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

Saturday, June 9, 2012

EPA Encourages the Public to Comment on Plan for Cleanup at Evor Phillips Superfund Site in Old Bridge, New Jersey


    The U.S. Environmental Protection Agency has proposed a plan to clean up contaminated ground water at the Evor Phillips Leasing Company Superfund site. The six-acre vacant site is in an industrial area of Old Bridge Township, New Jersey. Past industrial activities contaminated the ground water with volatile organic compounds, which can have serious health effects. The proposed plan calls for the ground water to be treated to break down the contaminants to protect people’s health and the environment.

    The EPA will hold a public meeting on June 19, 2012 to explain the proposed plan and is encouraging public comments. The meeting will be held at 6:00 p.m. at the Old Bridge Central Library, 1 Old Bridge Plaza, Municipal Center, Old Bridge, New Jersey. Comments will be accepted until July 9, 2012.

    Some volatile organic compounds can cause cancer. The extent and nature of potential health effects depend on many factors, including the level and length of exposure to the pollution.

    “The chemicals in the ground water at the Evor Phillips Superfund site pose health risks,” said EPA Regional Administrator Judith A. Enck. “Removing them is the best way to protect the health of people who live and work in the area. The EPA encourages the public to attend the June 19 meeting and share their views on the proposed plan.”

    From the early 1970s to 1986, the Evor Phillips site was used for industrial waste treatment and metal recovery operations. Liquid waste was treated on site and two waste disposal areas were used to neutralize acidic and caustic wastewater. The site also contained 19 small furnaces for incinerating photographic film and printed circuit boards to recover silver and other precious metals. The New Jersey Department of Environmental Protection closed down the liquid waste treatment operations in1975 after the operators failed to comply with state environmental requirements. All operations at the site stopped in 1986 with the shutdown of the metal recovery furnaces.

    The Evor Phillips site was listed on the EPA’s Superfund list of the nation’s most hazardous waste sites in 1983. Because of the nature and complexity of the contamination at the site, the cleanup is being conducted in three phases. The first phase, conducted by NJDEP, involved the removal of approximately 40 buried drums and soil contaminated by metals, and the construction of a ground water treatment system to prevent the contaminated ground water from moving off site. In 2002, several companies responsible for the contamination began operating the ground water treatment system, with NJDEP oversight. The companies also demolished office buildings and furnaces, and removed buried drums, contaminated soil and underground storage tanks.

    The EPA took the lead in overseeing the cleanup in 2008. The removal of contaminated soil, which will begin this summer, is the second phase of the cleanup. The third phase, which is currently proposed by the EPA, is the long-term treatment of the ground water using a process known as chemical oxidation. Chemical oxidation uses chemicals to destroy pollution in soil and ground water, breaking down the harmful chemicals into water and carbon dioxide. The oxidants are pumped into the ground water at different depths in the polluted area. Each injection is followed by monitoring to evaluate the effectiveness of the treatment. Samples of the ground water would be collected and analyzed to ensure that the technology is effective. The ground water will be monitored for several years after the cleanup goals have been met to demonstrate that the ground water is no longer a source of contamination.

    The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups. The cleanup of the Evor Phillips site is being conducted and paid for by the responsible parties with oversight by the EPA.

    Written comments may be mailed or emailed to:
    Rich Puvogel, Remedial Project Manager
    U.S. Environmental Protection Agency – Region 2
    290 Broadway – 19th Floor
    New York, N.Y. 10007-1866
    (212) 637-4410
    puvogel.rich@epa.gov

    For more information on the Evor Phillips Leasing Company Superfund site, go to:http://www.epa.gov/region02/superfund/npl/evorphillips/.

    For a Google Earth aerial view of the Evor Phillips Leasing Company Superfund site, go to:http://www.epa.gov/region02/kml/evor_phillips_leasing.kml. (You must have Google Earth installed on your computer to view the map. To download Google Earth, visithttp://earth.google.com/download-earth.html).

Friday, June 8, 2012

NJ Suggests Restrictions on Counsel Fees for CMS Claim Reimbursements

The New Jersey Division of Workers' Compensation set forth a policy statement defining the parameters for potential counsel fee recovery where The Centers for Medicare and Medicaid  (CMS) is reimbursed for claims conditional payments by consent versus a judicial Order.

