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

Monday, April 28, 2014

US EPA Seeks Input About Lead Contamination in Public and Commercial Buildings

The U.S. Environmental Protection Agency (EPA) is inviting small businesses to participate as consultants for a Small Business Advocacy Review (SBAR) Panel as the agency considers steps to reduce lead based paint exposure from the renovation, repair, and painting of public and commercial buildings as required by section 402(c)(3) of the Toxic Substances Control Act (TSCA).

The SBAR Panel is being established pursuant to the Regulatory Flexibility Act, and will include representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The Panel will ask a selected group of Small Entity Representatives (SERs) to provide advice and recommendations on behalf of their company, community, or organization to inform the Panel on impacts of a proposed rule on small entities involved in the renovation, repair, and painting of public and commercial buildings. SER panelists may participate via telephone or webinar, as well as in person.

EPA seeks self-nominations directly from the small businesses, small governments and small organizations that may be subject to the rule requirements to facilitate the selection of SERs. An entity is eligible to be a SER if it will be directly subject to the particular proposed regulation under development and meets one of the SBA’s definitions http://www.sba.gov/content/table-small-business-size-standards
to qualify as a small entity.

EPA encourages the actual owners or operators of small businesses, community officials, and representatives of non-profit organizations to participate in this process. However, a person from a trade association that exclusively or primarily represents potentially regulated small entities may also serve as a SER.

Self-nominations may be submitted through the link below and must be received by May 9, 2014.

To nominate yourself, visit: How can I get Involved: http://www.epa.gov/rfa/lead-pncb.html
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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.

Tuesday, February 18, 2014

Just Published: 2014 Update - Gelman on Workers' Compensation Law

Jon Gelman’s newly revised and updated treatise on Workers’ Compensation Law has just been published by West Group of Egan, MN. The treatise is the most complete work available on NJ Workers’ Compensation law.

The work offers an in-depth and insightful analysis that provides a  quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.

New areas of the law reviewed:

The newly enacted SMART Act (The Strengthening Medicare and Repaying Taxpayers Act of 2012), and the proposed Regulations, are discussed at length in this supplement. The newly enacted statutory provision concerning balance billing and expanded jurisdiction of the Workers’ Compensation Court is reviewed. The launch of COURTS 4, the expanded workers’ compensation electronic filing system, implementing e-filing of Notice of Motions, is explained along with accompanying sample forms, codes, and instructions for filing/service. The statutory extension of lifetime benefits embodied in recent legislation for surviving spouses of police and fire department employees, who are fatally injured in-the-line of duty, is discussed. The recent case law concerning the second-prong of the “context test” involving the “Exclusivity Doctrine” is reviewed 

New 2014 Section Sections include:

--Dependency—Surviving spouse of police or fire department killed in the line of duty [12.14.50] 
--Case organization utilization reporting tracking system (COURTS)—Court proceeding type codes [25.22.30] 
--Case organization utilization reporting tracking system (COURTS)—E-filing of motions—General motion [25.22.40] 

Gelman on Workers’Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.

It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™. [Westlaw Database Identifier NJPRAC]



Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades he has been involved in complex litigation involving thousands of clients challenging the mega-industries of: asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of  The Workers Injury Law & Advocacy Group (WILG) and a charter member of The College of Workers' Compensation Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer. jon@gelmans.com -www.gelmans.com

Tuesday, December 17, 2013

Governor Cuomo Announces Significant new Protections for World Trade Center Workers

Governor Andrew M. Cuomo today announced World Trade Center workers who performed rescue, recovery and clean-up in the year after 9/11 now have significant new protections for workers’ compensation benefits. The World Trade Center Registry was reopened and the deadline for joining extended to September 11, 2014; certain previously time-barred World Trade Center claims are being reopened and considered timely; and qualifying health conditions were added to the law.

New York State is committed to caring for those who stood up in the face of danger to assist in the rescue and recovery efforts during and after the horrific attacks at the World Trade Center,” Governor Cuomo said. “That is why we are providing new protections for the workers, including first responders, clean-up crews and volunteers, who answered the call for help and ensuring they have access to workers’ compensation benefits for the future. I urge those who worked at Ground Zero and other recovery sites to file a WTC-12 form today to apply for the benefits they deserve.”

Filing a WTC-12 form with the Workers’ Compensation Board preserves the workers’ compensation rights for those who performed rescue, recovery and clean-up after the World Trade Center attacks. The State again urges those who worked at Ground Zero, the Fresh Kills Landfill, on the barges, the piers and the morgues to file a WTC-12 form, no matter if they were injured or not and whether they were employed or volunteered.

