FL Supreme Court Rules Yet Another Part of the Work Comp Law Unconstitutional

The Florid Supreme Court today ruled yet another part of the Florida Workers' Compensation Act unconstitutional. The cut off of benefits provision was declared unconstitutional. The future of workers' compensation law in FL is now uncertain.

Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death

The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.

Paterson NJ commercial launderer cited for exposing workers to carbon monoxide dange

Paterson commercial launderer cited for exposing workers to carbon monoxide danger, other safety and health hazards. OSHA fines Purrfect Enterprises Inc., $51K for nearly two dozen violations

Employer name: Purrfect Enterprises Inc., 262 Clinton St., Paterson, New Jersey

Citations issued: On May 23, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for 22 serious violations and one other-than-serious violation.

Investigation findings: OSHA opened an inspection on Dec 28, 2015, after the Paterson Fire Department reported the release of carbon monoxide from the chimney at the facility, causing the hospitalization of four employees who lost consciousness. The agency cited the company for the following:
Overexposure of employees to carbon monoxide.
Failure to establish a safety program to protect workers from unexpected machine startups.
Machines without safety guards in place.
Electrical hazards.
Obstructed exits.
Lack of personal protective equipment.
Lack of an emergency action plan.
Deficient hazard communication program.

Proposed penalties: $51,100

"Carbon monoxide is a colorless, odorless and toxic gas which interferes with the oxygen-carrying capacity of blood. It can overcome a person without warning. While most people are aware of its dangers in a residential setting, it can be equally lethal in the workplace," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "The depth and range of hazards found at this facility reflect a breakdown in the company's safety and health system. It's important for this employer to correct the hazards and remove its workers from harm's way."

View the citations: http://www.osha.gov/ooc/citations/PurrfectEnterprisesIncdbaPurrfectLaundryInc_1118700_1114304.pdf

….

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

Ungerer workers exposed to chemical hazards, other safety and health dangers

OSHA cites Ungerer & Company, global flavor, fragrance manufacturer, for exposing workers to chemical hazards, other safety and health dangers

Citations issued: On May 25, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration issued one repeat and six serious violations, and one other-than-serious violation.

Inspection findings: OSHA received a referral on Jan. 27, 2016, from the Pennsylvania Emergency Management Agency alleging Ungerer & Company employees suffered respiratory distress from an unknown chemical odor, prompting an investigation.

The agency found repeat violations when the employer failed to use approved electrical equipment to clean up combustible dust, and did not train employees expected to participate in emergency response operations. Similar violations were previously cited in 2013.

The serious violations included:

1. A mobile ladder stand not equipped with safety stops to prevent horizontal movement.
2. A dust collection unit handling combustible dust not provided with proper explosion protection or suppression systems.
3. No developed emergency response plan.
4. Employees overexposed to hydrogen sulfide.
5. Feasible administrative and engineering controls not implemented.
6. Safety data sheets not maintained and without required safety and health information.

The company also did not conduct periodic re-evaluations of its hazardous energy control program, resulting in the other-than-serious citation.

Quote: “Ungerer & Company should immediately implement safeguards to protect its workers from the dangerous risks associated with exposure to combustible dust and chemical hazards,” said Jean Kulp, director of OSHA’s Allentown Area Office. “Employers will be held legally accountable for failing to provide a safe and healthful workplace.”

Proposed penalties: $63,450

The citations can be viewed at:
http://www.osha.gov/ooc/citations/UngererCompany_1116984.pdf
http://www.osha.gov/ooc/citations/UngererCompany_1133193.pdf

The employer has 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director or contest the findings before the independentOccupational Safety and Health Review Commission.

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• Passaic NJ distribution warehouse fined $112K for two dozen safety violations (workers-compensation.blogspot.com)
• OSHA Fines NJ Contractor For Hanger Collapse at Newark Airport (workers-compensation.blogspot.com)
• Newark gas manufacturer repeatedly exposed employees to workplace hazards (workers-compensation.blogspot.com)
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Radiation Exposure: Major New Study Links Cell Phone Exposure to Cancer in Rats

A new study conducted by the US National Toxicology Program has linked radiation from cell phone exposure to cancer in rats. This report reignites the controversy that was sparked by earlier scientific research of the positive causal relationship. Those studies were downplayed by the Industry. Workplace exposures may ultimately result in in a surge of disease and an epidemic of workers' compensation claims in the near future.

