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(c) 2010-2026 Jon L Gelman, All Rights Reserved.
Showing posts sorted by date for query asbestos. Sort by relevance Show all posts
Showing posts sorted by date for query asbestos. Sort by relevance Show all posts

Wednesday, July 1, 2026

EPA's Asbestos Rule Awaits Data

How EPA's Request for Information on Legacy Asbestos Fits Into the Regulatory and Workers' Compensation Picture

Thursday, June 25, 2026

Roundup Shields, Workers Lose

Monsanto Co. v. Durnell, 609 U. S. ___ (2026): the Supreme Court holds that FIFRA expressly preempts a state failure-to-warn claim, and the ripple reaches workers' compensation.

Friday, June 12, 2026

Asbestos Burden Persists Quietly

What a new national study reveals about mesothelioma, occupational exposure, and the future of workers' compensation claims.

Friday, May 29, 2026

Medicaid Care Workers: Not Jointly Employed

 In a significant ruling for the home care and Medicaid services industry, the United States Court of Appeals for the Third Circuit affirmed that a financial management services vendor does not qualify as a joint employer of home care workers under the Fair Labor Standards Act (FLSA). The decision in Talarico v. Public Partnerships LLC, decided May 19, 2026, carries important implications for workers' compensation coverage, overtime liability, and the rights of workers who are exposed to occupational hazards, including asbestos, in home health settings.

Tuesday, May 5, 2026

OSHA Violations: Workers’ Compensation Impact

A willful OSHA violation is serious, but in New Jersey, it is not a magic key that unlocks the door to civil litigation against an employer. Over a decade after the New Jersey Supreme Court’s landmark ruling in Van Dunk v. Reckson Associates Realty Corp., 210 N.J. 449 (2012), that foundational principle remains firmly in place and continues to shape how injured workers, employers, and practitioners navigate the intersection of OSHA enforcement and the workers’ compensation system.

Monday, April 27, 2026

Roundup's Reach: Workers' Compensation at Stake

Today the Supreme Court heard one of the most consequential pesticide preemption cases in decades. At stake: whether state failure-to-warn claims against Monsanto's Roundup herbicide are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The Court's eventual ruling will send shockwaves through workers' compensation and occupational disease litigation nationwide.

Saturday, April 25, 2026

Pabst Brews a Legal Storm

On April 15, 2026, the Wisconsin Supreme Court handed down a landmark ruling that will reverberate through asbestos litigation, workers’ compensation law, and premises liability for years to come. In Estate of Carol Lorbiecki v. Pabst Brewing Co., 2026 WI 12, the court held that a brewery owner could be found liable under Wisconsin’s Safe Place Statute for a steamfitter’s fatal mesothelioma, even though the worker was employed by an independent contractor, not by Pabst. The decision affirms a $6.9 million judgment, including punitive damages, and clarifies important principles governing the rights of workers exposed to occupational hazards on third-party premises.

EPA Sued Over Asbestos

On April 21, 2026, the Asbestos Disease Awareness Organization (ADAO) filed a federal lawsuit against the U.S. Environmental Protection Agency (EPA) and its Administrator Lee Zeldin in the U.S. District Court for the District of Columbia. The complaint, filed as Case No. 1:26-cv-01350, seeks to compel the EPA to fulfill a mandatory, non-discretionary duty under the Toxic Substances Control Act (TSCA), a duty that has gone unfulfilled for over a year, leaving millions of workers and their families exposed to the continuing hazard of legacy asbestos.

Friday, March 20, 2026

Workplace Disease & Household Liability

A landmark California Supreme Court ruling in 2023 reversed earlier lower-court decisions and shielded employers from "take-home" COVID-19 liability — but the legal landscape for occupational disease exposure to household members remains complex and evolving. Here is what workers' compensation practitioners, employers, and injured workers need to know.

Tuesday, February 10, 2026

Hidden Hazards at Work

The chemicals you work with every day might be poisoning you—and their identities are legally hidden. Under the Toxic Substances Control Act (TSCA), thousands of industrial chemicals remain shrouded in confidentiality, making it nearly impossible for workers to know what they're being exposed to and extremely difficult to prove workers' compensation claims when illness strikes.

Monday, February 9, 2026

Gelman on Workers' Compensation Law 2026 Update Now Available

Jon Gelman's newly revised and updated treatise on Workers' Compensation Law 2026 has been published by Thomson Reuters of Eagan, MN. This marks the 40th annual supplement to the New Jersey Practice Series on Workers' Compensation Law. The treatise is the most comprehensive, research-integrated work, on Workers' Compensation law, and is fully integrated with Westlaw.

Friday, January 30, 2026

Wednesday, January 28, 2026

Friday, January 2, 2026

Asbestos Bankruptcy: Workers Pay Price

When The Stephan Company filed for Chapter 11 bankruptcy protection on November 26, 2025, in the U.S. Bankruptcy Court for the Middle District of Florida, it became the latest entry in a decades-long chronicle of American companies using the bankruptcy system to manage crushing asbestos liabilities. But beneath the legal maneuvering lies a more profound crisis: a workers’ compensation system that has consistently failed those it was designed to protect.

Saturday, December 13, 2025