Workers' Compensation

Tuesday, May 29, 2012

Law Firm Bankruptcy: The Saga of Dewey & LeBoeuf

The downward spiral of workers' compensation filings has had severe economic impact throughout the legal profession. Dewey & LeBoeuf's collapse signals a major change in employment law. It is a contributing consequence of the continued decline workers' compensation claims.

Yesterday headlines announced the largest law firm bankruptcy filing in the history of the United States. Dewey & LeBoeuf. It was a law firm with a significant employment litigation practice.

The firm handled the defense of employment related matters including: discrimination complains, sexual harassment and discrimination claims. It assisted employers in the defense of claims arising out of mass layoffs and plant closing, age discrimination and disability matters. These claims are usually intertwined with workers' compensation matters, which have been the genesis for many collateral employment law related claims.

As workers' compensation laws become more restrictive, fewer employment law claims emerge. The present downward trend of workers' compensation claims continues. The consequences of this decline will impact the the practice of employment law forever.

Click here to read: Dewey's Post-Mortem Is Likely to Drag On

"Client bills can be tough enough to collect when a firm is in business. But once a firm goes under and the client-law firm relationship dissolves, collection suddenly gets much harder, say legal experts. "Suddenly, clients start complaining that the fees were too high; that the firm committed malpractice," said Jerome Kowalski, a New York-based consultant to law firms and expert on law-firm dissolutions."

Thursday, May 24, 2012

Occupational Exposure to Silica During Hydraulic Fracking

While focus has been on environmental concerns with the advent of fracking, a process to release oil and gas, a new concern has emerged over the potential occupational exposure to silica by workers who are involved in the process. The National Institute for Occupational Safety and Health has published information focusing on these safety concerns.

Silica exposure has long been recognized as a compensable occupational condition in a majority of jurisdictions. A sandblaster who was required to use several 100 pound bags of silica each day and who, as a result of the inhalation of silica dust, developed silicosis was awarded compensation benefits in the form of both disability and medical benefits. Sharp v. Paterson Monument Co., 9 N.J.Super. 476, 75 A.2d 480 (Co.1950). The increased risk for occupational exposure to tuberculosis (TB) is recognized among healthcare and other workers exposed to persons with active TB and workers exposed to silica or other agents that increase the progression from latent to active TB. CDC Proportionate Mortality from Pulmonary Tuberculosis Associated With Occupations—28 States, 1979–1990. MMWR 1995; Vol. 44/No. 1:14-19.

Click here to read more: Worker Exposure to Crystalline Silica During Hydraulic Fracturing

"Hydraulic fracturing or “fracking” is the process of injecting large volumes of water, sand, and chemicals into the ground at high pressure to break up shale formation allowing more efficient recovery of oil and gas. This form of well stimulation has been used since the late 1940s, but has increased substantially over the last 10 years with the advent of horizontal drilling technology that greatly improves access to gas deposits in shale. Approximately 435,000 workers were employed in the US oil and gas extraction industry in 2010; nearly half of those workers were employed by well servicing companies, which includes companies that conduct hydraulic fracturing (BLS)."

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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 work related accident and injuries.

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Whose to Blame for Opioid Abuse in Workers' Compensation Claims?

English: From: United States Department of Jus...

(Photo credit: Wikipedia)

A recent Texas case holding an employer liable holding an employed liable for a fatal opioid overdose arising out of work-related event highlights again that, the workers' compensation medical delivery system just isn't working. Efforts by Industry to "reform" the system. by limiting benefits. is a misdirected knee-jerk reaction, and not one that will address the symptoms of the problem, a failed medical delivery system.

Click here to read more: Opioid death liability falling on employers--Court rulings compel benefits payments

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Wednesday, May 23, 2012

Are You My Mother?

Sorting out dependency status in a workers' compensation claim can be as confusing as the questions classic novel posed in P.D. Eastman's children's story, "Are You My Mother?" The US Supreme Court ruled, (Astrue v. Capato) that for the eligibility requirements of Social Security, that children conceived after a father's death are not to be considered a dependent. In Vitro Fertilization (IVF) will pose yet another intriguing question for the multitude of state workers' compensation programs to sort out.

Click here to read more: Supreme Court Denies Benefits for Children Conceived After Father's Death (Jurist)

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OSHA Targets Fall at New Jersey Companies

US Department of Labor's OSHA issues 'call to action' to
New Jersey construction companies to prevent worker falls

Robert Kulick, OSHA regional administrator in New York

Following four recent construction incidents that took place in Northern New Jersey, the U.S. Department of Labor's Occupational Safety and Health Administration is calling on construction companies to ensure that employees working above 6 feet have the proper equipment to protect themselves from falls on the job.

OSHA has opened investigations following a worker fall through a roof into a vat of acid in Clifton, N.J.; a worker fall from the roof on a residential construction site in Bayonne, N.J.; a worker fall while installing a steel frame in Madison, N.J.; and a worker fall from an aerial lift in Secaucus, N.J.

"This is a call to action for every contractor in the state," says Robert Kulick, OSHA regional administrator in New York. "These incidents are tragic reminders of the dangers posed to workers when they are not adequately protected from fall hazards."

There are a number of ways to protect workers from falls, including guardrail systems, safety net systems and personal fall arrest systems, including properly anchored body harnesses and lanyards, as well as the use of safe work practices and thorough training. "Whether working on a roof, a scaffold or in an aerial lift, all workers must have and correctly use the proper equipment to prevent falls," Kulick adds.

In April, Secretary of Labor Hilda L. Solis announced a new campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

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.

Employers Now Banning Cell Phone Use

A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation laws.

Click here to read the survey results:

Companies Increasingly Concerned About Employee Use of Cell Phones While Driving

"The number of commercial fleet operators that have adopted written policies pertaining to employee use of cell phones while driving on-the-job has increased 29% in the past year – from 62% to 80% – according to the second annual survey of more than 900 transportation and fleet professionals conducted by ZoomSafer."

Tuesday, May 22, 2012

ICD-10 Is Coming

CMS will initiate enforcement action after June 30, 2012 to enforce compliance to ICD-10 coding.

1. The compliance date for upgrading to Version 5010 standards for electronic health transactions was January 1, 2012; CMS enforcement discretion is in place until June 30, 2012.

2. The transition to ICD-10 for medical diagnosis and inpatient procedure coding is coming.

CMS utilizes ICD data for Medicare Secondar Payer Act (MSP) enforcement.

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