A major disrupters in the workers’ compensation system is hurricanes. Now is the time to prepare for such events. The 2022 Season is still predicted to be an abnormally high season.
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Monday, August 15, 2022
Monday, January 25, 2021
"Made in America" Will Impact Workers' Compensation Nationally
Today, President Biden signed the Executive order, Made in America.” The effort to move manufacturing jobs back to the United States will have a major impact going forward for the entire workers' compensation system. This initiative will expand the workforce and expand the potential of a major increase in workers' compensation benefits through increased wages/rates and premiums paid for coverage and all related cottage industries involved in the social insurance program.
Tuesday, January 21, 2020
Medical Marijuana and the Supremacy Clause
“Change is the law of life. And those who look only to the past or present are certain to miss the future.” -John F. Kennedy
An unsettled area of the law has emerged between, the widespread adoption by the states to permit prescribed marijuana to relieve certain medical conditions and the strict federal law mandating the substance as a Schedule 1, Controlled Substance [CSA]. With an estimated 43.3 million Americans using the elicited drug, and the challenges of the “opioid epidemic” creating massive addiction and fatal results, the nation’s workers’ compensation system has been challenged to provide adequate authorized medical treatment.
Saturday, February 10, 2018
Just Published: 2018 Update - Gelman on Workers' Compensation Law
Jon Gelman’s newly revised and updated 2018 treatise on Workers’ Compensation Law is now available from by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most preferred online legal research service.'"
Saturday, February 21, 2015
Drums with hazardous waste removed from industrial ruins near Paterson’s Great Falls
NJ's toxic legacy continues. Today's ppost is shared from morthjrtsry.com
A report by the United States Environmental Protection Agency said that at least 12 of the 37 drums among the industrial ruins at the ATP site that were deemed “hazardous for corrosivity.” The drums contained sodium hydroxide, oxidizers and peroxide, the report said.
The seven-acre site about 700 feet downstream from the Falls contains the ruins of what once were dozens mills and other manufacturing buildings, a location that produced Colt revolvers in the 19th century and later was the birthplace of Paterson’s silk industry. The mills were closed more than 30 years ago and were ravaged by fires after that.
"One of my historian friends says that part of the ATP site is for America's Industrial Revolution the rough equivalent of what the Roman Forum is to government,” said Leonard Zax, chairman of the Paterson Great Falls National Historical Park Advisory Commission.
The ATP area is within the boundaries of the national park at the Great Falls, but federal park officials do not plan on taking over the land until the pollution is cleaned up.
“This area is enormously important...
[Click here to see the rest of this post]
"One of my historian friends says that part of the ATP site is for America's Industrial Revolution the rough equivalent of what the Roman Forum is to government,” said Leonard Zax, chairman of the Paterson Great Falls National Historical Park Advisory Commission.
The ATP area is within the boundaries of the national park at the Great Falls, but federal park officials do not plan on taking over the land until the pollution is cleaned up.
“This area is enormously important...
[Click here to see the rest of this post]
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.
Sunday, December 21, 2014
Cancer from asbestos caused by more than one cell mutation
Today's post is shared from sciencedaily.com/
Malignant mesothelioma is a rare form of cancer that affects the mesothelium -- the protective lining that covers the internal organs, such as the lungs, the heart and the abdominal cavity. It is estimated that malignant mesothelioma affects up to 3,200 people in the USA each year, most of whom die within a year of diagnosis. The primary cause of this cancer is exposure to asbestos, which used to be used in building construction. The inhalation of asbestos fibers causes inflammation that can cause mutations in cells even after 30-50 years of dormancy.
Most cancers are thought to be monoclonal, where all the cells in a tumor can be traced back to a mutation in a single cell. Researchers from University of Hawaii Cancer Center set out to investigate whether this was the case with malignant mesothelioma, or if it was polyclonal in which the tumor is the result of the growth of two or more mutant distinct cells.
