Phones Off, Court On

New Jersey reaffirms a near-total ban on recording workers' compensation proceedings.

Invisible Wounds, Visible Costs

The ILO’s 2026 SafeDay Report and What It Means for Workers’ Compensation

Single Payer’s Workers’ Compensation Gamble

For more than a decade, this blog has tracked what I have called “The Path to Federalization,” the steady, incremental expansion of federal authority over what was once an exclusively state-run workers’ compensation system. From the World Trade Center Health Program in 2010 to the Affordable Care Act’s Libby Care pilot, from Supreme Court validation of the individual mandate in 2012 to the Medicare Secondary Payer offset debate, each chapter has added a new stone to that path. California’s 2026 gubernatorial race is laying the boldest stone yet.

FTC Report Strikes at the High Cost of Drugs

The US Federal Trade Commission [FTC] report "Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main Street Pharmacies" examines the influence of Pharmacy Benefit Managers (PBMs) in the pharmaceutical industry.

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates

It seems that every decade a new pandemic emerges on the world scene, and complacency continues to exist in the workers’ compensation arena to meet the emerging challenges of infectious disease.

OSHA Temporary Emergency COVID Standard on the Horizon

President-elect Joe Biden plans to have OSHA establish an emergency temporary standard to keep workers safe from COVID-19. 

White House Contamination Highlights Asbestos Controversy

Ivanka Trump, Kellyanne Conway and other senior White House aides have vacated their West Wing offices while asbestos is removed – even as the Trump administration is manipulating a federal chemical safety law to keep asbestos legal.

NJ Governor Murphy Signs Legislation to Protect First Responders, Including 9/11 Volunteers

On July 8, 2019, Governor Phil Murphy signed A4882 and S716 into law, which will enhance protections for first responders, including those who volunteered for 9/11 rescue, recovery, and clean-up efforts at World Trade Center sites.

“Thousands of courageous volunteers put their lives on the line in order to save those affected by the devastation of 9/11,” said Governor Murphy. “We will never forget their selfless acts of heroism, just as we will always be grateful for the first responders who put their lives on the line for us every day. Today we send a clear message to all of our heroes: We have your back. I am proud to sign legislation that will ensure the health benefits and compensation that these incredible men and women deserve.”

A4882, also known as “the Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act,” is named after Lieutenant Bill Ricci, a professional firefighter in Clifton, Passaic County, who volunteered to serve at Ground Zero after the terrorist attacks on September 11, 2001. Lieutenant Ricci was ineligible for an accidental disability retirement under previously existing law. However, through this act, members and retirees who volunteered for 9/11 rescue, recovery, or cleanup operations, like Lieutenant Ricci, will be eligible to receive accidental disability retirement. This act will also create an exception to the normal five-year filing requirement for 9/11-related operations.

S716, also known as “the Thomas P. Canzanella First Century First Responders Protection Act,” is named after Deputy Chief Thomas P. Canzanella, a former Hackensack firefighter and advocate who served at Ground Zero after 9/11. Deputy Chief Canzanella, who was an IAFF state representative, passed away from a heart attack at the age of 50. In 2016, Governor Christie absolute vetoed a previous version of this bill.

Under previously existing law, first responders and firefighters had the burden of proving causation for their illnesses, which often required a significant expense of time and resources. This new law reforms New Jersey’s workers’ compensation law to create a rebuttable presumption of coverage for public safety workers for certain illnesses. For firefighters, those with seven or more years of service who suffer an injury, illness or death caused by certain types of medical conditions would not be required to demonstrate causation or exposure before receiving medical benefits and financial compensation. Other first responders, including first-aid or rescue squad members, police, corrections officers, nurses, medical technicians, and other medical personnel, are also not required to demonstrate causation of illnesses, but are required to provide evidence of exposure.

“The Labor Department works hard to ensure that workers receive all the benefits they are entitled to under the law, and this is especially true for our first-responders,” said New Jersey Department of Labor and Workforce Development Commissioner Robert Asaro-Angelo. “I’m proud to see that New Jersey’s brave men and women on the front lines, who run toward danger to keep the rest of us safe, will now have access to benefits if they become sick or disabled as a result of their heroism on 9/11, and will be taken care of in any future emergency.”