Click here to read the memo.

50 Cancers To Be Covered Under the 9-11 Zadroga Health Claim Fund



The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund. The announcement was made by NIOSH WTC Program Director John Howard MD, whose agency was responsible for reviewing  Petition 001 regarding the addition of cancer, or types of cancer, to the List of World Trade Center-Related Health Conditions.



The Fund was established to provide medical surveillance, treatment and care (WTC Health Program) for first respondents and those who were in close proximity to the 9-11 blast in New York City and who suffered medical conditions and diseases as a result of the tragic event.


The World Trade Center Health Program (WTC Health Program) was established by the James Zadroga 9/11 Health and Compensation Act of 2010. Right now, the program provides services for responders, workers, and volunteers who helped with rescue, recovery, and cleanup at the World Trade Center and related sites in New York City. It also provides services for survivors who lived, worked, or were in school in the area. The WTC Health Program soon will also serve responders to the 9/11 attacks at the Pentagon in Arlington, VA, and the Flight 93 crash site in Shanksville, PA.


Medical clinics are maintained throughout the New York metropolitan area. For a list of clinics click here.

Next Steps:

Once the Administrator receives the Advisory Committee’s recommendation he has 60 days to publish in the Federal Register either a notice of proposed rulemaking regarding the recommendation or a determination not to propose a rule and the basis for that determination. 

If the Administrator publishes a notice of proposed rulemaking to add cancer, or certain types of cancer, to the List of WTC-Related Health Conditions, the WTC Health Program must follow the normal regulatory process, including a minimum 30 day public comment period and review of those comments, before issuing a final rule.

If the Administrator determines not to add a certain type of cancer to the List of WTC-Related Health Conditions at this time there would still be the possibility that the type of cancer could be added to the List of WTC-Related Health Conditions in the future. Such potential future additions could be initiated through new petitions to the Administrator or at the Administrator’s discretion.



List of Cancers:
▪  Malignant neoplasms of the lip, tongue, salivary 

gland, floor of mouth, gum and other mouth, tonsil, 
oropharynx, hypopharynx, and other oral cavity and 
pharynx 
▪  Malignant neoplasm of the nasopharynx  
▪  Malignant neoplasms of the nose, nasal cavity, 
middle ear, and accessory sinuses 
▪  Malignant neoplasm of the larynx  
▪  Malignant neoplasm of the esophagus 
▪  Malignant neoplasm of the stomach 
▪  Malignant neoplasm of the colon and rectum 
▪  Malignant neoplasm of the liver and intrahepatic 
bile duct 
▪  Malignant neoplasms of the retroperitoneum and 
peritoneum, omentum, and mesentery 
▪  Malignant neoplasms of the trachea; bronchus and 
lung; heart, mediastinum and pleura; and other illdefined sites in the respiratory system and 
intrathoracic organs 
▪  Mesothelioma 
▪  Malignant neoplasms of the soft tissues (sarcomas) 
▪  Malignant neoplasms of the skin (melanoma and nonmelanoma), including scrotal cancer 
▪  Malignant neoplasm of the breast 
▪  Malignant neoplasm of the ovary  
▪  Malignant neoplasm of the urinary bladder 
▪  Malignant neoplasm of the kidney 
▪  Malignant neoplasms of renal pelvis, ureter and 
other urinary organs 
▪  Malignant neoplasms of the eye and orbit 
▪  Malignant neoplasm of the thyroid 
▪  Malignant neoplasms of the blood and lymphoid 
tissues (including, but not limited to, lymphoma, 
leukemia, and myeloma) 
▪  Childhood cancers 
▪  Rare cancers


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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 work related accident and injuries.


Wednesday, June 6, 2012

Congressman Cummings Introduces Legislation to Reform Defense Base Act


Rep. Elijah E. Cummings, Ranking Member of the House Oversight and Government Reform Committee, introduced legislation today that would save taxpayers huge sums of money by transitioning the existing workers’ compensation insurance system for overseas government contractors away from private sector insurance companies to a federal self-insurance program.

