Defense Base Act Claims: More Private Military Contractors Head for Iraq

A Shi'ite fighter walks during an intensive security deployment against Islamic State militants in Balad, north of Baghdad December 15, 2014. REUTERS/Mahmoud Raouf Mahmoud As the US begins to deploy military troops back to Iraq  the number of private military ccontractors will also increase. Logically the number of Defense Base Act claims will also begin to esculate as injuries and illnesses with increase   Today's post is shared from reuters.com/ The U.S. government is preparing to boost the number of private contractors in Iraq as part of President Barack Obama's growing effort to beat back Islamic State militants threatening the Baghdad government, a senior U.S. official said. How many contractors will deploy to Iraq - beyond the roughly 1,800 now working there for the U.S. State Department - will depend in part, the official said, on how widely dispersed U.S. troops advising Iraqi security forces are, and how far they are from U.S. diplomatic facilities. Still, the preparations to increase the number of contractors - who can be responsible for everything from security to vehicle repair and food service - underscores Obama's growing commitment in Iraq. When U.S. troops and diplomats venture into war zones, contractors tend to follow, doing jobs once handled by the military itself. "It is certain that there will have to be some number of contractors brought in for additional support," said the senior U.S. official, speaking on condition of anonymity. After Islamic State seized large swaths of Iraqi territory and the major city of Mosul in June, Obama ordered U.S. troops back to Iraq. Last month, he authorized roughly...

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US Burn Pit Legislation: Bipartisan Bill to Evaluate US Troops Exposure to Toxic Burn Pits

Reps. Tulsi Gabbard (HI-02) and Brian Mast (FL-18), along with Iraq and Afghanistan Veterans of America (IAVA), hosted a press conference today urging their colleagues to support and pass the Burn Pits Accountability Act (H.R. 5671). The bipartisan legislation would evaluate the exposure of U.S. servicemembers to open burn pits and toxic airborne chemicals.

Chemical Exposure in Iraq Claims Soldier

The death of an Indian National Guard member has been alleged to have been caused by a chemical exposure at an Iraq worksite. 

The terminal cancer of Lt. Colonel Jim Gentry, age 52,  has been attributed to an exposure to sodium dichloride. His unit was assigned to guard American contractors who were restoring the oil fields. The contractor, KBR, has been blamed for the negligent release of the chemical and exposures in the Qarmat Ali Water Treatment plant. Litigation is ongoing.

The US military is presently reviewing the extent of the chemical release and the consequences. The US Senate recently held hearings concerning the safety and health of soldiers deployed to Iraq who may have been exposed to hazardous chemicals at contractor worksites.

Click here to read more about the chemical exposures in Iraq.

Click here to read more about the Iraq worksite chemical exposure cancer claims.

New research links Iraq dust to ill soldiers

Dozens of Iraqi veterans have been diagnosed with constrictive bronchiolitis, a narrowing of the lung's smallest passageways.(Photo: Jim Watson, AFP) WASHINGTON — Titanium and other metals found in dust at a base in Iraq have been linked to the dust found in six sick soldiers' lungs, according to a study set to be released Monday. "We biopsied several patients and found titanium in every single one of them," said Anthony Szema, an assistant professor at Stony Brook School of Medicine who specializes in pulmonology and allergies. "It matched dust that we have collected from Camp Victory" in Iraq. The dust is different from dust found elsewhere in that human lungs are unable to dispel it through natural immune-system processes. The Iraq dust comes attached to iron and copper, and it forms polarizable crystals in the lungs, Szema said. The particles — each bit 1/30th the size of a human hair — have sharp edges. "They've inhaled metal," Szema said. "It's not a little; it's a lot." All of the veterans came in for help because they were short of breath, said Szema, who also heads the allergy clinic at the Veterans Affairs Medical Center in Northport, N.Y. Dozens have been diagnosed with constrictive bronchiolitis, a narrowing of the lung's smallest passageways that occurs only after exposure to an environmental toxin or in lung-transplant patients. There are several theories as to why the dust is different, said Szema, who will...