During early development of the female embryo one of the two X chromosomes becomes inactivated and this inactivation is passed on to all subsequent cells. By tracing this inactivated X using a process called HUMARA assay it is possible to determine whether or not a cancer is monoclonal.
In this study, 16 samples from 14 tumor biopsies from women with mesothelioma had a HUMARA assay performed on them. These were compared to control DNA samples from a healthy male and female, and a known monoclonal cell line. The samples provided insight into the origin of...
[Click here to see the rest of this post]
Malignant mesothelioma is a rare form of cancer that affects the mesothelium -- the protective lining that covers the internal organs, such as the lungs, the heart and the abdominal cavity. It is estimated that malignant mesothelioma affects up to 3,200 people in the USA each year, most of whom die within a year of diagnosis. The primary cause of this cancer is exposure to asbestos, which used to be used in building construction. The inhalation of asbestos fibers causes inflammation that can cause mutations in cells even after 30-50 years of dormancy.
Most cancers are thought to be monoclonal, where all the cells in a tumor can be traced back to a mutation in a single cell. Researchers from University of Hawaii Cancer Center set out to investigate whether this was the case with malignant mesothelioma, or if it was polyclonal in which the tumor is the result of the growth of two or more mutant distinct cells.
During early development of the female embryo one of the two X chromosomes becomes inactivated and this inactivation is passed on to all subsequent cells. By tracing this inactivated X using a process called HUMARA assay it is possible to determine whether or not a cancer is monoclonal.
In this study, 16 samples from 14 tumor biopsies from women with mesothelioma had a HUMARA assay performed on them. These were compared to control DNA samples from a healthy male and female, and a known monoclonal cell line. The samples provided insight into the origin of...
[Click here to see the rest of this post]
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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 occupational accidents and illnesses.
Saturday, December 20, 2014
Workers Assail Night Lock-Ins By Wal-Mart
Looking back to that night, Michael Rodriguez still has trouble believing the situation he faced when he was stocking shelves on the overnight shift at the Sam's Club in Corpus Christi, Tex.
It was 3 a.m., Mr. Rodriguez recalled, some heavy machinery had just smashed into his ankle, and he had no idea how he would get to the hospital.
The Sam's Club, a Wal-Mart subsidiary, had locked its overnight workers in, as it always did, to keep robbers out and, as some managers say, to prevent employee theft. As usual, there was no manager with a key to let Mr. Rodriguez out. The fire exit, he said, was hardly an option -- management had drummed into the overnight workers that if they ever used that exit for anything but a fire, they would lose their jobs.
''My ankle was crushed,'' Mr. Rodriguez said, explaining he had been struck by an electronic cart driven by an employee moving stacks of merchandise. ''I was yelling and running around like a hurt dog that had been hit by a car. Another worker made some phone calls to reach a manager, and it took an hour for someone to get there and unlock the door.''
The reason for Mr. Rodriguez's delayed trip to the hospital was a little-known Wal-Mart policy: the lock-in. For more than 15 years, Wal-Mart Stores Inc., the world's largest retailer, has locked in overnight employees at some of its Wal-Mart and Sam's Club stores. It is a policy that many employees say has created disconcerting situations, such as when a worker in...
