Showing posts with label Legal Information. Show all posts
Showing posts with label Legal Information. Show all posts
Saturday, February 26, 2011
Montana Targets Workers Compensation to Reduce Deficit Spending
The State of Montana has targeted its workers' compensation program in an effort to reduce its deficit spending. Montana has the some of the largest premium costs in the nation and the state ranks 47th in take home pay. Legislation now pending will reduce workers' compensation premiums by 45% allegedly.
Using the Forbidden Words-Texas Workers Compensation
The Texas Workers Compensation Agency has sent a cease-and-desist letter to to the author of the Texas Workers Compensation Law Blog requesting that he stop using the term(s), "Texas Workers Compensation" in his blog. The Lubbock, Texas workers compensation lawyer has filed a lawsuit in federal court alleging violation of his First Amendment rights have been violated.
The Texas Labor Code s 419.002 prohibits “any impersonation, advertisement, solicitation, business name, business activity, document, product or service.” The Texas blog author, who has sought declaratory relief, has alleged that the statute is overly broad and violates his Right to Free Speech. The blogger is certified in Workers' Compensation Law from the Texas Board of Legal Specialization.
The Texas Labor Code s 419.002 prohibits “any impersonation, advertisement, solicitation, business name, business activity, document, product or service.” The Texas blog author, who has sought declaratory relief, has alleged that the statute is overly broad and violates his Right to Free Speech. The blogger is certified in Workers' Compensation Law from the Texas Board of Legal Specialization.
Tuesday, February 8, 2011
Facebook Becomes a Questionable Friend of Workers Compensation
Social networking’s popularity has become a two-edged sword as a tool in the management, investigation, and disposition of workers’ compensation claims. Over the last several years there has been an exponential explosion in the use of this technology on the Internet. The challenge to properly access and effectively utilize the electronically stored information [ESI] is resulting in procedural and ethical ramifications for the workers’ compensation community.Complete article appears as a guest blog on: PropertyCasualty360
Monday, November 22, 2010
Iowa Workers' Compensation Commissioner Tells Congress AMA Guides Are Objectionable
The Commissioner of the Iowa Division of Workers' Compensation, Christopher James Godfrey, recently testified before Congress that AMA Guides 6 Ed. were problematic. The Commissioner cited the 2008 Iowa Task Force report that found multiple errors and cultural bais in the AMA Guides.
An additional objection made was that the Guides were in conflict with both Iowa statutory and case law. The Commissioner stated, "With all due respect to Dr. Brigham, the Iowa Workers’ Compensation system will evolve and improve when it is decided by the citizens of Iowa that it will evolve and improve. The system will not evolve at the whim or business opportunity of either one physician, one medical association, or a small consensus of the two."
An additional objection made was that the Guides were in conflict with both Iowa statutory and case law. The Commissioner stated, "With all due respect to Dr. Brigham, the Iowa Workers’ Compensation system will evolve and improve when it is decided by the citizens of Iowa that it will evolve and improve. The system will not evolve at the whim or business opportunity of either one physician, one medical association, or a small consensus of the two."
Thursday, November 18, 2010
Dean Emily Spieler Requests Congress to Review The Workers' Compensation Disability Rating System
In recent testimony before the Subcommittee on Workforce Protections Committee on Education and Labor U.S. House of Representatives, Emily A. Spieler, Dean of the Northeastern University Law School, requested further investigation to develop a new rating system for workers compensation claims.Dean Spieler reviewed current difficulties with the current AMA Guides 6th ed. She stated, "I urge that you ask the National Academies of Science / Institute of Medicine to conduct a review. This review should include recommendations regarding the best way to develop a new system for rating workers’ injuries as measured by the impact of those injuries and diseases on the extent of permanent impairments, limitations in the activities of daily living, work disability and nonwork disability (or noneconomic losses)."
Click here for complete testimony.
Tuesday, November 16, 2010
CMS Extends Interim Dollar Reporting Threshold Date
II. Extension of Current Dollar Thresholds for Liability Insurance
(Including Self-Insurance) and Workers’ Compensation
The interim dollar reporting thresholds set forth in Section 11.4 of version 3.1 of the MMSEA 111 Liability Insurance (Including Self-Insurance), No-Fault, and Workers’ Compensation User Guide have all been extended by one calendar year.