Memorial Day - 2016

President and Mrs. Hoover lead nation in observing Memorial Day. The National Capital, led by President and Mrs. Hoover, on Memorial Day 1929, paid tribute to America's dead heroes of 4 wars at Arlington National Cemetary. President Hoover is shown placing a wreath on the tomb of America's Unknown Soldier. Following the Chief Executive Mrs.Hoover placed a bunch of white carnations on the tomb. 

Source Library of Congress

"The price of freedom is eternal vigilance.” 

– President Thomas Jefferson

Ohio gun shop's lead, respiratory hazards endanger workers - FIned $195K

Federal safety and health investigators found that employees of an Ohio gun shop may face life-long health damage because their employer continues to expose them tolead hazards and has failed to establish a respiratory protection program.

Lack of Enforceability of Fee Sharing Arrangments

A NJ Appellate Court ruled that an agreement to share fees between lawyers, not holding NJ Supreme Court Certification, was unenforceable without the informed consent of the client and written acknowledgement of the client and all participating attorneys.

“Viewing the facts in a light most favorable to plaintiffs, we accept LaPorta's representation that he informed the client that he would receive a referral fee for referring the client's case. Even so, plaintiffs concede that they failed to inform the client of Weiner & Mazzei's participation in the alleged fee-splitting arrangement, and failed to solicit the client's consent to Weiner & Mazzei's participation. Thus, there is no genuine dispute that plaintiffs failed to satisfy the requirements of R.P.C. 1.5(e)(2) by failing to fully notify the client regarding the parameters of the fee arrangement in this case. Likewise, there is no genuine dispute whether the client consented to the participation of 'all the lawyers involved[,]' as required by R.P.C. 1.5(e)(3).”

The Court cited R.P.C. 1.5(e) which sets forth the following requirements for the sharing of fees:

Except as otherwise provided by the Court Rules, a division of fee between lawyers who are not in the same firm may be made only if:

1. the division is in proportion to the services performed by each lawyer, or, by written agreement with the client, each lawyer assumes joint responsibility for the representation; and
2. the client is notified of the fee division; and
3. the client consents to the participation of all the lawyers involved; and
4. the total fee is reasonable.

WEINER & MAZZEI, P.C., and PHILLIP A. LAPORTA, ESQ., v. THE SATTIRAJU LAW FIRM, PC,, DOCKET NO. A–1079–14T3, (NJ App Div 2016) 2016 WL 2993123, Decided January 12, 2016.

Arkansas Supreme Court rules donning and doffing activities are on the clock

The Arkansas Supreme Court ruled that putting on and taking off work clothes is considered work and compensation should be paid for the time performed doing these tasks.

Human exposure to carbon nanotubes and the carcinogenic consequences

As the application of carbon nanotubes (CNT) in consumer products continues to rise, studies have expanded to determine the associated risks of exposure on human and environmental health. In particular, several lines of evidence indicate that exposure to multi-walled carbon nanotubes (MWCNT) could pose a carcinogenic risk similar to asbestos fibers. However, to date the potential markers of MWCNT exposure are not yet explored in humans.

NJ Supreme Court Hears Argument on Employer's Duty to Household Contact

An employer's duty to a employee's household contact was the focus of an oral argument recently before the NJ Supreme Court. The NJ Supreme Court reviewed the question, that was certified by the US Third Circuit Court of Appeals, to define the duty and its scope. The household contact, the fiance, subsequently spouse, suffered beryllium related disease causally related to the employee's toxic exposure.

Passaic NJ distribution warehouse fined $112K for two dozen safety violations

OSHA cites Oaxaca Mexican Products for blocking fire exit, 20 other serious violations

Oaxaca Mexican Products, 100 8th St., Passaic, New Jersey was issued citations by the U.S. Department of Labor's Occupational Safety and Health Administration issued citations for one willful, 20 serious and three other-than-serious violations on May 3, 2016.

CMS Publishes Final Rule for MSP Conditional Payments Via Web Portal

This final rule, effective June 16, 2016,  specifies the process and timeline for expanding CMS' existing Medicare Secondary Payer (MSP) Web portal to conform to section 201 of the Medicare IVIG and Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act).