“There is absolutely no reason American taxpayers should be lining the pockets of private insurance companies,” said Cummings.  “This bill would save billions of dollars while improving the ability of contractor employees who risk their lives in war zones to obtain the medical care and support they deserve.”

According to a 2009 Pentagon study, Congress could save as much as $250 million a year by transitioning the existing Defense Base Act (DBA) insurance program to a government self-insurance program.  The study found:  “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”

Cummings’s legislation, H.R. 5891, The Defense Base Act Insurance Improvement Act of 2012, would direct the Departments of Defense and Labor to establish a self-insurance program in which the government would pay directly for medical benefits and disability benefits rather than utilizing private insurance companies.

The existing system has been a boondoggle for private insurance companies, who have reaped enormous profits under the program.  According to an Oversight Committee investigation, insurance companies providing DBA insurance in Iraq and Afghanistan have made enormous underwriting profits that are significantly higher than those of traditional workers’ compensation insurers.

The current DBA system requires contractors to purchase workers’ compensation insurance for employees working overseas from private insurance carriers, and the contractors and insurance companies negotiate their own rates.  Since the costs of the insurance premiums are often built into the price of the contract with the government, there is little incentive for contractors to limit insurance costs.

Cummings’s bill would set a six month deadline for the Departments of Defense and Labor to develop an implementation strategy to transition to a self-insurance program, and it would require the strategy to be executed within a year after the bill is enacted.

The legislation would also require the Departments of Defense and Labor to issue a report one year after the program is implemented to assess its effectiveness in terms of cost-savings and the delivery of benefits.

In addition to cost concerns, the current system has failed to ensure that all injured workers obtain health care services, disability payments, or death benefits they and their families deserve.  An analysis by ProPublica found that private insurance companies had denied about 44% of serious injury claims and about 60% of claims by employees suffering psychological damage such as post-traumatic stress disorder.

At the request of Congressman Cummings, the Domestic Policy Subcommittee held a hearing in 2009 to evaluate these findings, which confirmed that the Defense Base Act is in desperate need of reform.

Tuesday, June 5, 2012

AIG settles workers compensation insurance complaint with all 50 states, DC for $146.5M

Florida Insurance Commissioner Kevin McCarty today announced that asettlement agreement between the American International Group, Inc. (AIG) and its affiliates with all 50 states and the District of Columbia has become fully effective. The settlement is a result of AIG misreporting $2.12 billion of workers’ compensation premium as other lines of insurance. As part of the settlement agreement, AIG agreed to pay a national penalty of $100 million, and $46.5 million in additional premium taxes and assessments.

The Office of Insurance Regulation (Office) will receive $5.6 million in fines and penalties with an additional $8.7 million split between the Department of Financial Services (DFS) Division of Workers’ Compensation, Department of Revenue (DOR) and the Florida Workers’ Compensation Insurance Guaranty Association (FWCIGA).

"AIG systematically underreported workers' compensation insurance premium by putting this premium into the general liability or commercial automobile liability categories,” stated Commissioner McCarty. "The practical effect of this misreporting was to report premium in lines of business with lower residual market obligations or premium tax rates and assessments. I am pleased by the collaborative multi-state investigative effort that will yield millions of dollars in unpaid taxes owed to the states."

The lead states issued their multi-state examination report in December 2010 and entered into a related regulatory settlement agreement. The agreement was subject to several conditions, all of which have now been resolved. One of those was a $450 million residual market settlement that was approved by the U.S. District Court in February 2012. The remaining open condition, a settlement with insurance guaranty associations, was satisfied on May 30, 2012 when a $25 million settlement agreement was signed.

Florida was one of the lead states in this multistate examination along with Delaware, Indiana, Massachusetts, Minnesota, New York, Pennsylvania, and Rhode Island. As part of the agreement, AIG entered into a compliance plan concerning the financial reporting of its workers’ compensation premium, and going forward agreed to be monitored and subject to a follow-up examination by the lead states in two years.

Thursday, May 31, 2012

California Settlement Protects Hair Salon Workers

A groundbreaking settlement between California’s Attorney General and manufacturers of Brazilian Blowout hair smoothing products that contain a cancer-causing chemical will help protect salon workers and consumers, according to the California Department of Public Health’s Occupational Health Branch.