The last national Tell Us You Were There campaign ended with 41,094 filings received by the previous Sept. 13, 2010, deadline. As part of a new law signed by Governor Cuomo, any WTC-12 filings received after that date are now consider timely.

The Board will also review its files to locate any World Trade Center claims previously disallowed as “untimely” under Workers’ Compensation Law Secs. 18 and/or 28 or from failure to file a timely WTC-12 form. The Board will, under its own initiative, now reconsider those particular World Trade Center claims “timely.”

A detailed list of qualifying health conditions resulting from hazardous exposure for World Trade Center workers who participated in rescue, recovery and clean-up operations was also added. The categories are diseases of the:
  • Upper respiratory tract and mucosae;
  • Lower respiratory tract;
  • Gastroesophageal tract;
  • Psychological axis; and
  • New onset diseases that develop in the future resulting from exposure.


“When New Yorkers needed their help, 9/11 rescue, recovery, and cleanup workers selflessly answered the call,” President of the New York State AFL-CIO Mario Cilento said. “It's incumbent upon us, as a state, to be there for them now and in the future as we continue to learn more about the growing impact of their exposure. We commend Governor Cuomo and the Legislature for ensuring that critical treatment and benefits will be available for the heroes who served in the aftermath of 9/11.”

“The enactment of this legislation is a major victory for those who worked in rescue, recovery and cleanup operations following the attack on the World Trade Center,” Executive Director Joel Shufro of the New York Committee for Occupational Safety and Health said. “By extending the deadline to register to file a claim for another year and reinstating those whose registrations were previously time barred, many workers who develop WTC related illnesses with long latency periods will be eligible to file for benefits under New York State’s Workers’ Compensation Law. The enactment of this legislation is an act of justice and equity and the legislature should be congratulated for passing the legislation and the governor for signing it.”

“As an injured worker as of the result of working at Ground Zero, I know firsthand what this important piece of legislation means to those who are sick or injured from their heroic actions. This will bill not only provides those sick or injured the opportunity to apply for benefits, but more importantly it gives them hope that our Governor still cares about yesterday's heroes,” John Feal, founder of the FealGood Foundation, said.

Governor Cuomo is committed to ensuring all World Trade Center workers receive the benefits and protections they are accorded under the law. To achieve this, at his direction the Board has:
Contacted previously untimely filers;

Translated the WTC-12 form into seven languages other than English;

Reopened a dedicated phone line for World Trade Center workers, 1 855 WTC-2014 (1 855 982-2014);

Relaunched the web page www.wcb.ny.gov/WTC12 for World Trade Center workers; and
Planned outreach to workers and groups representing World Trade Center workers.

All these worker protections were added to Workers’ Compensation Law Article 8-A.

The Board’s dedicated World Trade Center work groups and hearing parts have functioned continuously since September 2001.
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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.

Friday, December 6, 2013

Trickle Down Stagnation

Workers' compensation is dependent the integration of federal benefits in many claims. As the federal government continues to stagnate legislatively, it is difficult for workers' compensation programs to maintain their viability and effectuating a medial social legislative system. Today's post, an editorial, from the New York Times, points out, that the federal government continues big political standoff. Unfortunately, the difficulties facing the federal government in formulating regulations and legislation, Will trickle-down two additional stagnation in the Worker's Compensation programs throughout the nation. Weather this is by design, or an unintentional consequence, the bottom line is that, but Workers' Compensation system Will need to be reformulated before choked out of existence.

Last week, in a fit of fury after they lost the ability to filibuster President Obama’s nominees, several Congressional Republicans threatened to retaliate by slowing things down on Capitol Hill. Democrats “will have trouble in a lot of areas because there’s going to be a lot of anger,” said Senator John McCain, Republican of Arizona, specifically warning that a United Nations disability treaty was now in danger of being rejected for the second time.

It’s hard to see how Republicans could slow things down more than they already have for the last several years. Yes, they can prevent committees from meeting and add days of wasted time to every nomination...

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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.

Wednesday, December 4, 2013

Formaldehyde Spill At Southern Ocean Medical Center; Three Treated For Inhalation

A formaldehyde spill at Southern Ocean Medical Center on Monday caused three hospital employees to be treated for inhalation of the known carcinogen.

At 10:14 a.m., Stafford Township Police responded to a report of a hazardous material spill at SOCH on Route 72 in Stafford Township.

Investigation revealed that a small quantity of formaldehyde was spilled in a utility closet located in the Labor and Delivery area of the hospital. The spill was contained to the utility closet and no evacuations were necessary, police said.

