The rapid emergence of COVID-19 creates new challenges for the nation’s patchwork of state run workplace benefit delivery systems. This paper draws a comparison between COVID claims and asbestos claims, the “Largest and Longest” wave of occupational disease claims in the United States. The comparison offers insight into avoiding past economic, administrative and benefit delivery pitfalls. The lessons from asbestos claims provide an insight into maintaining a sustainable workers’ compensation system to meet the surge of COVID claims.
Copyright
(c) 2010-2024 Jon L Gelman, All Rights Reserved.
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Thursday, July 23, 2020
Monday, March 28, 2016
Pleural mesothelioma reported in a school teacher: asbestos exposure due to DAS paste
The hazardous legacy exposures of school children and art teachers to materials containing asbestos fiber, ie. Fibro Clay, and its causal relationship to mesothelioma, has been reported in a recent medical journal. Today's post is partially shared from ncbi.nlm.nih.gov/pubmed
BACKGROUND:
Malignant mesothelioma cases among primary school teachers are usually linked with asbestos exposure due to the mineral contained in the building structure. Among the approximately 12,000 cases of mesothelioma described in the fourth report of the National Mesothelioma Register, 11 cases of primary school teachers are reported, in spite of the fact that the "catalogue of asbestos use" does not describe circumstances of asbestos exposure other than or different to that due to asbestos contained in the buildings. Four cases in the Brescia Provincial Mesothelioma Register are identified as teachers, without this circumstance of exposure.
Friday, September 25, 2015
Symposium: Celebrating Dr. Irving J. Selikoff
Friday, October 16, 2015, 8:00 AM - 12:30 PM
Location: Davis Auditorium, Hess Building, 1470 Madison Ave (between 101st and 102nd Sts)
Program Overview : This symposium will examine the lasting impact of the legacy of Dr. Irving J. Selikoff (January 15, 1915-May 20, 1992) on occupational health and safety in the United States. Considered the father of occupational medicine, he is remembered for his seminal research on asbestos-related illnesses, his tireless advocacy for worker safety and health protections, and his contributions to the establishment of federal asbestos regulations.
Photo Exhibit In conjunction with the symposium, there will be an exhibit by photographer Earl Dotter on display titled Badges: A Memorial Tribute to Asbestos Workers. Guggenheim Pavilion Atrium, 1468 Madison Avenue.
Who should attend? This symposium is open to the public and intended for faculty, residents, students, and members of the occupational health and safety community.
Mount Sinai Organizing Committee Madelynn Azar-Cavanagh, MD; Philip J. Landrigan, MD, MSc; Roberto Lucchini, MD; John D. Meyer, MD, MPH; Barbara J. Niss; Robert O. Wright, MD, MPH
Registration There is no fee to attend this event. Click here to register for this event or email carla.azar@mssm.edu. Please note that space is limited and early registration is encouraged. Special Needs The Icahn School of Medicine at Mount Sinai is in full compliance with provisions of the Americans with Disabilities Act (ADA) and is accessible for individuals with special needs. If you would like to attend this conference and require any special needs or accommodations, please contact carla.azar@mssm.edu.
Agenda
8:00 AM Breakfast and Check-in
9:00 AM Welcome Remarks
Robert O. Wright, MD, Chair, Dept. of Preventive Medicine, Icahn School of Medicine at Mount Sinai
Philip J. Landrigan, MD, Dean for Global Health, Icahn School of Medicine at Mount Sinai
David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational Safety and Health and Director, Occupational Safety and Health Administration (OSHA)
John Howard, MD, MPH, LLM, Director, National Institute for Occupational Safety and Health Program Moderator
Roberto Lucchini, MD, Director, Division of Occupational and Environmental Medicine, Department of Preventive Medicine, Icahn School of Medicine at Mount Sinai
9:30 AM Irving J. Selikoff in History
Albert Miller, MD, Director of the Pulmonary Function Laboratory, Albert Einstein College of Medicine and Emeritus Clinical Professor of Medicine, Icahn School of Medicine at Mount Sinai
9:50 AM Asbestos and Selikoff’s role in the Reconception of Responsibility for Chronic Disease in a pre-OSHA era
David K. Rosner, PhD, MPH, Ronald H. Lauterstein Professor of Sociomedical Sciences and Professor of History, Graduate School of Arts and Sciences, Columbia University Mailman School of Public Health
10:10 AM Break
10:25 AM Update of the Selikoff’s Insulators’ Asbestos Cohort
Steven Markowitz, MD, DrPH, Barry Commoner Center for Health and the Environment, Queens College and Graduate Center, City University of New York
10:45 AM Pneumoconiosis and Autoimmune Disease from an Historical Perspective
Paul D. Blanc, MD, MSPH, Professor of Medicine and Endowed Chair, Occupational and Environmental Medicine, University of California San Francisco
11:05 AM Perspectives on Dr. Selikoff’s Contributions to Public Health and Safety Laws
Neil T. Leifer, Esq., Neil T Leifer, LLC, Auburndale, MA
11:25 AM Trends Today: Global Spread of Asbestos to Developing World
Barry I. Castleman, ScD, Author of Asbestos: Medical and Legal Aspects
11:45 AM Q&A
12:05 PM Introduction of Photo Exhibit
Linda Reinstein, President/CEO, Asbestos Disease Awareness Organization
12:10 PM Closing Remarks
Madelynn Azar-Cavanagh, MD, Medical Director, Mount Sinai Selikoff Centers for Occupational Health
Symposium: Celebrating Dr. Irving J. Selikoff
Sponsored by the Selikoff Centers for Occupational Health, Division of Occupational and Environmental Medicine, Dept. of Preventive Medicine, Icahn School of Medicine at Mount Sinai
Location: Davis Auditorium, Hess Building, 1470 Madison Ave (between 101st and 102nd Sts)
Program Overview : This symposium will examine the lasting impact of the legacy of Dr. Irving J. Selikoff (January 15, 1915-May 20, 1992) on occupational health and safety in the United States. Considered the father of occupational medicine, he is remembered for his seminal research on asbestos-related illnesses, his tireless advocacy for worker safety and health protections, and his contributions to the establishment of federal asbestos regulations.
Photo Exhibit In conjunction with the symposium, there will be an exhibit by photographer Earl Dotter on display titled Badges: A Memorial Tribute to Asbestos Workers. Guggenheim Pavilion Atrium, 1468 Madison Avenue.
Who should attend? This symposium is open to the public and intended for faculty, residents, students, and members of the occupational health and safety community.
Mount Sinai Organizing Committee Madelynn Azar-Cavanagh, MD; Philip J. Landrigan, MD, MSc; Roberto Lucchini, MD; John D. Meyer, MD, MPH; Barbara J. Niss; Robert O. Wright, MD, MPH
Registration There is no fee to attend this event. Click here to register for this event or email carla.azar@mssm.edu. Please note that space is limited and early registration is encouraged. Special Needs The Icahn School of Medicine at Mount Sinai is in full compliance with provisions of the Americans with Disabilities Act (ADA) and is accessible for individuals with special needs. If you would like to attend this conference and require any special needs or accommodations, please contact carla.azar@mssm.edu.
