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

Thursday, February 14, 2013

Obama to Increase Workers' Compensation Benefits

President Obama announced a plan this week that will increase benefits paid to injured workers though workers' compensation insurance. Obama intends to increase the minimum wage from $7.25 to $9.00 per hour and "index" future increases.

The majority the nation's patchwork of workers' compensation systems are based on a payment scheme linked to wages. The State Average Weekly Wage (SAAW) establishes the foundation upon which temporary disability and permanent disability payments are determined. As wages increase so will benefits.

President Barack Obama
Delivering The State of The Union
White House Photo: Chuck Kennedy
A White House spokesperson announced that, "The President’s plan strengthens the middle class by making America a magnet for jobs, equipping every American with the skills they need to do those jobs, and ensuring hard work leads to a decent living."

"The President believes that no one who works fulltime should have to raise their family in poverty. But right now, a full-time minimum wage worker makes $14,500 a year – which leaves
too many families struggling to make ends meet, with a family of four with a minimum wage worker still living below the poverty line. That’s why the President is calling on Congress to raise the Federal minimum wage for working Americans in stages to $9 in 2015 and index it to inflation thereafter."

Related articles

Just Published - 2013 Update to Gelman on Workers' Compensation Law

Jon Gelman’s newly revised and updated treatise on Workers’ Compensation Law has just been published by West Group of Egan, MN. The treatise is the most complete work available on NJ Workers’ Compensation law.

The work offers an in-depth and insightful analysis that provides a quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.

Gelman on Workers’Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.

It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™.

Click here now to order your copy.

Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades he has been involved in complex litigation involving thousands of clients challenging the mega-industries of: asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of The Workers Injury Law & Advocacy Group (WILG) and a charter member of The College of Workers' Compensation Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer. jon@gelmans.com -www.gelmans.com


Tuesday, February 12, 2013

Abraham Lincoln

FOUR SCORE AND SEVEN YEARS AGO OUR FATHERS BROUGHT FORTH ON THIS CONTINENT A NEW NATION CONCEIVED IN LIBERTY AND DEDICATED TO THE PROPOSITION THAT ALL MEN ARE CREATED EQUAL •

Abraham Lincoln
b. February 12, 1809
NOW WE ARE ENGAGED IN A GREAT CIVIL WAR TESTING WHETHER THAT NATION OR ANY NATION SO CONCEIVED AND SO DEDICATED CAN LONG ENDURE • WE ARE MET ON A GREAT BATTLEFIELD OF THAT WAR • WE HAVE COME TO DEDICATE A PORTION OF THAT FIELD AS A FINAL RESTING PLACE FOR THOSE WHO HERE GAVE THEIR LIVES THAT THAT NATION MIGHT LIVE • IT IS ALTOGETHER FITTING AND PROPER THAT WE SHOULD DO THIS • BUT IN A LARGER SENSE WE CAN NOT DEDICATE~WE CAN NOT CONSECRATE~WE CAN NOT HALLOW~THIS GROUND • THE BRAVE MEN LIVING AND DEAD WHO STRUGGLED HERE HAVE CONSECRATED IT FAR ABOVE OUR POOR POWER TO ADD OR DETRACT • THE WORLD WILL LITTLE NOTE NOR LONG REMEMBER WHAT WE SAY HERE BUT IT CAN NEVER FORGET WHAT THEY DID HERE • IT IS FOR US THE LIVING RATHER TO BE DEDICATED HERE TO THE UNFINISHED WORK WHICH THEY WHO FOUGHT HERE HAVE THUS FAR SO NOBLY ADVANCED • IT IS RATHER FOR US TO BE HERE DEDICATED TO THE GREAT TASK REMAINING BEFORE US~THAT FROM THESE HONORED DEAD WE TAKE INCREASED DEVOTION TO THAT CAUSE FOR WHICH THEY GAVE THE LAST FULL MEASURE OF DEVOTION~THAT WE HERE HIGHLY RESOLVE THAT THESE DEAD SHALL NOT HAVE DIED IN VAIN~THAT THIS NATION UNDER GOD SHALL HAVE A NEW BIRTH OF FREEDOM~AND THAT GOVERNMENT OF THE PEOPLE BY THE PEOPLE FOR THE PEOPLE SHALL NOT PERISH FROM THE EARTH •

Gettysburg Address (November 19, 1863)
by Abraham Lincoln
Note: There are 5 known versions of the Getty's Address.
This is the version of the text inscribed on the walls at the Lincoln Memorial in Washington D.C.