“I am glad that the lawmakers were able to come together on this so quickly to help us,” said Lieutenant Bill Ricci, City of Clifton Firefighter. “It’s great how there were changes made on the fly to help more people as they became aware of the need. Hopefully, only a few will require this legislation, but it’s here now to help all that need it.”

“My family is so honored and so grateful to stand here today. It’s been a very long 12 years without him but to see that this work is going to help so many people is just so powerful,” said Allison Canzanella, daughter of Thomas P. Canzanella. “And, I’m just so proud to be his daughter every single day. Thank you.”

“Today, with the signing of the “Thomas P. Canzanella 21st Century First Responders Protection Act,” Firefighters, first responders, public safety workers, and their families in New Jersey will benefit in the event of an injury, illness or death in the performance of their duties,” said Dominick Marino, President of the Professional Firefighters Association of New Jersey. “On behalf of the PFANJ Executive Board, its members, and their families, I want to thank Assemblywomen Quijano and Senator Greenstein for sponsoring and working to get the “Thomas P. Canzanella 21st Century First Responders Protection Act” passed and thank Governor Murphy for signing it into law.”

“The IAFF is proud to see New Jersey recognizing the dangers of occupational cancer our members encounter,” said Harold Schaitberger, General President of the International Association of Fire Fighters. “The “Thomas P. Canzanella Twenty First Century First Responders Protection Act” will help care for fire fighters who are sick as a result of doing their duty of protecting their community.”

“It is time that we the citizens of New Jersey protect our police and fire as they protect us. The signing of these 2 bills is a beginning of this endeavor,” said Robert Fox, President of the New Jersey State Fraternal Order of Police. “I thank the Governor, the Assembly, and the Senate for their actions to get these bills signed into law.”

“With the signing of these bills today, Governor Murphy and the Legislature guarantee the brave men and women who answered the call on 9/11 are not forgotten,” said Pat Colligan, President of the New Jersey State Policemen’s Benevolent Association. “Those officers who bravely went into harm’s way and have dealt with the health consequences now have the reassurance they will be covered. I want to thank the Governor and Legislature for assuring our heroes that they are not abandoned.”

“The NJFMBA thanks the Governor and Legislature for moving this important legislation and signing them in Jersey City,” said Wayne Wolk, Executive Vice President of the New Jersey State Firefighters’ Mutual Benevolent Association. “Seventeen years ago, our elected officials promised to never forget the sacrifices first responders made on September 11th and the weeks and months that followed. Today, our elected officials showed that here in New Jersey, they keep their promises.”

“I want to thank everyone for their hard work in getting this bill passed, including the Governor, the Legislature, and most of all, the brave responders who answered the call on 9/11,” said Dr. Iris Udasin, Medical Director of the World Trade Center Clinic, Rutgers’ Environmental and Occupational Health Sciences Institute.

Primary sponsors of A4882, also known as, “the Bill Ricci World Trade Center Rescue, Recovery, and Cleanup Operations Act,” include Assemblymembers James Kennedy, Jamel Holley, and Andrew Zwicker, and Senators Nicholas Scutari and Joseph Lagana.

“When police and firefighters in New Jersey received word that two planes had struck the World Trade Center on September 11, 2001, many of them didn’t hesitate before responding to the scene, even though they were not specifically ordered to go,” said Assemblyman James Kennedy. “Unfortunately, some suffered permanent or total disability. Due to the fact that they responded as volunteers, they have not been entitled to the same compensation as their counterparts who were considered to be ‘on the job’ that day. This law changes that.”

All of the heroic men and women who responded to Ground Zero deserve our utmost respect and admiration, regardless of whether they were on the clock,” said Assemblyman Jamel Holley. “They all saw the same terror, took the same risks, and worked towards the same goal. If their health has been affected in the time since, they all should be eligible for the same disability allowance.”

“Our country is still feeling the effects of 9/11 today. The impact on those who were there – particularly our first responders – remains even more prevalent,” said Assemblyman Andrew Zwicker. “We can go further to honor our first responders by ensuring they are recognized and compensated for their service on 9/11, voluntary or otherwise. They deserve nothing less.”

