US Workers Continue to be Exposed to Asbestos

Asbestos Insulation

Asbestos is not banned in the US and continues to be a cause of deadly disease to workers. Asbestos, a deadly substance that causes a range of fatal diseases from asbestosis to malignancies including lung cancer and mesothelioma. Today the Detroit Free Press enlightens its readers to the asbestos problems that Michigan workers face daily. Those problems continued to be mirrored in all the states and is a national issue.

Privacy: Court Mandates Protective Order for Workers' Compensation Discovery

Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.

Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.

Fatal Occupational Injuries - 2014

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22 million U.S. workers are exposed to hazardous occupational noise

The Centers for Disease Control and Prevention (CDC) released new data regarding injuries, deaths, and illness faced by millions every year in the workplace. This week’s Morbidity and Mortality Weekly Report (MMWR) issue is devoted to occupational health concerns, in acknowledgment of Workers Memorial Day (April 28th).

Illegal and Excessive PACER Fees Subject of Class Action

Alliance for Justice, along with the National Veterans Legal Services Program and the National Consumer Law Center, has today filed a class action lawsuit in federal court accusing the Administrative Office of the U.S. Courts of illegally charging excessive fees to access court records through its online Public Access to Court Electronic Records system (PACER).

Florida Appeallate Court Rules Attorney Fee Statute Unconstitutional

The Florida First District Court of Appeals has held counsel fee provisions in the Workers' Compensation Act to be unconstitutional, ,"We hold that the challenged provisions violate Claimant’s First Amendment guarantees of free speech, freedom of association, and right to petition for redress." Miles v City of Edgewater, Decided April 20, 2016, setting the stage for review by the Florida Supreme Court.

Today's guest post is authored by the Hon. David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings and is shared from http://flojcc.blogspot.com. 

$1 Billion Settlement Affirmed - NFL Retired Players Concussion Class Action

"It is the nature of a settlement that some will be dissatisfied with the ultimate result. Our case is no different, and we do not doubt that objectors are well-intentioned in making thoughtful arguments against certification of the class and approval of this settlement. They aim to ensure that the claims of retired players are not given up in exchange for anything less than a generous settlement agreement negotiated by very able representatives. But they risk making the perfect the enemy of the good. This settlement will provide nearly $1 billion in value to the class of retired players. It is a testament to the players, researchers, and advocates who have worked to expose the true human costs of a sport so many love. Though not perfect, it is fair."