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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts with label New Jersey. Show all posts
Showing posts with label New Jersey. Show all posts

Sunday, April 27, 2014

Seven Acre Site along the Passaic River Contaminated with PCBs and Volatile Organic Compounds

The U.S. Environmental Protection Agency has added the Riverside Industrial Park in Newark, New Jersey to the Superfund National Priorities List of the country’s most hazardous waste sites. After a 2009 spill of oily material from the industrial park into the Passaic River, the EPA discovered that chemicals, including benzene, mercury, chromium and arsenic, were improperly stored at the site. The agency took emergency actions to prevent further release of these chemicals into the river. Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs).

Benzene, mercury, chromium and arsenic are all highly toxic and can cause serious damage to people’s health and the environment. Many volatile organic compounds are known to cause cancer in animals and can cause cancer in people. Polychlorinated biphenyls are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing.

EPA proposed the site to the Superfund list in September 2012 and encouraged the public to comment during a 60-day public comment period. After considering public comments and receiving the support of the New Jersey Department of Environmental Protection for listing the site, the EPA is putting it on the Superfund list.

“The EPA has kept people out of immediate danger from this contaminated industrial park and can now develop long-term plans to protect the community,” said Judith A. Enck, EPA Regional Administrator. “By adding the site to the Superfund list, the EPA can do the extensive investigation needed to determine the best ways to clean up the contamination and protect public health.”

Since the early 1900s, the Riverside Industrial Park, at 29 Riverside Avenue in Newark, has been used by many businesses, including a paint manufacturer, a packaging company and a chemical warehouse. The site covers approximately seven acres and contains a variety of industrial buildings, some of which are vacant. In 2009, at the request of the New Jersey Department of Environmental Protection, the EPA responded to an oil spill on the Passaic River that was eventually traced to the Riverside Avenue site. The state and the city of Newark requested the EPA’s help in assessing the contamination at the site and performing emergency actions to identify and stop the source of the spill.

The EPA plugged discharge pipes from several buildings and two tanks that were identified as the source of the contamination. In its initial assessment of the site, the EPA also found ten abandoned 12,000 to 15,000 gallon underground storage tanks containing hazardous waste, approximately one hundred 3,000 to 10,000 gallon aboveground storage tanks, two tanks containing oily waste, as well as dozens of 55-gallon drums and smaller containers. These containers held a variety of hazardous industrial waste and solvents. Two underground tanks and most of the other containers were removed by the EPA in 2012.

The EPA periodically proposes sites to the Superfund list and, after responding to public comments, designates them as final Superfund sites. The Superfund final designation makes them eligible for funds to conduct long-term cleanups.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The search for the parties responsible for the contamination at the Riverside Industrial Park site is ongoing.
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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 4 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.

Related articles

Thursday, February 13, 2014

Missouri Further Defines Permanent Total Disability

"The PTD test is whether the worker can compete in the open labor market.
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "

 MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 )  FILED: February 10, 2014 

Wednesday, February 5, 2014

The Rule of Law and The Media's Role

Today's post is authored by David DePaolo and shared from workcompcentral.com
Those not living in California are befuddled by our system. Heck, even those living in California are befuddled...

Yesterday was also the start of the 21st annual California Division of Workers' Compensation Educational Conference in Los Angeles, CA, where the weather is a bit warmer than it is here in CT.

So too has the activity been a bit warmer in California - at the Educational Conference Acting Administrative Director Destie Overpeck gave an overview of what has been going on with the division since the directive of SB 863 to implement numerous changes to the system.

The list of work that the division has been engaged in is impressive, and demonstrates just how vast the changes were in SB 863:
  1. New rules to reduce payments to ambulatory surgery centers from 120% of Medicare’s outpatient rate to 80%;
  2. A new fee schedule for providers based on a Resource Based Relative Value Scale;
  3. A lien fee system (currently partially in abeyance due to legal challenges which also adds to the division's work load);
  4. New statute of limitations for lien filers;
  5. New Independent Medical Review process and procedures;
  6. New Independent Medical Bill review process and procedures;
  7. Revised Medical Provider Network approval and renewal process and rules;
  8. Pending fee schedule for copy services;New penalties for failures in notifications and standards for MPNs.
This is all in addition to the normal work load...
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Monday, February 3, 2014