Some medicines are just not for sick people: Fluoroquinolone

Obtaining fast and effective medical treatment after suffering and occupational accident or injury is important. Receiving the improper medication can made outcomes a lot worse The FDA advises restricting fluoroquinolone antibiotic use for certain uncomplicated infections and warns about disabling side effects that can occur together.

Will the future of workers' compensation be ADR?

As mandatory arbitration continues to be adopted in place of litigation, it remains to be be seen whether mandatory arbitration will replace costly and time consuming litigated adversarial hearings in workers' compensation. During the last two decades employers and insurance companies have fashioned contracts to include Alternate Dispute Resolution (ADR) proceedings to reduce costs and awards.

Announcing the WorkersCompensation.com Best Blog Designees for 2016

WorkersCompensation.com, "the original and largest regulatory and compliance information center available for the workers' compensation industry," has announced the best blog designations for 2016:

"The blogs below were all nominated by citizens of the workers' compensation community. They were judged on several criteria. In addition to objective categories such as age of blog, frequency of posting and website traffic**, they were also assessed by an independent judging panel for content quality, value and timeliness. Designated blog category was determined by people nominating the blog. In the event of multiple nominations, the category selected by the majority of nominators was used.

Elizabeth NJ contractor again exposes workers to dangerous risk of falls

OSHA finds at downtown Jersey City build site
Cajamarca Construction Corp. fined $51K after 8th failed inspection since 2009

Employer name: - Cajamarca Construction Corp., 36 Prospect Street, Apt. 2F, Elizabeth, New Jersey

Inspection site: Residential construction project at 259 Halladay St., Jersey City, New Jersey

Citations issued: The U.S. Department of Labor's Occupational Safety and Health Administration issued one willful, two repeat, and one serious citations on April 28, 2016.

Inspection findings: An OSHA compliance officer opened an inspection after driving by the site and seeing employees of the siding and roofing company exposed to 28-foot falls without fall protection as they did roof work.

US Workers Continue to be Exposed to Asbestos

Asbestos Insulation

Asbestos is not banned in the US and continues to be a cause of deadly disease to workers. Asbestos, a deadly substance that causes a range of fatal diseases from asbestosis to malignancies including lung cancer and mesothelioma. Today the Detroit Free Press enlightens its readers to the asbestos problems that Michigan workers face daily. Those problems continued to be mirrored in all the states and is a national issue.

Privacy: Court Mandates Protective Order for Workers' Compensation Discovery

Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.

Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.

Fatal Occupational Injuries - 2014

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22 million U.S. workers are exposed to hazardous occupational noise

The Centers for Disease Control and Prevention (CDC) released new data regarding injuries, deaths, and illness faced by millions every year in the workplace. This week’s Morbidity and Mortality Weekly Report (MMWR) issue is devoted to occupational health concerns, in acknowledgment of Workers Memorial Day (April 28th).

Illegal and Excessive PACER Fees Subject of Class Action

Alliance for Justice, along with the National Veterans Legal Services Program and the National Consumer Law Center, has today filed a class action lawsuit in federal court accusing the Administrative Office of the U.S. Courts of illegally charging excessive fees to access court records through its online Public Access to Court Electronic Records system (PACER).

Florida Appeallate Court Rules Attorney Fee Statute Unconstitutional

The Florida First District Court of Appeals has held counsel fee provisions in the Workers' Compensation Act to be unconstitutional, ,"We hold that the challenged provisions violate Claimant’s First Amendment guarantees of free speech, freedom of association, and right to petition for redress." Miles v City of Edgewater, Decided April 20, 2016, setting the stage for review by the Florida Supreme Court.

Today's guest post is authored by the Hon. David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings and is shared from http://flojcc.blogspot.com. 

$1 Billion Settlement Affirmed - NFL Retired Players Concussion Class Action

"It is the nature of a settlement that some will be dissatisfied with the ultimate result. Our case is no different, and we do not doubt that objectors are well-intentioned in making thoughtful arguments against certification of the class and approval of this settlement. They aim to ensure that the claims of retired players are not given up in exchange for anything less than a generous settlement agreement negotiated by very able representatives. But they risk making the perfect the enemy of the good. This settlement will provide nearly $1 billion in value to the class of retired players. It is a testament to the players, researchers, and advocates who have worked to expose the true human costs of a sport so many love. Though not perfect, it is fair."