Agenda
8:00 AM Breakfast and Check-in
9:00 AM Welcome Remarks
Robert O. Wright, MD, Chair, Dept. of Preventive Medicine, Icahn School of Medicine at Mount Sinai
Philip J. Landrigan, MD, Dean for Global Health, Icahn School of Medicine at Mount Sinai
David Michaels, PhD, MPH, Assistant Secretary of Labor for Occupational Safety and Health and Director, Occupational Safety and Health Administration (OSHA)
John Howard, MD, MPH, LLM, Director, National Institute for Occupational Safety and Health Program Moderator
Roberto Lucchini, MD, Director, Division of Occupational and Environmental Medicine, Department of Preventive Medicine, Icahn School of Medicine at Mount Sinai
9:30 AM Irving J. Selikoff in History
Albert Miller, MD, Director of the Pulmonary Function Laboratory, Albert Einstein College of Medicine and Emeritus Clinical Professor of Medicine, Icahn School of Medicine at Mount Sinai
9:50 AM Asbestos and Selikoff’s role in the Reconception of Responsibility for Chronic Disease in a pre-OSHA era
David K. Rosner, PhD, MPH, Ronald H. Lauterstein Professor of Sociomedical Sciences and Professor of History, Graduate School of Arts and Sciences, Columbia University Mailman School of Public Health
10:10 AM Break
10:25 AM Update of the Selikoff’s Insulators’ Asbestos Cohort
Steven Markowitz, MD, DrPH, Barry Commoner Center for Health and the Environment, Queens College and Graduate Center, City University of New York
10:45 AM Pneumoconiosis and Autoimmune Disease from an Historical Perspective
Paul D. Blanc, MD, MSPH, Professor of Medicine and Endowed Chair, Occupational and Environmental Medicine, University of California San Francisco
11:05 AM Perspectives on Dr. Selikoff’s Contributions to Public Health and Safety Laws
Neil T. Leifer, Esq., Neil T Leifer, LLC, Auburndale, MA
11:25 AM Trends Today: Global Spread of Asbestos to Developing World
Barry I. Castleman, ScD, Author of Asbestos: Medical and Legal Aspects
11:45 AM Q&A
12:05 PM Introduction of Photo Exhibit
Linda Reinstein, President/CEO, Asbestos Disease Awareness Organization
12:10 PM Closing Remarks
Madelynn Azar-Cavanagh, MD, Medical Director, Mount Sinai Selikoff Centers for Occupational Health
Symposium: Celebrating Dr. Irving J. Selikoff
Sponsored by the Selikoff Centers for Occupational Health, Division of Occupational and Environmental Medicine, Dept. of Preventive Medicine, Icahn School of Medicine at Mount Sinai
Monday, April 7, 2014
Corporate Conspiracy: Has Anything Really Changed?
Today I was watching the recorded episode of yesterday’s episode of Saturday Night Live (SNL), as I was deeply entrenched in the NCAA Final Four competition last night and missed it live. The “cold opening” was a purportedly laughable sketch about the testimony of the CEO of General Motors, Mary Barra, on The Hill last week, avoiding questions about the decade long conspiracy to conceal a faulty ignition system in its vehicles.
Actually, I love to multi-task, so I was also reading a summary judgment motion in an asbestos related claim involving a worker who died of mesothelioma, a rare cancer, decades after his initial exposure to asbestos fiber which has been scientifically causally related. Embedded in the allegations of the complaint was a strong argument about the corporate conspiracy of the asbestos industry and its efforts to doctor up scientific studies long ago beginning at the Saranac Laboratories and through subsequent publications.
The players in the asbestos drama were industry leaders such as: Johns-Manville Corporation, Metropolitan Life Insurance Company, The Union Asbestos and Rubber Company and Raybestos Manhattan, and others. Those were household names at my dinner table, including the world renown research-physician, Irving J. Selikoff, MD, when I was growing up. I am a second-generation asbestos litigator. The plot unfolded even more during my career in litigation arising out of the Passaic NJ facility of Raybestos-Manhattan Inc. and fortuitous discovery of the infamous “Sumner Simpson” papers. Albeit that everyone wants to take credit for the discovery, it is yet another story to told on a later date.
The Doctrine of Corporate Conspiracy continues to pervade American Industry as dollars over human life continue to be an unending and tragic plot. Similar allegations have played out in the: tobacco litigation, breast implant litigation, latex glove litigation, medical device litigation, lead paint industry, medical device and pharmaceutical production litigation, complaints about toxic water pollution by drillers and mining companies, and the list goes on and on.
Corporate lobbying changed direction of workers’ compensation in the mid-1950’s with national amendments embracing silica exposure claims into the system. It was the same forefront of the expansion of dust disease claims such as asbestosis. All intentionally done to avoid corporate liability within the nation’s civil justice system. Fortunately, the Courts balanced the playing field, and expanded benefits for injured workers and their families into a most realistic realm of compensatory and punitive damages. The rationale for the expansion was based of the then trending theory of corporate conspiracy.
I asked myself this afternoon, what has really changed? This week, ironically, is “National Asbestos Awareness Week,” and has asbestos yet been banned in the US? No. Does the same battle continue today to make the workplace safer while fighting corporations that continue to resist, ignore, delay and deny? I listened again to the testimony of the Congressional hearings in Washington this week. Has anything really changed?
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.
Monday, December 30, 2013
2014 Asbestos Awareness Conference Honorees
Today's post was shared by Linda Reinstein and comes from www.asbestosdiseaseawareness.org
2014 ADAO Asbestos Awareness Conference Keynote Speakers
Saturday: TBA2014 ADAO Asbestos Awareness Conference Keynote Speakers
Sunday: Susan Vento, Widow of the late Congressman Bruce Vento
Heather Von St. James, Mesothelioma Patient
2014 ADAO Asbestos Awareness Conference Honorees
Congressman Henry Waxman will be presented with the Tribute of Hope Award for his steadfast commitment to public health and safety.
Dr. Ken Takahashi will be recognized with the Dr. Irving Selikoff Lifetime Achievement Award in honor of his tireless dedication to increasing awareness about asbestos to eliminate diseases and his unending support of the Asbestos Disease Awareness Organization.
Dr. David Egilman will be recognized with the Dr. Irving Selikoff Lifetime Achievement Award in honor of his tireless dedication to increasing awareness about asbestos to eliminate diseases and his unending support of the Asbestos Disease Awareness Organization.
Congressman Bruce Vento will be honored posthumously with the Warren Zevon “Keep me in Your Heart” Memorial Tribute for his countless years of public service as a legislator and public servant.
Bill Ravanesi will be presented with the Tribute of Inspiration Award for...