[Click here to see the rest of this post]
Monday, December 8, 2014
NHTSA says Chrysler's expanded air bag recall falls short
Chrysler said it will replace passenger-side air bag inflators in an estimated 149,150 older model pickup trucks in seven U.S. states and five territories. 2003 Dodge Ram 2500 is part of the latest recall.(Photo: Chrysler) Story Highlights
The Auburn Hills automaker is offering to replace passenger-side air bag inflators in an estimated 149,150 older model pickup trucks in seven U.S. states and five territories to address concerns about improper air bag deployment. This recall is for 2003 Ram 1500, 2500 and 3500 pickups sold or registered in Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, Texas and the U.S. territories of American Samoa, Guam, Puerto Rico, Saipan and the Virgin Islands. The National Highway Traffic Safety Administration told Chrysler last week to widen the recall to include all vehicles with passenger side inflators and to start notifying customers of the original recall before December 19. Chrysler said it will begin notifying affected customers next month. "Chrysler's latest recall is insufficient, doesn't meet our demands, and fails to include all inflators... |
Tuesday, November 25, 2014
Recall management poor at hospitals
| As the number of medical-device recalls has rapidly increased, so has the complexity of the recalls. That is raising questions about safety and risks for hospitals that mostly still track and locate faulty products manually. There were 1,190 recalls of medical devices in 2012, nearly double the 604 recalls reported to the Food and Drug Administration in 2003. In August, Customed, a Puerto Rico-based supplier of surgical kits, trays and packs, recalled 233 products because of sterility issues, making it the largest single-day recall in FDA history. Other high-profile recalls, such as the removal from the market of metal-on-metal hip implants starting in 2010, led to billions of dollars in lawsuits against the manufacturers and thousands of patients having to undergo revision surgery. Other recalls have been more obscure, such as when a supplier must issue corrective language for a user manual. Most if not all hospitals have recall management programs in place. The Joint Commission issued standards for hospital recall policies that detailed how to respond to recalls and alerts. But experts at the ECRI Institute, a not-for-profit that studies the safety and effectiveness of medical products and services, say not all hospitals are updating their programs to reflect the growth and complexity of today's recalls. “This issue is frequently flying under the radar of executives,” said Eric Sacks, ECRI's director of healthcare product alerts. “Supply chains are becoming... |
Friday, November 14, 2014
System Fails to Provide Appropriate Care for Non-Catastrophic Injuries
Todays post is authored by Melissa Brown* of the California Bar.
The October issue of the American Journal of Industrial Medicine confirms what our clients have been experiencing since the California legislature began “reforming” medical treatment access in 2003: the system fails to provide appropriate care for non-catastrophic injuries. (See Franklin, G., et al., “Workers’ Compensation: Poor Quality Health Care and the Growing Disability Problem in the United States,” American Journal of Industrial Medicine, October 2014). The reforms, which include reliance on “evidence-based” medicine and utilization review, often results in increased permanent disabilities and a shift of compensation to Social Security, Medicare and other state and federal disability systems.
The authors note a 75% increase in those receiving Social Security Disability benefits for working age people during the period 2000 and 2012. The basis of the inability to work has shifted from cardiovascular to musculoskeletal, arguably injuries that could have been prevented with safer work practices.
Our experience at Fraulob, Brown, Gowen & Snapp is consistent with these findings. Just today, one of our client’s reported that the expert medical evaluator in his case, agreed to by the insurance company, advised him that had his neck surgery been approved when his doctor requested, rather than going through the utilization review process, he would have had less residual disability. This of course does not even address the pain and suffering he endured waiting for approval; pain and suffering which is not paid by workers’ compensation.
The only way to change this system is through legislation. Which means that people need to vote and need to make it their mission to contact their legislators and the governor with their horror stories.
Ms. Brown is a certified specialist in Workers’ Compensation as well as a national expert on Social Security Disability , Elder Law, Health Care Planning and decision-making. She is a law professor and published author.
Her practice includes serving as a court appointed and agreed upon Arbitrator for Workers’ Compensation matters. Her legal treatise, Advising the Elderly or Disabled Client, is utilized by law schools throughout America as well as Elder Law, Disability and Personal Injury attorneys. She been retained as an expert witness by the NFL Players association regarding compensation for brain and other serious injuries sustained by professional athletes.
The October issue of the American Journal of Industrial Medicine confirms what our clients have been experiencing since the California legislature began “reforming” medical treatment access in 2003: the system fails to provide appropriate care for non-catastrophic injuries. (See Franklin, G., et al., “Workers’ Compensation: Poor Quality Health Care and the Growing Disability Problem in the United States,” American Journal of Industrial Medicine, October 2014). The reforms, which include reliance on “evidence-based” medicine and utilization review, often results in increased permanent disabilities and a shift of compensation to Social Security, Medicare and other state and federal disability systems.
