Drinking water at Camp Lejune, North Carolina, was contaminated by toxic substances, and it is estimated that over one million military personnel, their families, and civilians who lived and worked near Camp Lejune training facility between August 1, 1953, and December 31, 1987, may have been exposed to hazardous substances.
Showing posts with label latent disease. Show all posts
Showing posts with label latent disease. Show all posts
Saturday, August 13, 2022
Friday, February 3, 2017
Declining Earnings Capacity - A Retrogressive Penalty for Ill Workers
The decline of the earning capacity of ill workers prior to stopping work has an impact on both workers' compensation benefits as well as Social Security disability benefits. It is a retrogressive penalty for chronically ill workers.
The Social Security Administration in a recent report objectively reports this phenomena.
The Social Security Administration in a recent report objectively reports this phenomena.
Saturday, November 30, 2013
Pennsylvania Supreme Court Rules Exclusivity Doctrine Not a Bar to Asbestos Claim Against an Employer Directly If Late Manifestation
The Pennsylvania Supreme Court permitted a civil action to go forward against an employer where the employee was exposed to asbestos fiber and contracted mesothelioma. The Court ruled that the latent manifestation, after the 300 week statutory period had lapsed and the Exclusivity Doctrine was not applicable.
The court held, "that claims for occupational disease which manifests outside of the 300-week period prescribed by the Act do not fall within the purview of the Act, and, therefore, that the exclusivity provision of Section 303(a) does not apply to preclude an employee from filing a common law claim against an employer."
Tooley v AK Steel Corporation
No. 21 WAO 2011, No. 22 WAP 20111, No. 23 WAP 2011
2013 Pa. LEXIS 2816
Decided: November 22, 2013
Ed Note: My thanks to Judge David B. Torrey for sharing this decision. Note the reference in the Dissenting Opinion of Mr. Justice Saylor:
"8 David B. Torrey & Andrew E. Greenberg, Pennsylvania
Workers' Compensation Law & Practice §14.10 (3d ed. 2011) (expressing that Section 301(c)(2)'s time
limitation constitutes a "substantive prerequisite to ascertainment of the compensability," intended
to "establish, via arbitrary time basis, some outside limit to govern the potential [*64] liability of the
employer"). Accordingly, I would hold that the 300-week limitation in Section 301(c)(2) has no effect on
whether a worker's occupational disease comes within the WCA's coverage. As such, the exclusivity
mandate appearing in Section 303(a) of the statute applies, in my view, to preclude Plaintiffs from
maintaining a negligence-based lawsuit against Employers.16"
The court held, "that claims for occupational disease which manifests outside of the 300-week period prescribed by the Act do not fall within the purview of the Act, and, therefore, that the exclusivity provision of Section 303(a) does not apply to preclude an employee from filing a common law claim against an employer."
Tooley v AK Steel Corporation
No. 21 WAO 2011, No. 22 WAP 20111, No. 23 WAP 2011
2013 Pa. LEXIS 2816
Decided: November 22, 2013
Ed Note: My thanks to Judge David B. Torrey for sharing this decision. Note the reference in the Dissenting Opinion of Mr. Justice Saylor:
"8 David B. Torrey & Andrew E. Greenberg, Pennsylvania
Workers' Compensation Law & Practice §14.10 (3d ed. 2011) (expressing that Section 301(c)(2)'s time
limitation constitutes a "substantive prerequisite to ascertainment of the compensability," intended
to "establish, via arbitrary time basis, some outside limit to govern the potential [*64] liability of the
employer"). Accordingly, I would hold that the 300-week limitation in Section 301(c)(2) has no effect on
whether a worker's occupational disease comes within the WCA's coverage. As such, the exclusivity
mandate appearing in Section 303(a) of the statute applies, in my view, to preclude Plaintiffs from
maintaining a negligence-based lawsuit against Employers.16"
….
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, July 3, 2012
EPA Provides Funding Community Groups to Educate About River Contamination from Abandoned Industrial Facilities
Many of the toxic substances that companies dumped in to the Passaic River have resulted in occupational illnesses that have taken decades to manifest. Claims for industrially-induced occupational diseases are probably the greatest economic burden upon the compensation system at this time. The epidemiological predictions of the manifestation of occupational disease in the 21st century are for numbers of "epidemic" proportion.
The U.S. Environmental Protection Agency is providing a $60,000 grant to the Ironbound Community Corporation, a community organization in the Ironbound section of Newark, New Jersey, to educate the community about the history and ecology of the Passaic River and what can be done to protect it. The funding is part of the EPA’s Urban Waters program, which supports community efforts to restore and revitalize local canals, rivers, lakes, wetlands, aquifers, estuaries, bays and ocean areas and provide access to them. The Ironbound Community Corporation is the largest comprehensive social service provider in the area.
"Urban waterways like the Passaic River have been battered by toxic and sewage pollution for too long," said EPA Regional Administrator Judith A. Enck. "By providing these grants, the EPA is supporting efforts to educate the public about the history of the Passaic River and the need to work together to clean it up.”
The Ironbound Community Corporation will offer a series of river tours and “walkshops” to introduce Newark residents to the Passaic River’s history and ecosystem. The programs will include a series of walks along the river’s edge to celebrate the river and educate participants about what they can do to improve the river. The Ironbound Community Corporation will also produce a Back to the River brochure and map depicting the history and current state of the Lower Passaic River.
Many urban waterways have been polluted for years by sewage, runoff from city streets and contamination from abandoned industrial facilities. Healthy and accessible urban waters can help local businesses grow and enhance educational, recreational, employment and economic opportunities in nearby communities. By promoting public access to urban waterways, the EPA is helping communities become active participants in restoration and protection.
Through the Urban Waters program, the EPA is awarding grants ranging from $30,000 to $60,000 to 46 organizations throughout the nation. The projects selected for the funding will promote the restoration of urban waters through community engagement and outreach, water quality monitoring and studies, and environmental education and training. To view a list of the grant recipients, visit: http://www.epa.gov/urbanwaters/funding.Information on the EPA’s Urban Waters program: http://www.epa.gov/urbanwaters/index.html.
Information on the Urban Waters Federal Partnership: http://urbanwaters.gov/.
....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
More Blogs About the Passaic river Pollution
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
More Blogs About the Passaic river Pollution
Jun 21, 2012
Seventy Companies Reach Agreement with EPA to Remove Highly Contaminated Mud from Lyndhurst Section of the Passaic River; Cleanup work estimated to cost $20 million. The U.S. Environmental Protection Agency ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
Feb 28, 2012
In 2010, new pollutants were included for waters in the basins of the Hudson River, the Passaic River, the Raritan River, the Delaware Bay, and others. The EPA will continue to work with state and local governments to ensure ...
Dec 28, 2011
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Creamer Sanzari Joint Venture of Hackensack for seven alleged serious safety violations found at the Passaic River bridge project in ...
Subscribe to:
Posts (Atom)