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Showing posts with label Congress. Show all posts
Showing posts with label Congress. Show all posts

Sunday, March 8, 2020

Emergency Federal Coronavirus Funding - Better late than never

The recently enacted emergency coronavirus Federal funding legislation will offer some support to ease the burden of the epidemic on the workers’ compensation benefit system. Since the containment phase has been hampered by the lack of valid test kits, the US is now entering the mitigation phase. The additional resources to treat and eliminate the credible COVID-19 virus epidemic will prove beneficial.

Saturday, June 25, 2016

The Social Security Financial Report: An Insight Into the Future

Change is coming to the Social Security Disability program based upon the The 2016 Trustees Report that was published this week. It projects that the future finances of the Social Security Disability Trust Fund will require additional funding to remain solvent.

Wednesday, January 7, 2015

GOP Majority’s Agenda Includes Fast Action On Health Law Issues

Today's post was shared by Kaiser Health News and comes from kaiserhealthnews.org

News outlets report that Mitch McConnell, R-Ky., the Senate's new majority leader, plans to take action to undo some parts of the health law, but he acknowledges that a full repeal is unlikely. Also, some reports examine goals of other Republican congressional leaders
The Washington Post: New Senate Majority Leader’s Main Goal For GOP: Don’t Be Scary
Mitch McConnell has an unusual admonition for the new Republican majority as it takes over the Senate this week: Don’t be “scary.” The incoming Senate majority leader has set a political goal for the next two years of overseeing a functioning, reasonable majority on Capitol Hill that scores some measured conservative wins, particularly against environmental regulations, but probably not big victories such as a full repeal of the health-care law. McConnell’s priority is to set the stage for a potential GOP presidential victory in 2016. (Kane, 1/4)
The Associated Press: New GOP Senate Chairmen Aim To Undo Obama Policies
Republican senators poised to lead major committees when the GOP takes charge are intent on pushing back many of President Barack Obama's policies, ... Tennessee's Lamar Alexander, 74, is a former education secretary under President George H.W. Bush, governor and president of the University of Tennessee. … He's called the health care law a "historic mistake" and supports repealing it. He's also said modernizing the National Institutes of Health and Food and...
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Wednesday, July 30, 2014

House Passes Wasserman Schultz Longshore Harbor Workers' Compensation Clarification Act: Protecting Jobs and Keeping Workers Covered

Washington, D.C.– The Longshore Harbor Workers’ Compensation Clarification Act, introduced by Rep. Debbie Wasserman Schultz (FL-23), and passed by the House of Representatives today, reinstated congressional intent to ensure that workers in the recreational marine repair industry have adequate workers’ compensation coverage. This legislation provides a more clear definition of a recreational vessel which allows small businesses in the marine repair industry to forgo duplicative insurance policies while ensuring these small businesses, 95% of which have fewer than 10 employees, can adequately protect their employees without incurring exorbitant costs. 
In 2009, Congress passed Section 803 of the American Recovery and Reinvestment Act, which expanded an existing exception that allowed more recreational marine repair workers to receive workers’ compensation coverage under state law rather than under the Longshore Harbor Workers Compensation Act. This was necessary because repair workers were simply not buying the more expensive longshore policies and were thus left uncovered. Unfortunately, new regulations were issued in 2011 that adopted a definition of a recreational vessel that was far more complicated and onerous than the existing law. In doing so, this new regulatory definition ran counter to what Congress intended.
The Longshore Harbor Workers’ Compensation Clarification Act establishes a workable definition for a recreational...
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Thursday, July 17, 2014

National Prevention Council Annual Status Reports

Today's post was shared by US Labor Department and comes from www.surgeongeneral.gov

Every year, the Council submits a report describing national progress in meeting specific prevention, health promotion, and public health goals defined in the National Prevention Strategy to the President and the relevant committees of Congress.

National Prevention Council’s 2014 Annual Status Report

The National Prevention Council’s 2014 Annual Status Report illustrates how Council departments are working across the federal government to incorporate health in diverse sectors like housing, transportation, and education to advance the Strategy and influence the health of individuals, families, and communities. In addition, the report highlights how partners across the country are advancing the National Prevention Strategy in organizations ranging from health care systems to workforce agencies and national foundations to local non-profits. 
Read the National Prevention Council 2014 Annual Status Report (PDF - 4.8 MB)
The above file is currently undergoing remediation for compliance with Section 508. The remediation will be complete by July 31, 2014. In the interim, should you need accessibility assistance with the file, please contact the Office of the Surgeon General at Surgeon.General@hhs.gov.

