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

Thursday, January 17, 2013

EPA Acts To Lower Toxic Old Diesel Engines in NY & NJ

The U.S. Environmental Protection Agency has provided a total of $2.7 million to help two organizations reduce air pollution in the New York metropolitan area by replacing old, dirty diesel engines on a tug boat and two trains with less polluting models. The projects will cut emissions of harmful nitrogen oxides by 70 tons per year and particulate matter by three tons per year. These pollutants are linked to health problems, including asthma, lung and heart disease and even premature death.

Diesel engines are durable and often remain in use a long time. Older diesels that predate current and stricter air pollution standards emit large amounts of air pollutants. EPA grants such as those announced today are helping to reduce air pollution from some of the more than 11 million older diesel engines that continue to emit higher levels of pollution.

“EPA grants to replace dirty diesel engines with cleaner models protect people’s health, create jobs and cut fuel costs,” said EPA Regional Administrator, Judith A. Enck. “Older diesel engines generate significant amounts of air pollution that can make people sick. Replacing old polluting diesel engines reduces asthma attacks and other respiratory ailments, lost work days and many other health impacts every year.”

Conservation Law Foundation Ventures, a not-for-profit organization, will use a $1.3 million EPA grant to replace an old engine on the Coral Coast, a 120-foot marine tug boat that operates out of New York harbor, with a new and cleaner EPA-certified engine. The new engine is estimated to emit 70% less nitrogen oxides and 83% less particulate matter than the current engine. The project is expected to reduce emissions of nitrogen oxides by 57.7 tons per year and particulate matter by 2.7 tons per year in addition to conserving 42,558 gallons of fuel annually.

The Northeast States for Coordinated Air Use Management will use a $1.4 million EPA grant to replace two old engines on locomotives operating in northern New Jersey with new and cleaner engines. The trains will also be equipped with either an automatic engine stop/start system or an auxiliary power unit, which will reduce idling. The new engines are estimated to reduce nitrogen oxides by as much as 12.8 tons per year and particulate matter by as much as 0.3 tons in addition to conserving 14,000 gallons of fuel per year.

The EPA grants to groups in New York and New Jersey announced today are part of nearly $30 million in grant funds awarded by the agency nationwide in 2012 for clean diesel projects.

For information about EPA’s clean diesel initiatives, visit: http://www.epa.gov/cleandiesel and the Northeast Diesel Collaborative http://www.northeastdiesel.org.

Read more about "diesel" and workers' compensation
Workers' Compensation: Diesel Exhaust Linked to Cancer
Jun 13, 2012
After a week-long meeting of international experts, the International Agency for Research on Cancer (IARC), which is part of the World Health Organization (WHO), today classified diesel engine exhaust as carcinogenic to ...http://workers-compensation.blogspot.com/
Apr 30, 2009
Diesel exhaust continues to be a major health hazard for certain workers. The American Lung Association has reported that, "Truck drivers, dockworkers and railroad workers may face higher risk of death from lung cancer and ...
Mar 14, 2012
Metro-North also must post an OSHA notice for employees in the Harmon Diesel Shop and on its internal website, and provide all diesel shop employees with information on employee protections for reporting work-related ...http://workers-compensation.blogspot.com/


Wednesday, January 16, 2013

NFL, Like M.D.'s, Was Slow to Recognize Concussion Risk =Orentlicher & David

Professor George W. Conk
The internationally recognized expert on complex liability claims, Professor George W. Conk,  of Fordham Law School reports in his blog, TORTS TODAY, of a forthcoming law review article, Concussion and Football: Failures to Respond by the NFL and the Medical Profession, 8 (1) FIU Law Review.

He states, "Brain injury in the NFL has gained the attention of public health authorities who have documented that NFL players die of neurodegenerative disorders at a rate triple the national average.  The NFL finds itself and the game on the defensive."

Click here to read the complete blog post: NFL, Like M.D.'s, Was Slow to Recognize Concussion Risk =Orentlicher & David

Read more about "brain concussions" and football

Dec 19, 2012
Football Concussions – An Epidemic Failure of Safety. Story after story is now emerging of the tragedy of head concussions incurred during the sport of football. While the a battle is brewing over jurisdictional issues involving ...
Apr 19, 2010
He remarked that former football players have donated their brains for pathological research concerning CTE and its association with multiple concussions playing the sport. It has been alleged that CTE results in early ...