[Click here to see the rest of this post]
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Saturday, December 7, 2013
Asbestos and Cigarettes
Paul Brodeur, author of Outrageous Misconduct, The Asbestos Industry on Trial, points out that asbestos was introduced into American manufacturing by an asbestos industry that knew the dangers health consequences of its use. Todays' post is shared from the NYimes.org
Re “The Asbestos Scam,” by Joe Nocera (column, Dec. 3): Asbestos manufacturers filed for bankruptcy after juries across the nation assessed punitive damages for concealing the asbestos-disease hazards from their workers and the users of their products for 50 years.
Mr. Nocera makes light of a claimant’s assertion that she was subjected to asbestos exposure because she lived in a house with relatives who worked with asbestos, but numerous studies link household exposure (often called “bystander exposure”) with asbestos disease. He denies that there is conclusive proof that cigarette smoking and asbestos exposure combine to increase the risk of lung cancer, despite the findings of epidemiological studies from around the world.
Chief among them is the investigation by Dr. Irving J. Selikoff, former director of the Mount Sinai School of Medicine’s Environmental Sciences Laboratory, and Dr. E. Cuyler Hammond, former vice president for epidemiology and statistics of the American Cancer Society, who showed that nonsmoking asbestos workers died of lung cancer seven times more often than people in the general population, and whose calculations suggested that asbestos workers who smoked had more than 90 times the risk of dying of lung cancer as men who neither worked with asbestos nor smoked.
An estimated 10,000 Americans are dying of asbestos disease each year; before the asbestos tragedy has run its course, an estimated 500,000...
|
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.
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- H.R. 982 is anti-victim, anti-veteran and anti-privacy (workers-compensation.blogspot.com)
- ADAO Resource: How To Find a Doctor or Treatment Facility Specializing in Mesothelioma and Asbestos-Related Diseases (workers-compensation.blogspot.com)
Friday, June 7, 2013
Frank Lautenberg: The Senator From Paterson
Senator Frank Lautenberg passed away this week and his legacy of helping the workers will live on for generations. "The boy Paterson," as he used to say, knew first hand of the problems confronted by those who worked in his hometown's asbestos factories.
At one of my early meetings with the late Irving J. Selikoff, MD, the world renown asbestos expert of the health dangers of asbestos fiber, the doctor highlighted the necessity for a strong link between medicine and politics. Both Dr. Selikoff and Senator Lautenberg, grew up and worked in Paterson, NJ.
Paterson, was the home of several asbestos manufacturing factories since it was on a railroad link and was equal distant to major US East coast seaports. Asbestos was a strategic commodity for the US military during World War II. Asbestos had allegedly "miracle properties" that acted as an insulating agent on Navy ships, boiler rooms and other heat producing equipment. The serious and adverse effects of asbestos fiber to humans was not readily made known to workers and the public at large.
Consequently, an epidemic of asbestos related disease, including: asbestosis, lung cancer and mesothelioma followed decades after exposure and inflicted disease and death in epidemic proportions. The "original 17" workers' compensation asbestos cases in New Jersey for exposures at The Union Asbestos and Rubber Company plant in Paterson NJ were heard at the Paterson (Passaic County) office of the NJ Division of Workers' Compensation. My father, Carl Gelman, represented the workers and the their dependents, and their medical expert was Dr. Irving J. Selikoff, MD. All were Patersonians.
Dr. Selikoff went onto head the Environmental Sciences Laboratory at the Mount Sinai Medical Center, NY, and continued to follow the cohort of workers through The Paterson Asbestos Control project. That lead to a research project that was published and presented at the New York Academy of Sciences in 1964. International concern was raised over the deadly hazard of asbestos fiber.
Medical research alone could not protect workers in a meaningful way, and Dr. Selikoff knew that, and impressed upon me that the US Senate and Congress would be catalysts for political change that help protect workers from asbestos and other hazardous progress. Likewise, Senator Lautenberg knew that also, and had strong and professional relationship with Dr. Selikoff.
Senator Lautenberg advanced the concept of an important medical-political relationship from asbestos to other environmental hazards and chemicals, including tobacco. The "boy from Paterson," sparked by a strong foundation of concern for asbestos workers and public health, brought to Washington a vision for a safer and healthier nation that made a difference to all.
Statement of Hon. Frank R. Lautenberg, U.S. Senator from the
State of New Jersey
"Madam Chairman, thank you for holding today's hearing on the health
effects of asbestos. Let me welcome Senator Murray to the committee and
thank her for working to keep Americans safe from asbestos.
Every year, more than two-thousand Americans die premature and
painful deaths from exposure to asbestos. Their deaths leave children
without parents, and families struggling to make ends meet.
New Jersey has America's sixth-highest number of deaths from
asbestos. From asbestos used in ship insulation at shipyards to
asbestos used to insulate pipes at refineries and factories, at least
two-thousand seven-hundred and seventy-five New Jerseyans died because
of asbestos exposure from 1979 to 2001. Just last week, a school in
Asbury Park was closed because part of the ceiling fell and asbestos
was found. This toxin's presence in offices, schools and homes could
pose health risks for years to come--ranging from breathing problems to
lung damage and cancer.
One of the leading researchers on the link between asbestos and
lung disease was Dr. Irving Selikoff, who lived in New Jersey. Dr.
Selikoff did his research on workers across my state, including those
in my home town of Paterson. In 1979, Dr. Selikoff showed that one in
five asbestos workers developed a fatal lung disease. Senator Murray's
bill is a strategy for real action to reduce asbestos in the places we
live and work.
The bill will ban the use of asbestos to the maximum extent
possible and benefit companies who are producing safer alternatives. It
also calls for more research on the health affects of asbestos, as well
as the best treatment options for asbestos-related illnesses and better
coordination among federal agencies. Congress owes our children and
grandchildren action now to protect them from asbestos in the future.
I look forward to hearing the testimony of today's witnesses.
Thank you Madam Chairman.
EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS: MITIGATING SUCH IMPACTS, Tuesday, June 12, 2007, The US Senate Committee on Environment and Public Works.
He saw mesothelioma and asbestosis.
In my office in New Jersey, I had a man and his wife and his mature son, who was about 30 years old, come in to see me because they all had mesothelioma, but only the father worked in the manufacturing facility, the mill. His wife and child, his son, were made ill as a result of the mother washing her husband's clothes. That is how lethal, how dangerous asbestos is.
This bill is an abstract exercise. There are real people involved, people who are going to die as a result of the exposure. I have seen it up front and personal. A friend of mine who was a lawyer, after practicing 20 years, got a call from a member of a union one day that had asbestos workers, and he was told to get a chest x ray. He did. After 20 years of no illness, nothing, suddenly they found that he had a spot on his lung, and it turned into mesothelioma and he was dead soon thereafter.
I recently had a World War II vet--I am one as well--come into my office, sick from mesothelioma, from work he did 40 years ago. We have seen so many cases where the gestation period is so long, so that to suddenly close this out and say that is going to be enough money, $140 billion--it sounds like a lot, but it is not a lot when it comes to individuals who need help and who need to be able to continue to conduct their lives and do whatever they can to make life comfortable.
