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.
Copyright
Tuesday, August 13, 2024
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, July 10, 2020
US Supreme Court Bars Employment Discrimination Claims Against Religious Schools
Friday, April 17, 2020
Back to Work Needs Congressional Support
Sunday, February 5, 2017
FDA Warns of Allergic Reaction to Hand Sanitizers
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... |
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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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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... |
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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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.
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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...
Thursday, February 10, 2011
Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act
- Medical monitoring for responders who were likely to have been exposed to airborne toxins that were released, or to other hazards, as a result of the September 11, 2001, terrorist attacks.
- Initial health evaluation for survivors.
- Follow-up monitoring and treatment for responders and survivors related to World Trade Center-related health conditions.
- Education and outreach to potentially eligible individuals.
- Clinical data collection and analysis.
- Research on health conditions.
- 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)
- NISOH Pocket Guide to Chemical Hazards Available for Free Download (workers-compensation.blogspot.com)
- New 911 Photos Dramatically Illustrate Toxic Cloud
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).
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- OSHA Identifies Hazards and Risks of World Trade Center 911 Worksite
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- Who is Considered a "WTC Responder" under the Zadroga 9/11 Act
Monday, June 14, 2010
Designing a BP Oil Spill Compensation Fund
As the Obama Administration debates the format for an Gulf Oil Spill Compensation the critical factors of funding, administration and longevity of the program remain unresolved. Tonight The PBS News Hour provided only a limited insight into the major issues involved in such a program.
Essential to the program is the adequacy and efficiency of the delivery of benefits to injured and exposed workers. While comparisons continue to be drawn to the the longest tort in American history, asbestos, and the Victims Compensation Fund of 911, sight continues to be lost of the injured and exposed workers who have been faced with a basic workers' compensation system that for the most part, failed to adequately miss their needs.
Daniel Farber, Director of the environmental law program at the University of California, Berkeley's Law School highlighted some of the design failures of the past in Federal programs when he stated, "Well, I don't know if we need a custom-built scheme for BP, but I think that this has shown a genuine problem, both here, but also with other kinds of environmental disasters, with public health disasters, which is that we have a very long litigation process, and people may need help right away."
Missing from the discussion, yet again, are the injured workers, the employers, the workers' compensation insurance carriers and their advocacy groups discussing the essential issue of compensating oil spill workers. History teaches us that in the past Federal programs have missed the mark in creating adequate programs to meet the needs of compensating injured workers. Hopefully, the opportunity will not be lost this time to create a viable, fair and exemplary program.
To read more about petroleum exposure and workers' compensation.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Wednesday, April 7, 2010
World Trade Center Responders Continue to Suffer
"Conclusion: Exposure to World Trade Center dust led to large declines in FEV1 for FDNY rescue workers during the first year. Overall, these declines were persistent, without recovery over the next 6 years, leaving a substantial proportion of workerswith abnormal lung function."
Click here to read more about 911 WTC claims.
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
Medical Criteria Swamp for WTC First Responders
The recent plan offered by the WTC Captive Insurance Company, and rejected by the Court, sets forth elaborate eligibility and disability criteria. The 96 page agreement, and accompanying exhibits, outlining the settlement process provides insight into struggle.
Drawing from far and wide, the proposed agreement tries to cover all potential diseases and schedule them.
"To constitute a Qualifying Injury, an alleged injury must satisfy all three of the following components of the Medical Proof Criteria: (i) it must be one of the “Qualifying Injuries” listed expressly in the tables immediately below; (ii) it must meet the “Diagnostic Criteria” applicable to the Disease Group in which the Qualifying Injury is listed in the tables immediately below; and (iii) it must satisfy the “Impairment Criteria” for the Disease Group in which the Qualifying Injury is listed in the tables..."The sources include:
"European Respiratory Society/American Thoracic Society COPD Guidelines – 2005; ATS/ERS Criteria for Diagnosis of Idiopathic Pulmonary Disease in Absence of Surgical Lung Biopsy; Global Initiative for Asthma/World Health Organization; American College of Chest Physicians Consensus Statement; British Society for Allergy and Clinical Immunology guidelines for the management of rhinosinusitis and nasal polyposis. Scadding GK; Durham SR; Mirakian R; Jones NS; Drake-Lee AB; Ryan D; Dixon TA; Huber PA; Nasser SM - Clin Exp Allergy. 2008 Feb; 38(2):260-75. Epub 2007 Dec 20.
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."
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.