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President Biden Supports Burn Pits Exposure Benefits for Veterans

Veterans who suffer from medical conditions following exposure to toxic burn pit hazards and chemicals received support from President Biden last night. President's State of the Union Address included strong presidential support for health care benefits and wartime disability compensation. A burn pit is used to burn solid waste in open-air without equipment.

From Hand to Mouth - Workers Need To Be Concerned About Chemical Safety

The inadvertent and dermal conceptual model

A recently published a paper about the inadvertent ingestion of chemicals at work from contact between the mouth and contaminated hands or objects highlights how dangerous exposure could occur at work.  The inadvertent ingestion is a potentially significant source of occupational exposure and there needs to be a greater focus on assessment of risks from hand-to-moth contacts and more done to control such risks.

"The latest research is part of a project to develop a predictive model to estimate inadvertent ingestion exposure. To better understand this route of exposure we developed  a new integrated conceptual model for dermal and inadvertent ingestion. It consists of eight compartments (source, air, surface contaminant layer, outer clothing contaminant layer, inner clothing contaminant layer, hands and arms layer, perioral layer, and oral cavity) and nine mass transport processes (emission, deposition, resuspension or evaporation, transfer, removal, redistribution, decontamination, penetration and/or permeation, and swallowing) that describe event-based movement of substances between compartments (e.g. emission, deposition, etc.). We plan to use the conceptual model to guide the development of predictive exposure models for both the dermal and the inadvertent ingestion pathways."

Gorman Ng M, Semple S, W Cherrie J, et al. The Relationship Between Inadvertent Ingestion and Dermal Exposure Pathways: A New Integrated Conceptual Model and a Database of Dermal and Oral Transfer Efficiencies. Ann Occup Hyg Published Online First: 23 July 2012. doi:10.1093/annhyg/mes041

Cherrie JW, Semple S, Christopher Y, et al. How important is inadvertent ingestion of hazardous substances at work?Ann Occup Hyg 2006;50:693–704.
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For over 3 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.
Read more about "Chemical Exposures:

Workers' Compensation: Chemical Exposure in Iraq Claims Soldier

Dec 18, 2009

Chemical Exposure in Iraq Claims Soldier. The death of an Indian National Guard member has been alleged to have been caused by a chemical exposure at an Iraq worksite. The terminal cancer of Lt. Colonel Jim Gentry, age ...

http://workers-compensation.blogspot.com/

Occupational Chemical Exposures Continue to Take an Enormous

Mar 26, 2011

Chemical exposures continue to impact health and result in an enormous burden on human life. Over 4.9 million deaths world-wide and 86 million Disability-Adjusted Life Years were attributed to environmental exposure and...

http://workers-compensation.blogspot.com/

EPA Finalizes Cleanup Plan for Scientific Chemical Processing

Oct 05, 2012

The extent and nature of potential health effects depend on many factors, including the level and length of exposure to the pollution. From the 1940s to 1980, what is now referred to as the Scientific Chemical Processing site ...

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Lawsuit Filled Alleging Asbestos Exposed Chemical Worker ...

Jul 10, 2010

A lawsuit was filed alleging that a former chemical operator at Hoffman-LaRoche in Nutley, New Jersey was exposed to asbestos fiber and died of mesothelioma. The lawsuit filed in New Jersey Superior Court asserts that he...

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The Toxic Legacy in Iraq

The Public Education Center (PEC) has published the second in a series of investigative articles concerning the toxic exposure of Army National Guard Units to cancer-casuing chemicals allegedly released by a government contractor, KBR, Inc.

The exposure was a result of a release by KBR, Inc. to, “...dichromate, a rust-fighting industrial chemical and highly-concentrated hexavalent chromium compound, Hexavalent chromium.” Hexavalent chromium has been described as the most toxic chemical known to man.

