Workers' Compensation

Thursday, May 19, 2011

NY State Issues Health Alert for Hair Straightening Products and Formaldehyde

The Department of Health of the State of New York has issued a health alert advisory to workers and consumers about a group of hair straightening products known as "Brazilian Keratin Treatment" (BKT) that may contain formaldehyde.

The warning advises those exposed that:

Exposure to formaldehyde can cause irritation of the eyes, nose, throat, and skin.
People with asthma or other respiratory diseases may be more sensitive than others to the effects of breathing formaldehyde.
Formaldehyde is classified as a probable human carcinogen (cancer-causing chemical).
The Department tested some products, and cautions that others in the market may also contain also formaldehyde.

A list of 22 products containing formaldehyde include:

BioIonic Kera Smooth Anti Frizz
Brazilian Blowout Solution
Brazilian Blowout Acai Professional Smoothing solution
Brazilian Gloss Keratin Smoothing Gloss
Cadiveu Brazilian Thermal Reconstruction
Coppola Keratin Complex Smoothing Therapy, Natural Keratin Smoothing Treatment
Coppola Keratin Complex Smoothing Therapy, Natural Keratin Smoothing Treatment, Light Wave
Coppola Keratin Express Brazilian Smoothing Treatment
Coppola Keratin Complex Smoothing Therapy
Global Keratin Functional Keratin Hair Taming System Light Wave Chocolate
Global Keratin Taming System Strawberry
Global Keratin Taming System with Juvexin Strawberry Resistant
Global Keratin Taming System with Juvexin Strawberry Light Wave
IBS Beauty IStraight Keratin Advanced Keratin Treatment
JKS International Smoothing Treatment
Kera Green Keratin and Protein Hair
Marcia Teixeira Advanced Brazilian Keratin Treatment
Marcia Teixeira Brazilian Keratin Treatment
Marcia Teixeira Chocolate, extreme de-frizzing treatment
Pravana Naturceuticals Keratin Fusion
Pro-Collagen RX Keratin Treatment
QOD GOLD Solution

Oregon OSHA (health and safety program), Health Canada and the European Directorate-General of Health and Consumer Affairs did the testing and found formaldehyde in each of the products they tested. They also conducted air tests during application of one of the products in two salons and found that formaldehyde had been released into the air.

The New York State Department of Health is monitoring the situation and they are in contact with other states about their experiences with these products. Through this fact sheet, they are taking the precautionary step of alerting salon workers and consumers about the hazards. At this time, they know that 51 companies market a total of 156 products. Over 100 of those are widely distributed in New York. This year alone, seven new products have come on the market. At this time they have no reliable way, at this time, to know which ones contain formaldehyde. The U.S. Food and Drug Administration (FDA), responsible for regulating cosmetic products, is gathering reports from consumers and salon professionals about eye irritation, breathing problems and headaches.

Many other agencies have issued health alerts and taken action. The Oregon Department of Consumer Business Services and the Connecticut Department of Public Health issued alerts on the release of formaldehyde from these products. The Attorney General of the State of California filed a lawsuit against a California-based manufacturer of one of these products (Brazilian Blowout's Acai Professional Smoothing Solution) alleging that the manufacturer failed to warn users about the presence of formaldehyde, as required by California regulations. Health Canada issued an advisory about the release of formaldehyde from the Brazilian Blowout product. Health Canada also received complaints of burning eyes, nose and throat, breathing difficulties and a report of hair loss. The European Directorate-General of Health and Consumer Affairs banned the sale of some products and recalled others.

New York State advises that the following action should be taken if a consumer or professional is concerned about these products: First, consider not having your hair treated with the products.

Seek medical attention, if you are experiencing health problems.
Consumers and salon professionals are urged to report adverse experiences to FDA in either of the following ways:
Report to the nearest FDA district office. The phone number for the New York State Complaint Coordinator is (866) 446-9055.
Report online to FDA's MedWatch adverse event reporting system. You also may call Medwatch at (800) 332-1088 to request a reporting form by mail.

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 work related accidents and injuries.