The Congressional Budget Office has stated that the fund will need $10 billion more. Other analysts put the figure as high as $300 billion. So it is fairly obvious that I am going to oppose this bill and support the point of order. I urge my colleagues to do the same because what we are doing is dismissing the suffering of people who have been exposed to this, even though the companies knew how dangerous the material was they were working with. They permitted people to work with it and did not do anything about it, except ultimately, in many cases, they went bankrupt as a result of their behavior.
FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT OF 2005--Resumed -- (Senate - February 14, 2006)
Official Photograph of U.S. Senator Frank Lautenberg 1924-2013 (Photo credit: Wikipedia) |
Paterson, was the home of several asbestos manufacturing factories since it was on a railroad link and was equal distant to major US East coast seaports. Asbestos was a strategic commodity for the US military during World War II. Asbestos had allegedly "miracle properties" that acted as an insulating agent on Navy ships, boiler rooms and other heat producing equipment. The serious and adverse effects of asbestos fiber to humans was not readily made known to workers and the public at large.
Consequently, an epidemic of asbestos related disease, including: asbestosis, lung cancer and mesothelioma followed decades after exposure and inflicted disease and death in epidemic proportions. The "original 17" workers' compensation asbestos cases in New Jersey for exposures at The Union Asbestos and Rubber Company plant in Paterson NJ were heard at the Paterson (Passaic County) office of the NJ Division of Workers' Compensation. My father, Carl Gelman, represented the workers and the their dependents, and their medical expert was Dr. Irving J. Selikoff, MD. All were Patersonians.
Dr. Selikoff went onto head the Environmental Sciences Laboratory at the Mount Sinai Medical Center, NY, and continued to follow the cohort of workers through The Paterson Asbestos Control project. That lead to a research project that was published and presented at the New York Academy of Sciences in 1964. International concern was raised over the deadly hazard of asbestos fiber.
Medical research alone could not protect workers in a meaningful way, and Dr. Selikoff knew that, and impressed upon me that the US Senate and Congress would be catalysts for political change that help protect workers from asbestos and other hazardous progress. Likewise, Senator Lautenberg knew that also, and had strong and professional relationship with Dr. Selikoff.
Senator Lautenberg advanced the concept of an important medical-political relationship from asbestos to other environmental hazards and chemicals, including tobacco. The "boy from Paterson," sparked by a strong foundation of concern for asbestos workers and public health, brought to Washington a vision for a safer and healthier nation that made a difference to all.
Statement of Hon. Frank R. Lautenberg, U.S. Senator from the
State of New Jersey
"Madam Chairman, thank you for holding today's hearing on the health
effects of asbestos. Let me welcome Senator Murray to the committee and
thank her for working to keep Americans safe from asbestos.
Every year, more than two-thousand Americans die premature and
painful deaths from exposure to asbestos. Their deaths leave children
without parents, and families struggling to make ends meet.
New Jersey has America's sixth-highest number of deaths from
asbestos. From asbestos used in ship insulation at shipyards to
asbestos used to insulate pipes at refineries and factories, at least
two-thousand seven-hundred and seventy-five New Jerseyans died because
of asbestos exposure from 1979 to 2001. Just last week, a school in
Asbury Park was closed because part of the ceiling fell and asbestos
was found. This toxin's presence in offices, schools and homes could
pose health risks for years to come--ranging from breathing problems to
lung damage and cancer.
One of the leading researchers on the link between asbestos and
lung disease was Dr. Irving Selikoff, who lived in New Jersey. Dr.
Selikoff did his research on workers across my state, including those
in my home town of Paterson. In 1979, Dr. Selikoff showed that one in
five asbestos workers developed a fatal lung disease. Senator Murray's
bill is a strategy for real action to reduce asbestos in the places we
live and work.
The bill will ban the use of asbestos to the maximum extent
possible and benefit companies who are producing safer alternatives. It
also calls for more research on the health affects of asbestos, as well
as the best treatment options for asbestos-related illnesses and better
coordination among federal agencies. Congress owes our children and
grandchildren action now to protect them from asbestos in the future.
I look forward to hearing the testimony of today's witnesses.
Thank you Madam Chairman.
EXAMINING THE HUMAN HEALTH EFFECTS OF ASBESTOS AND THE METHODS: MITIGATING SUCH IMPACTS, Tuesday, June 12, 2007, The US Senate Committee on Environment and Public Works.
"Mr. LAUTENBERG. Mr. President, since time is limited, I am going to get down to the nuts and bolts. I come from a State in which asbestos was prominent in manufacturing in many places. As a matter of fact, early in the 1950s, a doctor named Irving Selikoff, who was a researcher as well as a physician, discovered the lethality of asbestos. He is the one who raised the alarm about the dangers of that product..........
He saw mesothelioma and asbestosis.
In my office in New Jersey, I had a man and his wife and his mature son, who was about 30 years old, come in to see me because they all had mesothelioma, but only the father worked in the manufacturing facility, the mill. His wife and child, his son, were made ill as a result of the mother washing her husband's clothes. That is how lethal, how dangerous asbestos is.
This bill is an abstract exercise. There are real people involved, people who are going to die as a result of the exposure. I have seen it up front and personal. A friend of mine who was a lawyer, after practicing 20 years, got a call from a member of a union one day that had asbestos workers, and he was told to get a chest x ray. He did. After 20 years of no illness, nothing, suddenly they found that he had a spot on his lung, and it turned into mesothelioma and he was dead soon thereafter.
I recently had a World War II vet--I am one as well--come into my office, sick from mesothelioma, from work he did 40 years ago. We have seen so many cases where the gestation period is so long, so that to suddenly close this out and say that is going to be enough money, $140 billion--it sounds like a lot, but it is not a lot when it comes to individuals who need help and who need to be able to continue to conduct their lives and do whatever they can to make life comfortable.
The Congressional Budget Office has stated that the fund will need $10 billion more. Other analysts put the figure as high as $300 billion. So it is fairly obvious that I am going to oppose this bill and support the point of order. I urge my colleagues to do the same because what we are doing is dismissing the suffering of people who have been exposed to this, even though the companies knew how dangerous the material was they were working with. They permitted people to work with it and did not do anything about it, except ultimately, in many cases, they went bankrupt as a result of their behavior.
FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT OF 2005--Resumed -- (Senate - February 14, 2006)
................
"Mr. LAUTENBERG. Mr. President, I rise today in memory of a dear friend of mine, Prof. Irving J. Selikoff. Irving's uncompromised dedication to medical research and education in disease caused by hazardous materials paved the way for new standards of occupational safety. He was an extremely committed individual and I have learned a great deal about life, ethics, and public policy from him.
Dr. Selikoff's commitment to making the world a better place to live has been an inspiration to me and has further spurred my efforts to improve the public health. Mr. President, Dr. Irving Selikoff passed away on May 20, 1992, but he left us a legacy of medical knowledge that will continue to change the way people across the Nation live for many years to come. He will be missed.
