President Biden signed legislation that will provide medical benefits from the Veterans Administration to service members exposed to toxic burn pits while deployed overseas in recent conflicts. The President signed the Sargent First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. It embodies some of the goals we strived to achieve in the decades-long burn pit litigation project.
Showing posts with label Toxic exposures. Show all posts
Showing posts with label Toxic exposures. Show all posts
Wednesday, August 10, 2022
Thursday, April 16, 2015
Health and Compensation Programs Passed Into Law After Almost Decade Long Fight Set to Expire This Year – Participants in 9/11 Health Program Living in All 50 States and 429 of 435 Congressional Districts
After nearly a decade long fight to stand by our first responders who answered the call of duty on September 11th, Congress finally fulfilled its moral obligation in late 2010 and provided our 9/11 heroes with the health care and financial compensation they deserved by passing the James Zadroga 9/11 Health and Compensation Act. With the Zadroga bill’s two critical programs – the World Trade Center (WTC) Health Program and the September 11th Victim Compensation Fund – set to expire in October 2015 and October 2016 respectively a bipartisan group of lawmakers from across the country today introduced the James Zadroga 9/11 Health and Compensation Reauthorization Act to permanently extend these programs. Last month, the U.S. Senate unanimously passed an amendment to the Senate budget resolution that will facilitate future legislation to renew and extend the Zadroga Act.
Friday, August 23, 2013
Sides rest in Calif. lead paint trial
 |
| Kleinberg |
“Lawyers on both sides and their staff did an exceptional job in every way,” he said. “I must tell you that ‘impressed’ would be too mild of a word. All of your clients ought to be extremely, extremely proud.”
Kleinberg described the six-week trial experience as “difficult,” but “joyous.”
What awaits are a couple of deadlines for papers, but most importantly closing arguments which are set for Sept. 23.
At closing, plaintiffs will get 30 minutes for argument and 15 minutes for rebuttal. Each of the five defendants will get 30 minutes for argument and 15 minutes for rebuttal.
Ten California cities and counties are seeking declaration of public nuisance on pre-1978 built private residences with interior lead paint, as well as more than $1.2 billion in monetary damages to abate the lead in nearly 500,000 residences.
In The People of California v. Atlantic Richfield, et.al., other named defendants are The Sherwin Williams Co., Con Agra, DuPont, and NL Industries.
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, July 17, 2013
California Trial Starts Against Lead Paint Industry for Creating a Public Nuisance
After years of pre-trial arguments and following the denial of summary judgment motions by lead paint companies, Sherwin Williams and NL Industry, the case brought by several California entities has commenced in California.
"The lawsuit differs from other unsuccessful attempts in seven other states to sue lead
paint manufacturers by arguing the companies violated state public nuisance laws, rather than health laws. Government lawyers won’t have to show that specific individuals were harmed in a direct way, only that the industry assisted in the creation of a public nuisance."
Click here to read the complete article: "$1 Billion Lead Cleanup Lawsuit Underway after 13 Years of Legal Maneuvering"
"The lawsuit differs from other unsuccessful attempts in seven other states to sue lead
Click here to read the complete article: "$1 Billion Lead Cleanup Lawsuit Underway after 13 Years of Legal Maneuvering"
Saturday, March 30, 2013
Employer Fined $185,000 for Exposing Employees to Toxic Substances and Other Safety Isues
Even products that are fit for human consumption are made with chemicals, that are used in the manufacturing process with greater concentration, are health hazards. A company in NJ failed to protect its workers from those concentrations and as a result are facing serious charges by OSHA. The precaution to a workers' compensation claim is maintaining a safe work environment so that accidents, injuries and toxic exposures to not occur.
cigarette manufacturer based in Lakewood, with 20 workplace safety and health violations. OSHA's inspection was prompted by a complaint alleging serious safety and health hazards throughout the facility, resulting in $184,500 in proposed penalties.
Monday, March 25, 2013
Ciba, Toms RIver NJ and a Cancer Epidemic
Early in my workers' compensation career, during the 1980's, I was asked by a local attorney to participate in the prosecution of 3 brain cancer workers' compensation claims. The cases arose out of an alleged exposure to toxic substances while working at the Ciba-Geigy's chemical plant in Toms River, NJ.
Being a notoriously zealous attorney, I undertook the claims. They were being defended personally by named partner in a mega-NJ liability firm. After several hearing dates, and my motion being granted for an on-site inspection of the premises with Judge being present, the claims were ended to the satisfaction of my clients.
The story of Ciba-Geigy and the plight of the employees and the community is now the subject of an insightful book, Toms River, A story of Science and Salvation authored by Dan Fagin.
Click here to hear the NPR Story - For Toms River, An Imperfect Salvation
The story of Ciba-Geigy and the plight of the employees and the community is now the subject of an insightful book, Toms River, A story of Science and Salvation authored by Dan Fagin.
Click here to hear the NPR Story - For Toms River, An Imperfect Salvation
Wednesday, March 20, 2013
Laundry in Paterson NJ Fined $165,000 by OSHA for Safety and Health Violations
Commercial laundries are the cause of many workers' compensation claims from toxic exposures and machine accidents. Enforce of safety and health laws goes a long way to prevent accidents at commercial laundry facilities.
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Brite Services Inc., doing business as Star Laundry, for 39 serious safety and health violations found at its commercial laundry facility in Paterson. Inspectors were prompted by a complaint alleging the company would not allow workers to leave the building during an emergency. Proposed penalties total $164,700.
OSHA found electrical hazards and an obstructed and improperly marked exit route. Additional violations include: allowing employees to potentially be struck by traffic while transporting laundry bins from one building to another while crossing a public street; failing to provide a cover and guardrails for open pits; provide a handrail for the stairway; evaluate the workplace for permit-required confined spaces; post signs informing workers of confined spaces; and develop a written confined space permit program. Other violations include failing to establish an energy control program for performing maintenance/servicing work; train power industrial truck operators; take powered industrial trucks in need of repair out-of-service; insulate or cover steam pipes less than 7 feet from the floor; properly guard machines; implement a hearing conservation program for workers exposed to noise levels at 88 and 89 decibels; ensure safety goggle usage; provide an unblocked eyewash station; develop a written hazard communication program; and provide hazard communication training.
"The vast number and range of safety and health hazards observed by OSHA at this facility indicates the lack of a functioning safety and health management system," said Lisa Levy, director of OSHA's area office in Hasbrouck Heights. "Each employer is responsible for ensuring a safe and healthful work environment, which Brite Services did not do. This company has the opportunity now to educate itself, correct these hazards and protect its workers."
The citations can be viewed at http://www.osha.gov/ooc/citations/briteservices_641138and658718_0314_13.pdf*.
Brite Services Inc. has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Hasbrouck Heights, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
Subscribe to:
Posts (Atom)