Get Sodium Out Of Workers' Diets

Today NYC Mayor Mike Bloomberg announced that 21 companies are voluntarily reducing sodium in packaged or restaurant foods. 


The indirect beneficiaries are both employers and employees who are served or purchase prepackage foods in employer cafeterias and restaurants  Sodium has been causally connected to risk of increased illness and disease. 

Monday, February 11, 2013

Jobs, Growth & Universal Healthcare


Robert Reich, in a 3 minute video, states the reasons why jobs, growth and universal healthcare are needed to expand the US economy. 

This is reflective of the issues plaguing the nation's workers' compensation system, especially soaring medical delivery costs (administrative, clinical and pharmaceutical).  

Read more about "universal healthcare" and workers' compensation:

Feb 01, 2013
Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way. My friend, and cycling inspiration, who keeps me trying to ...
Nov 09, 2012
Going forward it is imperative that a universal medical program be established to provide medical treatment for all work-related occupational injuries and exposures. The delay and denial of medical benefits to those who suffer ...
Jul 05, 2012
Those efforts demonstrate a commitment to bring the nation ever closer to a universal care medical program incorporating the entire patchwork of workers' compensation medical delivery systems. The US Supreme Court has ...
Mar 05, 2011
Vermont Universal Health Care to Embrace Workers Compensation. A two-stage bill in Vermont is geared to establishing a single-payer medical health care system that would include medical for workers' compensation ...

Last Day to Sign: Protect American workers from exposure to silica on the job.


For about 100 years workers have been dying from exposure to silica on the job. Silica can cause both lung disease (silicosis) and cancer. The government have been talking about regulating exposures ever since the 1940s and sponsored a campaign to prevent silicosis in the 1990s. OSHA has drafted a proposal to reduce silica exposures in the workplace but it has been sitting at the White House OMB for almost 2 years! It is about time to move forward and promulgate a silica standard to protect American workers. Please sign this petition if you want to see action.
Click here to sign the The Whitehouse Petition

Read more about "silica" and workers' compensation

11 hours ago
A foundry worker, who was exposed to silica for over 35 years, was held by a NJ Workers' Compensation Judge, to have contracted a fatal lung cancer as a result of his employment. His spouse was awarded dependency ...
Feb 05, 2013
The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures. You can join the 2700 other people who have ...
Jun 22, 2012
Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in ...
Jan 03, 2010
"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a ...

Sunday, February 10, 2013

Silica Linked to a Fatal and Compensable Lung Cancer

A foundry worker, who was exposed to silica for over 35 years, was held by a NJ Workers' Compensation Judge, to have contracted a fatal lung cancer as a result of his employment. His spouse was awarded dependency benefits.

Compensation Judge, Philip A. Tornetta, in a recently published decision (Johnson v. Campbell CP NO. 2007-11564), found that a worker's adenacarcinoma was related to his exposure at on the job. The Judge based his decision upon a review of the death certificate, Material Data Safety Sheets, hospital records, oral testimony from the surviving spouse, and expert medical testimony.

Following the landmark NJ Supreme Court decision in Fiore v. Consolidated Freightways, 140 NJ 452 (1995) [an occupational heart claim], and Lindquist v. City of Jersey City Fire Department, 175 NJ 244 (2003) [mandating evidential review of scientific evidence], the Court reasoned "the preponderance of the credible evidence" proven the exposure to caused a compensable and fatal medical condition.

The Obama Administration is reviewing proposed rules to reduce exposure to silica in the workplace. It is anticipated that they will be adopted shortly. Judge Tornetta's decision reflects the urgency of the need to promulgate silica regulations immediately. 

Read more about "silica" and workers' compensation:

Feb 05, 2013
The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures. You can join the 2700 other people who have ...
Jun 22, 2012
Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in ...
Jan 03, 2010
"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a ...
Jan 21, 2010
Insofar as silica dust impairs cellular defense, silica-exposed workers (without silicosis) may be at increased risk for fungal infections, as they are for mycobacterial infections." Concurrent Silicosis and Pulmonary Mycosis at ...