Mr. President, on August 3, 1992, the industrial union department of the AFL-CIO adopted a resolution in memory of Dr. Selikoff. I want to share these words with my collegues and I ask unanimous consent that it be included in the Record.
Senator Lautenberg's Resolution in Memory of Dr. Irving J. Selikoff, January 15, 1915-May 20, 1992
Dr. Selikoff was a legend among workers. No other physician had as close a relationship with so many working people. He saw himself as a public servant, proud of working for a city medical school and being paid by the people.
He was first recognized as a scientist while serving in a public tuberculosis hospital, where he conducted the clinical trials for Isoniazid. This drug brought the `white plague', then the most serious disease in the workplace, under control. He started a clinic in Paterson, New Jersey, a community of textile workers. There, in response to disease among his own patients, all union members, he linked lung scarring and cancer to working with asbestos.
When he understood the importance of this finding, he left his clinic and established at Mt. Sinai School of Medicine a program designed to end the asbestos scourge with tools of science and medicine placed in the hands of unions. Soon his work on asbestos and many other workplace pollutants impacted every affiliate of the Industrial Union Department.
Dr. Selikoff studied and counseled workers and their families in Baltimore, Charleston, Lansing, Duluth, Midland, Norfolk, Nitro, Port Allegheny, New York's Chinatown, the Rocky Mountains and the mountains of Vermont, Canada's Mohawk reservation and hundreds of other places. He became known as a great scientist, but he never stopped being a doctor who worked tirelessly every day of the week, examining chartered plane loads of workers on Sunday and bringing clinics to wherever workers gathered, whether in the union hall at night or the convention on Saturday.
He knew that doctors need to understand the workplace and the labor movement. He required all his students to work in or with the Industrial Union Department. He gave us a network of physicians and scientists who continue to help us, whether in the clinic or before the Congress.
He knew that labor and science function internationally. He gave us a community of university allies in thirty countries under the aegis of Collegium Ramazzini and its Institute for Occupational and Environmental Health Research.
He knew that we seldom could achieve zero exposure to most toxic substances in the workplace. He helped us create the Workplace Health Fund to assist workers at risk, become partners in cancer treatment research and develop special programs of education.
Dr. Selikoff gave us an agenda for the future, and a Center at Mt. Sinai, the Selikoff Fund of the Workplace Health Fund, and the Ramazzini Institute for Occupational and Environmental Health Research to carry out the agenda. It is up to those of us who benefitted from his life work to continue to support the institutions he created.
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- IRVING J. SELIKOFF TRIBUTE (Senate - August 04, 1992)
[Page: S11410]
Wednesday, February 20, 2013
All Forms of Asbestos Cause Cancer
In a joint statement the World Health Organization (WHO) and the International Agency for Research on Cancer (IARC) again declared all forms of asbestos cause cancer.
Joint WHO/IARC Statement
19 February 2013
In response to allegations in the recent Lancet article, IARC in the dock over ties with asbestos industry (The Lancet, doi:10.1016/S0140-6736(13)60152-X), WHO and IARC (International Agency for Research on Cancer) state the following:19 February 2013
- All forms of asbestos are carcinogenic to humans (IARC Monographs Volume 100C) and stopping the use of all forms of asbestos is the most efficient way to eliminate asbestos-related diseases (WHO Fact Sheet No 343).
- The study on cancer in chrysotile workers in Asbest, Russian Federation, for which IARC is providing its epidemiological expertise, will supply important scientific information to better quantify the risk of cancers already known to be related to chrysotile as well as additional cancers suspected to be related to chrysotile, the asbestos fibre is the most commonly produced.
- WHO and IARC take conflict of interest seriously and use a rigorous process to protect our research and development of norms, standards and guidelines from undue influence.
- IARC confirms the completeness and accuracy of all data and statements of scientific results published in the British Journal of Cancer (Estimating the asbestos-related lung cancer burden from mesothelioma mortality, doi:10.1038/bjc.2011.563) and presented at a conference in Kiev.
Wednesday, January 30, 2013
How to Protect Public Employees and Communities From Asbestos Exposure
Despite the courts and public opinion frowning on such terrible events, it is imperative that the legislatures of the nation take the appropriate measures to ban asbestos in use, and to require a registry all sites where asbestos is known to be present. Additionally, the sites should be publicly listed in a registry by the US EPA and those site declared to be areas where a potential health emergency exists.
Monday, January 21, 2013
UN Announces Treaty to Restrict Use of Mercury
Over 140 governments meeting at a United Nations forum in Geneva have agreed to a global, legally-binding treaty to address mercury, a notorious heavy metal with significant health and environmental effects.
The Minamata Convention on Mercury – named after a city in Japan where serious health damage occurred as a result of mercury pollution in the mid-20th Century – provides controls and reductions across a range of products, processes and industries where mercury is used, released or emitted.
These range from medical equipment such as thermometers and energy-saving light bulbs to the mining, cement and coal-fired power sectors, according to a news release issued today by the UN Environment Programme (UNEP), which convened the negotiations.
“After complex and often all-night sessions here in Geneva, nations have today laid the foundations for a global response to a pollutant whose notoriety has been recognized for well over a century,” said UNEP Executive Director Achim Steiner.
“Everyone in the world stands to benefit from the decisions taken this week in Geneva, in particular the workers and families of small-scale gold miners, the peoples of the Arctic and this generation of mothers and babies and the generations to come. I look forward to swift ratification of the Minamata Convention so that it comes into force as soon as possible,” he added.
The treaty, which has been four years in negotiation and which will be open for signature at a special meeting in Japan in October, also addresses the direct mining of mercury, export and import of the metal and safe storage of waste mercury.
Pinpointing populations at risk, boosting medical care and better training of health care professionals in identifying and treating mercury-related effects will also form part of the new agreement.
UNEP noted that mercury and its various compounds have a range of serious health impacts, including brain and neurological damage especially among the young. Others include kidney damage and damage to the digestive system. Victims can suffer memory loss and language impairment alongside many other well documented problems.
Among the provisions of the treaty, governments have agreed on a range of mercury-containing products whose production, export and import will be banned by 2020. These include batteries, except for 'button cell' batteries used in implantable medical devices; switches and relays; certain types of compact fluorescent lamps (CFLs); mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps; and soaps and cosmetics.
Certain kinds of non-electronic medical devices such as thermometers and blood pressure devices are also included for phase-out by 2020.
Governments also approved exceptions for some large measuring devices where currently there are no mercury-free alternatives. In addition, vaccines where mercury is used as a preservative have been excluded from the treaty as have products used in religious or traditional activities.
Read more about toxicity of mercury:
The Minamata Convention on Mercury – named after a city in Japan where serious health damage occurred as a result of mercury pollution in the mid-20th Century – provides controls and reductions across a range of products, processes and industries where mercury is used, released or emitted.
These range from medical equipment such as thermometers and energy-saving light bulbs to the mining, cement and coal-fired power sectors, according to a news release issued today by the UN Environment Programme (UNEP), which convened the negotiations.