The settlement with the manufacturer of Brazilian Blowout products requires the company to warn consumers and hair stylists that two of its hair smoothing products emit formaldehyde gas, which is known to cause cancer in humans. The company must also cease deceptive advertising; pay $600,000 in fees, penalties and costs; and report the presence of formaldehyde in its products to California Safe Cosmetics Program (CSCP) (http://www.cdph.ca.gov/programs/cosmetics/Pages/default.aspx). The warning requirements are the maximum penalty that could be achieved under state law.

The January 2012 settlement stemmed from complaints from hair stylists and customers that the product was causing symptoms, including nose bleeds, burning eyes and throat, skin irritation, and asthma attacks.

See http://www.cdph.ca.gov/programs/cosmetics/Documents/BrazilianBlowoutQA.pdf for more on Brazilian Blowout. Email OHW@cdph.ca.gov to subscribe to the monthly Occupational Health Watch e-newsletter.
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Home Hospitalization

An innovated path to medical care is the concept of home hospitalization. It provides both both patient comfort and cost saving. This approach, facilitated by the advent of telecommunications, is being advance in  is now being expanded in many jurisdictions including: Illinois, Rhode Island, New York, Florida and Minnesota. 


With the soaring cost of workers' compensation payments now exceeding 50% of payments, new and innovative approaches are being advanced.


Click here to read more: Some Patients Can Choose To Be Hospitalized At Home

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China: Employer Pays Compensation After Murdering Employee


The family of a deceased migrant worker was compensation after street protests following the murder of the employee by the Chinese employer.

Click here to read more: Zhejiang protest ends with compensation deal

"Migrant workers' protests that broke out on Monday in east China's Zhejiang province following a peer's death have mostly come to an end and the family of the deceased has received 300,000 yuan (47,298) in compensation, local authorities said Tuesday."


Wednesday, May 30, 2012

Advice needed so employers can reduce risk of female workers developing breast cancer

Commenting on a study published today (Tuesday) on the Occupational and Environmental Medicine website, which found that frequent night shifts are linked to an increased risk of breast cancer, TUC General Secretary Brendan Barber said:

'This study confirms previous research which has shown that shift work is now the second biggest cause of work-related cancer deaths after asbestos.

'We need urgent advice from the HSE and government so that employers can reduce the risk of female workers developing breast cancer, for example by indentifying safer shift patterns.'

- The study is available at http://press.psprings.co.uk/oem/may/oem100240.pdf 



"Conclusions The results indicate that frequent night
shift work increases the risk for breast cancer and
suggest a higher risk with longer duration of intense
night shifts. Women with morning preference who
worked on night shifts tended to have a higher risk than
those with evening preference."


Related articles

Paying For Occupational Medical Care

A recent report in the Journal of Occupational and Environmental Medicine disclosed that the Government and US Taxpayer are paying the majority of the costs for occupational medical care. Even though workers' compensation insurance was designed to pay for such coverage, the majority of the bills incurred for work related accidents and injuries are actually paid by other sources.


Click here to read: Most occupational injury and illness costs are paid by the government and private payers

"UC Davis researchers have found that workers' compensation insurance is not used nearly as much as it should be to cover the nation's multi-billion dollar price tag for workplace illnesses and injuries. Instead, almost 80 percent of these costs are paid by employer-provided health insurance, Medicare, Medicaid, Social Security and other disability funds, employees and other payers."

Tuesday, May 29, 2012

Law Firm Prosperity California Style-Post Dewey & LeBoeuf

Guest Blog by
David Depaolo*


Across the nation the decline in work comp claims have caused scale back in law firms for both injured workers and carrier defense … except in California.

Applicant firms (as they are called in California) have not seen much if any attrition since 2004,when the Terminator reforms were instigated, and several have actually expanded taking up the slack of the less dedicated firms.

Defense firms have exploded with more and more defense attorneys being hired and more and more defense billable hours being charged since the prosperous 1980s.

The reason appears to be unsettled law just now coming to a point of stabilization and ancillary issues that have been generated as a consequence of regulatory changes - e.g. California's "lien laws" have created increased litigation as, in my opinion, short-sighted regulators implement strategies to treat the symptoms rather than the underlying disease.