The series entitled, “No Contractor Left Behind,” chronicles “...chronicles how a toxic time bomb followed three Army National Guard units home from Iraq. It reveals how a notorious military contractor exposed American soldiers to a cancer-causing carcinogen on the battlefield and how the Pentagon tried to downplay the consequences. And it describes how Congress has relegated its investigation to a toothless forum that lacks the political clout and oversight powers to ensure effective accountability.”

A law suit has been filed by 30 West Virginia National Guardsman because of the exposure. Last month a Pittsburg shoulder who served in Iraq and was also exposed filed a law suit seeking damages for the consequences of his exposure.

For additional article on the Halliburton-KBR Litigation click here.

Rubio, Gillibrand Introduce Landmark Burn Pits Legislation to Help Veterans

U.S. Senators Marco Rubio (R-FL) and Kirsten Gillibrand (D-NY) introduced the bipartisan and bicameral Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act. U.S. Representatives Raul Ruiz, M.D (D-CA) and Brian Fitzpatrick (R-PA) will introduce the legislation in the U.S. House of Representatives. This bill would provide presumptive U.S. Department of Veterans Affairs benefits to servicemembers who have deployed and have illnesses due to exposure to burn pits and other toxins. Approximately 3.5 million veterans have been exposed to burn pits that spewed toxic fumes and carcinogens into the air.

VA pays out $200 million for nearly 1,000 veterans’ wrongful deaths

Today's post was shared by FairWarning and comes from cironline.org

An Iraq War veteran with post-traumatic stress disorder and a history of drug dependency is found dead on the floor of his room at the U.S. Department of Veterans Affairs hospital in West Los Angeles after doctors give him a 30-day supply of the anti-anxiety medication alprazolam and a 15-day supply of methadone. In Shreveport, La., a veteran overdoses on morphine while housed in a locked VA psychiatric unit. In a Minnesota VA psych ward, a veteran shoots himself in the head. In Portland, Ore., a delusional veteran jumps off the roof of the VA hospital. These are some of the deaths that resulted in more than $200 million in wrongful death payments by the Department of Veterans Affairs in the decade after 9/11, according to VA data obtained by The Center for Investigative Reporting. In that time, CIR found the agency made wrongful death payments to nearly 1,000 grieving families, ranging from decorated Iraq War veterans who shot or hanged themselves after being turned away from mental health treatment, to Vietnam veterans whose cancerous tumors were identified but allowed to grow, to missed diagnoses, botched surgeries and fatal neglect of elderly veterans. “It wasn’t about the money, I just thought somebody should be held accountable,” said 86-year-old Doris Street, who received a $135,000 settlement in 2010 as compensation for the 2008 death of her brother, Carl Glaze. The median payment in VA wrongful death cases was $150,000. Click for larger image Glaze, a...

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Defense Employer Ordered to Pay Medical for Lung Disease Caused by Burn Pit Exposure

In a decision that will have significant impact on potentially thousands of injured workers, a Court has ruled that a private military contractor for the US Defense Department during the Iraq and Afghanistan conflicts is responsible for the payment of employee’s medical treatment required after manifesting lung disease (bronchiolitis) from exposure to burn pits maintained during the war.