Wednesday, May 18, 2011

Attorney General Holder Names Sheila L. Birnbaum as Special Master of September 11th Victim Compensation (Zadroga) Fund

Attorney General Eric Holder today announced that he has chosen Sheila L. Birnbaum to head the September 11th Victim Compensation Fund program. Birnbaum, a life-long New Yorker, has decades of experience resolving complicated litigation. Birnbaum, a defense attorney, gained recognition and regard from the victims community for her work mediating a settlement of $500 million for 92 families of victims of the September 11^th terrorist attack on the World Trade Center.

Birnbaum will administer the fund created under the James Zadroga 9/11 Health & Compensation Act, signed into law by President Obama on Jan. 2, 2011. The bill reactivates the September 11th Victim Compensation Fund that operated from 2001-2003, expanding the pool of applicants to include first responders and other individuals who experienced latent physical injuries associated with the attacks or with debris removal.

“Sheila Birnbaum brings extensive experience, credibility and unique insight to this important role,” said Attorney General Holder. “She has worked closely with, and won the trust of, the families of 9/11 victims with whom she worked. I know that under her direction, the fund will be administered in a manner that is sensitive and fair to those who have suffered so much from the September 11^th attacks.”

“As a life-long New Yorker, the opportunity to serve the country and the 9/11 community in this way is a tremendous honor,” Birnbaum said. “My first priority will be to sit down with the people who will be most affected by the program, and see how we can design a program that is fair, transparent and easy to navigate. The fund needs to get up and running quickly. At the same time, I want to make sure we do it right.

“Ken Feinberg laid a great foundation during the fund’s first iteration, and I plan to build upon it,” continued Birnbaum.

The fund is expected to become fully operational after funding appropriated for its administration becomes available on Oct. 1, 2011. Birnbaum indicated that she will publish proposed regulations to govern the program as soon as possible, and take public comment on those proposed regulations over the summer before finalizing them.

In 2006, 9/11 victims and corporate defendants jointly asked Judge Alvin K. Hellerstein to appoint Birnbaum to mediate 95 wrongful death and personal injury cases. Birnbaum successfully mediated 92 of them. Judge Hellerstein called her work “extraordinary” and noted that she had gained credibility with the 9/11 community. In a March 5, 2009, order Hellerstein wrote, “She allowed each of the plaintiffs’ families to express their loss and the quality of the lives lost on September 11. She absorbed their losses and their pain with empathy. . . . She gained plaintiffs’ confidence.”

Birnbaum, the daughter of a grocery store owner in Harlem, N.Y., attended James Monroe High School, and graduated from Hunter College as the first person in her family to attend college. She taught the fourth grade at P.S. 62 in the Bronx, N.Y., before attending New York University School of Law. Since law school, she has taught at both Fordham University School of Law and NYU School of Law, where she became Associate Dean. She is now a partner at Skadden, Arps, Slate, Meagher & Flom, and the chair of the firm’s Mass Torts Litigation Group. That firm represents and defends corporations in products liability actions. Ms. Birnbaum represented Metropolitan Life Insurance Company in the nations longest running tort case, asbestos litigation.

Birnbaum has an extensive career in public service. Among other positions, she has served as the first president and founding member of Judges and Lawyers Breast Cancer Alert; as a member on the New York State Judicial Commission on Minorities; as Executive Director for the U.S. Court of Appeals for the Second Circuit’s Task Force for Racial, Ethnic and Gender Fairness; as Chair for the Commission on Fiduciary Appointments; and as President of the New York Women’s Bar Association.

Federal Court Enjoins CMS From MSP Recovery Procedures

A US District Court Judge in Arizona has certified a putative class, composed of a nationwide class of Medicare recipients challenging the recovery procedures utilized by The Centers for Medicare and Medicaid Services (CMS). The Court also issued an Order enjoining CMS from certain collection activities.

This follows a broad discovery ordered issued by the Court a year ago. Haro v. Sebelius, 2010 WL 1452942 (A. Ariz.) CV 09-134 TUC DCB, Decided April 12, 2010.The plaintiffs were permitted discovery beyond the administrative record. The class action is challenging the recovery procedures of CMS under the Medicare Secondary Payer Act (MSP). The discovery permitted will included depositions and expert evidence .