Under Section 11.4, “Workers’ Compensation ORM”, the date 12/31/2011 is changed to 12/31/2012.
Under Section 11.4, “Liability Insurance and Workers’ Compensation TPOC Amounts”, the last four bullets are revised to read:
• Claim reports where the last (most recent) TPOC Date is prior to January 1, 2013 with TPOC Amounts totaling $0.00 - $5,000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2013 with a total TPOC amount less than or equal to $5000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2013 through December 31, 2013 with TPOC Amounts totaling $0.00 - $2000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2014 with a total TPOC amount less than or equal to $2000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2014 through December 31, 2014, with TPOC Amounts totaling $0.00 - $600.00 are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2015 with a total TPOC amount less than or equal to $600.00 will be rejected.
• No threshold applies to claims where the last (most recent) TPOC Date is January 1, 2015 and subsequent.
November 09, 2010
Medicare Secondary Payer Mandatory Reporting Provisions in
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007
(See 42 U.S.C. 1395y(b)(7)&(b)(8))
(Including Self-Insurance) and Workers’ Compensation
The interim dollar reporting thresholds set forth in Section 11.4 of version 3.1 of the MMSEA 111 Liability Insurance (Including Self-Insurance), No-Fault, and Workers’ Compensation User Guide have all been extended by one calendar year.
Under Section 11.4, “Workers’ Compensation ORM”, the date 12/31/2011 is changed to 12/31/2012.
Under Section 11.4, “Liability Insurance and Workers’ Compensation TPOC Amounts”, the last four bullets are revised to read:
• Claim reports where the last (most recent) TPOC Date is prior to January 1, 2013 with TPOC Amounts totaling $0.00 - $5,000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2013 with a total TPOC amount less than or equal to $5000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2013 through December 31, 2013 with TPOC Amounts totaling $0.00 - $2000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2014 with a total TPOC amount less than or equal to $2000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2014 through December 31, 2014, with TPOC Amounts totaling $0.00 - $600.00 are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2015 with a total TPOC amount less than or equal to $600.00 will be rejected.
• No threshold applies to claims where the last (most recent) TPOC Date is January 1, 2015 and subsequent.
November 09, 2010
Medicare Secondary Payer Mandatory Reporting Provisions in
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007
(See 42 U.S.C. 1395y(b)(7)&(b)(8))
Wednesday, November 3, 2010
The Election Validates A New Approach to Workers Compensation
The recent election results confirm that a new approach to handling the century old workers' compensation is needed and that some definite trends are developing.
New Jersey: The constitutional amendment to prohibit raiding the Second Injury Fund revenue was passed.
California: Jerry Brown was elected governor and the Republican assault on the state compensation system rejected.
Nevada: Harry Reid was re-elected validating the innovated "Libby Health Care" Plan for medical care for occupational illness and the Federalization of the program and the US Senate's initiative.
New York: Andrew Cuomo was elected governor and revision is likely of the administrative assault on workers' rights.
Nationally, the soaring US deficit, and a State system that continues to fail to deliver health care to occupationally injured workers, will eventually need to be addressed by Congress. The 2008 strong Democratic mandate has not evaporated. The Democrats still control the Senate (51-D v 46-R) and downtown at White House. The newly acquired House Republican majority (234-R v 180-D) is instilled with the chaos of an unsettling newly emerging third party, Tea Party, alliance.
The course ahead still remains promising for enacting a unified and coordinate program to help injured workers obtain medical care for occupational diseases on a timely and effective basis without breaking the bank. The vision of a coordinated epidemiological research program to prevent occupational disease and insure safe working conditions remains hopeful.
.....
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@
Wednesday, October 13, 2010
NJ Denies an Occupational Workers Compensation For Last Exposure Applying Apportionment Rule
A NJ Appellate Court denied an employee workers' compensation benefits by applying an apportionment rule as well as the manifestation of disease doctrine. The employee worked in two states and spend more than 10 times of his working career in Pennsylvania working n a similar job during which time manifestation occurred.
"We do not suggest that there is a mandatory mathematical formula that judges of compensation should apply in calculating the employment exposure of a petitioner as part of Williams's jurisdictional test. Although we might quibble with Judge LaBoy's description of petitioner's exposure as "de minimis," we nevertheless conclude that the sixteen-month exposure was not sufficiently substantial under the totality of the circumstances to constitute injury-conferring jurisdiction in the Division."