The authors note a 75% increase in those receiving Social Security Disability benefits for working age people during the period 2000 and 2012. The basis of the inability to work has shifted from cardiovascular to musculoskeletal, arguably injuries that could have been prevented with safer work practices.
Our experience at Fraulob, Brown, Gowen & Snapp is consistent with these findings. Just today, one of our client’s reported that the expert medical evaluator in his case, agreed to by the insurance company, advised him that had his neck surgery been approved when his doctor requested, rather than going through the utilization review process, he would have had less residual disability. This of course does not even address the pain and suffering he endured waiting for approval; pain and suffering which is not paid by workers’ compensation.
The only way to change this system is through legislation. Which means that people need to vote and need to make it their mission to contact their legislators and the governor with their horror stories.
.....
*Melissa C. Brown is a frequent lecturer at legal conventions and seminars. Ms. Brown has been recognized in America’s Top Attorneys for over 20 years. She has studied Mediation at the World Intellectual Property Organization in Geneva, Switzerland.Ms. Brown is a certified specialist in Workers’ Compensation as well as a national expert on Social Security Disability , Elder Law, Health Care Planning and decision-making. She is a law professor and published author.
Her practice includes serving as a court appointed and agreed upon Arbitrator for Workers’ Compensation matters. Her legal treatise, Advising the Elderly or Disabled Client, is utilized by law schools throughout America as well as Elder Law, Disability and Personal Injury attorneys. She been retained as an expert witness by the NFL Players association regarding compensation for brain and other serious injuries sustained by professional athletes.
Friday, September 26, 2014
Watchdog faults EPA on failed asbestos tests
| The Environmental Protection Agency’s (EPA) internal watchdog criticized it for mismanaging tests on methods for demolishing buildings with asbestos. The EPA conducted research between 1999 and 2011 on alternatives to the federally regulated process for demolishing the buildings and allowed some tests in Fort Worth, Texas, from 2006 to 2007. The Office of Inspector General found in a Thursday report that the EPA spent $3.5 million on the program, only to conclude that it did not work as well as the traditional methods. The watchdog concluded that EPA officials “did not conduct the research under a controlled and defined agency process that would have ensured consensus and oversight,” disregarded guidance and allowed violations of environmental laws. It also failed to provide good data and results from the testing and put the public at potential risk of exposure to asbestos, which is considered toxic if inhaled. Investigators did not find any documented health problems that resulted. The inspector general said the EPA should learn from the experience and require better oversight of research processes and costs. In a statement, the EPA said it concurred with the report. “EPA has made significant changes to its research planning process to require that all research includes oversight procedures and input from senior managers,” EPA spokeswoman Laura Allen said in a statement. “In response, EPA has also taken numerous steps to ensure the... |
Sunday, September 7, 2014
The Affordable Care Act and Workers’ Compensation: The Known Unknowns
The future of the US workers’ compensation system is more difficult to comprehend almost on a daily basis, as the pendulum of change
continues to swing to extremes and the ground becomes more fertile for
political change. The recent decision in the State of Florida declaring that state's system unconstitutional ads to the continuing tension.
A few weeks ago, I attended Florida workers’ compensation
attorney Gerald Rosenthal’s presentation at the national convention of the American
Association for Justice in Baltimore. He spoke at an academic seminar
concerning the Affordable Care Act (ACA), ERISA and RICO. In his through
evaluation he raised more problems than solutions, from a shortage of primary
care physicians, opt-out systems, the evolution of wellness programs, ERISA
subrogation rights and RICO claims.
During the discussion phase of the presentation, Mr.