The Court Order enjoins CMS from certain actions:

"IT IS FURTHER ORDERED that Defendant's demand for payment of her MSP reimbursement claims, under threat of collection actions before there has been a resolution of an appeal regarding the amount of the Defendant's MSP claim or a waiver request, exceeds her authority under the Medicare statute, and Defendant is enjoined from demanding payment of a MSP reimbursement claim with threats of commencing collection actions before there is a resolution of an appeal or waiver request.

"IT IS FURTHER ORDERED that the Defendant's demand that attorneys withhold liability proceeds from clients pending payment of amounts claimed by the Defendant as MSP reimbursement exceeds her authority under the Medicare statute, and Defendant is enjoined from demanding that attorneys withhold liability proceeds from their clients pending payment of disputed MSP reimbursement claims.

In reaching its decision to allow discovery, the Court held that the putative class, that is challenging the recovery methods of Medicare, is permitted to extend discovery beyond the limited administrative record action without the necessity of the exhaustion of administrative remedies since constitutional and due process were collateral to any individual claim.

The issues reviewed by the court were:
"1) whether Defendant [CMS] can require prepayment of an MSP recovery claim before the correct amount is determined through the administrative appeal procedures, and
2) whether Defendant [CMS] can make plaintiffs' attorneys financially responsible if they do not hold or immediately turn over to the Defendant [CMS] their clients' litigation proceeds.

These questions involve a due process analysis, which consists of a three part balancing test:
1) the private interest affected;
2) the risk of erroneous deprivation and probable value of additional safeguards, and
3) the government or public interest in current procedures. "

Haro v. Sebelius, (A. Ariz.) CV 09-134 TUC DCB

Click here for Court Order entered May 5, 2011.

Tuesday, May 17, 2011

Workers Compensation Act Does Not Bar A Negligence Action Against A General Partnership

In a recent court decision, an injured worker was permitted, in addition to her workers' compensation claim, to file an action against the general partnership for negligent conduct. The Court found that even though the workers' compensation is no-fault, the employee has a right to proceed and recover damages directly against the general partnership.

The injured employee was employed by Time Warner Entertainment Co., L.P. and slipped on black ice in the parking lot. The employee filed and claimed benefits from the employer in workers' compensation. Additionally, the employee filed a civil action against, among others, the Time Warner EntertainmentAdvance/Newhouse Partnership.

The court held that the employee could pursue an action in negligence against a general partnership after receiving workers' compensation benefits from her employer.

Whitfield v. Bononno Real Estate Group, et al., 2011 WL 1798874 (N.J.Super. A.D.) Decided May 12, 2011.

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.

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Monday, May 16, 2011

FDA Orders Surveillance of Hip Implants

Image via Wikipedia

Hip replacements are utilized through the workers' compensation medical delivery system in an effort to cure and relieve medical conditions arising out of employment injuries and exposures. The US Food and Drug Administration (FDA) has recently announced that it is widening its roll in monitoring the hip implants. This follows a recent recall of defective hip implants.

"The FDA is continuing to gather and review all available information about currently marketed metal-on-metal hip systems, including information related to adverse events that may be associated with increase levels of cobalt and chromium in the bloodstream. To that end, on May 6, 2011 the FDA issued orders for postmarket surveillance studies to manufacturers of metal-on-metal hip systems. The FDA sent 145 orders to 21 manufacturers. Manufacturers will be required to submit a research protocol to the FDA that addresses specific safety issues related to these devices. Data from the studies conducted will enable the agency to better understand these devices and their safety profiles.

Friday, May 13, 2011

Court Orders Workers Compensation Insurance Carrier to Comply With OSHA Subpoena

The workers’ compensation insurance company, who provided coverage to an employer where a double fatality occurred when a grain elevator exploded, has been order by a US Federal Court Judge, to comply with a subpoena issued by The Occupational Safety and Health Administration [OSHA] directed to obtain information about the safety of the facility. The opinion entered by Judge Philip G. Reinhard, adopts the report and recommendation of the magistrate judge, requires that custodian of records of the workers’ compensation insurance company testify and present documents concerning inspections and reports it prepared as to the employer, Haasbach LLC.