Public Disclosures Don't Bar Halliburton FCA Suit, Court Says

Today's post is shared from law360.org. The False Claims Act’s public disclosure bar does not prevent a water purification specialist's lawsuit accusing Halliburton Co and KBR Inc of violating contractual duties to test and purify lavatory and drinking water used by U.S. troops in Iraq, a federal court in Virginia ruled on Thursday. The FCA’s public disclosure bar jurisdictionally bans claims based on matters that were publicly disclosed unless the relator was the original source of the allegations. Although the court ruled that the companies did make public disclosures about the information at-issue, it determined that it was more likely than not that whistleblower Benjamin Carter did not base his claims on that information. “Carter has shown that he had independent knowledge of the facts underlying his claim and that he derived his allegations from his own independent knowledge,” the court wrote. Carter, a former reverse osmosis water purification unit operator, has long been locked in a legal battle against Halliburton and KBR affiliate Kellogg Brown & Root Services Inc. over claims they billed the government for water purification work they never did at U.S. bases in Al Asad and Ar Ramadi, Iraq. Halliburton had argued that Carter got his information from prior allegations brought against the oil company, but the district court ruled that Carter based his claims on first-hand experiences. “Although the...

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Hexavalent Chromium Cleanup Progressing With Building Demolition in Garfield NJ

The U.S. Environmental Protection Agency today announced that it has demolished the E.C. Electroplating building at the Garfield Ground Water Contamination Superfund site in Garfield, New Jersey. Areas underneath the building, located at 125 Clark Street, are contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. The EPA continues to assess and, if needed, clean up nearby basements. The demolition of the building will allow the EPA to remove contaminated soil that is a likely source of chromium contamination in the ground water.

Hexavalent chromium is extremely toxic, may cause cancer and nervous system damage. Prior to the demolition of the structure, the EPA met with community members and local officials to keep them informed, coordinate activities and ensure public safety.

“The EPA has safely taken down the former E.C. Electroplating building, an important step in the agency’s work to protect the health of the Garfield community,” said EPA Regional Administrator Judith A. Enck. “Our next step is to assess the best way to address the chromium contaminated soil that is underneath the structure.

The EPA’s sampling had shown that the parts of the E.C. Electroplating building above the foundation slab were not contaminated with hexavalent chromium, but two basements and the soil under the structure were contaminated. The structure had to be demolished to access the contaminated soil underneath. The industrial materials and building debris left at the E.C. Electroplating site have been removed and disposed of at facilities licensed to receive the waste. Over 600 cubic yards of debris and over 325 drums of hazardous waste were removed from the site. The demolition work began on October 12, 2012 and was completed on October 22, 2012.

Throughout the demolition work, the EPA followed strict work procedures to protect public health. Dust was controlled and the air was monitored to ensure that contamination was not getting into the community during the demolition. Air monitoring data showed that there have been no hazardous levels of hexavalent chromium, total chromium, lead or cadmium.

As part of its longer-term work, the EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation is ongoing and will allow the EPA to develop a proposed plan for the cleanup of chromium-contaminated ground water.

For a complete history of the EPA’s work at the Garfield Ground Water Contamination Superfund site please visit: http://www.epa.gov/region2/superfund/removal/garfield.

....
For over 3 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 work related accident and injuries.

Read more about "Chromium Contamination"

EPA to Demolish Contaminated Building at Toxic Superfund Site in ...

Aug 09, 2012

The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, ...

http://workers-compensation.blogspot.com/

Defense Department to Investigate Hexavalent Chromium Exposure

Oct 03, 2009

Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Soldiers Exposed to Chromium in Iraq File ...

Jun 09, 2009

Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...

http://workers-compensation.blogspot.com/

The Time for a Hexavalent Chromium Safety Standard Is Now

Nov 23, 2010

EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...

http://workers-compensation.blogspot.com/

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Dr. Ruiz Announces Progress on Burn Pits Bill

For the first time, the bipartisan Burn Pits Registry Enhancement Act has a bipartisan companion in the Senate and is closer than ever to becoming law.

Burn Pit Claims: US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination

In a 5-4 decision authored by Justice Breyer, the US Supreme Court reversed a lower court and remanded the case allowing a veteran to sue the state of Texas. It held under the US Constitution that the States agreed it would yield their sovereignty to the Federal Government to raise and support the Armed Forces.

Asbestos Exposure Occurs When Old Pipe Bursts

The nation's crumbling infrastructure continues to cause workers to be exposed to deadly abestos fiber. Today in Boston a steam pipe burst near Boston City Hall exposing the population to cancer causing asbestos fiber.