McGlinsey v George H. Buchanan Company, Not Reported in A.3d, 2010 WL 3932983 (N.J.Super.A.D.) Decided September 30, 2010
"We do not suggest that there is a mandatory mathematical formula that judges of compensation should apply in calculating the employment exposure of a petitioner as part of Williams's jurisdictional test. Although we might quibble with Judge LaBoy's description of petitioner's exposure as "de minimis," we nevertheless conclude that the sixteen-month exposure was not sufficiently substantial under the totality of the circumstances to constitute injury-conferring jurisdiction in the Division."
McGlinsey v George H. Buchanan Company, Not Reported in A.3d, 2010 WL 3932983 (N.J.Super.A.D.) Decided September 30, 2010
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 work related accident and injuries.
Saturday, October 9, 2010
Class Action Certification Sought in NCCI et al v AIG Premium Case
Class Action certification is being sought in a claim against AIG brought by NCCI Holdings Inc., Liberty Mutual and Travelers Insurance for underreporting of workers ' compensation premiums. See AIG tries to block workers comp competitors' class action.
Friday, October 1, 2010
CMS Has 6 Year Statute of Limitations-Court Dismisses MSP Recovery Claim
A Federal District Court in Alabama has declared that the Centers for Medicare and Medicare Services (CMS) is limited to a 6 year statute of limitations in asserting as recovery / reimbursement claims under the Medicare Secondary Payer Act (MSP).
The case stems from a toxic-tort claim against Monsanto Company alleging harms flowing from the use of PCBs. A global, nationally publicized, settlement was reached in the amount of $300 Million in 2003 involving more than 20,500 people. More than 14 years after the settlement CMS initiated a recovery action under the MSP.
"Because the MSPA is silent as to a deadline for filing a claim for recovery, the parties agree
that the relevant statute of limitations for the Government’s claims, if any, is governed by the Federal Claims Collection Act (“FCCA”). 28 U.S.C. § 2415 (2008); see also In re Dow Corning, 250 B.R. 298, 350-51 (Bktrpcy. E.D. Mich. 2000) (stating the universal recognition of FCCA’s applicability to the Government’s MSPA claims). The parties disagree, however, as to whether the FCAA’s six year or three-year statute of limitations applies."
The Court rejected the Government's "implied-at-law contract theory as applicable to the Corporate Defendants," because "it stretches too far beyond the bounds of logic and reason to adopt absent precedent." The Court held that the claim was based in tort and applied a 3 year statute of limitations and determined that Government had filed its claim against the Corporate Defendants "too late."
As to the Attorney Defendants, the Court held was based on contract law.
"Logic suggests that the Attorney Defendants who represented the tort plaintiffs in the
Abernathy case, the alleged Medicare beneficiaries in the instant case, essentially acted as agents pursuant to the contractual relationship between the Government and the Medicare beneficiaries. More specifically, the Attorney Defendants’ obligation to pay their clients any monies allegedly owed to the Government for Medicare reimbursement, unlike that of the Corporate Defendants, arose not from any tortious conduct on behalf of the Attorney Defendants themselves but from an express contractual relationship with the Medicare beneficiaries—namely, any fee agreement or attorney client agreement between them. From that perspective, the Attorney Defendants’ MSPA obligation is essentially founded upon a contractual obligation."
"For these reasons, the grounds for statute of limitations determination as applied to the
Attorney Defendants is more reasonably founded upon contract rather than tort. The contractual nexus is clearer in this instance than as alleged against the Corporate Defendants, whose MSPA obligations ultimately arose from, and cannot be divorced from, allegations of tortious conduct. The court, therefore, concurs that the six-year statute of limitations applies as to the Attorney Defendants."
The accural of the Government's MSP action was held to be different for the two groups of defendants. As to the Corporate Defendants the action arise no later than the point of execution and court approval of the settlement. As to the Attorney Defendants the cause of action arose when payment was made.
The Court noted the the Government could have intervened in the underlying action but chose not to do so. Perhaps the Government will now seek to intervene in all underlying claims. Additionally the Court rejected a statute tolling argument based a fraudulent concealment.
