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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Friday, June 25, 2010

How to File a Gulf of Mexico Incident Claim

The Deepwater Horizon Unified Command has established the following process for submission of Deepwater Horizon incident claims.


BP has established an Online Claim Form as well as a Claims Line for oil spill-related claims.  
Online Claim forms are available in three languages:
The toll-free number for the claims line is 1-800-440-0858. The line is available 24 hours a day, 7 days a week.
  • Personnel at the Claims Line will provide each caller with information on how to submit a claim.
  • Each claim will be assigned to an adjuster and the claim will promptly be investigated and evaluated.
  • Larger and more complex claims may require additional investigation and documentation prior to evaluation and resolution.
  • BP will pay resolved claims promptly. 
BP takes responsibility for responding to the Deepwater Horizon oil spill. We will clean it up. BP has established a robust process to manage claims resulting from the Deepwater Horizon Incident.
BP will pay all necessary and appropriate clean-up costs.
BP is committed to pay legitimate and objectively verifiable claims for other loss and damage caused by the spill – this may include claims for assessment, mitigation and clean up of spilled oil, real and property damage caused by the oil, personal injury caused by the spill, commercial losses, including lost of earnings, profit and other losses as contemplated by applicable laws and regulations.
Additionally, BP has established several claims offices along the Gulf Coast. The office hours are from 8 a.m. to 7 p.m. each day. BP has posted a video about the claim center on their Web site: click here to watch the video.
For more detailed information regarding BP claims process, click here. 
Federal disaster assistance information: 
Individuals and businesses looking for information on how to obtain Federal assistance for dealing with the impacts of the current oil spill should visit www.DisasterAssistance.gov. Before applying for Federal assistance, individuals should first make a claim with the responsible parties. See information on this page above for that process.
DisasterAssistance.gov includes information on the types of Federal assistance that individuals and businesses can apply for such as nutrition programs, business disaster loans, temporary assistance for needy families and unemployment insurance.
Click on the oil spill box at the top of the DisasterAssistance.gov homepage to take you to a page with oil spill specific information. Individuals seeking oil spill related assistance should not use the registration function at this site, but should follow the instructions laid out on the oil spill specific page instead.
Claims Office Locations
ALABAMA
FLORIDA
LOUISIANA
New Orleans, La.
4375 Michoud Blvd.
New Orleans, LA 70129
MISSISSIPPI
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Tuesday, June 22, 2010

Oil Spill Workers Hazards May Cause Health Hazards The National Institute of Medicine held a hearing yesterday, continuing today, in New Orleans.

Heat, exposure to chemicals and changes caused by the disaster, yield a recipe for serious medical conditions, so reported a group of presenters at the National Institutes of Medicine conference in New Orleans. Those conditions include lung, kidney and liver function.


June 22, 2010

8:00 a.m. Registration
8:30 a.m. Welcome Harvey V. Fineberg, President, IOM
8:40 a.m. Charge to the IOM
Nicole Lurie, Assistant Secretary for Preparedness and Response, Department of Health and Human Services
8:50 a.m. Introductory Remarks
Planning Committee Chair: Nancy E. Adler, University of California, San Francisco
9:00 a.m. The Compelling Need to Understand the Effects of Oil Spills on Human Health
  • Bernard D. Goldstein, University of Pittsburgh
  • Blanca Laffon, University A Coruna
  • Edward B. Overton, Louisiana State University
9:45 a.m. The Response of the Federal Government to Health ConcernsJohn Howard, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention
SESSION I. AT-RISK POPULATIONS AND ROUTES OF EXPOSURE

10:00 a.m. Panel Discussion. Taking Stock: Who Is at Risk and How Are They Exposed?
Moderator: Linda Rosenstock, University of California, Los Angeles
  • Routes of Exposure and At-Risk Populations - Paul J. Lioy, Rutgers University
  • Residents of Affected Regions: General and Special Populations - Maureen Y. Lichtveld, Tulane University
  • Occupational Risks and Health Hazards: Workers and Volunteers - Scott Barnhart, University of Washington
SESSION II. SHORT- AND LONG-TERM EFFECTS ON HUMAN HEALTH