Asbestos continues to be a major health hazard since it remains in construction material exposuing workers to potential latent disease such as: asbestosis, lung cancer and mesothelioma. The US has yet to ban asbestos.

While hazmat workers rushed to the scene in an attempt to contain and repair the leak, the accident exemplies the need for workers to continue to be educated about safety proceedures in handling asbestos fiber.

The workers' compensation and civil justice system continues to be available for those who have been exposed and require medical surveillance. Exposed individuals need to take action within a prescribed time period after an exposure and should consult with an attorney at law for guidance inorder to protect their rights under the law.

....

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 3 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.

Read More About Asbestos

Workers' Compensation: Deadly Asbestos Exposure Threat Left by ...

Nov 04, 2012

The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...

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NJ Company Found Guilty of Dumping Asbestos into Wetlands in ...

Oct 18, 2012

Workers continue to be exposed to asbestos during removal and abatement projects. It is imperative that asbestos be removed in a safe and prescribed manner to avoid any unnecessary disease and illness. Merely "dumping" ...

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OSHA Cites Employers for Exposing Workers to Asbestos

Sep 14, 2012

"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...

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Asbestos Ban In Canada Gets Boast - Parti Quebecois Wins Election!

Sep 04, 2012

The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .

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EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J

U.S. Environmental Protection Agency Regional Administrator Judith A. Enck was joined today by New Jersey Senator Frank R. Lautenberg, Senator Robert Menendez and Congressmember Bill Pascrell, Jr. as she announced that the EPA will safely demolish the E.C. Electroplating building at the Garfield Superfund site in Garfield, New Jersey. The building, located at 125 Clark Street, is contaminated with hexavalent chromium that is reaching the basements of some area residences and businesses through the ground water. Hexavalent chromium is extremely toxic, may cause cancer and can cause nervous system damage. The Regional Administrator and members of Congress were joined by Garfield Mayor Joseph Delaney, local officials and community members to review progress and discuss the ongoing Superfund cleanup at the former electroplating facility.

“The EPA has done a great deal of work since 2002 to reduce the health risks to the people who live and work in the area of Garfield affected by chromium contaminated ground water,” said EPA Regional Administrator Judith A. Enck. “Today we’re pleased to announce that we’re ready to take a step forward in the long-term cleanup of the Garfield Superfund site.”

Preliminary sampling shows that parts of the E.C. Electroplating building, its two basements and the soil located under the structure are contaminated with the chemical hexavalent chromium. The structure needs to be demolished in order to properly dispose of the contaminated sections of the building and to remove the contaminated soil underneath. The EPA tested the industrial materials left at the former E.C. Electroplating and will safely remove and properly disposed of them at licensed facilities.

The EPA is currently preparing the building for demolition by removing over 220 drums and cleaning the building surface. The agency will work closely with local officials to determine the best time to do the demolition and will hold a community meeting before demolition begins to inform area residents and building owners about the work. Strict procedures will be followed to control dust during the demolition, with special attention paid to the Garfield No.7 School and to a daycare center located near the site. The EPA will establish an air monitoring network to ensure that contamination is contained during the demolition work. The air monitoring plan will be shared with the public before work begins. The demolition work is presently scheduled to take place in October.

Ground water underlying the site is also contaminated with the hexavalent chromium and is seeping into basements in some Garfield homes and businesses. Drinking water for Garfield comes from the Garfield Municipal Water Supply, which is not contaminated and is routinely tested to ensure that it meets federal and state drinking water standards, which it does.