Rosenthal entertained a comment from the national guru on Social Security
subrogation issues and Medicare Secondary Payer policy, Hank Patterson of
North Carolina. The topic evolved into a discussion of using health care
policies purchased as part of a workers’ compensation settlement to avoid
subrogation involvement by the Centers for Medicare and Medicaid Services (CMS). The jury is still out on that
issue.
There are many known unknowns as to what effect the ACA will
have the transformation of workers’ compensation in an era of major economic,
political and social adjustment in the
United States.
As Senator Elizabeth Warren (D-MA), author of “A Fighting Chance”, dramatically noted in a
panel discussion with Professor Thomas Piketty, author of “Capital in the Twenty-First Century,”
this week at the Old South Meeting House in Boston, the even growing
economic dichotomy has had major impact on American workers’ as benefits
continue to diminish.
Massive changes in the workplace even become more
problematic when viewed in light of the changing landscape of medical delivery
and restrictions made to health research. The known unknowns to the future of
the nation’s century old workers’ compensation are now becoming more numerous
almost on a daily basis.
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters).
Thursday, August 14, 2014
WTC cleanup workers may renew health claims -U.S. appeals court
| Today's post is shared from Reuters.com A federal appeals court in New York has revived claims by 211 cleanup workers who sought compensation for their alleged exposure to toxic contaminants in buildings near the World Trade Center site after the Sept. 11, 2001, attacks. The 2nd U.S. Circuit Court of Appeals on Thursday said a lower court judge erred in dismissing the claims, after the workers had answered "none" when asked if they had been "diagnosed" with ailments, injuries or diseases. These workers were employed by cleaning companies hired by Verizon Communications Inc, Brookfield Properties and dozens of other owners of downtown Manhattan buildings damaged or destroyed in the attacks, the court said. "The fact that plaintiffs answered 'none' to the interrogatory was an insufficient basis, by itself, for a blanket conclusion that all 211 plaintiffs could not establish their claims against defendants as a matter of law," Circuit Judge Denny Chin wrote for a three-judge 2nd Circuit panel. Thursday's decision overturned an August 2012 dismissal of the claims by U.S. District Judge Alvin Hellerstein in Manhattan, who oversees much of the Sept. 11 litigation. Verizon spokesman Bob Varettoni had no immediate comment. Lawyers for the phone company and the other defendants did not immediately respond to requests for comment. "I applaud the 2nd Circuit for having the ability and desire to do the right thing," Marc Bern, a lawyer for the workers, said in... |
Thursday, July 31, 2014
Taking Job-Driven Training to Scale
Today's post was shared by US Labor Department and comes from social.dol.gov
| Connecting the right worker with the right job is key to our vision of opportunity for all. At the Labor Department, it’s how we’re working to help more people punch their ticket to the middle class. That’s why we’re investing in proven strategies that connect ready-to-work Americans with ready-to-be-filled jobs. As part of this effort, in April, we announced the availability of funds through a new Job-Driven National Emergency Grants program to help dislocated workers who have lost a job through no fault of their own. And this week, I am very excited to announce the awards – nearly $155 million to 32 states, Puerto Rico and the Cherokee Tribal Nation – to help fund work-based training programs, like Registered Apprenticeship and on-the-job training, which have a proven record of success. That’s $155 million to give workers the chance to “learn and earn,” developing skills while earning a paycheck. With on-the-job training, employers who participate can use this funding to offset the cost of training and temporarily cover a portion of the wages for the people they hire. We know these programs work. Earlier this year, I met with Gary Locke from New Hampshire, who – after being laid off for more than a year – found a job through the state’s innovative on-the-job training program. The funds we’ve announced this week will expand programs that helped Gary to more states around the country. Nevada, for... |
Tuesday, July 29, 2014
Big Oil's New Pitch: Fracking Means Never Having To Fear Putin