Monday, January 14, 2013

Second Injury Fund: Missouri Auditor Says Fund It, or Shut It Down

"The fund is currently insolvent, with unpaid liabilities totaling over $28.1 million, and no means to pay the benefits required by statute. To remedy this situation, the Governor and legislature need to work together to determine whether the fund's statutory purpose remains the state public policy or the program should be reduced or eliminated. If it is decided the program should be continued, a plan should be adopted to re-capitalize the fund and ensure future revenues are adequate to cover statutorily required benefits in the future."

Thomas A. Schweich, MO State Auditor (Jan. 11, 2013)

Click here to read to report

Read more about "Second Injury Funds" and workers' compensation


Mar 20, 2012
Workers' Compensation: Are Second Injury Funds Going to be History Soon? As the Second Injury Fund debate in Missouri becomes more heated, one must consider the underlying issues challenging its existence. Whatever ...
Apr 21, 2010
The Missouri legislature failed to pass legislation that would rescue the state's Second Injury Fund (SIF) from financial collapse. The SIF has been long targeted for extinction by Industry in Missouri. The Attorney General order ...
Jan 25, 2010
NJ Second Injury Fund Is In Financial Trouble. Governor Christie's transition team reported that the NJ Second Injury Fund (SIF) is insolvent. Several options were presented, if the SIF is going continue to operate. The SIF was ...
May 09, 2011
In an editorial it declares that injured workers should receive benefits that they have been awarded un the Missouri workers' compensation Second Injury Fund which is now underfunded and unable to meet payment.


Saturday, January 12, 2013

NJ Contractor Sentenced By Federal Court for Illegal Asbestos Removal

Asbestos continues to be a major health concern. The known cancer causing substance that was manufactured and installed decades ago in the US, and still not banned, continues as a significant health threat. The Federal Government continues to vigoriously enforce safety regulations for the removal of asbestos fiber.

A Bergen County, N.J., man was sentenced today to three years of probation, including six months of home confinement, for conspiring to violate the federal Clean Air Act by improperly removing asbestos from a building, U.S. Attorney Paul J. Fishman announced. 

Vele Bozinoski, 61, of Elmwood Park, N.J., previously pleaded guilty before U.S. District Judge Noel L. Hillman to an Indictment charging him with violating the Clean Air Act’s asbestos work practice standards and with conspiring with others to commit that offense. Judge Hillman imposed the sentence today in Camden federal court.

According to documents filed in the case and statements made in court:

In February 2007, Bozinoski hired workers to remove insulation at the former Garden State Paper Mill, a facility that contained more than 160 linear feet of asbestos-containing material. Bozinoski conspired with others to fail to thoroughly inspect the facility for the presence of asbestos or to notify the Environmental Protection Agency of the presence of asbestos, prior to commencing insulation removal, as was required by federal law. Bozinoski also conspired with others to fail to ensure that material containing asbestos was wet prior to stripping it off pipes and other facility components or to seal asbestos-containing material in leak-tight containers until it was collected for disposal.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez; and special agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent in Charge William V. Lometti, with the investigation leading to today’s sentence.

The Government is represented by Assistant U.S. Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in Newark.

....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.

Read more about illegal "asbestos removal violations

Jun 22, 2012
They allegedly engaged in asbestos removal without the required license from the New Jersey Department of Labor, and their illegal activities allegedly caused the release of asbestos dust and debris. Kouvaras, the owner of ...
 
Jan 06, 2011
The U.S. Environmental Protection Agency's Inspector General has just signed an "Early Warning Report" that will shut down a dangerous and unapproved asbestos removal method that two EPA offices have been testing for ...
 
Aug 14, 2009
US EPA Cites Vermont Companies for Asbestos Removal. A Vermont company was cited by the US EPA for failing to test for asbestos. The company had been demolishing a building and failed to first test for the presence of ...
 
Aug 01, 2012
“Asbestos must be removed in a safe and legal way in order to protect people's health and reduce the risk of exposure,” said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance.

 

9/11 VCF Claims: Motley Rice Attorney to Speak About Claims Process

Vincent I. Parrett
Motley Rice attorney Vince Parrett has been invited to speak to a group of N.J. lawyers and judges at a New Jersey Institute for Continuing Legal Education seminar on Jan. 29, 2013, to discuss “New 9/11 Victim Compensation Fund Claims: What Attorneys Need to Know.”