The Dewey & LeBoeuf bankruptcy was a long time coming as the firm simply failed to curtail its spending and partner dividends when clients were pulling back in the face of the recession.

So I don't see Dewey & LeBoeuf  as really representative of lower work comp filing rates.


David DePaolo is CEO, President, Editor-in-Chief of WorkCompCentral. He holds a J.D. from Pepperdine University School of Law (1984), a Masters in Business Administration from California Lutheran University (1997) and a Bachelor of Arts, English, from San Diego State University (1981). Mr. DePaolo is a frequent lecturer and author his own blog, DePaolo's Work Comp World.

Kim Presbrey, A Founder of the Workplace Injury Litigation Group


Injured workers and their representatives lost a leader of the legal profession with the passing of Kim Presbrey of Illinois. Kim was one of the charter founders of the Workplace Injury Workers Litigation Group (WILG).

Throughout his career, Kim sought justice for his clients. He assisted other attorneys through his guiding leadership to advance the interests of a safer work environment.

My friendship with Kim began in the formative days of WILG and lasted throughout his entire career. He would often zealously call me late at night on the weekend just to keep me updated on important issues concerning workers' compensation so that readers of this blog could be updated on urgent developments of major significance.

Kim's passing is a major loss to the workers' compensation community. Our sincere sympathies go out to his family and friends, all of which he dearly loved.



Law Firm Bankruptcy: The Saga of Dewey & LeBoeuf


The downward spiral of workers' compensation filings has had severe economic impact throughout the legal profession.  Dewey & LeBoeuf's collapse signals a major change in employment law. It is a contributing consequence of the continued decline workers' compensation claims.

Yesterday headlines announced the largest  law firm bankruptcy filing in the history of the United States. Dewey & LeBoeuf. It was a law firm with a significant employment litigation practice.

The firm handled the defense of employment related matters including: discrimination complains, sexual harassment and discrimination claims. It assisted employers in the defense of claims arising out of mass layoffs and plant closing, age discrimination and disability matters. These claims are usually intertwined with workers' compensation matters, which have been the genesis for many collateral employment law related claims.

As workers' compensation laws become more restrictive, fewer employment law claims emerge. The present downward trend of workers' compensation claims continues. The consequences of this decline will impact the the practice of employment law forever.



Click here to read: Dewey's Post-Mortem Is Likely to Drag On

"Client bills can be tough enough to collect when a firm is in business. But once a firm goes under and the client-law firm relationship dissolves, collection suddenly gets much harder, say legal experts. "Suddenly, clients start complaining that the fees were too high; that the firm committed malpractice," said Jerome Kowalski, a New York-based consultant to law firms and expert on law-firm dissolutions."

Thursday, May 24, 2012

Occupational Exposure to Silica During Hydraulic Fracking

While focus has been on environmental concerns with the advent of fracking, a process to release oil and gas, a new concern has emerged over the potential occupational exposure to silica by workers who are involved in the process. The National Institute for Occupational Safety and Health has published information focusing on these safety concerns.

Silica exposure has long been recognized as a compensable occupational condition in a majority of jurisdictions. A sandblaster who was required to use several 100 pound bags of silica each day and who, as a result of the inhalation of silica dust, developed silicosis was awarded compensation benefits in the form of both disability and medical benefits. Sharp v. Paterson Monument Co., 9 N.J.Super. 476, 75 A.2d 480 (Co.1950). The increased risk for occupational exposure to tuberculosis (TB) is recognized among healthcare and other workers exposed to persons with active TB and workers exposed to silica or other agents that increase the progression from latent to active TB. CDC Proportionate Mortality from Pulmonary Tuberculosis Associated With Occupations—28 States, 1979–1990. MMWR 1995; Vol. 44/No. 1:14-19.