Substantial Credible Evidence Remains the Rule

Despite the informality of  a workers compensation hearing, the evidence relied upon by the hearing official must be substantially credible in order to meet the burden of proof to assess disability. When the claimant has had a history of a multitude of back injuries, sorting out the claims maybe a complicated and difficult process. The compensation judge is compelled to ascertain which accident  is the ultimate triggering incident that resulted in permanent disability

The last back claim of a worker did not meet the evidential standards to sustain a claim for disability when the diagnostic tests, as interpreted by the treating physician, did not support the evidential requirements to establish the assessment of permanent disability. 

A worker in New Jersey, who has a long history of back injuries, both at work and at home, was unable to meet the evidential requirements to to establish a case for increased disability. An MRI, interpreted by the treating physician, demonstrated no change in the injured workers medical condition following the last incident at work.

Accordingly, The NJ Appellate Division sustained the ruling by the compensation judge, who had held that proofs offered at trial were insufficient to meet the requirement of the statutory credible evidence standard. The trial judge was held to have correctly relied upon the treating physician’s diagnostic MRI taken subsequent to the last accident to rule out the final incident as the triggering episode that generated the claimant’s disability. 

Beausejour v Chamberlin Plumbing & Heating, Inc.,  2014 WL 300929 (N.J. Super. A.D.), Jan. 29, 2014

Saturday, January 18, 2014

NJ Supreme Court Hears Premises Rule Case

The Premises Rule maybe getting an updated interpretation by the New Jersey Supreme Court. Within the last several days the Court heard the oral argument in Hersch v The County of Morris. The case involves an employee of a public entity that was given a seniority “perk” of a paid parking pass to the County parking garage.

After parking in the garage, the employee crossed a public road to gain access to her assigned office in the County building. The employee was struck by a motor vehicle. Both the Trial and Appellate Courts held the matter to be compensable.

The NJ Supreme Court was presented by the defense that the accident occurred off premises and out of the control of the employer. The employee argued that the injury occurred within the course of the employment because the employer furnished the parking pass as “perk” to the employee. 
The employer alleged that the parking pass was sent to the employer as enticement to recruit employees, The convenience of which was a closer parking space you safety are going to and from her vehicle.

Video (Windows media) file available on-line from Rutgers University Library

A-59-12 Cheryl Hersch v. County of Morris (071433)

Note: See also Burdette v Harrah’s Atlantic City, 2014 WL 184412 (N.J.Super. A.D. 2014) affirming compensability of an employee’s injuring occurring in a parking lot owned and operated by the employer.
“Because the Act is humanitarian social legislation, it is to be liberally construed in favor of coverage, for the protection of employees. Valdez v. Tri–State Furniture, 374 N.J.Super. 223, 232 (App.Div.2005); see also Zahner v. Pathmark Stores, Inc., 321 N.J.Super. 471, 477 (App.Div.1999) (noting the courts’ liberal construction of the Act's provisions in favor of employees to accomplish its “beneficent purposes”).”

Friday, January 17, 2014

United Airlines plane returns to Newark Airport after strong turbulence; 5 flight attendants hurt

As United Airlines begins the furlough today of about 700 flight attendants, a United plane hit turbulence and 5 flight attendance were reportedly injured. Even though they may have been in international airspace, the claims are subject to workers' compensation coverage. Today's post is shared from nj.com.
NEWARK — Five flight attendants were hurt, with one complaining of severe back pain, after a Beijing-bound flight that took off from from Newark Liberty International Airport hit turbulence about 30 minutes after takeoff, a spokesman for the Port Authority of New York and New Jersey said today.
Flight 89 returned to the airport about 4:30 p.m., the spokesman, Ron Marsico said.
A United Airlines spokeswoman said the aircraft, which took off at 12:40 p.m., was carrying 189 passengers and 16 crew members. None of the passengers was injured, Marsico said.
Emergency workers treated the flight attendants at the scene for minor bumps and bruises. All five were taken to area hospitals, he said.
Passengers were offered hotel rooms in Newark and will be flying out tomorrow, the United spokeswoman said.
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Monday, January 6, 2014