Previous Annual Status Reports

Read the National Prevention Council 2012 Annual Status Report  (PDF - 490 KB)
Read the National Prevention Council 2011 Annual...
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Tuesday, December 3, 2013

If the minimum wage tracked inflation, it would be $4.07 per hour.

Today's post was shared by Steven Greenhouse and comes from online.wsj.com

Speaking at the White House on June 25, Vice President Joe Biden claimed that a higher federal minimum wage was practical and long overdue. "Just pay me [for] minimum wage what you paid folks in 1968," Mr. Biden said, echoing the argument numerous labor unions, left-wing think tanks and activist groups have made.
The logic goes something like this: Had the minimum wage tracked inflation since 1968, it would today be over $10 an hour, so Congress should seek to bring it up to at least that amount. There are two problems with this logic. First, it is inconsistent with other Labor Department inflation data. And second, it presumes that entry-level employees can't get a raise unless the government gives them one.
The federal minimum wage was first set in 1938 at 25 cents an hour. Had it tracked the cost of living since, it would today be $4.07 an hour, based on Labor Department data and the Bureau of Labor Statistics' inflation calculator. This is the only logically consistent "historic" value of the minimum wage, and it's 44% less than the current amount of $7.25.
Advocates of a higher minimum wage arbitrarily selected 1968 as the historical reference point. It's no wonder: That's when federal minimum wage hit its inflation-adjusted high point.
How about picking other arbitrary years to track the minimum wage and inflation? If you used 1948 instead of 1968, the minimum wage's inflation-adjusted value would only be $3.81 an hour. If you chose 1988, the adjusted minimum wage would...
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Tuesday, November 19, 2013

Extension of Benefits for Jobless Is Set to End

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

WASHINGTON — Unless Congress acts, during the last week of December an estimated 1.3 million people will lose access to an emergency program providing them with additional weeks of jobless benefits. A further 850,000 will be denied benefits in the first quarter of 2014.
Congressional Democrats and the White House, pointing to the sluggish recovery and the still-high jobless rate, are pushing once again to extend the period covered by the unemployment insurance program. But with Congress still far from a budget deal and still struggling to find alternatives to the $1 trillion in long-term cuts known as sequestration, lawmakers say the chances of an extension before Congress adjourns in two weeks are slim.
As a result, one of the largest stimulus measures passed during the recession is likely to come to an end, and jobless workers in many states are likely to receive considerably fewer weeks of benefits.
In all, as many as 4.8 million people could be affected by expiring unemployment benefits through 2014, estimated Gene Sperling, President Obama’s top economic adviser.
Historically, there has not been a time where the unemployment rate has been this high where you have not extended it,” Mr. Sperling said in an interview. “Why would you not extend now, when you’re dealing with the nearly unprecedented levels of long-term unemployment coming off such a historic recession? This would be the wrong time to do it.”
Democrats are pushing...
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Wednesday, November 6, 2013

Take Action: Tell Congress to Protect Veterans & Cancer Victims

Today's post is hared from takejusticback.org
This Thanksgiving, Big Asbestos really has something to be thankful for: the U.S. House of Representatives is voting on H.R. 982, a bill, which if enacted, would violate asbestos victims’ privacy and allow Big Asbestos to delay and deny justice until asbestos victims die.

Asbestos diseases is one of the longest-running public health epidemics in the world. Asbestos is still legal in the United States and kills more than 10,000 Americans every year. Veterans have been disproportionately impacted by asbestos and will be disproportionately harmed by H.R. 982. While veterans represent 8% of the nation's population, they comprise an astonishing 30% of all known mesothelioma deaths that have occurred in this country. Mesothelioma is horrific asbestos disease for which there is no cure.

Asbestos was known to be deadly by the 1930s. Yet, Big Asbestos corporate executives callously covered up this fact for decades, exposed millions of Americans to this deadly substance and put their health at risk.