Friday, February 8, 2013

What To Do Before A Major Snow Storm Strikes

As weather forecasters begin to label the impending Northeast Snowstorm as "The Snowstorm of the Century" employers and employees at taking preparations to avoid adverse exposures and serious injurieis during a time of cold and stress.The US Centers for Disease Control has announced a preparatory list of things to be done in advance of the storm.

Stock up on emergency supplies for communication, food, safety, heating, and car in case a storm hits.

Communication Checklist

  • Make sure you have at least one of the following in case there is a power failure:
  • Find out how your community warns the public about severe weather:
    • Siren
    • Radio
    • Television
  • Listen to emergency broadcasts.
  • Know what winter storm warning terms mean:
    • Winter Weather Advisory: Expect winter weather conditions to cause inconvenience and hazards.
    • Frost/Freeze Warning: Expect below-freezing temperatures.
    • Winter Storm Watch: Be alert; a storm is likely.
    • Winter Storm Warning: Take action; the storm is in or entering the area.
    • Blizzard Warning: Seek refuge immediately! Snow and strong winds, near-zero visibility, deep snow drifts, and life-threatening wind chill.

Thursday, February 7, 2013

Nursing Facilities Have Higher Incidence Of Workplace Injury Than Construction

Today's post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

According to the U.S. Department of Labor Bureau of Labor Statistics “Workplace Injuries and Illnesses – 2010” report, the United States is becoming a safer place to work. In 2010, there were 3.1 million non-fatal work injuries reported. This translates to 3.5 injuries per 100 full-time equivalents, a slight decrease from the 2009 rate of 3.6 injuries per 100 full-time workers. The rate of injuries per 100 workers has been decreasing every year since 2002. In 2010, Iowa reported an above average number of work injuries, averaging 4.4 injuries per 100 full-time equivalent workers.

Tuesday, February 5, 2013

Protect American workers from exposure to silica on the job

At least 1.7 million construction workers could be protected from cancer-causing silica if an OSHA protection – stalled for two years – is put into action.

The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures.  You can join the 2700 other people who have signed on here:

Sign the petition.

In the time it takes to create an account at the White House website – about three minutes – at least three more workers will have been exposed to silica. 

Monday, February 4, 2013

World Cancer Day 2013

1.5 million premature cancer deaths could be prevented per year if targets set to reduce NCDs are met by 2025

On World Cancer Day, UICC and International Agency for Research on Cancer (IARC) reveal real-life impact of achieving goal

Monday 4 February 2013 – World Cancer Day: Geneva, Switzerland – The Union for International Cancer Control (UICC) and the International Agency for Research on Cancer (IARC) today announced that 1.5 million lives which would be lost to cancer, could be saved per year if decisive measures are taken to achieve the World Health Organization’s (WHO) ‘25 by 25’ target; to reduce premature deaths due to non-communicable diseases (NCDs) by 25% by 2025.[i]

Currently, 7.6 million people die from cancer worldwide every year, out of which, 4 million people die prematurely (aged 30 to 69 years).i So unless urgent action is taken to raise awareness about the disease and to develop practical strategies to address cancer, by 2025, this is projected to increase to an alarming 6 million premature cancer deaths per year.

“The estimate of 1.5 million lives lost per year to cancer that could be prevented must serve to galvanise our efforts in implementing the World Health Organization’s (WHO) ‘25 by 25’ target,” said Dr Christopher Wild, Director of IARC. “There is now a need for a global commitment to help drive advancements in policy and encourage implementation of comprehensive National Cancer Control Plans. If we are to succeed in this, we have a collective responsibility to support low- and middle-income countries who are tackling a cancer epidemic with insufficient resources.”

The 1.5 million lives lost per year represent 25% of the estimated 6 million premature cancer deaths that will occur by 2025, and the 6 million figure is itself based on population projections of current numbers and aging.[1]

Russian Money Interests Are Milking the Asbestos Cash Cow

The International Ban Asbestos Secretariat today reports about the corrupt connection between the Russian asbestos industrry and the IARC (the International Agency for Research on Cancer). To advance the mining and exportation of a known carcinogen, asbestos, and furthering the sufferring from asbestosis, lung cancer and mesothelioma is an uncontionable act.
"Far from being coincidental, the research being conducted, the conferences being held and the papers being published are part of a long-term, orchestrated plan by asbestos stakeholders to counter all attempts to tarnish the image of chrysotile asbestos, a substance which continues to be sold in large quantities around the world. As long as money is to be made, the industry will leave no stone unturned in its quest to milk the asbestos cash cow. It is sad to see that they may now have new allies to help them do so."
Click here to read the complete article: The Lancent Highlights the IARC Controversey

Friday, February 1, 2013

Universal Medical and Workers' Compensation: It's Not "If", It's "When" - California

The Affordable Care Act (ACA) is going to definitely change the landscape of medical delivery over the coming future. Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way.

