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.
Wednesday, April 27, 2016
Friday, April 22, 2016
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).
Thursday, April 21, 2016
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.
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.
Tuesday, April 19, 2016
$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."
Monday, April 18, 2016
Creating a Competitive Economy: The Verizon Strike
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| President Barack ObamaPhoto credit: Wikipedia |
On Friday President Obama issued an Executive Order to increase competition in the markets including healthcare and broadband. Most obviously directed to the issues raised by the Verizon strike over low wages, monopolistic activity, stifling technological
Friday, April 15, 2016
The Security of Metadata in Workers' Compensation Claims
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| Metadata Ethics Opinions Around the U.S. Source: aba.org |
Confidentiality is a crucial element in workers' compensation matters and the removal of metadata in electronically transmitted documents are a critical factor in the process of maintaining the level of security embraced by the system. Metadata is all hidden data in a PDF file, including text, metadata, annotations, form fields, attachments, and bookmarks.
Wednesday, April 13, 2016
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Friday, April 8, 2016
National Asbestos Awareness Week - US Surgeon General
U.S. Surgeon General Dr. Vivek H. Murthy on National Asbestos Awareness Week
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| Dr. Vivek Murthy US Surgeon General |
National Asbestos Awareness Week is April 1-7 – a good time to remind Americans about the health dangers of asbestos exposure. Asbestos, a natural mineral fiber that is found in rock and soil, was widely used as insulation and fireproofing material in homes, commercial buildings, ships and other products, such as paints and car brakes. In recent years, asbestos use has decreased dramatically after it was linked to illnesses, including lung cancer, mesothelioma, and asbestosis.
The Difficult Task of the Florida Supreme Court
The Florida Supreme has before it a constitutional challenge once again concerning workers’ compensation. The scope of the controversy remains undefined and the ultimate impact equally uncertain. I have found over the years that one cannot predict the outcome of a case by merely watching an oral argument.
NJ: The Lead Paint Poisoning Crisis Continues
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| Lead Paint (Photo credit: Wikipedia) |
Lead paint for decades has been a problem in New Jersey decaying housing for decades. The consequences have been the lead poisoning of children. Children are particularly vulnerable to the health hazard that results in neurological disorders. Recent attention is again focussed on the issue. Today's post is shared from northjersey.com.
"The state will nearly double its spending to $22 million on lead safety programs for children this year, Governor Christie said Tuesday, amid sustained calls for attention and money to an issue that has for years been largely hidden from public view.
Tuesday, April 5, 2016
FL Supreme Court: Watch Oral Argument on Constitutionality of Workers' Compensation
Mr. Stahl, a nurse who was injured while working at Hialeah Hospital, filed a claim for benefits under Florida’s workers’ compensation law but was denied the benefits he believed were appropriate. He challenged the constitutionality of the law, pointing to its failure to provide benefits for workers who are permanently and partially disabled from on-the-job injuries. The First District Court of Appeal upheld the constitutionality of the workers’ comp law and this appeal followed.
Sunday, April 3, 2016
Consequences of Increasing the Minimum Wage
The national wave toward raising the statutory minimum wage to $15.00/hour is going to have major consequences for the ailing national network of workers' compensation programs. Not only is it going to increase benefits for injured workers that are calculated on wages, but it is also going increase much needed premium dollars for insurance companies whose premiums are based on payroll costs.
Asbestos Related Deaths in NJ Continue at Record Rates
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| Source: EWG Fund asbestosnation.org/ |
Read more about "mesothelioma" and workers' compensation:
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Feb 9, 2016 ... A recent study indicates that a new physician staging processes by weight and volume of mesothelioma tumors may be helpful in predicting ...
workers-compensation.blogspot.com
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6 days ago ... Fibro Clay, and its causal relationship to mesothelioma, has been ... Malignantmesothelioma cases among primary school teachers are usually ...
workers-compensation.blogspot.com
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Jul 20, 2012 ... An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has ...
workers-compensation.blogspot.com
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Jun 29, 2012 ... Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only ...
workers-compensation.blogspot.com
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Saturday, April 2, 2016
Is Social Insurance in Our Nation's Future?
The changing economy presents both new concepts and new challenges. Over 60% of today's
children will be employed in jobs that don't even exist now. An interesting article explores whether social insurance, of which workers' compensation is a part, will even exist the future.
Friday, April 1, 2016
NJ Supreme Court to Review An Increase of Partial Disability Award in Total Disability Claim
One of the basic tenants of workers' compensation is that awards maybe reviewed and modified where the medical status has changed.1 The NJ Supreme Court on March 14, 2016 granted Certification to review a favorable Appellate Court ruling that permitted a totally and permanently disabled injured worker to receive an increase of a prior (2006 injury) partial disability award, even though the worker had been declared to be totally and permanently disability from a subsequent (2008 injury) injury.
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