Congress should focus on keeping Americans safe from deadly products, not protecting corporations that deliberately put workers and consumers in danger. Tell your representative to vote NO on H.R.982!

[Click here to see the original post]



Related articles 
That time Big Tobacco sold asbestos as the "Greatest Health Protection in Cigarette History" (workers-compensation.blogspot.com)
Government Shutdown: Day 9 - Government shutdown hitting veterans, military families hard (workers-compensation.blogspot.com)
Asbestos victims speak out (workers-compensation.blogspot.com)
Lung Cancer Screening Decision Tool (workers-compensation.blogspot.com)
AAJ Responds To WSJ Report About Rising Asbestos Claims (workers-compensation.blogspot.com)
Stay Sun Alert - Subscribe to UV Alert (workers-compensation.blogspot.com)


Thursday, October 24, 2013

Why The Republicans Should Not Cut Food Stamps

Facts about food stamps. Click on this image to see it full size.
Today's post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

I write about a debate now occurring in Congress in which the GOP is threatening millions of American families, including 200,000 Iowa households.  The debate is over food stamps, now known as the Supplemental Nutrition Assistance Program (“SNAP”).

To understand the problem, we need only review the survey-report issued by the Department of Agriculture on September 4.  (Alisha Coleman-JensenMark Nord, Anita Singh, “Household Food Security in the United States in 2012”).  The report shows that nearly 49 million Americans lived in “food insecure” households last year.  This means family members lack consistent access to adequate food throughout the year.  In short, 49 million Americans (over 16 times the Iowa population) went hungry for long periods in 2012.  Worse, children were found to be hungry in 10% of all U.S. families with children.  The agency found that hunger rates since the 2007 recession are much higher than before.

Wednesday, October 9, 2013

Government Shutdown: Day 9 - Government shutdown hitting veterans, military families hard

Workers' Compensation systems are generally integrated with Federal benefit systems, either/or for medical treatment or indemnity payments. Military disabilities are usually considered pre-existing disabilities in calculation of award estimates. Without a fully functioning VA benefit system, veterans are unable to obtain the complete benefits that they are entitled to received. Today's post is shared from cbs.org.

The government shutdown, now in its ninth day, has impacted government services and the Americans who rely on them to varying degrees. This week, members of Congress are wincing at the toll their dysfunction is taking on services for veterans and military families.
If the shutdown doesn't end soon, the Veterans Affairs (VA) Department won't be able to ensure that checks go out on Nov. 1 for 5.18 million beneficiaries, Veterans Affairs Secretary Eric Shinseki told House Veterans' Affairs Committee. That amounts to $6.25 billion in payments that VA beneficiaries are expecting.
Already the VA has furloughed more than 7,800 employees, Shinseki, half of whom are veterans. While the VA has in the last six months made progress on reducing its disability claims backlog, the shutdown has reversed that progress, with the number of backlogged claims increasing by 2,000 since Oct. 1.
"We've lost ground we fought hard to take," said Shinseki, who at multiple points in his testimony to Congress used military analogies to explain the challenges his department is facing.
The Republican-led House last week passed a bill to exempt the VA from the shutdown, but the Democratic-led Senate has rejected the House's piecemeal approach to restoring federal funding. Additionally, Rep. Jeff Miller, R-Fla., noted in Wednesday's hearing that the House back in June approved a VA funding bill.
Shinseki, however, noted that restoring funding for just the VA won't necessarily help clear...
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Thursday, October 3, 2013

Government Shutdown

Todays' post is from USA.gov and it reflects the impact of the shutdown on workers' compensation programs, both directly and indirectly, throughout the nation.