Shoveling snow led to shocking experience for one Jersey City employee, offical says

Shoveling snow can have a toll on the body, but one unlucky Jersey City employee got more than he bargained for when he received a shock from a utility box he touched. 
Just before 11 a.m. an employee from the Jersey City Incinerator Authority was shoveling snow at a crosswalk on Ocean Avenue between Armstrong and Van Nostrand avenues when he leaned up against a utility pole and received a shock, said a city official. 
The unidentified man was taken to the Jersey City Medical Center with non-life threatening injuries, said Jersey City police and fire spokesman Bob McHugh
McHugh said details of the incident were developing but confirmed "this was not an electrocution."
PSE&G officials did not respond to The Jersey Journal's request for comment on the incident.

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Friday, January 3, 2014

NJ Governor Authorizes Friday Closure Of State Offices for All Non-Essential Workers

In anticipation of the severe winter storm expected to arrive in New Jersey beginning Thursday evening, Governor Chris Christie declared a State of Emergency, authorizing the State Director of Emergency Management to activate and coordinate the preparation, response and recovery efforts for the storm with all county and municipal emergency operations and governmental agencies. Governor Christie also authorized the closing of state offices on Friday, January 3rd for all non-essential employees.
“The impending weather conditions over the next several days will produce a variety of dangerous travel conditions throughout the state,” said Governor Christie. “I’ve authorized state officials to take all necessary action in advance of the storm, and my Administration will continue monitoring conditions throughout the remainder of the storm. I encourage all New Jerseyans to stay off the roads if possible so that our first responders and public safety officials can safely respond to any emergency situations.”
Starting Thursday evening, the storm is expected to bring high winds, heavy snow, mixed precipitation, storm surges and sub-zero temperatures throughout the state. A potential mixture of hazardous travel conditions, fallen trees and power outages and coastal, stream and river flooding are anticipated.
A copy of the Governor’s Executive Order declaring the State of Emergency [pdf 14kB].

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Saturday, December 28, 2013

Court Holds OSHA HazCom Standard Not A Bar To State Failure to Warn Claims

The US Court of Appeals for the District of Columbia has held that The Occupational Safety and Health Administration’s (OSHA) HazCom Standard does not preempt state law, therefore allowing state lawsuits to go forward based on “failure to warn” claims.

The Court dismissed the Petition filed by the American Tort Reform Association for a definitive determination concerning Federal preemption of state court based actions. The case overrules an unpublished NJ Appellate Court decision dismissing a state based claim for “failure to warn.”  Bass v. AirProducts & Chemicals Inc., et al., Docket No. A-4542-03T3, 2006 WL 1419375, May 25, 2006 (N.J. Superior A.D.), NJ Supreme Court denied certification, 907 A.2d 1014, Sept. 8, 2006.

The Court reasoned that the petition for review was, “….much to do about nothing.” The Court held, that while OSHA had no authority to issue an authoritative statement, OSHA could issue an interpretative statement that is not subject to notice and comment rulemaking  under the Administrative Procedures Act (APA) 5 U.S.C. § 553(b).

The HazCom Standard establishes labeling requirements for chemicals used in the workplace. 29 C.F.R. § 1910.1200(a)(2).

American Tort Reform Association v. OSHA, et al., Docket No. 12-1229 (2013 D.C. Cir.)  Decided: December 27, 2013.

Saturday, December 21, 2013

Employer Fraud: NJ employer accused of stealing over $265K from workers' comp insurer

Charles Kelcy Pegler Sr.
TRENTON — Charles Kelcy Pegler Sr., 55, of Spring Lake, has been indicted for stealing more than $265,000 by providing false and misleading information to the workers compensation insurance carrier for his roofing company.

Pegler was charged Thursday with second-degree theft by deception, second-degree false contract payment claim for a government contract, third-degree insurance fraud and fourth-degree false swearing, the state Attorney Generals Office announced.

Pegler is the president of Roof Diagnostics Inc. located at 2333 Route 34 in Wall. During the time described by the indictment, the company was at 608 Brighton Ave. in Spring Lake Heights.

