Copyright
Sunday, March 28, 2010
Putting a Value on Occupational Cancer Claims
The original settlement was crafted by the parties to cover the nearly 10,000 parties to the lawsuit. The Judge recognizes the difficulties in proving cancer claims and the unpredictability of the disease. The original cap offered was $100,000. The Judge said that was inadequate and suggested to the parties to find some method of increasing the benefits.
The 911 first responders were exposed to asbestos and petroleum products that could result in many types of future malignancies, including, lung cancer, mesothelioma and leukemia.
Click here to read more 911 claims.
Saturday, March 20, 2010
Judge Rejects 911 Settlement -- $595 Million Not Enough
The Judge in reviewing the proposal said, "In my judgment, this settlement is not enough." Judge Alvin Hellerstein remarked, "I have the power of review, and I don't think it is fair."
Sunday, August 10, 2008
Governor Patterson Signs Legislation Extending Benefits for 911 Workers
The definitions in this bill expand the scope of a "qualifying WTC condition" under the Accidental Diability Law to include:
(1) members who did not undergo apre-employment physical examination, but who provide access to medical records which demonstrate the absence of a qualifying condition priorto September 11, 2001;
(2) 911 dispatchers who worked on September 11, 2001 and suffered psychological injury;
(3) members who worked for any period of time within the first 48 hours after the first airplane hit the WTC; and
(4) members who repaired, cleaned or rehabilitated vehicles or equipment, including emergency vehicle radio equipment owned by New York City ("NYC") that was contaminated by debris from the WTC site.
Sections 18, 19 and 20 of the bill amend Workers` Compensation Law("WCL") SS 162, 164 and 168 to allow claimants to file a sworn statement indicating the dates and locations of their participation inthe rescue, recovery and clean-up operations until September 10, 2010,with the date of disablement being determined as the date mostbeneficial to the claimant. Claims for disablements occurring between September 1, 2003 and September 11, 2008 will not be time barred. The time period was to have expired on August 14, 2008.
“We have a profound responsibility to provide those who participated in the rescue, recovery and clean-up efforts in the aftermath of the terrorist attack on September 11, 2001 with the benefits they deserve,” said Governor Paterson. “It is imperative that we continue to provide those workers who face health consequences from their work at Ground Zero with the very best care and the opportunity to apply for disability benefits.”
“We also have a responsibility to better protect patients in New York. Strengthening the disciplinary system for physicians and giving the public more information, combined with enhancing infection control measures, is vital to the safety of all of our citizens,” added Paterson.
Thursday, February 11, 2010
New 911 Photos Dramatically Illustrate Toxic Cloud
ABC secured the release of the photos by a Freedom of Information Act Request to the New York Police Department (NYPD). The photos were taken from an NYPD helicopter immediately following the attack when two large jet liners, loaded with fuel and passenger, were seized by terrorists and crashed into the buildings.
The fight to secure adequate medical care for medical conditions flowing from the exposures has been very problematic. While several local agencies have attempted to provide medical care, the lack of funds and a unified program has left many without appropriate medical care.
Click here to read more about 911 and medical care programs.
Sunday, January 23, 2011
Benefits Available Under the Zadroga 9/11 Victim Compensation Fund
On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.
The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).
Related articles
- Public Meeting on Implementation of the Zadroga 9/11 Heath and Compensation Act
- The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)
- Obama signs Zadroga bill in quiet ceremony (nydailynews.com)
- OSHA Identifies Hazards and Risks of World Trade Center 911 Worksite
- HHA Awards $81 Million for Five-Year Health Screening of World Trade Center Rescue & Recovery Workers
- EPA Downplayed 9-11 Aftermath Toxic Exposures
- World Trade Center Health Registry to Record Those Exposed on 911 for Medical Followup
- Who is Considered a "WTC Responder" under the Zadroga 9/11 Act
Monday, December 3, 2012
Hazards exist in the surface refinishing business
In 2012, a 37-year-old female technician employed by a surface-refinishing business died from inhalation exposure to methylene chloride and methanol vapors while she used a chemical stripper to prep the surface of a bathtub for refinishing. The technician was working alone without respiratory protection or ventilation controls in a small bathroom of a rental apartment. When the technician did not pick up her children at the end of the day, her parents contacted her employer, who then called the apartment complex manager after determining the victim’s personal vehicle was still at the refinishing company’s parking lot.
The factors contributing to this lethal exposure include use of a highly concentrated methylene chloride chemical stripper having poor warning properties (“Low Odor”); working in a small room without local exhaust ventilation to remove chemical vapors or provide fresh air; and working without a respirator that could have protected the employee from exposure.
Read More about "occupational exposure"
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- US Supreme Court Hears Oral Argument on Workplace Harassment Case (workers-compensation.blogspot.com)
- The Devil is in the Details California Style (workers-compensation.blogspot.com)
Monday, January 8, 2024
Not A Violation of Public Policy
In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument, may assert the “violation of public policy” as an allegation.