Below, find an overview of some of the government services and operations that will be impacted until Congress passes a budget to fund them again. For detailed information about specific activities at Federal agencies, please see federal government contingency plans.
  • Vital services that ensure seniors and young children have access to healthy food and meals may not have sufficient Federal funds to serve all beneficiaries in an extended lapse.
  • Call centers, hotlines and regional offices that help veterans understand their benefits will close to the public.
  • Veterans’ compensation, pension, education, and other benefits could be cut off in the case of an extended  shutdown.
  • Every one of America’s national parks and monuments, from Yosemite to the Smithsonian to the Statue of Liberty, will be immediately closed.
  • New applications for small business loans and loan guarantees will be immediately halted.
  • Research into life-threatening diseases and other areas will stop, and new patients won’t be accepted into clinical  trials at the National Institutes of Health.
  • Work to protect consumers, ranging from child product safety to financial security to the safety of hazardous waste facilities, will cease. The EPA will halt non-essential inspections of chemical facilities and drinking water systems.
  • Permits and reviews for planned energy and transportations projects will stop, preventing companies from working on these projects. Loans to rural communities will...
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Monday, June 17, 2013

Proposed Medicare Payment Reductions Will Impact Workers' Compensation Costs

A government Medicare advisory panel reported on Friday that sweeping changes should be implemented to reduce increasing medical costs, including higher costs associated with hospital purchased physician practices. The impact of those proposed adjustments will significantly impact the national workers' compensation systems because of both direct and indirect links between the two programs, including medical fee schedules, and Medicare Secondary Payment reimbursements.


The Medicare Payment Advisory Commission (MedPAC)  releases its June 2013 Report to the Congress: 
Medicare and the Health Care Delivery System.

According to Commission Chair Glenn Hackbarth, “This report can inform a dialogue about future 
directions for the Medicare program, as well as about technical refinements to existing Medicare 
payment policy. Whether broad or narrow, the Commission’s work aims to balance the interests of 
Medicare beneficiaries, health care providers, and tax payers.”

Redesigning the Medicare benefit. In the report, the Commission continues its discussion of 
possible ways to redesign the Medicare benefit by focusing on the concept we refer to as competitively
determined plan contributions (CPC). Under CPC, Medicare beneficiaries could receive care through
either a private plan or traditional fee-for-service (FFS), but the premium paid by the beneficiary might
vary depending on the coverage option they choose. How much the federal government pays for a 
beneficiary’s care would be determined through a competitive process comparing the costs of available 
options for coverage. The report identifies key issues to be addressed if the Congress wishes to pursue a 
policy option like CPC. These include how benefits could be standardized for comparability, how to 
calculate the Medicare contribution, the role FFS, and the structure of subsidies for low-income 
beneficiaries.

Reducing Medicare payment differences across sites of care. Medicare’s payment rates often 
vary for similar services provided to similar patients, simply because they are provided in different sites of 
care. For example, Medicare pays 141 percent more for one type of echocardiogram when done in a
hospital outpatient department than when it is done in a freestanding physician’s office. If Medicare pays a 
higher rate for a service in one setting over another, program spending increases and beneficiaries pay 
more in cost sharing without a corresponding increase in quality of care. 

The Commission previously recommended reducing the rate Medicare pays for basic office visits from the 
payment rate in the outpatient setting to the physician office rate. Using similar criteria, this report identifies
additional services that may be eligible for equalizing or narrowing payment differences across settings. 
Bundling post-acute care services. Each year, about one-quarter of Medicare beneficiaries receive 
care following a hospitalization from a post-acute care provider, such as a skilled nursing facility, home 
health agency, or inpatient rehabilitation facility. However, nationwide the use of these services varies 
widely, for reasons not explained by differences in beneficiaries’ health status. Under traditional 
Medicare, the program pays widely varying rates for different settings and—characteristic of FFS—pays 
based on the volume of care provided, without regard to quality or resource use. 

Medicare has begun to explore the possibility of bundling services as a way to encourage providers to 
coordinate and furnish needed care more efficiently. In this report, the Commission explores the 
implications for quality and program spending for different design features of the bundles, such as the 
services included, the length of time covered by the bundle, and the method of payment.

Reducing hospital readmissions. In 2008, the Commission recommended a hospital readmissions 
reduction program to improve patient experience and reduce Medicare spending. In 2012, Medicare 
began such a program, penalizing hospitals that have high rates of Medicare beneficiaries being 
readmitted to the hospital within 30 days of discharge. The readmission penalty has given hospitals a 
strong incentive to improve care coordination across providers, and for that reason Medicare should 
continue to implement the policy. In this report, the Commission suggests further refinements to 
improve incentives for hospitals and generate program savings through reduced readmissions rather than 
higher penalties. 