The Court reasoned that OSHA had the authority under Federal law to conduct inspections and investigation including requesting attendance and testimony of witnesses. 29 U.S.C. 657(b). The Court also held that OSHA’s request for loss control reports for 4 years prior to the accident were reasonably related to the investigation. The workers’ compensation insurance company will also be required to produce: site safety inspections, applications for insurance coverage for the site, and correspondence between the insurance carrier, Grinnell Mutual Reinsurance Co., and the the employer, Hassbach, concerning the site.

OSHA had issued 25 citations ($555,000 penalty) to the Illinois grain elevator operator, Haasbach LLC, following an investigation into the deaths of two young workers, Wyatt Whitebread and Alex Pacas (ages 14 and 19 years old, respectively), at the company’s grain elevator in Mount Carroll, Illinois. A third worker was injured at the time of the accident, when they were “walking down the corn” to make it flow while while machinery used for evacuating the grain was running.

“Grain entrapments kill workers. All employers, especially those in high-hazard industries, must prevent workers from being hurt or killed as a result of recognized hazards,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “There is absolutely no excuse for any worker to be killed in this type of incident.”

OSHA Assistant Secretary Dr. David Michaels praised the decision. “The court affirmed OSHA’s authority to obtain relevant information from an employer’s workers’ compensation insurance company. This is not surprising legally, but it does illustrate that workers’ compensation and OSHA are not separate worlds divorced from each other,” he said. “Workers’ compensation loss control activities overlap with OSHA’s efforts to bring about safe and healthful workplaces, and in order to achieve a safe and healthful working environment for all Americans, all efforts of business, insurance, labor and government must move forward together.”

Judge Reinhard held that disclosure of the information into the public domain was permissible unless a federally recognized attorney-client privilege existed due to a pending state court action. If such a privilege was to be asserted as to certain materials that would be required to be produced, then the parties may submit a privilege log to the magistrate judge for consideration.

Solis v. Grinnell Mut. Reinsurance Co., 2011 WL 1642534 (N.D. Ill) Decided May 2, 2011
Related articles

· OSHA Anniversary April 21, 2011 10:00am C-Span Event (workers-compensation.blogspot.com)

· OSHA To Fine Employers for Distracted Driving Accidents (workers-compensation.blogspot.com)

· Video of The History of US OSHA (workers-compensation.blogspot.com)

· OSHA at 40 (workers-compensation.blogspot.com)

· US OSHA Warns Workers of Brazilian Blowout Formaldehyde Hazards (workers-compensation.blogspot.com)

Common Themes, The Green Mountain System & Newt Gingrich

Editors note: This is a re-post of yesterday's blog. Google had a systemwide issue and during their maintenance they did not restore this post.

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by NewtGingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

As the Vermont legislation goes to Governor Peter Shumlin for signing in a couple of weeks, the eyes of the nation will switch focus to the debate in Washington and the presidential race of 2012. Congress and the new administration will be required to focus on the issue of waivers that will be effective in 2014.

Newt Gingrich had advocated in the past to move the cost occupational medical care onto the backs of employees. He would relieve employers from contributing to workers' compensation medical care and Medicare.

Workers' Compensation is a summary and remedial system that affords injured workers medical care to cure and relieve medical conditions that result from occupational exposures and accidents. In most instances employees find it necessary and prudent to retain the professional assistance of an attorney to assist them in obtaining medical treatment for work related accidents and occupational exposures.

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.

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Wednesday, May 11, 2011

Common Themes, The Green Mountain System & Newt Gingrich

Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by Newt Gingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.

Recommendations Released for Use of Spirometry in the Occupational Setting

The Occupational and Environmental Lung Disorders Committee of the American College of Occupational and Environmental Medicine (ACOEM) has published a report making recommendations equipment performance (Specifications,Validation, Accuracy and Error Avoidance); how to conduct tests; comparing results with reference vales; and evaluating results over time.

Click here for the Complete Report: http://tinyurl.com/6h8pqkk

Tuesday, May 10, 2011

Concentra Denied a Protective Order in Wal-Mart RICO Lawsuit

Concentra was denied a protective order in a pending Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. claim filed in Federal Court in Colorado. The plaintiffs allege that Wal-Mart withheld, delayed, denied and dictated treatment to Wal-Mart workers who filed workers' compensation claim.

