Contractor Convicted in Asbestos Scam

In a recent case that highlights the importance of environmental regulations and worker safety, a Colorado contractor was sentenced to 10 years in prison for defrauding an elderly woman and mishandling asbestos.

Asbestos in Cosmetics: FDA Proposes New Testing Rules

The Food and Drug Administration (FDA) has taken a significant step toward enhancing consumer safety by proposing new regulations for detecting asbestos in talc-containing cosmetic products. This proposed rule, outlined in 21 CFR Part 730, aims to establish standardized testing methods for identifying the presence of this hazardous substance.

NJ Contractor Cuts Corners, Risks Worker Lives

In a stark reminder of workplace safety, New Jersey contractor Jose Correa has pleaded guilty to a serious environmental crime that endangered construction workers in East Harlem. During a supermarket renovation project in late 2022, Correa made a dangerous and illegal decision that could have had devastating consequences.

Toxic Legacy: Unmasking Asbestos's Dangerous Past and Present

Asbestos has long been a significant public health concern, and the Environmental Protection Agency (EPA) continues to take decisive steps to evaluate and mitigate its risks. The recent Notice of Availability for the Action: Notice Asbestos Part 2 Supplemental Evaluation (Docket ID #: EPA-HQ-OPPT-2021-0254) represents a crucial milestone in addressing this persistent environmental and health challenge.

Chevron's Fall: Medicare Set-Asides Face Legal Shake-Up

The recent U.S. Supreme Court decision in Loper Bright Enterprises v. Raimondo (2024), which overturned the Chevron doctrine established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., is likely to have significant impacts on how the Centers for Medicare & Medicaid Services (CMS) operates regarding the Medicare Secondary Payer (MSP) Act, including conditional payments and Medicare Set-Aside (MSA) agreements. 

Paterson's Textile Past Unravels: EPA Tackles Asbestos Threat

A chapter of industrial history is about to be carefully closed in the heart of Paterson, New Jersey. The U.S. Environmental Protection Agency (EPA) has announced a significant asbestos cleanup operation at the former Allied Textile Printing (ATP) site, set to begin September 16, 2024.

How OSHA Standards Revolutionize Workplace Safety

Jordan Barab’s recent testimony before the House Education and Workforce Committee Subcommittee on Workforce Protections focused extensively on the importance of OSHA (Occupational Safety and Health Administration) standards in ensuring workplace safety. 

Expert’s Published Study Protected Speech

A Federal Court held that the statements in a published academic article authored by a plaintiff’s expert were not actionable because they were either statements of opinion or because they were protected by the First Amendment.

Asbestos Claimants Maybe be Impacted by US Supreme Court Decision

The recent Supreme Court oral arguments in Truck Insurance Exchange v. Kaiser Gypsum Co. Inc. (22-1079) centered on the question of whether an insurer has the right to object to a debtor's reorganization plan under Chapter 11 bankruptcy. The outcome of this case will significantly impact how asbestos claims are handled in bankruptcy proceedings.

US Bans Asbestos

Today, March 18, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States. The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA), which received near-unanimous support in both the U.S. House of Representatives and the Senate. The action marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays during the previous administration to implement the 2016 amendments.

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.

Household Contact Awarded $30 Million Verdict for Mesothelioma

Employers have a responsibility not only to their employees but also to their household contacts, individuals who live in the employee’s home. Employees who are exposed at work may carry the toxic substances home on their clothes or their body.

Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

Potential Impact of the Purdue Pharma Bankruptcy Case

The Purdue Pharma bankruptcy case will significantly impact workers’ compensation cases nationally. The US Supreme Court heard oral argument this week, and the potential consequences are far-reaching.

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

EPA Seeks Reporting of Asbestos Fibers

The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

Available Workers' Compensation Law 2023 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.