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

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, March 10, 2026

Occupational Hearing Loss: Still a Loud Problem

Workplace hearing loss has been called one of the most prevalent — and preventable — occupational health crises in the United States. Despite decades of federal regulation, improved hearing protection technology, and increased employer awareness, the numbers remain staggering. 

Sunday, February 22, 2026

Glyphosate: Workers at Risk

The collision of a presidential executive order, a $7.25 billion proposed settlement, and decades of occupational health research has placed glyphosate-based herbicides at the center of one of the most consequential legal and workplace safety debates in American history. For employers, insurers, and the millions of workers who handle these chemicals daily, the stakes have never been higher.

Tuesday, February 17, 2026

Roundup Justice: Workers Negotiate a Settlement

Monsanto's Landmark Roundup Settlement — What It Means for Workers and Their Families - $7.25 Billion Dollars

Eat Well, Claim Less

This is an updated and expanded edition of a 2014 post on diet and workplace health, revised with current research and data.

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.

Monday, February 2, 2026

Healthcare Costs Crush Workers' Compensation

The cost of medical treatment is not just rising — it is accelerating. And nowhere is this felt more sharply than in the workers' compensation system, where medical payments now constitute a dominant and growing share of every claim. What was a slow-burning crisis a decade ago has become an urgent structural challenge for employers, insurers, policymakers, and injured workers alike.

Friday, January 30, 2026