United States of America v James J. Stricker, et al., CV 09-BE-2423-E (USDCT ND Alabama) Filed September 30, 2010 3:59pm.
The case stems from a toxic-tort claim against Monsanto Company alleging harms flowing from the use of PCBs. A global, nationally publicized, settlement was reached in the amount of $300 Million in 2003 involving more than 20,500 people. More than 14 years after the settlement CMS initiated a recovery action under the MSP.
"Because the MSPA is silent as to a deadline for filing a claim for recovery, the parties agree
that the relevant statute of limitations for the Government’s claims, if any, is governed by the Federal Claims Collection Act (“FCCA”). 28 U.S.C. § 2415 (2008); see also In re Dow Corning, 250 B.R. 298, 350-51 (Bktrpcy. E.D. Mich. 2000) (stating the universal recognition of FCCA’s applicability to the Government’s MSPA claims). The parties disagree, however, as to whether the FCAA’s six year or three-year statute of limitations applies."
The Court rejected the Government's "implied-at-law contract theory as applicable to the Corporate Defendants," because "it stretches too far beyond the bounds of logic and reason to adopt absent precedent." The Court held that the claim was based in tort and applied a 3 year statute of limitations and determined that Government had filed its claim against the Corporate Defendants "too late."
As to the Attorney Defendants, the Court held was based on contract law.
"Logic suggests that the Attorney Defendants who represented the tort plaintiffs in the
Abernathy case, the alleged Medicare beneficiaries in the instant case, essentially acted as agents pursuant to the contractual relationship between the Government and the Medicare beneficiaries. More specifically, the Attorney Defendants’ obligation to pay their clients any monies allegedly owed to the Government for Medicare reimbursement, unlike that of the Corporate Defendants, arose not from any tortious conduct on behalf of the Attorney Defendants themselves but from an express contractual relationship with the Medicare beneficiaries—namely, any fee agreement or attorney client agreement between them. From that perspective, the Attorney Defendants’ MSPA obligation is essentially founded upon a contractual obligation."
"For these reasons, the grounds for statute of limitations determination as applied to the
Attorney Defendants is more reasonably founded upon contract rather than tort. The contractual nexus is clearer in this instance than as alleged against the Corporate Defendants, whose MSPA obligations ultimately arose from, and cannot be divorced from, allegations of tortious conduct. The court, therefore, concurs that the six-year statute of limitations applies as to the Attorney Defendants."
The accural of the Government's MSP action was held to be different for the two groups of defendants. As to the Corporate Defendants the action arise no later than the point of execution and court approval of the settlement. As to the Attorney Defendants the cause of action arose when payment was made.
The Court noted the the Government could have intervened in the underlying action but chose not to do so. Perhaps the Government will now seek to intervene in all underlying claims. Additionally the Court rejected a statute tolling argument based a fraudulent concealment.
United States of America v James J. Stricker, et al., CV 09-BE-2423-E (USDCT ND Alabama) Filed September 30, 2010 3:59pm.
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 work related accident and injuries.
Tuesday, September 28, 2010
Atlantic Mutual Insurance Co Placed into Rehabilitation
The NJ Division of Workers' Compensation has responded to an Order of Rehabilitation of Atlantic Mutual Insurance Company and Centennial Insurance Company entered by the New York Supreme Court entered on September 14, 2010. The NJ Division of Workers' Compensation has directed that 120 active cases now pending are stayed until further notice.
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 work related accident and injuries.
Related articles
- American Mutual Ordered into Liquidation (workers-compesation.blogspot.com)
- Obama Care for All (workers-compensation.blogspot.com)
- Vermont Universal Health Care to Embrace Workers Compensation (workers-compensation.blogspot.com)
- Employer Fraud is Alive and Well (workers-compensation.blogspot.com)
- Washington Workers' Compensation Reform (workers-compensation.blogspot.com)
- Memo from Director/Chief Judge Calderone - NJ DWC (http://lwd.dol.state.nj.us/)
Wednesday, September 15, 2010
Facebook Makes an Appearance in Workers' Compensation Court
In a recently published article, Law School Professor Gregory M. Duhl and attorney Jaclyn S. Millner, focus on the issues of professional responsibility, discovery, privacy and evidence when social networking factors integrate with a workers's compensation proceeding. Since the compensation system is theoretically no-fault and the evidentiary system is informal, the authors theorize that the workers' compensation arena will act as a fertile ground for experimentation in the legal application of this new technology.