Friday, April 17, 2020
Back to Work Needs Congressional Support
Tuesday, August 13, 2024
NJ Supreme Court to Review Workplace Insurance Exclusion
The NJ Supreme Court will review whether a workers’ compensation insurance company has a duty to defend an employer against personal injury claims brought by the employer’s employee under an employer's liability insurance policy.
Sunday, October 14, 2007
Workers' Compensation, "'The Dead Elephant' in the Room"
In a series initially focusing on the World Trade Disaster he has shifted his focus in the first two articles from merely the 911 tragedy to the entire system calling workers’ compensation, “”The Dead Elephant’ In the Room.”
World Trade Center In-Depth Series (Part 1): Up in Smoke
World Trade Center In-Depth Series (Part 2): The Disease Within
World Trade Center In-Depth Series (Part 3): Peeling a Sour Apple
Sunday, February 5, 2017
FDA Warns of Allergic Reaction to Hand Sanitizers
Tuesday, February 15, 2011
Agenda Announced for Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act
1. Medical Monitoring for Responders
- Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act
- Benefits Available Under the Zadroga 9/11 Victim Compensation Fund
- World Trade Center Responders Continue to Suffer
- The World Trade Center Health Program Expands The Path to Federalization (workers-compensation.blogspot.com)
- Our responsibility to all 9/11 victims | Lila Nordstrom(guardian.co.uk)
- New 911 Photos Dramatically Illustrate Toxic Cloud
- 5 more fresh articles...
Saturday, February 19, 2011
OSHA Fines NJ Contractor $45,450 For Safety Violations
"Falls are among the deadliest hazards in construction. They can end a life or a career in seconds," said Edward Jerome, OSHA's area director in Albany. "Proper scaffold erection, safe work practices and effective fall protection are critical in protecting workers against this potentially deadly hazard."
OSHA found employees exposed to fall hazards ranging from 27 to 41 feet while working without fall protection on a scaffold that was not fully guarded, climbing atop the scaffold's guardrails and standing on an empty plastic bucket on the scaffold's deck. The agency has alleged that scaffold's tiebacks were not anchored securely, its pulley block was damaged, and it had not been erected by a competent person. Other hazards included an electrical panel box that was not protected against water, a power cord that lacked strain relief, an unguarded grinder blade and a damaged power cord with exposed wiring.
OSHA issued Plato Construction Corp. two repeat citations with $13,200 in proposed fines for the lack of scaffold fall protection and the damaged power cord, and nine serious citations with $32,340 in fines for the remaining items. OSHA issues a serious citation when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The repeat citations stem from OSHA's having cited the company in December 2006 for similar hazards at a Philadelphia, Pa., worksite. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.
"One means of eliminating recurring hazards such as these is for employers to establish an injury and illness prevention program in which workers and management work together to continually eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.
Related articles
- OSHA Issues Bulletin on the Hazards of Exposure to Flavoring Substances (workers-compensation.blogspot.com)
- US Department of Labor`s OSHA Fines Chicago-area Contractor for Failing to Provide Trench Cave-In Protection for Workers (ehssafetynews.wordpress.com)
- NISOH Pocket Guide to Chemical Hazards Available for Free Download (workers-compensation.blogspot.com)
- OSHA Identifies Hazardous and Risks of World Trade Center 911 Worksite
- Benefits Available Under the Zadroga 9/11 Victim Compensation Fund
Wednesday, May 28, 2008
5TH ANNUAL THIS YEAR IN WORKERS’ COMP – THE TOP ISSUES & CASES
http://www.njicle.com/seminar.aspx?sid=558
Hear an expert analysis of key cases decided during the past year
Presented in cooperation with the NJSBA Workers’ Compensation Section
Tuesday, July 08, 2008 4:00 PM to 8:00 PMNew Jersey Law Center, New Brunswick / S1485d-14533
This fifth annual program features a panel of some of the most respected Workers' Conmpensation Judges and attorneys, who will review and provide insight on the top issues and cases that have emerged during the past year.
This fast-paced program will be packed with practical pointers that have proven successful in matters ranging from jurisdictional issues through coverage of employment. The program will expand your horizons and broaden your practice potential into expanding in developing areas of the law such as the Longshore Act, Defense Base Act claims, and actions involving New York jurisdiction, including 9/11 claims. Make plans to register today!
PROVEN STRATEGIES FOR DEALING WITH THE TOP ISSUES CONFRONTING TODAY’S WORKERS’ COMPENSATION ATTORNEYS, INCLUDING…
• Proving that a claim arose out of, and occurred in, the course of the employment: Mojica v. The Valley Hospital
• Interpreting the "Going and Coming Rule" to prove your case: Scott v. Foodarama Supermarkets • Determing jurisdiction of the court: Morella v. Grand Union/New Jersey Self-Insurers Guaranty Association 193 N.J. 350 (2008), Kibler v. Roxbury Bd. of Educ. 392 N.J. Super. 45 App. Div. 2007) , Flick v. PMA Ins. Co. and Kathleen Reed, 394 N.J. Super. 605 (App. Div. 2007)• What you need to know about counsel fees: Alvarado v. J & J Snack Foods Corp.
