environmental Protection Agency is proposing a plan to clean up contaminated ground water beneath the White Chemical Corporation Superfund site in Newark, New Jersey. The ground water was contaminated...

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Workers' Compensation: EPA Encourages the Public to Comment ...

Jun 09, 2012

The U.S. Environmental Protection Agency has proposed a plan to clean up contaminated ground water at the Evor Phillips Leasing Company Superfund site. The six-acre vacant site is in an industrial area of Old Bridge ...

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Workers' Compensation: US EPA Reaches Agreement With 70 ...

Jun 21, 2012

Superfund is the federal cleanup program established in 1980 to investigate and clean up the country's most hazardous waste sites. The Superfund program operates on the principle that polluters should pay for the cleanups,...

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US EPA Removes NJ Millington Asbestos Site from Super Fund List

Aug 20, 2010

The U.S. Environmental Protection Agency (EPA) has successfully completed cleanup work at the Asbestos Dump Superfund site in Long Hill Township and Harding Township, Morris County, New Jersey and has deleted the ...

http://workers-compensation.blogspot.com/

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Can I Move To Another State If I Have A Work' Comp' Claim?

Guest author Emanuel Aron from 

Pasternack Tilker Ziegler Walsh Stanton & Romano (NY)

Question: Can I move to another state even though I have a workers’ compensation claim in New York?

Answer: Absolutely! Many claimants move to other states during the course of their workers’ compensation claims. Here are the top five things to consider when moving to another state: 

1. Tell your workers’ compensation attorney that you are moving, and update your contact information such as telephone number and address. 

2. Find a doctor in your new state that handles workers’ compensation claims in New York state. A simple Google search should give you several hits. Be sure to ask if the doctor handles workers’ compensation claims for claimants. 

3. As there is often confusion at the initial stages of treatment as to why a patient is seeing the doctor, be sure to tell your doctor that you have an ongoing workers’ compensation claim in New York for which you need continuing treatment. 

4. Have your Notice of Decision authorizing medical treatment handy! This is how the doctor knows that he or she is allowed to treat you for your work-related injury. If you do not have a copy of that Notice of Decision or have lost it, ask your workers’ compensation attorney to send you a copy ASAP. 

5. Be proactive. This is your workers’ compensation claim: you have a right to your medical records. Ask for them after each visit! Give your workers’ compensation attorney the doctor’s contact information, including telephone number, fax number, and address. Get in touch with your workers’ compensation attorney if the doctor is having any difficulty getting your medical treatment paid for by the insurance carrier.

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This Is Just Plain Sick: US Consumption of Asbestos Increased 13% in 2011

The US Geological Survey has reported that US consumption of asbestos fiber increased 13% in 2011. Asbestos is a known carcinogen and the cause of mesothelioma, a rare and fatal cancer. The US has yet to ban asbestos fiber. 

"U.S. apparent consumption of asbestos was calculated to be
1,180 t in 2011, a 13% increase from 1,040 t in 2010 (table 1).
It is likely that much of the additional 140 t of chrysotile
imported in 2011 went into stocks for future use rather than
being used because it was unlikely that markets had expanded.
Roofing products accounted for 41% of U.S. consumption;
diaphragms for the chloralkali industry, 28%; coating and
compounds, 2%; plastics, less than 1%; and other uses, 29%.
Much of the chrysotile for which no end use was specified was
likely to have been imported and (or) used by the chloralkali
industry in 2011, based on trade data reported by United
Business Media Global Trade (undated). Asbestos acts as a
semipermeable diaphragm to separate the chlorine generated
at the cell anode from the starting brine in the electrolytic cell.
Chrysotile was the only type of asbestos used in the United
States in 2011, 49% of which was grade 7, 16% was grade 5,
12% was grade 4, and 23% was unspecified."

Read USGS 2011 Mineral Report

More about banning asbestos

Workers' Compensation: WHO Urges Worldwide Asbestos Ban ...

Oct 06, 2011

WHO Urges Worldwide Asbestos Ban: Mesothelioma Rates Surge. The World Health Organization urges a worldwide ban on asbestos productions, as deaths from mesothelioma continue to escalate: "In conclusion, malignant ...

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Workers' Compensation: Asbestos: Not Banned in US But Use ...

Jan 29, 2010

The use of asbestos, a known carcinogen, is not yet banned in the US, but the use of it continues to decline. Asbestos has not been mine in the US since 2002 and therefore the country is dependent upon imports for asbestos ...

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Workers' Compensation: UN Agency Urges Worldwide Asbestos Ban

Sep 16, 2010

The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107000 lives each year.

http://workers-compensation.blogspot.com/

Workers' Compensation: Report Urges Worldwide Ban on Asbestos ...

Jul 22, 2010

Corporate greed resulting in the loss of life is the conclusion of a major investigative report just published concerning the worldwide asbestos trade and global epidemic of disease. The report, strongly urging the rationale for a ...

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