“Many of these brave men and women are suffering from serious illnesses traced back to their efforts at Ground Zero,” said Senator Nicholas Scutari. “This law will provide much needed financial support for these individuals whose health was drastically effected when they heroically put their country first on 9/11.”

“In the aftermath of 9/11, first responders from our state displayed absolute heroism, facing fear and uncertainty head-on. Now, these brave individuals will finally be able to receive the increased benefits of accidental disability they deserve,” said Senator Joseph Lagana. “This is an easy decision to make to help our resident heroes who are facing medical conditions related to the Ground Zero cleanup. Guaranteeing these benefits is the least we can do for these brave men and women.”

Primary sponsors of S716, also known as, “the Thomas P. Canzanella First Century First Responders Protection Act,” include Senators Linda Greenstein, Christopher Bateman, and Joseph Lagana, and Assemblymembers Anette Quijano, Daniel Benson, and Verlina Reynolds-Jackson.

“First-responders should not have to fight to receive treatment or compensation related to on-the-job exposure to toxins and pathogens,” said Senator Linda Greenstein. “This law recognizes that symptoms of illnesses may not be immediate and ensures that no matter when symptoms occur, our emergency personnel are protected.”

“First responders run towards danger with the sole goal of saving lives. We have already seen far too many pay a price for that heroic sacrifice. We need to ensure these heroes get the medical care they earned in the line of duty,”said Senator Christopher Kip Bateman. “This law is the least we can do to thank the bravest among us for their unwavering commitment to keeping us safe.”

“These workers are our first line of defense. Their jobs are not only stressful, they are dangerous,” said Assemblywoman Annette Quijano. “This new law ensures that public safety workers are adequately covered if they suffer a debilitating illness or worse related to their duties at work.”

“Public safety workers expose themselves to dangerous situations that could prove debilitating and even deadly,” said Assemblyman Dan Benson. “Most importantly, the work can be a significant health hazard. Our workers deserve comparable coverage.”

“These workers put their lives on the line for the safety of others,” said Assemblywoman Verlina Reynolds-Jackson. “They should never have to question whether they will be compensated accordingly for the sacrifices that they make.”

….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Limits for Toxic Plastics – No Asbestos Ban

Today, the Basel, Rotterdam, and Stockholm United Nations Conventions concluded, with some major steps taken by parties to control the trade and management of certain toxic chemicals: 

Basel Convention: Countries Take Major Step to Control Plastic Waste Dumping, Stop Major Loophole for Electronic Waste
Today, 187 countries took a major step forward in curbing the plastic waste crisis by adding plastic to the Basel Convention, a treaty that controls the movement of hazardous waste from one country to another. The amendments, originally proposed by Norway, require exporters to obtain the consent of receiving countries before shipping most contaminated, mixed, or unrecyclable plastic waste, providing an important tool for countries in the Global South to stop the dumping of unwanted plastic waste into their country. The decision reflects a growing recognition around the world of the toxic impacts of plastic and the plastic waste trade.

Because the US is not a party to the Convention, the amendments adopted today also act as an export ban on unsorted, unclean, or contaminated plastic waste for the US towards developing countries who are parties to the Convention and not part of the OECD. The amendment will have a similar effect for the EU, a party to the Convention, whose own internal legislation bans exports of waste included under the Convention to developing countries.

“Today’s decision demonstrates that countries are finally catching up with the urgency and magnitude of the plastic pollution issue and shows what ambitious international leadership looks like,” says David Azoulay, Environmental Health Director at the Center for International Environmental Law (CIEL). “Plastic pollution in general and plastic waste in particular remain a major threat to people and the planet, but we are encouraged by the decision of the Basel Convention as we look to the future bold decisions that will be needed to tackle plastic pollution at its roots, starting with reducing production.”
 
Countries halted a major loophole that would have allowed the continued export of electronic waste (e-waste), without proper controls. The proposed guidelines describing how e-waste is treated under the Basel Convention would have allowed countries to send equipment for repair without the prior informed consent procedure. The guidelines were ready for adoption, with wide support. The African region, India, and other countries, supported by civil society, raised a red flag about the inclusion of this loophole, and countries chose to continue negotiating the guidelines at the next COP, instead of adopting ineffective guidelines.
 