My friend, and cycling inspiration, who keeps me trying to think I can enter the Tour de France while under the influence of Starbucks coffee, David DePaolo, points out that the "fusion" may be coming slowly through legislation of unintended consequences in California.
"The concept of universal care, 24 hour care, single stop shop, etc. has been floating for a couple of decades now with very little progress.

"But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine and general health medicine. Outsourcing MPN [Medical Provider Networks] oversight to a health care related agency is just another step towards this outcome.
David, an expert in analyzing what's around the curve, sees the next wave of change coming to workers' compensation. For so many reasons, including the expansion/reimbursement integration of the Medicare program, the writing is on the wall on this one. 

Every time the lobbyists think that have eliminated the imminent threat of Federal intrusion, ie. Enactment of The SMART Act, the reality of which is that the regulations will eat up the statute, and also their lunch. I plan to write more on The SMART Act in the coming weeks. Maybe that wasn't so smart after all for the cottage industries that supported it.

Why Do Roofers Fall From Roofs? Is it just because of gravity?

Today I received an urgent call from an attorney representing a client in New Jersey who fell from a roof. Before she told me the job description of the injured worker, now in a coma, I correctly anticipated that it was probably a roofer who had fallen from a roof, yet again. 

Workers Are Getting Sick to Their Stomach - A New Virus

A new outbreak of the "stomach virus" is affecting workers and some fatally. The US Centers for Disease Control (CDC) has explained why this is happening and what cautions can be taken to prevent the spread of this illness.

A new strain of norovirus called GII.4 Sydney was the leading cause of norovirus outbreaks in the United States from September to December 2012, according to a study published in Morbidity and Mortality Weekly Report released today by the Centers for Disease Control and Prevention. The new strain was detected in Australia in March 2012, and caused outbreaks in that country and several other countries.

CDC researchers analyzed 2012 data collected through CaliciNet on norovirus strains associated with outbreaks in the United States. They found that of the 266 norovirus outbreaks reported during the last four months of 2012, 141 were caused by the GII.4 Sydney strain.

Thursday, January 31, 2013

9/11 Fund Starts Making Payment to Victims

The Zadroga 9/11 Victims Claim Fund has started to make payments to victims of the World Trade Center attack. First Responders andthose who lived or worked in the immediate geographical site near "ground zero" may be entitled to the payment of benenfits for illness and injuries that they suffer as a result of the terrorist attack.

Those eligible include, individuals present at  a 9/11 crash site at the time of or in the immediate aftermath, who suffer physical harm as a result of the crashes or debris removal. Also the personal representatives of individuals who were present at a 9/11 crash site, who died as a result of the crashes or debris removal, are eligible to file claims.

I Told My Supervisor - Why Do I Need To File An Accident Report In Writing?

Today's post comes from Matthew Funk of the NY Bar.

QUESTION: I TOLD MY SUPERVISOR ABOUT THE ACCIDENT BUT I DID NOT SUBMIT AN ACCIDENT REPORT. AM I GOOD TO GO WITH THE VERBAL NOTICE?
ANSWER: ALWAYS REPORT AN INJURY IN WRITING
Joe was working a construction job when Mike accidentally beaned Joe on the head with a 2X4. After seeing a couple of Tweety Birds and a whole bunch of stars, Joe went down to his supervisor’s station and told him he had just had an accident. Then he went off to the ER to make sure he was not seriously injured, relieved he had taken care of business at the job site. All he had to do now was get better.
No, Joe! No! Yes, Joe satisfied the notice requirement. However, Joe was NOT good to go.
Supervisors sometimes have a funny habit of forgetting conversations or oral notices of an accident. Even if Joe’s supervisor were his best friend, when push came to shove there could be no telling what the supervisor might say in Court front of a Judge. Furthermore,

Asbestos Disease Remains a Problem Despite Lower Consumption in the US

Recently release statistics from the US Geological Survey brings some hope to reducing asbestos disease in the US.  Historically, as the production of asbestos fiber lowers, so does the incidence of asbestos related disease, which is a latent medical condition that takes 10 to 30 years to manifest itself.