11:10 a.m. Panel Discussion. The Here and Now: What are the Short-term Effects on Human Health?
Moderator: Linda A. McCauley, Emory University
  • Short-term Physical Effects - Nalini Sathiakumar, University of Alabama at Birmingham
  • Short-term Psychological Stress - Howard Osofsky, Louisiana State University 
  • Heat Stress and Fatigue - Thomas E. Bernard, University of South Florida
12:20 p.m. LUNCH (on your own)

1:30 p.m. Panel Discussion. The Need to Know: What Are the Potential Delayed and Long-term Effects on Human Health?
Moderator: Kenneth Olden, Hunter College of the City University of New York
  • Neurological, Cancer, and Other Chronic Conditions - Peter Spencer, Oregon Health & Science University
  • Human Reproduction - Brenda Eskenazi, University of California at Berkeley
  • Impact on Health and Vulnerabilities of Children - Irwin Redlener, National Commission on Children and Disasters
  • Stress - Sheldon Cohen, Carnegie Mellon University
  • Lessons Learned from Previous Oil Spills - Lawrence A. Palinkas, University of Southern California
SESSION III. STRATEGIES FOR COMMUNICATING RISK
3:00 p.m. Engaging the Public, Protecting Health
Presenter: David Abramson, Columbia University
3:20 p.m. Dialogue with Workshop Participants
Moderator: Mike Magee, Healthy-Waters.org
  • Brief Invited Remarks - Community Perspectives:
    - Myra Lewis
    - Diem Nyugen    - Wilma Subra
    - John Hosey (invited) 
  • Open Dialogue with Audience
4:20 p.m. Day 1 Closing Remarks
Nancy E. Adler, University of California, San Francisco
4:30 p.m. ADJOURN

June 23, 2010

8:30 a.m. Registration
9:00 a.m. Recap of Day 1 Discussions and Overview of Day 2Nancy E. Adler, University of California, San Francisco
9:10 a.m. Remarks from the Surgeon General of the United States Public Health ServiceVice Admiral Regina M. Benjamin
SESSION IV. OVERVIEW OF HEALTH MONITORING ACTIVITIES
9:20 a.m. Panel Discussion. How are State Governments Currently Monitoring the Effects of the Gulf of Mexico Oil Spill on Human Health?
Moderator:  LuAnn E. White, Tulane University
  • Jimmy Guidry, Louisiana State Health Officer
  • Mary Currier, Mississippi State Health Officer
  • Ana M. Viamonte Ros, Florida State Surgeon General
  • Donald E. Williamson, Alabama State Health Officer
  • Bruce Clements, Director of the Community Preparedness Section, Texas Department of State Health  Services
SESSION V. RESEARCH METHODOLOGIES AND DATA SOURCES
10:30 a.m. Panel Discussion. Critical Thinking: What Research Methodologies and Data Sources Could Be Used in Surveillance and Monitoring Activities?
Moderator: John C. Bailar III, University of Chicago
  • Overview of Research Methodologies and Data Collection - Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
  • Surveillance and Monitoring - Thomas D. Matte, Hunter College, City University of New York
  • Environmental Assessment, Risk, & Health - William H. Farland, Colorado State University
  • Mental Health - Howard Osofsky, Louisiana State University
  • Biomedical Informatics and Registries - Daniel R. Masys, Vanderbilt University School of Medicine

12:20 p.m. LUNCH (on your own)
SESSION VI. FUTURE DIRECTIONS AND RESOURCE NEEDS
1:30 p.m. Panel Discussion. Looking Ahead: How Do We Develop Effective Surveillance and Monitoring Systems?
Moderator: David A. Savitz, Mount Sinai School of Medicine
  • Nancy E. Adler, University of California, San Francisco
  • John C. Bailar III, University of Chicago
  • Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
  • Maureen Y. Lichtveld, Tulane University
  • Linda A. McCauley, Emory University
  • Kenneth Olden, Hunter College of the City University of New York
  • Linda Rosenstock, University of California, Los Angeles
3:20 p.m. Closing RemarksNancy E. Adler, University of California, San Francisco
3:30 p.m. ADJOURN
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Monday, June 21, 2010

Compensating Injured Oil Spill Workers-Making the Right Choices is Critical

Workers' Compensation is national in scope and benefits for injured and exposed oil spill workers should be no exception according to the President Obama's oil spill paymaster, Kenneth Feinberg. Feinberg remarked on national television today that he will interpret benefits based on local State law and that the existing limit of $20 Billion for the Fund may be inadequate to pay all claims.