Countries established Low POPs Content Levels (LPCLs), which define the amount of POPs at which waste is considered hazardous waste. Under this designation, the waste must be disposed of in a way that destroys or irreversibly transforms its POPs content. LPCLs are key: Higher values mean that dangerous materials can, in practice, be recycled into everyday products, triggering further exposure to very toxic POPs. Mobilizing against very high values proposed by the EU, African countries and other recipient countries of waste managed to resist the extreme pressure from the EU and other developed countries, and obtained the inclusion of lower values together with the higher values proposed by the EU, opening the way for future work to lower the levels of POPs allowed in waste even further.
 
Parties considered a report on the role of the Basel Convention to regulate waste containing nanomaterials. It recommended the inclusion of certain nano-containing waste under the Basel Convention, and invited further work to identify those wastes that should be covered by the Convention. In a disappointing move, parties adopted a weak decision only requiring the collection of information on national initiatives to address nano-containing waste.

Stockholm Convention: Countries Pass Global Ban on Toxic PFOA
Parties to the Stockholm Convention passed a global ban of PFOA — a suspected carcinogen and endocrine disruptor that has contaminated drinking water in many parts of the world. The Stockholm Convention regulates persistent organic pollutants (POPs), some of the world’s worst chemicals that harm human health and build up in the environment and the body over time.

“While the global ban on PFOA marks an important step forward in protecting the environment and people’s health, we regret that countries undermined the scientific process of the Convention to include unjustified exemptions to the ban,” said Giulia Carlini, Staff Attorney at CIEL.

A number of wide-ranging five-year exemptions were included in the PFOA ban for firefighting foams, medical devices, and fluorinated polymers, among other uses. Though China, the European Union, and Iran participated in the scientific review process, they proposed exemptions that had not undergone scientific review or were reviewed and disqualified by the scientific committee.

“PFOA is one of the world’s worst chemicals, and yet countries have found ways to continue human exposure to its toxic harms. Tellingly, even some industry groups disagreed with some of the exemptions, as there are widely available alternatives to these chemicals,” says Carlini. “Countries’ insistence on including these exemptions — in spite of readily available alternatives and a lack of evidence — reveals a disrespect for the scientific review process at the heart of the Stockholm Convention.”

Rotterdam Convention: Countries Break 15 Years of Gridlock Using Voting Procedure for First Time Ever
In the first-ever vote taken under the Rotterdam Convention, 120 parties to the Stockholm Convention broke through gridlock and disagreement to establish a compliance mechanism for the Convention. The compliance mechanism will allow countries to be held accountable for not respecting their commitments under the Convention. After nearly 15 years of negotiations with little forward movement, countries decided that “all efforts to reach consensus had been exhausted” and opted instead to vote, for the first time in the history of the Convention. The adoption of the new mechanism through a vote means that only those parties in agreement to the provisions will be be subject to this mechanism. A total of 126 Parties voted, of which 120 agreed to the compliance mechanism and only six opposed.
 
Countries listed hexabromocyclododecane (HBCD), a toxic chemical used as a flame retardant, and phorate, a pesticide that is extremely toxic to humans, under the Rotterdam Convention’s Annex III, meaning that countries must get the prior informed consent of receiving countries in order to export these chemicals.
 
Unfortunately, countries failed to take action on the five other chemicals up for listing under Annex III of the Convention. In particular, chrysotile asbestos and paraquat, which have been reviewed and identified as chemicals of concerns by the Scientific Chemical Review Committee of the Convention, and have been on the agenda for years. A handful of countries repeatedly blocked the consensus required to list these chemicals under the Convention, undermining the scientific process underlying the Convention.

See also:

 India reverses stand on asbestos at Rotterdam Convention meet

EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal

NJ Legislature Bans Asbestos

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

US EPA Continues to Shield the Asbestos Industry

Trump EPA Moves To Shield Info on Asbestos Imports and Use From Public

The Trump administration has denied a petition by a coalition of environmental groups calling for increased reporting of asbestos importation and use by U.S. manufacturers – despite a sharp rise in asbestos imports into U.S. ports.