In the case, Concentra, a health care company, sought to prohibit plaintiff's attorneys from contacting any Concentra Medical Staff member, former or current, on an ex-parte basis. The Court denied the request.

Gianzero v. Wal-Mart Stores, Inc., 2011 WL 1740624 (D. Colo. 2011) Decided May 5, 2011.

Monday, May 9, 2011

Majestic Insurance Files for Bankruptcy

Another workers' compensation insurance company has filed for bankruptcy protection. Majestic Capital Limited, has filed for Chapter 11 with over $50 Million in liabilities.

In re Majestic Capital Ltd, 11-36225, U.S. Bankruptcy Court, Southern District of New York (Poughkeepsie).

Majestic Capital, Ltd. (Majestic Capital) (Nasdaq: MAJC) today announced that on Friday, April 29, 2011, it commenced bankruptcy proceedings by filing a petition under Chapter 11 of the US Bankruptcy Code. Such filing was made in the United States Bankruptcy Court for the Southern District of New York (the "Court") and was assigned case no. 11-36225.

Simultaneously with such filing, the following Majestic Capital subsidiaries also commenced bankruptcy proceedings under the jurisdiction of the Court by filing petitions pursuant to Chapter 11 of the US Bankruptcy Code under the case numbers indicated below:

Name of Subsidiary Case No.

Majestic USA Capital, Inc. 11-36221
Compensation Risk Managers, LLC 11-36226
Compensation Risk Managers of California, LLC 11-36230
Eimar, LLC 11-36232
Embarcardero Insurance Holdings, Inc. 11-36234

Majestic Capital and its above-mentioned subsidiaries remain in possession of their respective assets and business, but subject to the supervision of the Court.

Trading in Majestic Capital's common stock on the Nasdaq Capital Market was halted today, and shall remain halted through the effective date of Majestic Capital's voluntary delisting pursuant to the notice of delisting that it filed with the SEC on April 29, 2011.

About Majestic Capital, Ltd.

Majestic Capital, through its subsidiaries, is a specialty provider of workers' compensation insurance products and services. Further information aboutMajestic Capital and its business can be found on Majestic Capital's website at http://www.MajesticCapital.com.

Missouri, The Second Injury Fund and Paying Up

The St. Louis Post Dispatch today called upon the State of Missouri to do the right thing and stop hold injured workers hostage. In an editorial it declares that injured workers should receive benefits that they have been awarded un the Missouri workers' compensation Second Injury Fund which is now underfunded and unable to meet payment.

Citing the flight of an injured iron worker, Harold Frick, it calls for immediate payment now and compromise going forward to resolve the economic issues facing the Missouri workers' compensation system. Like most workers' compensation systems throughout the US, Missouri's system is facing serious economic challenges as it is confronted by a declining economic base upon which to draw premiums to support the system,

In order to insure that workers who have been injured previously can obtain gainful employment, the many legislatures created a second injury fund to insulate subsequent employers from responsibility for prior disability if the employee in question became totally disabled from a compensable accident or event during the last employment. The fund was established to encourage the employment of the handicapped by alleviating the burden placed upon the employer for compensation benefits should the injured worker become totally and permanently disabled. A question now exists on how to finance these funds that have disolved already in many jurisdictions.

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.

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Sunday, May 8, 2011

Medical Monitoring Available Under the Zadroga 9-11 Health Compensation Fund

The World Trade Center Medical Monitoring Program is funded by the National Institute for Occupational Safety and Health under the Zadroga Act which was enacted last year.

MEDICAL TREATMENT for 9/11 responders
The program provides free treatment, including: doctor's visits, diagnostic testing and medications for WTC-covered conditions. Here is a list of covered conditions:

Aerodigestive Disorders

New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:

Interstitial lung diseases
Chronic Respiratory Disorder –Fumes/Vapors
Asthma
Reactive Airways Dysfunction Syndrome (RADS)
WTC-exacerbated chronic obstructive pulmonary disease (COPD)
Chronic Cough Syndrome
Upper airway hyperreactivity
Chronic rhinosinusitis
Chronic nasopharyngitis
Chronic laryngitis
Gastro-esophageal Reflux Disorder (GERD)
Sleep apnea exacerbated by or related to the above conditions

Mental Health Conditions
New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:

Post Traumatic Stress Disorder (PTSD)
Major Depressive Disorder
Panic Disorder
Generalized Anxiety Disorder
Anxiety Disorder (not otherwise specified)
Depression (not otherwise specified)
Acute Stress Disorder
Dysthymic Disorder
Adjustment Disorder
Substance Abuse

“V codes” (treatments not specifically related to psychiatric disorders, such as marital problems, parenting problems etc.)