Asbestos this has been used for decades in the United States in militray and civilian environments in various forms including construction material and insulation. It appears in commercial and military buildings and equipment, as well as residential and consumer appliances. 

Asbestos has been causally connected to a rare and fatal cancer,  mesothelioma. Asbestos has also been linked to various other cancers including: lung cancer, a well as a pulmonary condition, asbestosis.


Wednesday, January 30, 2013

How to Protect Public Employees and Communities From Asbestos Exposure

It is unconscionable in this day and age for a worker who is exposed to asbestos fiber in the workplace. Ironically, in the 1950's, in Paterson, NJ, the city where the world renown asbestos researcher, Irving J. Selikoff MD, had conducted the initial the sentinel studies linking asbestos exposure with a fatal cancer, mesothelioma, public employees are still being exposed.
Despite the courts and public opinion frowning on such terrible events, it is imperative that the legislatures of the nation take the appropriate measures to ban asbestos in use, and to require a registry all sites where asbestos is known to be present. Additionally, the sites should be publicly listed in a registry by the US EPA and those site declared to be areas where a potential health emergency exists.

Tuesday, January 29, 2013

Siemens Recalls Temperature and Humidity Sensors for Schools, Hospitals and Other Buildings Due to Fire Hazard

Siemens Sensor - Biege Display Screen
Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

This recall involves wall-mounted Q-series sensors that control heat, air conditioning and humidity inside commercial buildings, hospitals and schools. 

The sensors come in three designs: a blank cover, a cover with a digital display screen or a cover with a digital display screen and door.

Monday, January 28, 2013

Social Security Disability: Get the evidence you need

Today's post comes from Roger Moore of the Nebraska Bar.

Social Security Disability applicants sometimes have trouble getting the evidence needed to demonstrate that they have a disability.

  PROBLEM 1: You haven't had regular medical care because you don't have health insurance. Without regular medical care, it's difficult to develop a relationship with a doctor that is strong enough that the doctor can complete a report on your health. Even if your disability is very real, proving it in Court can still be a hard thing to do. However, without medical insurance, most doctors won't see a patient.

 SOLUTION: In Nebraska there are some free clinics where you can be seen by a doctor even if you cannot afford to pay. To find a free clinic near you, contact your local health department. Anyone planning on applying for Social Security Disability should try to develop a relationship with a doctor by seeking regular medical care as often as possible.

PROBLEM 2: Many applicants don't have the right kinds of conversations with their doctors about their disabilities. Doctors are mainly concerned with your symptoms and how they can help you get well. They aren't necessarily focused on the kinds of things they'll need to know to help you with your Social Security Disability claim. To fill out a report for your claim, they'll need to know exactly how much you can and cannot do.

Saturday, January 26, 2013

The Vanishing Concept of a Job

While reviewing some historical cases today, I realized that what is missing from the workplace is the concept of "a job." America's economy has dramatically changed, and so have jobs that were once available in the workforce.

Even clearer is the fact that the concept of a job has disappeared. The idea of getting up in the morning and going regularly to a job has even vanished. The evolution changed slowly with the younger generation claiming that a job cycle transformed from a lifetime position to one lasting two years. Then the next stage in the evolution occurred, where the employee became a transient worker, and daily the job changed, No stable employer really exists.

This evolution has eroded the underlining framework of a functional workers' compensation program and the delivery of benefits. The injured worker becomes lost to the system, and a safe and secure workplace has become an illusion. Lost in the complexity is the adequate reporting of accidents and occupational disease, and the ability to accurately follow the evolution of latent diseases and medical conditions.
"A new trend in the U.S. labor market is reshaping how management and workers think  about employment, while at the same time reshaping the field of occupational safety  and health. More and more workers are being employed through “contingent work”  relationships. Day laborers hired on a street corner for construction or farming work,  warehouse laborers hired through staffing agencies, and hotel housekeepers supplied by  temp firms are common examples, because their employment is contingent upon shortterm fluctuations in demand for workers. Their shared experience is one of little job  security, low wages, minimal opportunities for advancement, and, all too often, hazardous working conditions. When hazards lead to work-related injuries, the contingent nature of the employment relationship can exacerbate the negative consequences for the injured worker and society. The worker might quickly find herself out of a job and, depending on the severity of the injury, the prospects of new employment might be slim. Employerbased health insurance is a rarity for contingent workers, so the costs of treating injuries are  typically shifted to the worker or the public at large. Because employers who hire workers on  a contingent basis do not directly pay for workers’ compensation and health insurance, they are likely to be insulated from premium adjustments based on the cost of workers’ injuries. As a result, employers of contingent labor may escape the financial incentives that are a main driver of business decisions to eliminate hazards for other workers."
Click here to read "At the Company’s Mercy: Protecting Contingent Workers from Unsafe Working Conditions"