Payments for hospice services. The Medicare hospice benefit provides beneficiaries an important 
option for end-of-life care. At the same time, the Commission has identified several problems in the way 
Medicare pays for hospices that may lead to inappropriate use of the benefit. The report presents 
information on the prevalence of long-stay patients and the use of hospice services among nursing home 
patients—both of which may inform policy development in the hospice payment system in the future. It 
also presents further evidence to support the Commission’s March 2009 recommendations to revise the 
hospice payment system.

Improving care for dual-eligible beneficiaries. Beneficiaries eligible for both Medicare and 
Medicaid—many of whom have complex medical and social needs—often have trouble accessing 
services and receive little care coordination, resulting in poorer health outcomes and higher spending 
relative to other beneficiaries. Programs that coordinate dual-eligible beneficiaries’ Medicare and 
Medicaid benefits have the potential to improve care for this population. In the report, the Commission 
notes that federally qualified health centers and community health centers may be uniquely positioned to 
coordinate care for dual-eligible beneficiaries because they provide primary care, behavioral health
services, and care management services, often at the same clinic site.

Mandated reports. The report includes three chapters that fulfill Congressional mandates: one on 
Medicare ambulance add-on payments, a second on geographic adjustment of fee schedule payments for 
the work effort of physicians and other health professionals, and a third on Medicare payment for 
outpatient therapy services. In each case, the Commission considers the existing policies—which are not 
permanent statutory provisions—and examines the effect of their continuation or termination on 
program spending, beneficiaries’ access to care, and the quality of care beneficiaries receive, as well as 
their potential to advance payment reform. 

The three congressionally mandated reports are described in further detail in separate fact sheets, posted 
on MedPAC’s website. The full report can be downloaded from MedPAC’s website:
http://medpac.gov/documents/Jun13_EntireReport.pdf

Read more about Medicare and Workers' Compensation
May 18, 2013
A NJ Superior Court deemed a proposed Medicare Set-Aside Agreement to be satisfactory to protect Medicare's interests and granted a Motion to Enforce a Pending Settlement. This action by the Court was taken after CMS ...
Mar 29, 2013
A new Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide has been posted and is available to be downloaded on the CMS (Centers for Medicare & Medicad Services) website.
Jan 11, 2013
"The legislation changes the way Medicare collects money from people whose negligence caused a patient to incur medical bills. Murphy said the new law will streamline an outdated process, making it easier to close cases ...

Friday, May 17, 2013

Obamacare Will Be Collecting Workers' Compensation Medical Records

The implementation of Affordable Care Act data collection regulations will include the collection of medical information concerning work related accidents and injuries.  The coalition of this information will broadly advance the concept of universal medical care and impose yet another route for the Centers for Medicare and Medicare to strengthen enforcement under the Medicare Secondary Payer Act.

The largest and most expansive database of personalized medical information is being established under the umbrella of an newly created unit under the authority granted to the Internal Revenue Service, The Federal Data Services Hub. Personal medical records, including electronic medical records, will be incorporated into the program. 

"On March 23, 2010, the President signed into law the Patient Protection and Affordable Care Act 
(P.L. 111-148). On March 30, 2010, the Health Care and Education Reconciliation Act of 2010 
(P.L. 111-152) was signed into law. The two laws are collectively referred to as the Affordable 
Care Act. The Affordable Care Act creates new competitive private health insurance markets –
called Exchanges – that will give millions of Americans and small businesses access to 
affordable coverage and the same insurance choices members of Congress will have. Exchanges 
will help individuals and small employers shop for, select, and enroll in high quality, affordable 
private health plans that fit their needs at competitive prices. The IT systems will support a 
simple and seamless identification of people who qualify for coverage through the Exchange, tax 
credits, cost-sharing reductions, Medicaid, and CHIP programs. By providing a place for onestop shopping, Exchanges will make purchasing health insurance easier and more understandable 
and will put greater control and more choice in the hands of individuals and small businesses."

Read more about "Federalization" and workers' compensation:

Tuesday, March 12, 2013

Proposed Asbestos Legislation Called "A Subterfuge" to Alter the Civil Justice System


H.R. 982, the “Furthering Asbestos Claim Transparency (FACT) Act of 2013.