Creating a Competitive Economy: The Verizon Strike

President Barack ObamaPhoto credit: Wikipedia

On Friday President Obama issued an Executive Order to increase competition in the markets including healthcare and broadband. Most obviously directed to the issues raised by the Verizon strike over low wages, monopolistic activity, stifling technological

The Security of Metadata in Workers' Compensation Claims

Metadata Ethics Opinions Around the U.S.
Source: aba.org

Confidentiality is a crucial element in workers' compensation matters and the removal of metadata in electronically transmitted documents are a critical factor in the process of maintaining the level of security embraced by the system. Metadata is all hidden data in a PDF file, including text, metadata, annotations, form fields, attachments, and bookmarks.

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National Asbestos Awareness Week - US Surgeon General

U.S. Surgeon General Dr. Vivek H. Murthy on National Asbestos Awareness Week 

Dr. Vivek Murthy
US Surgeon General

National Asbestos Awareness Week is April 1-7 – a good time to remind Americans about the health dangers of asbestos exposure. Asbestos, a natural mineral fiber that is found in rock and soil, was widely used as insulation and fireproofing material in homes, commercial buildings, ships and other products, such as paints and car brakes. In recent years, asbestos use has decreased dramatically after it was linked to illnesses, including lung cancer, mesothelioma, and asbestosis.

The Difficult Task of the Florida Supreme Court

The Florida Supreme has before it a constitutional challenge once again concerning workers’ compensation. The scope of the controversy remains undefined and the ultimate impact equally uncertain. I have found over the years that one cannot predict the outcome of a case by merely watching an oral argument.

NJ: The Lead Paint Poisoning Crisis Continues

Lead Paint
(Photo credit: Wikipedia)

Lead paint for decades has been a problem in New Jersey decaying housing for decades. The consequences have been the lead poisoning of children. Children are particularly vulnerable to the health hazard that results in neurological disorders. Recent attention is again focussed on the issue. Today's post is shared from northjersey.com.

"The state will nearly double its spending to $22 million on lead safety programs for children this year, Governor Christie said Tuesday, amid sustained calls for attention and money to an issue that has for years been largely hidden from public view.

FL Supreme Court: Watch Oral Argument on Constitutionality of Workers' Compensation

Wednesday, April 6, 2016 Daniel Stahl v Hialeah Hospital, et al., SC15-725 statewide – Video now available of the oral argument

Mr. Stahl, a nurse who was injured while working at Hialeah Hospital, filed a claim for benefits under Florida’s workers’ compensation law but was denied the benefits he believed were appropriate. He challenged the constitutionality of the law, pointing to its failure to provide benefits for workers who are permanently and partially disabled from on-the-job injuries. The First District Court of Appeal upheld the constitutionality of the workers’ comp law and this appeal followed.

Consequences of Increasing the Minimum Wage

The national wave toward raising the statutory minimum wage to $15.00/hour is going to have major consequences for the ailing national network of workers' compensation programs. Not only is it going to increase benefits for injured workers that are calculated on wages, but it is also going increase much needed premium dollars for insurance companies whose premiums are based on payroll costs.

Asbestos Related Deaths in NJ Continue at Record Rates

Source: EWG Fund
asbestosnation.org/

Asbestos related disease, including mesothelioma, continues in New Jersey at epidemic proportions according to an article authored by Environmental Working Group that reviews data of the CDC-WONDER database.

Read more about "mesothelioma" and workers' compensation:

Workers' Compensation: New staging of mesothelioma tumors may ... Feb 9, 2016 ... A recent study indicates that a new physician staging processes by weight and volume of mesothelioma tumors may be helpful in predicting ... workers-compensation.blogspot.com

Workers' Compensation: Pleural mesothelioma reported in a school ... 6 days ago ... Fibro Clay, and its causal relationship to mesothelioma, has been ... Malignantmesothelioma cases among primary school teachers are usually ... workers-compensation.blogspot.com

Asbestos Cement Factories Pose High Risk Mesothelioma Jul 20, 2012 ... An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has ... workers-compensation.blogspot.com

Workers' Compensation: Mesothelioma Rates Continue to be High Jun 29, 2012 ... Mesothelioma is a rare but highly fatal cancer of the thin membranes surrounding the chest cavity or abdominal cavity. The only ... workers-compensation.blogspot.com

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• Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain (workers-compensation.blogspot.com)
• CDC Laboratory Safety Errors: The Dawn of the Planet of the Apes (workers-compensation.blogspot.com)
• CDC Alert to U.S. Hospitals and Long-Term Care Facilities: Patients at Risk of Listeriosis from Certain Blue Bell Brand Ice Cream Products (workers-compensation.blogspot.com)
• US officials expected to announce Ebola screening at airports (workers-compensation.blogspot.com)

Is Social Insurance in Our Nation's Future?