Text, photos and commentary, shared among the social network, will provide a new avenue of factual discovery that may assist the decision maker in reaching an evaluation of the claim. The authors review the professional responsibilities of attorneys to their clients in advising them of the potential benefits and hazards of social networking, as well as their strategy for preparing text and photographic material into evidence. They conclude that lawyers handling workers' compensation matters need to be educated on how to properly utilize facts and opinions gathered from the social networking system.
Duhl, Gregory M. and Millner, Jaclyn S., Social Networking and Workers’ Compensation Law at the Crossroads (September 2010). Pace Law Review, Vol. 31; William Mitchell Legal Studies Research Paper No. 2010-16. Available at SSRN: http://ssrn.com/abstract=1675026
...
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 illnesses. Author NJ Workers Compensation Law (West).
jon@gelmans.com have been representing injured workers and their families who have suffered occupational illnesses. Author NJ Workers Compensation Law (West).
Related Articles:
Compensation Judges Are Becoming Linkedin
Facebook Job Boast Leads to Work Comp Fraud Charges
The Social Network - In Theaters October 1 (Columbia Pictures)
Facebook Job Boast Leads to Work Comp Fraud Charges
The Social Network - In Theaters October 1 (Columbia Pictures)
Sunday, September 5, 2010
The Fatal Consequences of the GM Bankruptcy
Image via WikipediaThe General Motors (GM) bankruptcy is going to adversely impact workers' compensation. It has been estimated that GM is facing $500 Million worth of future mesothelioma claims that its bankruptcy estate is going to avoid paying. The claims will arise because deadly asbestos fiber that was used in in the manufacture of GM products including brakes.
Last month U.S. Bankruptcy Judge Robert Gerber in New York permitted the unsecured creditors (asbestos claimants) to obtain documentation from GM about the number of estimated / asbestos liability claims it could be facing in the future. As a result of the bankruptcy action, GM transfered its assets only to Motors Liquidation Co., but it plans not to transfer its asbestos liabilities to the new company. Therefore, future asbestos claims against GM will not be paid.
Brakes linings were raw asbestos. GM brakes were sold to and used by auto-mechanics for decades. Asbestos is a known carcinogen and its deadly effects have been recognized since the early 20th century. One of the latent diseases caused by asbestos exposure is mesothelioma, a rare and fatal illness.
Workers' Compensation systems throughout the United States have been literally swamped with asbestos related claims as the workforce aged and the disease has manifested. The workers' compensation insurance carriers and past employers who used asbestos products have sought to be reimbursed for benefits paid to injured workers by the ultimate wrongdoers, the suppliers, manufacturers and distributors of asbestos products. Those wrongdoers failed to place warning of its products concerning the hazards of asbestos fiber and knew of the hazards.
Taking away the right of ill employees to seek benenfits from GM for its alleged wrongful acts will severely impact the workers' compensation system throughout the US, especially if this process of avoidance becomes of model for future asbestos bankruptcy actions. Difficulties navigating the workers compensation systems at present for occupational illness benefits have become burdensome and extremely difficult for injured workers and their families. GM's attempt to absolve itself from financial responsibility for asbestos related disease should not be permitted as it may create a fatal economic attack on the ailing compensation system.
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.
Wednesday, September 1, 2010
State Colleges Seek to Privatize Workers' Compensation Coverage
NJ State colleges and universities want to opt out of the costly NJ State claims network and are seeking to establish a joint fund to cut costs. Yesterday S2067 advanced in he NJ Legislature and was transfered to the Senate Budget and Appropriations Committee.
Senate Bill No. 2067 of 2010 authorizes two or more State colleges or universities to form a State college risk management group and to participate in joint liability funds, risk management programs, and related services provided by the group, subject to certain regulatory oversight by the State Treasurer. Currently, the Division of Risk Management in the Department of the Treasury administers certain insurance coverage programs for various agencies of State government, including State colleges. This bill would modify that authority in order to allow State colleges to form their own risk management groups and joint liability funds to provide that coverage.
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 exposures.