 The Obama administration, meanwhile, is weighing plans to streamline DOE approval of liquefied natural gas export facilities (though some industry insiders doubt it will speed up the process). The issue has also played into the secret negotiations over a sweeping US-European Union trade agreement. According to an EU memo leaked to the Washington Post earlier this month, Europe is pressing the United States to lift its longstanding restrictions on fossil fuel exports and make a "legally binding commitment" to allow oil and gas to flow to EU countries. Even if the market shifts, most European countries aren't equipped to handle large-scale liquefied natural gas imports—and won't be for years. But the argument behind these measures may be a red herring. Speeding up exports would be boon to industry profits, given that natural gas costs at least three times more overseas than it does in the United States. However, according to environmentalists and industry analysts, it would do little to break Europe's dependence on Russia. "Folks who were in favor of accelerating liquefied natural gas exports anyway have seized upon the Ukraine crisis as yet another argument for why we should be doing it," says Edward Chow, a former Chevron executive and an expert on international energy markets. "But it won't directly effect Europe." Most US exports, he explains, are slated for Asia, where natural gas fetches a much higher price than it does in Europe. Even... |
Tuesday, July 22, 2014
U.S., state officials ask about asbestos
Today's post is shared from timesunion.com/
[Click here to see the rest of this post]
| Federal and state environmental agents have interviewed the former city engineer and his assistant about the city's handling of two demolition projects involving asbestos, a person with knowledge of the matter said. The emergency razing of 4-6-8-10 King St. in August 2013 and the tearing down of buildings at the King Fuels site in South Troy this year have drawn the attention of criminal investigators from the U.S. Environmental Protection Agency and the state Department of Environmental Conservation. The agents asked Russ Reeves, the former city engineer, and Barbara Tozzi, a former city engineering assistant, about the circumstances of the work and the handling of asbestos, the person, who wished to remain anonymous, said. The agents also queried Reeves regarding the nature of relationships at city hall and the involvement of individuals in the projects. Stop-work orders were issued for both demolition projects by the state because of concerns about procedures for dealing with asbestos in the 19th-century structures. The questions were similar to those asked by the FBI when one of its agents interviewed Reeves earlier this year. The state Labor Department also has investigated the asbestos removal. The city's request for proposals for the development of the Scolite site on the Hudson River in South Troy also was discussed in the latest interview, the person said. Reeves resigned as city engineer, saying that city officials were not concerned about public safety when the... |
Tuesday, July 8, 2014
Flash fire at Chevron Phillips in PA, injuries reported
| Port Arthur, Texas – Chevron Phillips Chemical Company LP (Chevron Phillips Chemical) confirmed that a localized fire has occurred at its Port Arthur, Texas facility located at 2001 Gulfway Drive in Port Arthur, Texas at approximately 8 p.m. this evening. The situation is under control and the cause of the fire has not yet been determined. The safety of our employees, contractors and the communities in which we operate is our top priority. We can confirm that all personnel are accounted for, with two individuals being treated for injuries. The plant manager has mobilized a team of trained emergency response professionals who are working to account for employees, secure the facility, and assess the damages. This emergency team is responding in conjunction with other emergency agencies as needed. “We regret very deeply that this event has occurred. Our thoughts and prayers are with the injured and their families. We ask for your patience as we manage the response to the incident,” said Margie Conway, plant manager for Chevron Phillips Chemical. “We will communicate additional information when it can be confirmed.” |
Saturday, July 5, 2014
Drowsy Driving and Risk Behaviors
 |
| English: An advisory sign on Interstate 15 in Utah near Mt. Nebo. It reminds drowsy drivers to get off the freeway. (Photo credit: Wikipedia) |
As many as 7,500 fatal motor vehicle crashes in the United States each year might involve drowsy driving, and 4.2% of adult respondents to a 2009–2010 survey reported falling asleep while driving at least once during the previous 30 days. Adults who reported usually sleeping ≤6 hours per day, snoring, or unintentionally falling asleep during the day were more likely to report falling asleep while driving than adults who did not.
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