“After complex and often all-night sessions here in Geneva, nations have today laid the foundations for a global response to a pollutant whose notoriety has been recognized for well over a century,” said UNEP Executive Director Achim Steiner.
“Everyone in the world stands to benefit from the decisions taken this week in Geneva, in particular the workers and families of small-scale gold miners, the peoples of the Arctic and this generation of mothers and babies and the generations to come. I look forward to swift ratification of the Minamata Convention so that it comes into force as soon as possible,” he added.
The treaty, which has been four years in negotiation and which will be open for signature at a special meeting in Japan in October, also addresses the direct mining of mercury, export and import of the metal and safe storage of waste mercury.
Pinpointing populations at risk, boosting medical care and better training of health care professionals in identifying and treating mercury-related effects will also form part of the new agreement.
UNEP noted that mercury and its various compounds have a range of serious health impacts, including brain and neurological damage especially among the young. Others include kidney damage and damage to the digestive system. Victims can suffer memory loss and language impairment alongside many other well documented problems.
Among the provisions of the treaty, governments have agreed on a range of mercury-containing products whose production, export and import will be banned by 2020. These include batteries, except for 'button cell' batteries used in implantable medical devices; switches and relays; certain types of compact fluorescent lamps (CFLs); mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps; and soaps and cosmetics.
Certain kinds of non-electronic medical devices such as thermometers and blood pressure devices are also included for phase-out by 2020.
Governments also approved exceptions for some large measuring devices where currently there are no mercury-free alternatives. In addition, vaccines where mercury is used as a preservative have been excluded from the treaty as have products used in religious or traditional activities.
Read more about toxicity of mercury:
Dec 20, 2012
The US EPA has announce that mercury, a hazardous substance, that was dischardged by EI DuPont in the Pompton River in NJ will be removed. For decades it has been known that mercury exposure causes illness and ...
Nov 26, 2012
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other ...
Mar 05, 2010
For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
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- US Supreme Court Hears Oral Argument on Workplace Harassment Case (workers-compensation.blogspot.com)
- Brown Testifies in NFL Arbitration - Pacific McGeorge School of Law (workers-compensation.blogspot.com)
- NFL, Like M.D.'s, Was Slow to Recognize Concussion Risk =Orentlicher & David (workers-compensation.blogspot.com)
Thursday, December 20, 2012
Mercury to be Removed by US EPA From Pompton River in NJ
The US EPA has announce that mercury, a hazardous substance, that was dischardged by EI DuPont in the Pompton River in NJ will be removed. For decades it has been known that mercury exposure causes illness and injury to workers.
The U.S. Environmental Protection Agency today announced its plan to remove mercury contamination from the sediment of the Acid Brook Delta of Pompton Lake in Pompton Lakes, New Jersey to levels that meet stringent standards to protect people’s health and the environment. The plan will go into effect as a modification of a permit, which legally requires the E.I. du Pont de Nemours & Company, Inc. to fund and perform the work. Under the permit modification, the EPA will require DuPont to dredge at least 100,000 cubic yards of mercury contaminated sediment from the bottom of a 40-acre area of Pompton Lake and remove at least 7,800 cubic yards of contaminated soil from a shoreline area of the lake affected by DuPont’s past discharges. All of the sediment and soil will be sent to a licensed disposal facility.
Mercury in the sediment and soil can build up in the tissue of fish and other wildlife and pose a threat to people who eat them. Exposure to mercury can damage people’s nervous systems and harm the brain, heart, kidneys, lungs and immune systems.
“The removal of mercury-contaminated sediment from Pompton Lake is a major step toward the recovery of the lake and the protection of people’s health,” said EPA Regional Administrator Judith A. Enck. “The expanded dredging and other revisions in the final cleanup plan reflect the EPA’s commitment to protecting public health and improving environmental quality in Pompton Lakes.”
In November 2011, the EPA proposed a preliminary permit modification to remove contaminated sediment from the bottom of Pompton Lake and encouraged the public to comment on it. A public hearing on the proposed permit modification was held in January 2012. The final permit modification announced today incorporates changes that were made in response to comments from the public and the U.S. Fish and Wildlife Service and additional technical information received from DuPont after the proposed permit modification was issued. A public meeting to discuss the permit modification for the Acid Brook Delta of Pompton Lakes will be held on January 15, 2013.
Under the final permit modification, the area of sediment that will be removed has been expanded by approximately 35% and sediment sampling is required to identify additional areas of the lake that may require the removal of mercury-contaminated sediment. In addition, DuPont is required to implement long-term monitoring of the effectiveness of the dredging, restore the soil between Lakeside Avenue and the edge of the lake, and perform an ecological risk assessment to determine whether additional action may be needed in the future. DuPont will be required to develop work plans for these requirements, which must be submitted to the EPA for approval. The cleanup will be financed and conducted by DuPont with EPA oversight.
The E.I. du Pont de Nemours & Company, Inc. operated the Pompton Lakes Works facility, located at 2000 Cannonball Road, from 1902 to April 1994. Products manufactured at the facility included explosive powder containing mercury and lead, detonating fuses, electric blasting caps, metal wires and aluminum and copper shells. The manufacturing operations and waste management practices contaminated soil, sediment and ground water both on and off-site. Lead and mercury from its operations were released into Acid Brook, which flows through the eastern part of the facility and discharges into the Acid Brook Delta of Pompton Lake. DuPont’s operations also contaminated the ground water with chlorinated volatile organic compounds, such as tetrachloroethylene, trichloroethylene, cis 1,2-dichloroethylene and vinyl chloride.
The cleanup of the Acid Brook Delta requires a modification of the permit under the federal Resource Conservation and Recovery Act. The final permit modification will become effective on February 4, 2013 pending any requests for appeal submitted prior to that date.
Plans to clean up the remaining areas of contamination will be proposed through future permit modifications after ongoing investigations by DuPont have been completed and reviewed by the EPA and the New Jersey Department of Environmental Protection. Opportunities for public participation will continue to be provided through regular updates, public notices and public meetings.
The permit modification and relevant documents are available at the EPA’s project website at:http://www.epa.gov/region02/waste/dupont_pompton/index.html.
The public also can review documents related to the permit modification and cleanup at:
Pompton Lakes Public Library
333 Wanaque Avenue, Pompton Lakes, New Jersey
(973) 835-0482
http://www.pomptonlakeslibrary.org/index.htm
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about "Mercury" and workers' compensation
The U.S. Environmental Protection Agency today announced its plan to remove mercury contamination from the sediment of the Acid Brook Delta of Pompton Lake in Pompton Lakes, New Jersey to levels that meet stringent standards to protect people’s health and the environment. The plan will go into effect as a modification of a permit, which legally requires the E.I. du Pont de Nemours & Company, Inc. to fund and perform the work. Under the permit modification, the EPA will require DuPont to dredge at least 100,000 cubic yards of mercury contaminated sediment from the bottom of a 40-acre area of Pompton Lake and remove at least 7,800 cubic yards of contaminated soil from a shoreline area of the lake affected by DuPont’s past discharges. All of the sediment and soil will be sent to a licensed disposal facility.