The Garfield Superfund site, which is located in a mixed commercial and residential neighborhood, is bordered by Van Winkle Avenue to the north, Monroe Street to the south, Sherman Place to the east, and the Passaic River to the West. Historically, industrial facilities in Garfield were located in close proximity to residential areas, including a tannery, a chemical plant and two electroplating companies. Some of these facilities used hexavalent chromium in their processes and the nearby ground water is now contaminated with the chemical. In June 1993, water containing hexavalent chromium and dried crystals of chromium was discovered in the basement of Garfield Fire House #3. In 2002, at the request of the New Jersey Department of Environmental Protection, the EPA began its investigation of ground water contamination in Garfield.

In September 2010, the federal Agency for Toxic Substances and Disease Registry issued a health advisory recommending that the EPA continue to take steps to minimize people’s exposure to the contamination and that it expedite a long-term cleanup. The site was added to the federal Superfund list in 2011.

The EPA used its Superfund’s emergency response authority in Garfield to address the immediate health threats in properties where ground water had carried hexavalent chromium into basements. Over 500 homes and businesses have been inspected for hexavalent chromium contamination and over 2,000 samples have been analyzed. The EPA has found about 15 properties that require cleanups to protect occupants from unacceptable levels of chromium that have seeped into their basements. The EPA has an ongoing inspection and assessment program to assist any concerned residents within the impacted area.

The EPA has established a network of ground water monitoring wells to determine the extent of chromium contamination in the ground water. This in-depth investigation will allow the EPA to determine how best to clean up chromium contaminated ground water.

Superfund is the federal cleanup program established by Congress in 1980 to investigate and clean up the country’s most hazardous waste sites. When sites are placed on the Superfund list, the EPA looks for parties responsible for the pollution and requires them to pay for the cleanups. In this instance, the EPA has identified E.C. Electroplating as a company that may be liable for the cleanup. The company, however, alleges it lacks funds to conduct any cleanup. To date, the EPA’s cleanup costs for this site exceed four* *million dollars. The EPA is continuing its search for other parties responsible for the contamination at the site.

For more information about the Garfield site, visit: http://www.epa.gov/region2/superfund/removal/garfield.

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and visit our Facebook page, http://www.facebook.com/eparegion2.

Articles About Chromium

The Time for a Hexavalent Chromium Safety Standard Is Now

Nov 23, 2010

EPA announced the release of the Toxicological Review of Hexavalent Chromium in the September 30, 2010, Federal Register. This draft assessment is provided for public viewing and comment. Public comments received on ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Soldiers Exposed to Chromium in Iraq File ...

Jun 09, 2009

Soldiers Exposed to Chromium in Iraq File Suit. Soldiers who have been exposed to hexavalent chromium, a carcinogen, have filed suit against a government contractor. The present and former soldiers have brought a claims ...

http://workers-compensation.blogspot.com/

Defense Department to Investigate Hexavalent Chromium Exposure ...

Oct 03, 2009

Chromium exposure has been associated with lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent ...

http://workers-compensation.blogspot.com/

New OSHA Booklet Sets Forth Hexavalent Chromium Standard

Jan 14, 2010

"Hexavalent chromium is a powerful lung carcinogen and exposure to this chemical must be minimized," said Assistant Secretary of Labor for OSHA David Michaels. "OSHA provides guidance on its standards to ensure that ...

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GOP Majority’s Agenda Includes Fast Action On Health Law Issues

Today's post was shared by Kaiser Health News and comes from kaiserhealthnews.org

News outlets report that Mitch McConnell, R-Ky., the Senate's new majority leader, plans to take action to undo some parts of the health law, but he acknowledges that a full repeal is unlikely. Also, some reports examine goals of other Republican congressional leaders The Washington Post: New Senate Majority Leader’s Main Goal For GOP: Don’t Be Scary Mitch McConnell has an unusual admonition for the new Republican majority as it takes over the Senate this week: Don’t be “scary.” The incoming Senate majority leader has set a political goal for the next two years of overseeing a functioning, reasonable majority on Capitol Hill that scores some measured conservative wins, particularly against environmental regulations, but probably not big victories such as a full repeal of the health-care law. McConnell’s priority is to set the stage for a potential GOP presidential victory in 2016. (Kane, 1/4) The Associated Press: New GOP Senate Chairmen Aim To Undo Obama Policies Republican senators poised to lead major committees when the GOP takes charge are intent on pushing back many of President Barack Obama's policies, ... Tennessee's Lamar Alexander, 74, is a former education secretary under President George H.W. Bush, governor and president of the University of Tennessee. … He's called the health care law a "historic mistake" and supports repealing it. He's also said modernizing the National Institutes of Health and Food and...