Thursday, January 24, 2013

Temporary Employees Cannot Be Excluded From Workers’ Compensation

Today's post comes from Paul J. McAndrew, Jr. of the Iowa bar. Paul 's expertise in workers' compensation issues is nationally known and he has bee an zealous advocate for workers' rights.

According to a recent decision by the Texas Supreme Court, a temporary employee cannot be excluded from an employers’ workers’ compensation policy. In 2005, Rafael Casados was killed on his third day at work at a grain storage facility owned by Port Elevator-Brownsville L.L.C.

Because Casados was a temporary employee of Port Elevator at the time of his death, he was initially awarded a liability ruling of $2.7 million directly from Port Elevator.

However, according to the latest Supreme Court ruling, Casados’s family should receive remedy under Port Elevator’s workers’ compensation policy instead. Port Elevator’s insurance provider is liable for Casados’s death benefits, despite the fact that Port Elevator never paid workers’ compensation insurance for any of their temporary employees.

According to the decision: “If Port Elevator’s policy had set out certain premiums solely for temporary workers and Port Elevator had not paid those premiums, Casados would still have been covered under the policy and the failure to pay premiums would be an issue between Port Elevator (their insurance provider).”    

 Photo Credit:sixninepixels / FreeDigitalPhotos.net

Tuesday, January 22, 2013

US Supreme Court Upholds Equitable Tolling In Reimbursement Matter

US Supreme Court Upholds Equitable Tolling In Reimbursement Matter
Sebelius v. Auburn Regional Medical Center, Decided Jan. 22, 2013

"But this Court has explained that giving intermediaries more time to discover overpayments than providers have to discover underpayments may be justified by the “administrative realities” of the system: a few dozen  fiscal intermediaries are charged with issuing tens of thousands of NPRs, while each provider can concentrate on a single NPR, its own.  Your Home Visiting Nurse Services, Inc. v. Shalala, 525 U. S. 449, 455, 456.  Pp. 11–14. "
See full analysis on Scotus Blog.

Read more about equitable tolling:

Nov 13, 2012
ERISA health reimbursement claims asserted in Workers' Compensation claims may be subject to equitable relief depending on the upcoming decision in a case pending before the US Supreme Court. Oral argument is ...
Nov 22, 2011
The Doctrine of Equitable Allocation Not Applicable in a Medicare Secondary Payment Reimbursement Claim. The 6th Circuit Court of Appeals has ruled that The Center for Medicare and Medicaid Services (CMS) is entitle to ...
Nov 29, 2012
The US Court of Appeals for the Third Circuit, in defiance of several other circuits held [opinion] that "appropriate equitable relief" did not include revoking the payment to McCutchen. Interestingly enough at oral argument ...
Dec 05, 2011
US Supreme Court Maybe Asked to Rule on CMS Issue: "The Doctrine of Equitable Allocation". The 6th ... The Doctrine of Equitable Allocation Not Applicable in a Medicare Secondary Payment Reimbursement Claim A recent ...

Monday, January 21, 2013

Boston Globe: Teen Work Related Injuries a “Major Problem”

Today's post comes from Deborah Kohl from Deborah G. Kohl Law Offices of Massachusetts. 

A recent article published in the Boston Globe cites injuries to teenagers are, “A major problem,” according to the Massachusetts Department of Public Health. The article can be found here. The article further goes on to state that rules are often “flouted” for minors. The majority of injuries to teenagers take place in retail jobs or those in the the food preparation and service industry.

The article reports that the injuries are often serious ones such as cuts from deli/meat slicers and back/neck pain as a result heavy lifting in service and landscaping jobs. The article also reported, “One local teen, who asked not to be identified fearing retaliation from his boss, described going onto a highway to retrieve supermarket carts.” Everyone, regardless of age, has the right to expect nothing less than a safe working environment.