Mercury in the sediment and soil can build up in the tissue of fish and other wildlife and pose a threat to people who eat them. Exposure to mercury can damage people’s nervous systems and harm the brain, heart, kidneys, lungs and immune systems.
“The removal of mercury-contaminated sediment from Pompton Lake is a major step toward the recovery of the lake and the protection of people’s health,” said EPA Regional Administrator Judith A. Enck. “The expanded dredging and other revisions in the final cleanup plan reflect the EPA’s commitment to protecting public health and improving environmental quality in Pompton Lakes.”
In November 2011, the EPA proposed a preliminary permit modification to remove contaminated sediment from the bottom of Pompton Lake and encouraged the public to comment on it. A public hearing on the proposed permit modification was held in January 2012. The final permit modification announced today incorporates changes that were made in response to comments from the public and the U.S. Fish and Wildlife Service and additional technical information received from DuPont after the proposed permit modification was issued. A public meeting to discuss the permit modification for the Acid Brook Delta of Pompton Lakes will be held on January 15, 2013.
Under the final permit modification, the area of sediment that will be removed has been expanded by approximately 35% and sediment sampling is required to identify additional areas of the lake that may require the removal of mercury-contaminated sediment. In addition, DuPont is required to implement long-term monitoring of the effectiveness of the dredging, restore the soil between Lakeside Avenue and the edge of the lake, and perform an ecological risk assessment to determine whether additional action may be needed in the future. DuPont will be required to develop work plans for these requirements, which must be submitted to the EPA for approval. The cleanup will be financed and conducted by DuPont with EPA oversight.
The E.I. du Pont de Nemours & Company, Inc. operated the Pompton Lakes Works facility, located at 2000 Cannonball Road, from 1902 to April 1994. Products manufactured at the facility included explosive powder containing mercury and lead, detonating fuses, electric blasting caps, metal wires and aluminum and copper shells. The manufacturing operations and waste management practices contaminated soil, sediment and ground water both on and off-site. Lead and mercury from its operations were released into Acid Brook, which flows through the eastern part of the facility and discharges into the Acid Brook Delta of Pompton Lake. DuPont’s operations also contaminated the ground water with chlorinated volatile organic compounds, such as tetrachloroethylene, trichloroethylene, cis 1,2-dichloroethylene and vinyl chloride.
The cleanup of the Acid Brook Delta requires a modification of the permit under the federal Resource Conservation and Recovery Act. The final permit modification will become effective on February 4, 2013 pending any requests for appeal submitted prior to that date.
Plans to clean up the remaining areas of contamination will be proposed through future permit modifications after ongoing investigations by DuPont have been completed and reviewed by the EPA and the New Jersey Department of Environmental Protection. Opportunities for public participation will continue to be provided through regular updates, public notices and public meetings.
The permit modification and relevant documents are available at the EPA’s project website at:http://www.epa.gov/region02/waste/dupont_pompton/index.html.
The public also can review documents related to the permit modification and cleanup at:
Pompton Lakes Public Library
333 Wanaque Avenue, Pompton Lakes, New Jersey
(973) 835-0482
http://www.pomptonlakeslibrary.org/index.htm
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Read more about "Mercury" and workers' compensation
Nov 26, 2012
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other ...
Mar 05, 2010
For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
Aug 09, 2012
They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury. The long-awaited Interphone study, a major inquiry into the ...
Related articles
Monday, November 26, 2012
The 6 Things You Need To Do If You Are Exposed To Mercury
Today's post comes from guest author Catherine Stanton from Pasternack Tilker Ziegler Walsh Stanton & Romano.
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other chemicals) exposure. There are other forms of mercury, such as compounds found in contaminated fish, known as organic mercury and those are not covered by the guide.Workers who experience a one-time sudden exposure to any chemical substance at work, should:
- Gather as much information as you can about the type and amount of exposure, including labels, Material Safety Data Sheets (MSDS), and the medical emergency phone number on the MSDS.
- If you are feeling ill, seek medical attention at an emergency department (ED) immediately. It is best if a medical toxicologist is consulted as part of your visit to the ED. They can be reached for advice about treatment by having the healthcare professional contact the Poison Control Center at 1-800-222-1222.
- You can call the PCC independently for recommendations as well.
- Once the urgent situation has been taken care of, you may contact the nearest occupational health clinic in the country for recommendations and follow-up.
- This fact sheet is not a substitute for medical care. The purpose is to direct the exposed worker to the proper medical provider.
- Report any exposure to your employer immediately. Complete an incident or exposure form. If none is available, write a memo informing them of the exposure incident (date, time, location, what you were doing in the area, and for how long). Keep copies and insist that documents are placed in your personnel files.
Friday, June 29, 2012
Mesothelioma Rates Continue to be High
Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only well-established risk factor for mesothelioma is exposure to asbestos fibers. Prior asbestos exposure, primarily in the workplace, has been reported in 62 to 85 percent of all mesothelioma cases. Mesothelioma is a disease of long latency, typically with 20-40 years between exposure and onset of disease.
Rates of mesothelioma continue to hold steady. Use of asbestos in the United States continues to be permitted despite the fact asbestos is banned in many other countries.
More information about Mesothelioma
Related articles
More information about Mesothelioma
Mar 01, 2012
US Supreme Court Rules State Mesothelioma Claim Preempted By Federal Locomotive Statute. The US Supreme Court ruled yesterday in Kurns v. Railroad Friction Products Corp.that a claim can not be brought under state...
Dec 11, 2011
This week a New York state jury awarded $2 Million dolars to a former plastic compounder who was exposed to asbestos fiber and was subsequently diagnosed with mesothelioma. The employee worked in a plastic factory in ...
Nov 23, 2011
Dr. Yasunosuke Suzuki, A Pioneer of Mesothelioma Medical Research. I am saddened to report the passing of Dr. Yasunosuke Suzuki. Dr. Suzuki partnered with the late, Irving J. Selikoff MD at Environmental Sciences ...
Oct 06, 2011
"In conclusion, malignant mesothelioma remains a rare form of cancer but the disease is on the rise, probably due to the spread of asbestos use over past decades. Our analysis shows that the disease burden is still ...
....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos exposures and illnesses.
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos exposures and illnesses.
Related articles
Thursday, February 9, 2012
Stephen Levin MD - Dies of Cancer
It is with sadness that I report of the passing of Dr. Stephen Levin. Dr. Levin began an occupational disease evaluation practice in the office of Jack Sall, MD of Paterson NJ over 3 decades ago. He advanced to the Environmental Sciences Laboratory at the Mt. Sinai School of Medicine under the leadership of the late Irving J. Selikoff, MD, a pioneer in occupational disease research and more specifically asbestos related illnesses.