Click here to read more: Worker Exposure to Crystalline Silica During Hydraulic Fracturing

"Hydraulic fracturing or “fracking” is the process of injecting large volumes of water, sand, and chemicals into the ground at high pressure to break up shale formation allowing more efficient recovery of oil and gas. This form of well stimulation has been used since the late 1940s, but has increased substantially over the last 10 years with the advent of horizontal drilling technology that greatly improves access to gas deposits in shale. Approximately 435,000 workers were employed in the US oil and gas extraction industry in 2010; nearly half of those workers were employed by well servicing companies, which includes companies that conduct hydraulic fracturing (BLS)."
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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 work related accident and injuries.

Related articles

Whose to Blame for Opioid Abuse in Workers' Compensation Claims?

English: From: United States Department of Jus...
(Photo credit: Wikipedia)
A recent Texas case  holding an employer liable holding an employed liable for a fatal opioid overdose arising out of work-related event highlights again that, the workers' compensation medical delivery system just isn't working. Efforts by Industry to "reform" the system. by limiting benefits. is a misdirected knee-jerk reaction, and not one that will address the symptoms of the problem, a failed medical delivery system.

Click here to read more: Opioid death liability falling on employers--Court rulings compel benefits payments

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Wednesday, May 23, 2012

Are You My Mother?



Sorting out dependency status in a workers' compensation claim can be as confusing as the questions classic novel posed in P.D. Eastman's children's story, "Are You My Mother?" The US Supreme Court ruled, (Astrue v. Capato) that for the eligibility requirements of Social Security, that children conceived after a father's death are not to be considered a dependent. In Vitro Fertilization (IVF) will pose yet another intriguing question for the multitude of state workers' compensation programs to sort out.

Click here to read more: Supreme Court Denies Benefits for Children Conceived After Father's Death (Jurist)

Related articles

OSHA Targets Fall at New Jersey Companies


US Department of Labor's OSHA issues 'call to action' to
New Jersey construction companies to prevent worker falls

Robert Kulick, OSHA regional administrator in New York
Following four recent construction incidents that took place in Northern New Jersey, the U.S. Department of Labor's Occupational Safety and Health Administration is calling on construction companies to ensure that employees working above 6 feet have the proper equipment to protect themselves from falls on the job.

OSHA has opened investigations following a worker fall through a roof into a vat of acid in Clifton, N.J.; a worker fall from the roof on a residential construction site in Bayonne, N.J.; a worker fall while installing a steel frame in Madison, N.J.; and a worker fall from an aerial lift in Secaucus, N.J.

"This is a call to action for every contractor in the state," says Robert Kulick, OSHA regional administrator in New York. "These incidents are tragic reminders of the dangers posed to workers when they are not adequately protected from fall hazards."

There are a number of ways to protect workers from falls, including guardrail systems, safety net systems and personal fall arrest systems, including properly anchored body harnesses and lanyards, as well as the use of safe work practices and thorough training. "Whether working on a roof, a scaffold or in an aerial lift, all workers must have and correctly use the proper equipment to prevent falls," Kulick adds.

In April, Secretary of Labor Hilda L. Solis announced a new campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. In 2010, more than 10,000 construction workers were injured as a result of falling while working from heights, and more than 250 workers were killed. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information is available in English and Spanish on fall protection standards at http://www.osha.gov/stopfalls.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, OSHA's role is to promote safe and healthful working conditions for America's working men and women by setting and enforcing standards, and providing training, outreach and education. For more information, visit http://www.osha.gov.

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 accident and injuries.


Employers Now Banning Cell Phone Use

A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation laws.


Click here to read the survey results: 

Companies Increasingly Concerned About Employee Use of Cell Phones While Driving

"The number of commercial fleet operators that have adopted written policies pertaining to employee use of cell phones while driving on-the-job has increased 29% in the past year – from 62% to 80% – according to the second annual survey of more than 900 transportation and fleet professionals conducted by ZoomSafer."

Tuesday, May 22, 2012

ICD-10 Is Coming

CMS will initiate enforcement action after June 30, 2012 to enforce compliance to ICD-10 coding.


1.  The compliance date for upgrading to Version 5010 standards for electronic health transactions was January 1, 2012; CMS enforcement discretion is in place until June 30, 2012.
2.  The transition to ICD-10 for medical diagnosis and inpatient procedure coding is coming.

CMS utilizes ICD data for Medicare Secondar Payer Act (MSP) enforcement.