Two specific scenarios apply in workers' compensation actions that will allow the oils spill compensation fund to make benefits. First is the US Supreme Court's interpretation that workers' compensation claims may be allocated among several jurisdictions. In other words, the three basic benefits: temporary, medical and permanent disability may be divided in accordance with three separate jurisdictions to provide the highest possible benefit to the injured worker. Industrial Commission of Wisconsin v. McCartin, 330 U.S. 622, 67 S.Ct. 886, 91 L.Ed. 1140 (1947), U.S.C.A. Const. art. IV, Sec. 1.

Secondly, the oil spill compensation fund will look to the law of the individual State that governs to determine validity. If the claim is valid in that jurisdiction then it will be allowed. Feinberg said, "One thing we learned from the 9/11 fund, you'll recall, Congress passed that law and said that when it comes to whether or not a financial injury was caused by the terrorist attack, look to the local law of the state where you leave." "So if a Boston restaurant says, 'We're losing business in our restaurant because we can't get shrimp from the Gulf,' let's take a look at Massachusetts law. Would Massachusetts law recognize that claim? If it would, I will. If it wouldn't, I won't. That's what Congress suggested and that might work here."


Workers employed and hired through national corporations may have multiple legal options available in choosing the right state law to apply. Those selections will need to be chosen wisely.


To read more about petroleum exposure and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.









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Saturday, June 19, 2010

Campaign for Centennial Workers Compensation Postage Stamp

A national campaign to petition the US Postal Service to issue a Workers' Compensation commemorative postage stamp. The stamp images above was issued in 1961 to commemorate the 50th anniversary of the national patchwork of systems comprising US workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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Friday, June 18, 2010

Air Quality Hazards of the Gulf Oil Spill



This video highlights the serious and extensive potential health hazards of the gulf oil spill.

To read more about petroleum exposure and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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EC Publishes Criteria to Diagnose Occupational Illness


The European Commission has published a listing of the criteria for diagnosis occupational disease. The 272 page report is available on-line. It reviews hundreds of established occupational medical conditions.

a) The clinical features must fit in with what is known about the health effects following  exposure to the specified agent. The symptoms and signs should fit, and this may be supported in some cases by suitable diagnostic tests.

b) There must be indication of sufficient occupational exposure. Evidence on exposure may be obtained through taking the occupational history, results of occupational hygiene measurements taken at the workplace, biological monitoring results, and/or records of incidents of over-exposure.

c) The time interval between exposure and effect must be consistent with what is known about the natural history and progress of the disease. Exposure must precede health effects. However, in some conditions such as occupational asthma, a past history of childhood asthma and/or asthmatic attacks occurring before occupational exposure, does notautomatically rule out the possibility of a workplace agent causing subsequent asthmatic attacks.

d) The differential diagnosis must be considered. There are non-occupational conditions that have similar clinical features as occupational diseases, and a physician will have to take this into account before diagnosing or excluding an occupational disease.


To read more about occupational exposures and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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Thursday, June 17, 2010

Workers Compensation Makes the Top 50 Blog List

Workers' Compensation blog has been named one of the "50 Best Blogs by Lawyers." It has been noted as , "A great blog about the latest trends in workers' compensation law."

The site provides an analysis of trends and developments in Workers' Compensation Law throughout the United States.





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Wednesday, June 16, 2010

NJ Judge Dismisses Claim of Oil Spill Worker

A New Jersey Workers' Compensation Judge has dismissed the claim of a maintenance worker who was employed by The Port Authority of NY & NJ (Port Authority) to clean up oil spills. The longterm employee, testified that for 7 years during his employment, he was assigned to Newark Airport as part of en emergency response team to clean up "jet fuel spills, aircraft hydraulic leaks, emergency landings and car accidents." The employee claimed that his exposure to petroleum products occurred also as a buildings and grounds attendant at Port Newark and Lincoln Tunnel while performing spill cleanup work for the Port Authority. The worker testified to benzene exposure  as well as asbestos fiber.