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.'"

US Department of Labor Urges Major Changes in the Nation's Workers' Compensation System

As The Path to Federalization of the US workers' compensation system broadens, the US Department of Labor has published a report urging expansion of the Federal role in reforming the entire patchwork of state systems. As the Presidential Election Cycle moves ahead, the ultimate outcome will impact the the nation's struggling workers' compensation scheme. Based on historical statements both "Hillarycare" or "Trump Medical," (lead by his advisor, Former Speaker Newt Gingrich,  will focus on this issue. See  my prior blog posts below.

Sanders Proposes Universal Health Care: The Path to Federalization

Presidential candidate Bernie Sanders has announced a plan to move forward with a Universal Medical Care program in the US. The concept will absorb the nation's ailing the medical workers' compensation delivery system into a universal care system.

Congress extends the Zadroga 9/11 Health and Compensation Act

The United States Congress has voted to extend the James Zadroga 9/11 Health and Compensation Act as part of a major spending bill that now heads to the President’s desk to be signed into law. The bill will extend the World Trade Center Health Program to 2090 and provide full compensation to survivors and first responders through the September 11 Victim Compensation Fund.

Senator Gillibrand: We Have a Moral Obligation to Care for 9/11 Heroes, Survivors & Their Families

As the Zadroga Act slowly journeys to expiration, Senator Kristen Gillibrand (D-NY) declared that, “We Have a Moral Obligation to Continue to Provide the Critically Needed Care and Compensation That Our 9/11 Heroes, Survivors and Their Families Deserve."

The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act

The US Supreme Court again affirmed the validity of The Affordable Care Act. The Obamacare program, as it has been nicknamed, will continue to lead to a medical delivery program than eventually will have major repercussions on the antiquated and ineffective medical care system of the existing patch work of state workers' compensation insurance acts.

Health and Compensation Programs Passed Into Law After Almost Decade Long Fight Set to Expire This Year – Participants in 9/11 Health Program Living in All 50 States and 429 of 435 Congressional Districts

After nearly a decade long fight to stand by our first responders who answered the call of duty on September 11th, Congress finally fulfilled its moral obligation in late 2010 and provided our 9/11 heroes with the health care and financial compensation they deserved by passing the James Zadroga 9/11 Health and Compensation Act. With the Zadroga bill’s two critical programs – the World Trade Center (WTC) Health Program and the September 11th Victim Compensation Fund – set to expire in October 2015 and October 2016 respectively a bipartisan group of lawmakers from across the country today introduced the James Zadroga 9/11 Health and Compensation Reauthorization Act to permanently extend these programs. Last month, the U.S. Senate unanimously passed an amendment to the Senate budget resolution that will facilitate future legislation to renew and extend the Zadroga Act.

Sugar is the New Poison: Time for a Healthier Workplace Menu

The 2015 Dietary Guidelines Advisory Committee (Committee) submitted the Scientific Report of the 2015 Dietary Guidelines Advisory Committee (Advisory Report) to the Secretaries of the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Agriculture (USDA) in February 2015. The purpose of the Advisory Report is to inform the Federal government of current scientific evidence on topics related to diet, nutrition, and health. It provides the Federal government with a foundation for developing national nutrition policy. However, the Advisory Report is not the Dietary Guidelines for Americans policy or a draft of the policy. The Federal government will determine how it will use the information in the Advisory Report as the government develops the Dietary Guidelines for Americans. HHS and USDA will jointly release the Dietary Guidelines for Americans, 2015 later this year.

The public is encouraged to view the Committee’s Advisory Report and provide written comments through midnight E.D.T. on April 8, 2015. The public will have an opportunity to attend a public meeting to hear or provide oral comments on March 24, 2015. Registration is expected to open on or about March 9, 2015.

Each section of the Advisory Report below links to text for that section. A printable PDF is also provided. The PDF provides page and line numbers that the public can use when...

[Click here to see the rest of this post]

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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]

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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.

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