Musculoskeletal Disorders
New onset or aggravation of pre-existing conditions for which careful review of symptoms or other clinical information suggests relationship to WTC exposure/injury:

Low back pain
Carpal Tunnel Syndrome (CTS)
Other musculoskeletal disorders

Are you eligible?
This program serves the workers and volunteers who responded to the September 11th attacks. If you did any paid work or volunteered, on or after September 11th, that was directly related to the disaster, you may qualify. To find out whether you are eligible, call 888-702-0630 or download and fill out an eligibility questionnaire and fax it to us at 212-241-1850.

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 and enviornmental exposures. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Google, Apple, Lucas Film Accused of Fixing Employee Wages

A lawsuit was filed last week against major players in the dot-com field for fixing employees wages. An employee's wage is a determining factor in workers' compensation claims to ascertain scheduled rates of compensation benefits.

The suit, filed in California last week, alleges that Apple, Intel, Intuit, Lucasfilm and Pixar conspired "to fix and suppress the compensation of their employees." The class action claims that these companies violated California antitrust statues.

Rates for determining permanent partial disability have changed dramatically since the enactment of the Workers' Compensation Act in 1911. The present system of determining the rate of permanent partial disability payable to a claimant is statutorily defined in a disability wage and compensation schedule in the Workers' Compensation Act. The present disability wage and compensation schedule is based upon the Statewide Average Weekly Wage (SAWW) and establishes percentages for maximum and minimum compensation. The schedule reflects the percentages of disability presently in effect for maximum benefits. The schedule also sets forth values calculated in number of weeks for specific members of the body.

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.

Largest Verdict in US Asbestos History $322 Million Awarded by a Jury

A Mississippi jury has awarded a worker injured by asbestos $322 Million last week. This is the largest single asbestos award in the history.

The worker filed claims against Chevron Phillips Chemical (CP Chem and Carbide Corporation. He was employed in the oil fields in 1979 (at age 16) and mid 1980's and exposed to asbestos fiber. The worker was diagnosed with asbestosis, a progressive lung disease, caused by the exposure to asbestos fiber.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. Asbestos is one of the modern world’s most historic occupational medical disasters. Not only is it well documented, it continues not to be banned in the US.

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 asbestos related disease.

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Saturday, May 7, 2011

Worker Alleging Workers Compensation Discrimination Awarded $361,000

A worker in Minnesota was awarded $361,000 against his employer for being discriminated against for filing a workers' compensation claim. The worker alleged that the employer terminated him after he suffered a work related accident and filed a claim for workers' compensation benefits.

The worker was injured on the job when a car lost control and struck the truck that the worker was driving. The employer alleged that the employee did not disclose previous injuries on his job application and terminated him. A jury subsequently awarded the injured employee $111,000 in dames for lost wages and emotional distress and another $250,000 for punitive damages.

In New Jersey a discrimination complaint may be filed with the Division of Workers' Compensation as an administrative remedy, which is separate from any common law action which might be instituted against the employer. The Division of Workers' Compensation shall conduct an investigation and forward the complaint and the results of the investigation to the Commissioner of the Department of Labor within 30 days of filing. The Commissioner will then act in accordance with the statutory provisions to determine whether or not there has been an unlawful discharge of, or discrimination against, the employee as a result of an application for workers' compensation benefits or as a result of the employee's testimony in a workers' compensation claim. An employee who has been discriminated against will be restored to his employment and will be compensated by his employer for any loss of wages arising out of the discrimination, as long as he is still qualified to perform his job duties.

Copyright

Thursday, May 19, 2011

Wednesday, May 18, 2011

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Tuesday, May 17, 2011

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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.

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