Despite the fact that the employee, a non-smoker, testified that he experienced headaches, a sore throat, was tired and suffered from dry mouth, the Judge did not hold the case compensable. The worker explained to the Court that he operated a mechanical sweeper that scrubbed the soiled surfaces with a product known as "Speedy Dry" as part of the spill clean up procedure.


The Court rejected the workers' medical expert who had found him 40% disabled on a pulmonary basis for chronic bronchitis, obstructive lung disease and restrictive pulmonary disease with pleural scarring. The Court relied upon the respondent's medical expert who found that the worker  was 3% disabled for pulmonary disability unrelated to the occupational exposure that the defense expert diagnosed as  a cough and sinus condition, and "mild bronchitis." In its analysis the Court indicated that no scientific literature was presented attributing causal relationship of the exposure to an occupational condition. 


The decision was silent as to any allegation or need for medical monitoring.


Melo v. The Port Authority on NY & NJ., CP No. : 2006-25707 (Decided May 19, 2010).   


To read more about petroleum exposure and workers' compensation.
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Benzene Exposure Near the U.S. Permissible Limit Is Associated with Sperm Aneuploidy

Benzene appeared to increase the frequencies of aneuploid sperm for chromosomes associated with chromosomal abnormality syndromes in human offspring, even in men whose air benzene exposure was at or below the U.S. permissible exposure limit.

Benzene is a widespread environmental pollutant that has been associated with leukemia and various blood disorders. Prior reports have indicated an association between high-concentration benzene exposure and increased frequencies of sperm with chromosomal disomy, as well as sperm with chromosomal aberrations. Xing et al. (p. 833) investigated whether 33 men that were occupationally exposed to benzene had higher frequencies of sperm aneuploidy than 33 unexposed men and whether the relationship was dose-related. Sperm aneuploidy increased across low- and high-exposed groups for disomy X and overall hyperhaploidy for the three chromosomes investigated. There was also increased disomy X and hyperhaploidy in men exposed to ≤ 1 ppm benzene. The authors conclude that benzene appeared to increase the frequencies of aneuploid sperm for chromosomes associated with chromosomal abnormality syndromes, even in men whose air benzene exposure was at concentrations at or below the permissible exposure limit.

Xing C, Marchetti F, Li G, Weldon RH, Kurtovich E, Young S, et al. 2010. Benzene Exposure Near the U.S. Permissible Limit Is Associated with Sperm Aneuploidy. Environ Health Perspect 118:833-839. doi:10.1289/ehp.0901531
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Monday, June 14, 2010

Designing a BP Oil Spill Compensation Fund



As the Obama Administration debates the format for an Gulf Oil Spill Compensation the critical factors of funding, administration and longevity of the program remain unresolved. Tonight The PBS News Hour provided only a limited insight into the major issues involved in such a program.

Essential to the program is the adequacy and efficiency of the delivery of benefits to injured and exposed workers. While comparisons continue to be drawn to the the longest tort in American history, asbestos, and the Victims Compensation Fund of 911, sight continues to be lost of the injured and exposed workers who have been faced with a basic workers' compensation system that for the most part, failed to adequately miss their needs.

Daniel Farber, Director of the environmental law program at the University of California, Berkeley's Law School highlighted some of the design failures of the past in Federal programs when he stated, "Well, I don't know if we need a custom-built scheme for BP, but I think that this has shown a genuine problem, both here, but also with other kinds of environmental disasters, with public health disasters, which is that we have a very long litigation process, and people may need help right away."

Missing from the discussion, yet again, are the injured workers, the employers, the workers' compensation insurance carriers and their advocacy groups discussing the essential issue of compensating oil spill workers. History teaches us that in the past Federal programs have missed the mark in creating adequate programs to meet the needs of compensating injured workers. Hopefully, the opportunity will not be lost this time to create a viable, fair and exemplary program.