After the passing of Dr. Selikoff, Dr. Levin chaired the Environmental Sciences Department and maintained the archives of Dr. Selikoff. Dr. Levin was a leader and advocate for occupational disease research and treatment. His research work in post World Trade Center airborne toxins and disease build the foundation for the passage of the Zadroga 9-11 Health Benefits legislation enacted by Congress 14 months ago.
Joel Shufro, Executive Director of NYCOSH and Bill Henny, NYCOSH Board Chair, made the following statement, "He understood that the health of working people was directly tied to the health of the labor movement - that being organized into union or any other formation - was the first and most important step workers could take to protect their safety and health."
Stephen Levin championed the cause for helping victims of environmental and occupational disease. Ironically, like his predecessor, Dr. Selikoff, he also succumbed to cancer, the disease that they both battled against for others. Dr. Levin's will be sadly missed but his legacy will on.
See also:
Dr. Stephen Levin dead of cancer NY Daily News
"As the medical director of Mount Sinai Medical Center’s Irving J. Selikoff Center for Occupational and Environmental Medicine, Dr. Stephen Levin had long known how damaging airborne toxins were to unprotected lungs."
A memorial service will take place Tuesday, February 21, 2012 at 4 p.m. at the Mount Sinai School of Medicine's Stern Auditorium, 1468 Madison Avenue (@ E. 100th Street, New York, NY 10029.
After the passing of Dr. Selikoff, Dr. Levin chaired the Environmental Sciences Department and maintained the archives of Dr. Selikoff. Dr. Levin was a leader and advocate for occupational disease research and treatment. His research work in post World Trade Center airborne toxins and disease build the foundation for the passage of the Zadroga 9-11 Health Benefits legislation enacted by Congress 14 months ago.
Joel Shufro, Executive Director of NYCOSH and Bill Henny, NYCOSH Board Chair, made the following statement, "He understood that the health of working people was directly tied to the health of the labor movement - that being organized into union or any other formation - was the first and most important step workers could take to protect their safety and health."
Stephen Levin championed the cause for helping victims of environmental and occupational disease. Ironically, like his predecessor, Dr. Selikoff, he also succumbed to cancer, the disease that they both battled against for others. Dr. Levin's will be sadly missed but his legacy will on.
See also:
Dr. Stephen Levin dead of cancer NY Daily News
"As the medical director of Mount Sinai Medical Center’s Irving J. Selikoff Center for Occupational and Environmental Medicine, Dr. Stephen Levin had long known how damaging airborne toxins were to unprotected lungs."
A memorial service will take place Tuesday, February 21, 2012 at 4 p.m. at the Mount Sinai School of Medicine's Stern Auditorium, 1468 Madison Avenue (@ E. 100th Street, New York, NY 10029.
Wednesday, December 7, 2011
It is Time To Do The Right Thing
A recent decision by the NJ Courts illustrates the weaknesses of the present workers' compensation system when dealing with occupational exposures. The social remedial system called workers' compensation was designed before recognition of the compensability occupational illnesses.
The initial system was to furnish benefits without fault and in a summary and remedial fashion to injured workers. For the most part, that system worked from 1911 until the 1950's when the legacy of asbestos, used in World War II to insulate ships, came back to haunt the American worker by the manifestation of latent asbestos diseases including mesothelioma, a rare and fatal cancer.
Recently a NJ court denied the compensability of an asbestos related condition based upon the claimant's own knowledge of the causal relationship of an asbestos related medical condition and his own occupational exposure. Additional the court held that medical expert testimony was not required to support a motion to dismiss for the failure to meet the requirement of the statute of limitations.
In the 1970's the US Department of Labor was concerned with the same weaknesses and unavailability of benefits. The US DOL commissioned the Environmental Sciences Center at the Mt. Sinai School of Medicine under the leadership of the late Irving J. Selikoff, MD to study and analyze the problem. The weaknesses of the system, even though less dramatic than present, led to the conclusion that the workers' compensation systems just didn't work for occupational disease conditions. Additionally, costs for medical treatment of asbestos related conditions were being shifted at an estimated $10 Billion dollars, at that time, to the Medicare system.
Dr. Selikoff studied two major cohorts in analyzing the inadequacies of the workers' compensation system. One group were insulators, and another group were 933 former plant workers at The Union Asbestos and Rubber Company of Paterson NJ who worked in war production between 1942 and 1944. Strikingly, the dormant medical conditions caused by the occupational exposure to asbestos fiber, and the latent condition of the disease for decades, caused major problems in filing claims. Those included the statute of limitation and diagnosis by medical professionals. Some professional were Grade B readers certified by The National Institute of Occupational Safety and Health (NIOSH) and even those experts in the field were challenged in Court.
The report, that was submitted to the US Congress, concluded that the failure of the workers' compensation system to provide benefits to many who were exposed to asbestos, and the inadequate benefits to others. Their low rates were based on extremely low wages at the time of exposure. For these and other reasons, the report concluded, that the workers' compensation had failed to adequately provide treatment and other benefits. Since workers' compensation was not meeting the needs, claimants flocked to the tort system in epidemic proportion resulting in "the longest running tort" in American judicial history, "asbestos litigation." That litigation continues to this day. Even scores of companies that have reorganized under bankruptcy to avoid liability exposure are now providing benefits under a claims procedure.
While the NJ Court's decision may have been on point with regard to the Rules adopted to govern workers' compensation cases, it is time to revisit whether the Rules are too strict and defeat the social and remedial goals of the system that was envisioned by the creators in 1911. On a global scale, the failure of the workers' compensation to provide benefits results in the inequitable shift of responsibility to the general taxpayer.
To meet the needs of those exposed occupationally, Congress needs to act now upon a global and unified solution. One path to the goal of correcting inequities of the system is to advance a system of universal medical care. The US government must do the right thing. The medical delivery system for occupational diseases must come under a national universal medical care program. Additionally Congress must meet its moral and social responsibility and finally ban asbestos use in the US once and for all.
Read the decision: Russo v. Hoboken Board of Education, A-1861-10T4 (App. Div. November 29, 2011)
"...the WCJ found that he knew asbestos could cause lung disease and other medical problems as early as "the 70s." She noted that Russo "made complaints about the exposures to harmful substances . . . while still teaching." The WCJ further found that Russo "was well aware of the potential harmful effects of asbestos exposure," and she rejected his claim that the petition was not time-barred "because he was never informed by any of his treating physicians that his cancer was related to this exposure."
...
For over 3 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.
Related articles
- Changing the Fundamental Rules of Workers Compensation (workers-compensation.blogspot.com)
- Dr. Yasunosuke Suzuki, A Pioneer of Mesothelioma Medical Research (workers-compensation.blogspot.com)
- Why is the US Still in the Asbestos Business? (workers-compensation.blogspot.com)
- The Gingrich Revival and The Future of Workers' Compensation (workers-compensation.blogspot.com)
- Fallout From The Failure of Super Committee May Cascade Into Workers Compensation Medical Delivery (workers-compensation.blogspot.com)
- Gingrich: Workers' Compensation is History (workers-compensation.blogspot.com)
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