Related Workers' Compensation Articles:
- New Jersey Task Force Recommends Privatization of Workers Compensation
- Budget Crisis Triggers NJ DWC Closing
Friday, August 27, 2010
Slow Economic Grown Forecasts Dismal Future for Workers Compensation
The US workers' compensation industry is dependent on premiums, based on wages, paid to workers. A lack of workers on payrolls stalls the economic engine necessary to fund the system. The predictable response is an increase in rates chargeable to fewer employees in a time when the country faces a predictable deflation rate in advance of potentially soaring rates based upon inevitable inflation resultant from increased governmental spending. Seven more years, at a minimum of high unemployment has been predicted.
Compounding the scenario is the fact that the historical pattern of the past will most likely not allow for a major rebound as the facts of economic growth, globalization and transfer of manufacturing overseas has devastated the base of growth for the national workers' compensation system.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Related Articles
Is The Recovery Of The Workers’ Compensation System An Illusion?
Wednesday, August 25, 2010
$500,000 Verdict Awarded Police Officer Terminated Due to Disability
The Record reports that a police officer, who was unable to work because of blood thinner therapy flowing from a work related injury and a pregnancy, was awarded $500,000 because the employer terminated her because of the disability.
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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 accidents & exposures at work.
Sunday, August 22, 2010
$7 Million Verdict Upheld for Wife of Asbestos Worker for Handling Workers Clothes
A NJ Appellate Court upheld an award of $7 Million dollars to the wife of an asbestos worker. The spouse washed her hushand's street clothes that he used at work. She developed mesothelioma, a cancer associated with exposure to asbestos fiber, as a result of laundering her husband's contaminated clothing.
Related Research Reports
The worker was employed at the Exxon Refinery in Linden, NJ where he was exposed to asbestos while removing insulation from equipment at the plant.. The company held safety meetings and gave the workers helmets but did not furnish respirators to protect them from the hazards of asbestos, a know carcinogen.
Mesothelioma, a cancer associated with the exposure to asbestos fiber, has a long latency period. It may take between 15 to 35 years to develop after the first exposure to asbestos fiber.
It has been long recognized that household contacts, ie. spouses and family members, who come into contact with asbestos workers may develop asbestosis, lung cancer and mesothelioma. The first know legal action was brought in New Jersey successfully for a household contact in 1981 who developed mesothelioma as a result of cleaning her husband's clothes. He had worked at the Union Asbestos and Rubber Company in Paterson, NJ during World War II.
The Court also rejected that the spouse, also a former employee at Exxon, should have been required to seek benefits under workers' compensation.
Anderson v, A.J. Friedman Supply Co. Inc., A5892-07, NJ App Div 2010.
"In our view, the judge's decision here to apply the dual persona doctrine is buttressed by the Supreme Court's pronoun-cement in Olivo, supra, 186 N.J. at 405, to impose a separate duty on employers for injuries to a worker's spouse caused by bystander exposure to the asbestos brought home on work clothes. That is, although Exxon could not be held liable to Bonnie based on her direct occupational exposure, it could be held liable pursuant to Olivo, based on her separate exposure to the asbestos brought home by John from his Exxon job."
"Thus, consideration of the relevant legal principles in light of the disputed evidence presented on the summary judgment motions leads us to the conclusion that there were genuine issues of material fact about the actual extent of Bonnie's and John's exposures to asbestos, which precluded summary judgment. Whether Exxon could be held liable pursuant to the dual persona doctrine require a jury determination. Thus, we affirm the judge's denials of summary judgment."
Anderson v, A.J. Friedman Supply Co. Inc., A5892-07, NJ App Div 2010.
Click here to read more about asbestos related disease and claims for benefits. 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 illnesses.
Related Articles
Cancer Risk Passes to Kin of Asbestos Workers
Haledon Man Sues Asbestos Plant For Wife's Death Due to Mesothelioma
History of Asbestos and the LawHaledon Man Sues Asbestos Plant For Wife's Death Due to Mesothelioma
Related Research Reports
Protecting Workers' Families A Research Agenda Report of the Workers' Family Protection Task Force
Report to Congress on Workers' Home Contamination Study Conducted Under the Workers' Family Protection Act
Report to Congress on Workers' Home Contamination Study Conducted Under the Workers' Family Protection Act
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