No patients were injured in this incident but three hospital employees were treated for minor inhalation injuries and released, police said.

Responding agencies included the Stafford Township and Barnegat Township Volunteer Fire Companies as well as Stafford Township EMS.

The Berkeley Township Haz-Mat Unit responded and neutralized and contained the spill which is being cleaned up by a private contractor engaged by Southern Ocean Medical Center.

Questions concerning this release may be directed to Capt. Thomas Dellane at 609-597-1189 ext. 8299.
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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.

Wednesday, November 27, 2013

The World Trade Center Registry Opened Again to Register 9-11 Workers

On November 13, 2013, Governor Andrew M. Cuomo signed significant protections for World Trade Center workers into the Workers' Compensation Law under Article 8-A. The legislation extends and enhances workers' compensation eligibility and benefits for World Trade Center workers. Most notably, the legislation reopens the World Trade Center Registry; extends the deadline period for filing Form WTC-12, Registration of Participation in World Trade Center Rescue, Recovery and/or Clean-up Operations, with a deadline to September 11, 2014; reopens previously time-barred World Trade Center claims and considers them timely; and adds qualifying conditions to the law.

Reopening of Registry and Extension of Filing Period for Form WTC-12

The World Trade Center Registry, which preserves workers' compensation rights for those who performed rescue, recovery, and clean-up operations after the World Trade Center attacks, is now reopened and will remain open until September 11, 2014. Previously, any claims for which the associated Form WTC-12 was received after September 13, 2010 were time-barred. Those workers were not entitled to benefits. These claims will now be reopened and considered timely.
Workers who participated in the rescue, recovery, and clean-up operations of the World Trade Center between September 11, 2001 and September 11, 2002, should promptly register their service participation with the NYS Workers' Compensation Board (Board). This registration will preserve workers'...
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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.

Friday, November 22, 2013

New Scrutiny for Medical Devices

Today's post was shared by FairWarning and comes from well.blogs.nytimes.com

Metal-on-metal replacement hips remain high-risk, but other devices are to be downgraded.

Metal-on-metal replacement hips remain high-risk, but other devices are to be downgraded.

Wayne Schneider’s heart stopped beating late last year while the Minneapolis paramedic was out on an emergency call.

Another medic performed CPR for a few minutes, and then used a medical device that delivered cardiac compressions mechanically for 64 minutes, until Mr. Schneider’s heart started beating normally on its own.

“I’m not sure people would have been able to sustain manual CPR for so long,” said Mr. Schneider, 57. “I’m a lucky guy.”

Monday, October 21, 2013

Flavorings and Fragrances: A Newly Engineered Problem in the Workplace

Flavorings and fragrances have ben a perennial problem in the workplace. They have created and contributed to occupational exposures and diseases. Some exposure have led to civil lawsuits, beyond workers' compensation claims. Today's post is shared from nytimes.org

Vanilla, saffron, patchouli. For centuries, spices and flavorings like these have come from exotic plants growing in remote places like the jungles of Mexico or the terraced hillsides of Madagascar. Some were highly prized along ancient trading routes like the Silk Road.

Now a powerful form of genetic engineering could revolutionize the production of some of the most sought-after flavors and fragrances. Rather than being extracted from plants, they are being made by genetically modified yeast or other micro-organisms cultured in huge industrial vats.

“It’s just like brewing beer, but rather than spit out alcohol, the yeast spits out these products,” said Jay D. Keasling, a co-founder of Amyris, a company based here that is a pioneer in the field. However, while yeast makes alcohol naturally, it would not produce the spices without the extensive genetic rejiggering, which is called synthetic biology.

The advent of synthetic biology raises thorny economic and regulatory issues, such as whether such yeast-made ingredients can be called natural and whether developing countries dependent on these crops will be hurt.

Supporters say the technique could benefit food and cosmetic companies, and...
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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.

Sunday, October 20, 2013

Where is the Deep Water?

NJ Appellate Court allowed the assertion of a workers' compensation statutory lien against a liability award (NJSA 34:15-40), where the compensation insurance company paid the initial medical benefits without prejudice following a detailed dismissal by the Compensation Court before trial. This decision has far reaching consequences in defining when, on the timeline,  an insurance carrier's actions should trigger responsibility.

Workers' Compensation was designed as a summary and expeditious system paying injured workers who suffer an injury or illness at work. The benefits of treatment and temporary disability benefits are triggered by the event or manifestation of injury, and should flow quickly to the injured worker without a long, burdensome, and litigious process.