Parrett, who represents 9/11 survivors and victims’ families, has been an advocate for the rights of cancer-stricken 9/11 survivors who were exposed to toxins at the 9/11 crash sites and a strong supporter of the efforts made to allow them to seek compensation under the “New” Victim Compensation Fund (VCF).

In addition to the thousands who lost their lives or were injured during the Sept. 11, 2001 attacks, many others were hurt by exposure to environmental toxins that the attacks or cleanup work caused. Signed into law by the President in 2011, The James Zadroga 9/11 Health and Compensation Act of 2010 broadened the scope of the original September 11th VCF and expanded eligibility for compensation to first responders, cleanup workers, volunteers and others involved in the rescue and debris removal efforts.

This reactivated VCF began the process of providing economic relief to people who were physically injured or suffered toxic exposure. Among those who might be eligible for compensation are first responders, cleanup workers and residents in the Canal Street area who suffered injuries, illness or death resulting from work or toxic exposure at the World Trade Center, Pentagon or Shanksville, Penn., crash sites.

Most recently, on Sept. 10, 2012, federal authorities added 58 types of cancers to the list of covered illnesses. This action enables first responders and others who were at Ground Zero to receive medical care for certain cancers they developed post-9/11.

Learn more about the Victim Compensation Fund.

Click Here to Register Now: for the January 29, 2013 Seminar

Read More About "9/11 Claims" and Workers' Compensation Law.

Dec 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does .

Oct 19, 2012
Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and ...

Sep 11, 2012
The National Institute for Occupational Health and Safety today announce publication of a Rule that will allow for medical treatment coverage for 9/11 cancers suffered by 1st responders and residents of lower Manhattan as a ...

Jun 08, 2012
The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.

Medical Outcome Based Compensation - Essentially a Workers' Compensation Concept Already

Outcome Based Medicine Being Adopted by NYC
The idea of compensation medical providers for the end result, or benefits of medical care provided, is not a new concept as it is already embraced theoretically by the workers' compensation system. Employers, who usually control the delivery of medical benenfits, not only pay for medical benenfits, but also compensate the injured worker for the outcome through permanent disability awards.

In actuality the workets' compensation system rewards the employer for the most favorable outcomes by theoretically awarding lower permanent disabillity benenfits to those with the most favorable outcomes.
Adopting this concept to the nation's entire medical care system, is a wise step and one that is being advanced in the New York City Hospital system.

"In a bold experiment in performance pay, complaints from patients at New York City’s public hospitals and other measures of their care — like how long before they are discharged and how they fare afterward — will be reflected in doctors’ paychecks under a plan being negotiated by the physicians and their hospitals."

Click here to read New York Ties Doctors’ Pay to Quality of Care (NY Times)
Nov 09, 2012
On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases. They validated, as did the Supreme Court, the ...
Jan 10, 2013
Soaring medical costs have afflicted the workers' compensation industry with economic distress and have severely impacted the efficient and effective delivery of medical care to injured workers. Both increased costs/profits ...
Nov 16, 2012
Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the standard of care for the treatment of injured workers with carpal tunnel syndrome;; Modify current MTGs to include new maintenance ...
Jan 01, 2013
Medical costs continue to be shifted to other programs including employer based medical care systems and the Federal safety net of Medicare, Medicaid, Veterans Administration and Tricare. While a trend continues to ...

Friday, January 11, 2013

Florida's Pace is Impressive

David Langham is the Deputy Chief Judge of Compensation Claims for the Florida
Florida's statistical report for case disposition of workers’ compensation claims is very impressive.

" In 2006, the Florida OJCC averaged 485 days between the filing of a petition and the beginning of trial. In 2012, the average was 166 days. In 2006, the Florida OJCC averaged 212 days between petition filing and the first mediation. In 2012, that average was just 88 days. Along the way, the OJCC leveraged technology, brought innovation to the attorneys and other interested parties, and deployed multiple processes that enhanced transparency and therefore efficiency." 

The data was reported by David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings.

To really be impressed, click here to read the Annual Report of the Office of Judges of Compensation 2012.Not only were the statistics demonstrating movement faster than a bullet train, but the transparency of information was stellar.