The indictment alleges that between June 6, 2002 and Oct. 5, 2009, Pegler stole $265,044 from New Jersey Casualty Insurance Co. by creating the false impression that Roof Diagnostics was not a roofing company, that it did not employ roofers and that it did not install, maintain or repair roofs. That meant he paid far less in insurance premiums than he should have, according to state investigators.

This defendant had a legal responsibility to provide adequate and lawful workers compensation coverage for employees, Acting Attorney General John J. Hoffman said in a release.

By providing misinformation to his workers compensation carrier, he not only failed in this responsibility but also defrauded an insurance company out of hundreds of thousands of dollars.

The cost of such fraud is passed...
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Saturday, December 14, 2013

Fee Schedules and Value

Medical costs are a major cost to the nation’s workers’ compensation system. Trying to cap them by schedules is a problem. What type of schedule becomes a political football, sometimes causing chaos. The free market certainly has it advantage though. Employee should as the right to choose their doctor and doctors should be flexible to charge the “going rate” for their communities. NJ operates without a fee schedule, but lacks the free selection component. Access and free choice will go along way to balancing out costs. Demand for participation will increase and employers and workers will both be winners. Today's post is shared from http://daviddepaolo.blogspot.com  .

And it isn’t surprising that the Workers’ Competition Research Institute reported Thursday that states without medical fee schedules in their workers’ compensation systems have seen the most rapid increases in prices for outpatient hospital and professional services, while states with fee schedules based on fixed amounts generally fared better.

"States without fee schedules saw faster price growth than states with fee schedules, and, for states with charge-based fee schedules, we saw prices for hospital outpatient services growing faster than states with fixed prices," said Rebecca Yang, the author of WCRI's 2nd Edition of its Outpatient Cost Index and the Fifth Edition of its Medical Price Index for Workers' Compensation, in a webinar yesterday.

...
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Tuesday, December 10, 2013

Passengers had to tell NJ Transit driver he struck pedestrian in Jersey City, report says

The NJ Transit bus driver who struck and critically injured a Union City man Friday night did not even know he struck the man until he was notified by passengers on the bus, police said in an accident report.

The posted speed limit for the street is 25 miles per hour, the report said.
The incident occurred in front of the Engine 14 Firehouse, whose members were among the first responders at the scene.  When police arrived, the victim was being treated for injuries to his head and right leg.
The man was taken to the Jersey City Medical Center. The driver told police that he was turning left onto Palisade Avenue from Congress Street when passengers told him there was a "commotion" in the street. The driver said he never saw the man, the report said. 
At the JCMC, medical officials were unable to get an account of what happened from the victim. 
The 58-year-old underwent emergency surgery early Saturday morning and underwent a second surgery Sunday, Jersey City Medical Center spokesman Mark Rabson said. He was in guarded condition this afternoon. 
NJ Transit officials refused to comment on the incident and would not say if any actions have been taken against the bus driver.

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Monday, December 9, 2013

Harness driver from Jersey City critically injured in racetrack accident


Harness race drivers are subject to workers' compensation coverage in NJ. Today's post is shared from philly.com
Members of the harness racing industry across the country are rallying to support a harness driver from Jersey City, who was critically injured at a Philadelphia racetrack  on Nov. 17.
Anthony Coletta, 31, was critically injured after he was trampled by a horse during a  four-horse accident at Harrah’s Philadelphia racetrack in Chester, Penn., according to Harnesslink.com.
Philly.com reported the accident occurred during the night's 11th race just short of two minutes into it. The accident was recorded on video, and, according to Philly.com,  it shows one horse appearing to stumble to the ground as a second horse rams it from behind, causing Coletta to flip several feet into the air and onto the track, as a horse comes up behind him. Other horses collided.
Coletta was taken to a local medical facility and then flow by Medivac helicopter to the Hospital at the University of Pennsylvania where he underwent surgery for brain trauma and multiple fractures, reported Harnesslink.com. It was reported as of the next morning Coletta was breathing on his own, the website reported.
Horsemen throughout the country have been organizing fundraising events and others are donating portions of their winnings to help pay for Coletta’s hospital expenses, it was reported.
The efforts are all being coordinated by one of Coletta’s best...
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