• How to handle a Longshore and/or Defense Base Act Claim
• What you need to know about NJ 911 exposure filing and proof requirements
...and more
http://www.njicle.com/seminar.aspx?sid=558
Moderator:JON L. GELMAN, ESQ.
Speakers include:
STEPHEN C. EMBRY, ESQ.
NANCY J. JOHNSON, ESQ.
EDGAR N. ROMANO, ESQ.
Click here to print paper registration form http://www.njicle.com/ICLEOrderForm.pdf
Monday, December 9, 2013
Winter Weather Alert: Generators
Dangerous ice and snow is sweeping across the plains, south, and heading east. There are expected to be widespread power outages associated with this large storm. Are you planning on using a portable gas generator to help you during or after the storm this week? When dealing with severe winter weather and power outages some people take unnecessary risks. Do not take extra risks with your generator. It can be deadly. Its invisible odorless CO exhaust can kill you and your family in just minutes. Be safe. Put your generator:
Finally, know the initial symptoms of CO poisoning:
* Minimum distance recommended by the U.S. Centers for Disease Control and Prevention. Here’s more information on carbon monoxide. This address for this post is: http://www.cpsc.gov/onsafety/2013/12/winter-weather-alert-generators/ |
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- Cause of Gas Leak That Killed 2 Colorado Miners Is Sought (workers-compensation.blogspot.com)
- Two miners dead in Colorado, 20 others injured after Ouray blast (workers-compensation.blogspot.com)
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- Replace Your Smoke Alarm and CO Alarm Batteries This Sunday (workers-compensation.blogspot.com)
- "Stand By Your Pan": Cook Safely This Thanksgiving to Prevent Kitchen Fires (workers-compensation.blogspot.com)
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Friday, July 10, 2020
US Supreme Court Bars Employment Discrimination Claims Against Religious Schools
Wednesday, May 6, 2009
California Workers Compensation Fund Alerts Employers and Employees as to Flu
Thursday, April 30, 2009
NIOSH Warns Psychological & Social Support Necessary for Influenza Responders
"This document addresses the psychological and social ("psychosocial") needs of essential service workers during a severe2 influenza pandemic. Essential service workers may include health care workers, public health workers, first-responder organizations, and employees of public utilities, sanitation, transportation, and food and medicine supply-chain companies."
Friday, November 15, 2013
He Got His Wish
Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com
I had put my airplane away for the evening after visiting my mom and dad yesterday, and was exiting the secured gate at the airport when a woman had pulled up and frantically waved me down. Her 88 year old dad was at the airport, his hangar was "right over there" (we could see it from the gate) and his car was parked out front and the door of the hangar was partially open. She was panicking. Her dad ALWAYS was home by 4 p.m., but her mom said he hadn't returned yet - it was about 5:15 when this encounter occurred. So I let her through the gate and escorted her to the hangar where the lights were on and her dad was sitting in the back seat of his Navion, looking asleep. Except he was cold to the touch when I climbed up the ladder to check on him. I called 911, flagged down airport security, and tried as best I could to offer some condolence to Julie (we finally introduced ourselves). I couldn't help but think of the irony that I had just returned from yet another trip dealing with my dad in the hospital, on the border of life and death with all sorts of tubes and wires in him, making sure my mom was taken care of and dealing with the Business of Dad, and Julie's father seemed to have passed peaceably, quickly it seemed, in his airplane, still holding an approach chart in his hand. Julie was distraught and sad, of course, at the sudden death of her father. But she told me that he had always said he wanted to die in his airplane. He got his wish. And that little tale has absolutely... |
Saturday, December 6, 2014
Officials: 2 dead, 12 hospitalized in Passaic incident involving carbon monoxide
Today's post is shared from northjersey.com/ PASSAIC – Two people died and 12 were hospitalized in an incident Saturday involving carbon monoxide at a mixed-use commercial building in Passaic, according to Keith Furlong, the spokesman for the city of Passaic. Police responded to a 911 call around 1:30 p.m. and found two people dead in a small recording studio on the second floor of the building, Mayor Alex Blanco said at a news conference Saturday afternoon. The other 12 victims “experienced confusion and were choking” as they struggled out of other rooms on the floor. A man who identified himself as the property owner declined to comment. The three-story facility is occupied by Streets Rehearsal Studios and has about 20 small rehearsal spaces used by a variety of local musicians and bands, said two musicians at the scene who said they use the space. The injured are being treated at local hospitals, including St. Mary’s in Passaic. Their names were not provided at the new conference. “This is a sad day for the city of Passaic,” Blanco said. The incident at 61 Willet St. drew a... |
Related articles
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- Carbon Monoxide Safety Facts and Tips - How to prevent poisoning from a gas with no odor (workers-compensation.blogspot.com)
- Winter Warning: Portable Generators Hold Top Spot in CPSC Report on Carbon Monoxide Deaths & Incidents (workers-compensation.blogspot.com)
- Winter Weather Alert: Generators (workers-compensation.blogspot.com)
- Safety Tips for Workers Preparing For Hurricane Sandy (workers-compensation.blogspot.com)