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No Judges, No Justice

The LHWCA covers claims for longshoremen and shipbuilding and repair workers.

Today's post comes from guest author Jay Causey, from Causey Law Firm.

Some months ago, I reported about a slowdown in the processing of claims under the Longshore and Harbor Workers’ Compensation Act and allied statutes.  The LHWCA was enacted in 1927, and through amendments over the years has been broadened to include injury and disease claims for longshoremen and shipbuilding and repair workers. Expansion of the program in 1941 resulted in the Defense Base Act, covering employees of military contractors working abroad. With our ten-year presence in Afghanistan and Iraq, a large cohort of injured workers has fallen under the DBA in recent years.

Underfunding of ALJ positions within the Department of Labor routinely results in long delays for the hearing and decision making in claims, often meaning claimants are without any coverage for years.

In another segment of its Breathless and Burdened report (subsequent to the one I recently posted about, concerning how black lung victims are routinely having their claims denied as a result of coal company-sponsored evaluations at Johns Hopkins), the Center for Public integrity has now reported on the extreme reduction of the number of administrative law judges within the US Department of Labor who hear and decide claims under the LHWCA and DBA. The center reports that the number of ALJ’s, nationwide, it has fallen to 35, from 41 earlier in 2013 and 53 a decade ago. This has occurred in the context of a 68% rise of new cases before the office of administrative law judges, and 134% increase in pending cases.
Underfunding of ALJ positions within the Department of Labor routinely results in long delays for the hearing and decision making in claims, often meaning claimants are without any coverage for years. Longshore and military contractor employers and their insurance companies, knowing that the adjudicative process in contested claims has become ridiculously long, are emboldened to sit on monies that are clearly owed to injured workers.  In addition to the injustice to entitled injured workers resulting from this administrative chaos, to the extent that an injured workers medical benefits and indemnity payments are pushed to other systems, such as Medicare, Social Security, and state disability systems, the costs of the Longshore system are shifted to the federal tax payer and away from the employers and their carriers who should appropriately bear the burden.
Read about the specifics of particular cases in the Center’s report here.

Photo credit: Markus Brinkmann / Foter.com / CC BY-SA

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What Do We Know About the Chemical That Just Spilled in West Virginia?

Today's post was shared by Mother Jones and comes from www.motherjones.com

The chemical that leaked yesterday into a West Virginia river "hasn't been studied very well," says Deborah Blum, a New York Times science columnist who specializes in reporting on chemistry. A state of emergency was declared for nine West Virginia counties yesterday after a chemical called 4-Methylcyclohexane Methanol spilled into the Elk River. The chemical is "used to wash coal of impurities," according to the Times. The chemical leaked from a holding tank owned by a company called Freedom Industries, according to West Virginia American Water, a water company operating in the region. At present, the nine counties are under a "do not use" advisory from West Virginia American Water, and residents there do not know when they will be able to turn on their taps. A rush on bottled water subsequently ensued, as documented in this tweet from a local news anchor: Undoubtedly much more information will emerge on 4-Methylcyclohexane Methanol and how dangerous it is (or isn't) in water. But to start things off we turned to Blum, who was just a guest on our Inquiring Minds podcast. "We know methanol is toxic, we know that methylcyclohexane is moderately toxic, but I haven't seen a full analysis of the entire formula," says Blum....

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