If you are injured at work, do not hesitate to immediately report the injury to your employer. If you feel that your rights have been violated with respect to an injury you sustained on the job, please contact us to discuss your situation.

Read more abut child labor.

Dec 14, 2012
The U.S. Department of Labor's Bureau of International Labor Affairs today introduced Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses, the first guide developed by the U.S. government to help ...
Sep 14, 2012
The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.
Jan 03, 2013
Other reforms included workplace safety regulations, child labor laws, and enhanced fire inspections, among others. There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have ...
Nov 22, 2011
He has announced that he will offer radical proposals including the elimination of child labor laws. For decades child labor laws and penalties have been integrated into state workers' compensation acts acting as a safety ...

UN Announces Treaty to Restrict Use of Mercury

Over 140 governments meeting at a United Nations forum in Geneva have agreed to a global, legally-binding treaty to address mercury, a notorious heavy metal with significant health and environmental effects.

The Minamata Convention on Mercury – named after a city in Japan where serious health damage occurred as a result of mercury pollution in the mid-20th Century – provides controls and reductions across a range of products, processes and industries where mercury is used, released or emitted.

These range from medical equipment such as thermometers and energy-saving light bulbs to the mining, cement and coal-fired power sectors, according to a news release issued today by the UN Environment Programme (UNEP), which convened the negotiations.

“After complex and often all-night sessions here in Geneva, nations have today laid the foundations for a global response to a pollutant whose notoriety has been recognized for well over a century,” said UNEP Executive Director Achim Steiner.

“Everyone in the world stands to benefit from the decisions taken this week in Geneva, in particular the workers and families of small-scale gold miners, the peoples of the Arctic and this generation of mothers and babies and the generations to come. I look forward to swift ratification of the Minamata Convention so that it comes into force as soon as possible,” he added.

The treaty, which has been four years in negotiation and which will be open for signature at a special meeting in Japan in October, also addresses the direct mining of mercury, export and import of the metal and safe storage of waste mercury.

Pinpointing populations at risk, boosting medical care and better training of health care professionals in identifying and treating mercury-related effects will also form part of the new agreement.

UNEP noted that mercury and its various compounds have a range of serious health impacts, including brain and neurological damage especially among the young. Others include kidney damage and damage to the digestive system. Victims can suffer memory loss and language impairment alongside many other well documented problems.

Among the provisions of the treaty, governments have agreed on a range of mercury-containing products whose production, export and import will be banned by 2020. These include batteries, except for 'button cell' batteries used in implantable medical devices; switches and relays; certain types of compact fluorescent lamps (CFLs); mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps; and soaps and cosmetics.

Certain kinds of non-electronic medical devices such as thermometers and blood pressure devices are also included for phase-out by 2020.

Governments also approved exceptions for some large measuring devices where currently there are no mercury-free alternatives. In addition, vaccines where mercury is used as a preservative have been excluded from the treaty as have products used in religious or traditional activities.

Read more about toxicity of mercury:
Dec 20, 2012
The US EPA has announce that mercury, a hazardous substance, that was dischardged by EI DuPont in the Pompton River in NJ will be removed. For decades it has been known that mercury exposure causes illness and ...
Nov 26, 2012
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other ...
Mar 05, 2010
For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...

Sunday, January 20, 2013

Paper or Plastic: A Reusable Workplace Hazard From The Grocery Store

Most people have been driven by guilt or cost into thinking about using a reusable shopping bag from the grocery store. A recent report indicates that sometimes the bags, because they are not sanitized by regular cleaning, become killer bacteria farms that may be transported into the workplace in a casual fashion.

Brought home from the grocery store, reusable and contaminated shopping bags then become storage and transport containers left baking in the car and carried everywhere for convenience from gyms, to libraries, and then into the workplace for lunch.

A recent report reflects that the reusable grocery bags often become contaminated by bacteria, since they are not cleaned properly nor  regularly, and that deadly bacteria colonize in the bags resulting human illness and increased emergency room visits.

"Recent studies, however, suggest that reusable grocery bags harbor harmful bacteria, the most important of which is E. coli. If individuals fail to clean their reusable bags, these bacteria may lead to contamination of the food transported in the bags. Such contamination has the potential to lead to health problems and even death."
....
Jon L.Gelman of Wayne NJ, helping victims of workplace injuries and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Other article of current interest