"Asbestos defendants and insurance companies, under the guise of creating increased 
“transparency,” are introducing proposed legislation in state legislatures to grant solvent asbestos  defendants new rights and advantages to be used against asbestos victims in court. Some of these  bills would also burden the asbestos trusts with unnecessary reporting requirements, slowing  their ability to pay claims, and further draining them of the resources needed to make their  already diminished payments. In general, the bills are an attempt to change the rules of the tort system to provide defendants with an advantage, using the existence of the trusts and claims of a lack of “transparency” as a subterfuge."

Elihu Inselbuch, Member, Caplin & Drysdale, Chartered, Testimony, Hearing: March 13, 2013
H.R. 982, the “Furthering Asbestos Claim Transparency (FACT) Act of 2013”
COMMITTEE ON THE JUDICIARY SUBCOMMITTEE ON REGULATORY REFORM, COMMERCIAL AND ANTITRUST LAW

Thursday, February 14, 2013

Obama to Increase Workers' Compensation Benefits

President Obama announced a plan this week that will increase benefits paid to injured workers though workers' compensation insurance. Obama intends to increase the minimum wage from $7.25 to $9.00 per hour and "index" future increases.

The majority the nation's patchwork of workers' compensation systems are based on a payment scheme linked to wages. The State Average Weekly Wage (SAAW) establishes the foundation upon which temporary disability and permanent disability payments are determined. As wages increase so will benefits.

President Barack Obama
Delivering The State of The Union
White House Photo: Chuck Kennedy
A White House spokesperson announced that, "The President’s plan strengthens the middle class by making America a magnet for jobs, equipping every American with the skills they need to do those jobs, and ensuring hard work leads to a decent living."

"The President believes that no one who works fulltime should have to raise their family in poverty. But right now, a full-time minimum wage worker makes $14,500 a year – which leaves
too many families struggling to make ends meet, with a family of four with a minimum wage worker still living below the poverty line. That’s why the President is calling on Congress to raise the Federal minimum wage for working Americans in stages to $9 in 2015 and index it to inflation thereafter."

Related articles

Sunday, September 19, 2010

National Mesothelioma Awareness Day September 26

A "National Mesothelioma  Awareness Day" will be commemorated on September 26, 2010. Nearly 3,000 individuals are afflicted yearly with this fatal disease associated with exposure to asbestos fiber. 

Last year, Senator Patty Murray (D-WA) introduced Senate Resolution 288 to commemorate September 26th as "National Mesothelioma  Awareness Day. " A similar resolution is now pending in the US House of Representatives. It was referred to the House Committee on Oversight and Government Reform. 



  • Whereas mesothelioma is a terminal cancer related to exposure to asbestos that affects the lining of the lungs, abdomen, heart, or testicles;
  • Whereas workers who are exposed to asbestos on a daily basis over a long period of time are most at risk, but even short-term exposures to asbestos can cause the disease;
  • Whereas exposure to asbestos for as little as 1 month can cause mesothelioma 20 to 50 years later;
  • Whereas asbestos was used in the construction of virtually all office buildings, public schools, and homes built before 1975, and more than 3,000 products sold in the United States contain asbestos;
  • Whereas there is no known safe level of exposure to asbestos;
  • Whereas millions of workers in the United States have been, and continue to be, exposed to dangerous levels of asbestos;
  • Whereas the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;
  • Whereas the National Cancer Institute recognizes a clear need for new treatments to improve the outlook for patients with mesothelioma and other asbestos-related diseases;
  • Whereas the need to develop treatments for mesothelioma was overlooked for decades;
  • Whereas even the best available treatments for mesothelioma typically have only a very limited effect, and a person diagnosed with mesothelioma is expected to survive between 8 and 14 months;
  • Whereas mesothelioma has claimed the lives of such heroes and public servants as Admiral Elmo Zumwalt, Jr., and Congressman Bruce F. Vento;
  • Whereas many mesothelioma victims were exposed to asbestos while serving in the Navy;
  • Whereas it is believed that many of the firefighters, police officers, and rescue workers who served at Ground Zero on September 11, 2001, may be at increased risk of contracting mesothelioma in the future; and
  • Whereas cities and localities throughout the United States will recognize September 26, 2009, as `Mesothelioma Awareness Day'
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 asbestos related disease.