The payment of  major medical benefits by an employer, in the past, under The Sheffield Doctrine, has been considered to act as an estoppel, barring the denial of the compensation claim. The NJ Legislature modified its Workers' Compensation Act several decades ago, and allowed for the payment of medical benefits, without prejudice. The consequence  is that the injured worker is lulled into a sense of false security relying upon the implied acceptance of compensability. Albeit, the payment extends the statute of limitation for filing a formal claim.

The Court's dismissal, in the Greene matter, barring the assertion of the lien by the workers' compensation insurance company, was reversed and the lien enforced from the liability award.

Interestingly, the Court did not note that the technique of ordinary settlement, by payment of unauthorized medical payments, and/or for waiver of the right to appeal, was a common practice before the legislative enactment of NJSA 34:15-20. AIG in this case chose to "have your cake and eat it too."

Historically, prior to the legislative enactment of lump sum payments, pursuant to NJSA 34:15-20, voluntary dismissals were utilized as vehicle to compromise dependency, and other claims, for settlement. In those instances, following the dismissal of the workers' compensation claim, the parties would enter into a settlement, albeit a fiction, to settlement of the right to appeal and a letter of payment would be exchanged and/or a Release would be executed. Any potential was extinguished.

Beside the increased necessity of reducing the dismissal terms to writing, and/or stipulation of dismissal, the issue is generated of far the insurance company can step into the deep water before it comes committed to a decision. The Legislature needs to revisit this issue, and redefine the timeline for irrevocable commitment of responsibility, otherwise the initial Legislative intent for an expeditious, remedial administrative system will be defeated.

KELLY GREENE v AIG CASUALTY COMPANY, 
NJ App Div 2013 (Decided October 16, 2016) --- A.3d ----, 2013 WL 5629045 (N.J.Super.A.D.)

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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.

Monday, September 16, 2013

Tips and Poverty

In the calcuation of wages and rates of benefits, most state workers' compensation programs incoporate tips. Elimination of tips, would eliminated added coverage benefits paid under workers' compensation programs.Today's post was shared by Steven Greenhouse and comes from www.nytimes.com


When The Times’s restaurant critic, Pete Wells, recently called tipping “irrational, outdated, ineffective, confusing, prone to abuse and sometimes discriminatory,” he was referring mainly to mid- to high-priced restaurants that are considering an end to the practice in favor of surcharges or service-included pricing.

In the diners and other more “value oriented” restaurants that employ most of the nation’s burgeoning ranks of waitresses (the vast majority of servers are female), tips are all that and more. They are part of a parallel economic universe in which employers are allowed to pay sub-minimum wages, with predictably devastating results. According to census data, servers are far more likely than other workers to live in poverty.

It is a national disgrace when hard work, in any industry, leaves workers in poverty. But falling living standards and economic hardship among tipped workers signal prolonged stagnation throughout the economy. That’s because employment growth in restaurants and bars has outpaced growth in nearly all other sectors in recent years, including health care, manufacturing, retail and financial services. 

If wages in food-service and other service jobs are not lifted, it is hard to see where adequate consumer demand will come from to generate and sustain a real recovery.

It is not tipping that most needs to end, however. What needs to change is the federal law that sets the minimum wage for tipped workers...
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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.

What to Do About Futile Critical Care

The last year of an injured worker's life is probably the most expensive for medical costs. Usually such expenses account for 50% of lifetime care costs. Associated with a work-related claim  researchers are struggling how to limit unnecessary costs and maintain ethical and moral responsibilities. Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com

By Neil S. Wenger, MD


Thanks to extraordinary advances in medicine, critical care providers can save lives even when the cards are stacked against their patients. However, there are times when no amount of care, however cutting-edge it is, will save a patient. In these instances, when physicians recognize that patients will not be rescued, further critical care is said to be “futile.” In a new study, my RAND and UCLA colleagues and I find that critical care therapies that physicians regard as “futile” are not uncommon in intensive care units, raising some uncomfortable questions.


Of course, we’re fortunate to have such fantastic technology at our disposal — but we must address how to use it appropriately when the patient may not benefit from high-intensity measures. When aggressive critical care is unsuccessful at achieving an acceptable level of health for the patient, treatment should focus on palliative care.

In our study, my colleagues and I quantified the prevalence and cost of “futile” critical care in the journal JAMA Internal Medicine. This can be seen as the first step toward reevaluating the status quo and better optimizing care for critical care patients.

After convening a group of critical care clinicians to determine a consensus definition of “futile treatment,” our research team analyzed nearly 7,000 daily assessments of more than 1,000 patients.
We found that 11 percent received futile...
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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.