To read more about petroleum exposure and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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Federalizing Workers Compensation for Oil Spill Workers

The Deepwater Horizon oil spill, the largest environmental disaster in US history, creates a massive challenge to the nations' workers' compensation system. The system, already stressed to its limits, must now attempt to compensate injured workers and volunteers who are working to clean up the huge oil spill.


In the past, when disasters of this magnitude confronted the nation's workforce, the Federal government has established a separate compensation system to provide benefits. Based upon the new Federal national health care legislation, and the provisions enacted under the Libby Health Care Plan, it appears logical that this health disaster would be more than suitable for incorporation into a Federalized workers' compensation program. 


The government has recently identified numerous hazardous chemicals and adverse health effects that may confront oil spill workers. Those include: drowning, occupational exposures exposures to dispersants, heat and cold, fatigue, confined spaces, ergonomic stress, noise, biohazards, ergonomic stresses, confined spaces, and many other conditions. 


The civil liability claims are targeted to the potential ultimate wrongdoers: British Petroleum-energy company; Transocean Ltd., rig owner; Halliburton Energy Services, cement contractor; or Cameron International, blowout preventer manufacturer, under civil liability or statutory authority of the Oil Pollution Act of 1990 (OPA). The emergent issue that remains is how to deliver benefits to injured or exposed workers and volunteers. That remains in limbo. Even if the Oil Spill Liability Trust Fund were allowed to be tapped for compensation benefits, years of delay over litigation would exist before payments were actually made to victims.


A declaration of a health emergency from the Secretary of Health and Human Services at this time would appear to be more than appropriate so that the health needs of the workers and volunteers could be immediately addressed. To delay action will only adds insult to injury. Invoking, at once, of the Libby Health Care program provisions would provide a first start to much needed relief to the Gulf spill workers and volunteers.


To read more about petroleum exposure and workers' compensation.


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.
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Sunday, June 13, 2010

Quebec to Resuscitate Its Asbestos Industry

Despite a public outcry and world wide outrage, the Quebec government is now poised to infuse the Province's idle asbestos mining industry with financial support to bring it back to life.  The Montreal Gazette reports that the cabinet of Quebec Premiere Jean Charest's cabinet is about to approve a $58 Million loan to activate the Jeffry Mine in Asbestos, Quebec. The mine has been idle since 2002. Asbestos is a known carcinogen that has been causally linked to lung cancer and mesothelioma, a rare and fatal malignancy. Hundreds of thousands of claims have been filed against the asbestos industry for direct liability. Verdicts continue to be reported in record number in cases filed by asbestos victims and their families. While asbestos use has been banned in many countries, Canada and the United States have yet to ban is use.  Click here to read more about asbestos related disease and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  has been representing injured workers and their families who have suffered asbestos related illnesses.
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Tuesday, June 8, 2010

Asbestos Manufacture Garlock Files for Bankruptcy Protection



Garlock Sealing Technologies LLC, a former manufacturer of asbestos products (The Anchor Packing Company), announced that it has taken a step toward a permanent resolution of asbestos-related personal injury claims against the company. Today, Garlock filed a voluntary petition in the U.S. Bankruptcy Court for the Western District of North Carolina in Charlotte to establish a trust to resolve all current and future asbestos claims against Garlock under Section 524(g) of the U.S. Bankruptcy Code.


Asbestos has been used for insulation properties. It is a known cancer causing agent and responsible for causing asbestosis, lung cancer and mesothelioma.


For the past 35 years Garlock has defended its liability in asbestos claims. Garlock has processed more than 900,000 asbestos claims to conclusion (including judgments, settlements and dismissals) and, together with its insurers, has paid over $1.4 billion in settlements and judgments and over $400 million in fees and expenses.


Garlock manufactured asbestos containing gaskets, pipe joints, values and other equipment.


Garlock will operate in the ordinary course under court protection from asbestos claimants while in the claims resolution process available under Chapter 11. All pending litigation against Garlock will be stayed as the company seeks to develop and implement a court-approved plan to permanently resolve all asbestos-related claims. Garlock plans to negotiate with representatives of asbestos claimants to establish a trust to pay all valid claims. Absent a negotiated resolution, Garlock intends to ask the court to determine the amount necessary to fund the trust.


Click here to read more about asbestos related disease and claims for benefits. 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 related illnesses.
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