The changing economy presents both new concepts and new challenges. Over 60% of today's

children will be employed in jobs that don't even exist now. An interesting article explores whether social insurance, of which workers' compensation is a part, will even exist the future.

NJ Supreme Court to Review An Increase of Partial Disability Award in Total Disability Claim

One of the basic tenants of workers' compensation is that awards maybe reviewed and modified where the medical status has changed.1 The NJ Supreme Court on March 14, 2016 granted Certification to review a favorable Appellate Court ruling that permitted a totally and permanently disabled injured worker to receive an increase of a prior (2006 injury) partial disability award, even though the worker had been declared to be totally and permanently disability from a subsequent (2008 injury) injury.

OSHA Settles with Anheuser-Busch of New Jersey - Warehouse Violations

US Labor Department settlement: Anheuser-Busch of New Jersey agreesto enhance safety for workers at its Jersey City, Bronx distributorships

Background: The U.S. Department of Labor’s Occupational Safety and Health Administration cited the company in December 2014 for numerous safety violations at its Jersey City distribution warehouse. Hazards included untrained forklift operators, obstructed exit routes, damaged storage racks and inadequate chemical hazard communication training. The company contested its citations on Dec. 23, 2015.

Resolution: The department and Anheuser-Busch Sales of New Jersey have reached a settlement in which the company will implement and maintain enhanced safety measures for employees at its distributorships in Jersey City at 101 Linden Avenue E and in Bronx, New York at 550 Food Center Drive.

These enhancements require Anheuser-Busch to:
Conduct comprehensive safety and health self-audits focusing on hazards involving powered industrial trucks, safety and training, material handling, hazard communication and means of egress.
Establish safety and health committees made up of management, employees, unions and individuals responsible for safety at the distributorships.
Make management responsible for implementing the committees’ recommended changes.
Make the committees’ findings, recommendations and analyses available to OSHA upon request.
Ensure the adequate training of all leased, temporary and/or subcontractors’ employees.
Consent to interim monitoring inspections by OSHA.

As part of the settlement, Anheuser-Busch has already corrected the cited hazards at its Jersey City location and paid a fine of $150,000. The settlement can be viewed here*.

Quotes: “This settlement commits Anheuser-Busch to making safety a priority for workers at its New Jersey and New York distributorships,” said Robert Kulick, OSHA’s regional administrator in New York. “Successfully implemented, this agreement will result in safer working conditions for numerous workers at multiple company locations.”

“Proactively addressing conditions at more than the cited location makes sense and pays dividends for workers and employers alike. This course of action can reduce hazards and injuries and increase a company’s productivity,” said Jeffrey Rogoff, regional solicitor for the department in New York.

The original investigation was conducted by OSHA’s Parsippany Area Office. The department’s regional Office of the Solicitor in New York negotiated the settlement for OSHA.

Date of action: Jan. 11, 2016
Type of action: Stipulated Settlement

Names of defendants: Anheuser-Busch Sales of New Jersey LLC, a wholly owned subsidiary of Anheuser-Busch Inbev SA/NV.

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New safety warnings also added to all prescription opioid medications

FDA
(Photo credit: Wikipedia)

FDA announces enhanced warnings for immediate-release opioid pain medications related to risks of misuse, abuse, addiction, overdose and death. New safety warnings also added to all prescription opioid medications to inform prescribers and patients of additional risks related to opioid use.

Vehicle Safety: Automatic Braking Standard to be Adopted by 20 Auto Manfacturers

Transportation injuries contribute to a large percentage of work related accidents. Thank maybe changing soon. The U.S. Department of Transportation's National Highway Traffic Safety Administration and the Insurance Institute for Highway Safety announced today a historic commitment by 20 automakers representing more than 99 percent of the U.S. auto market to make automatic emergency braking a standard feature on virtually all new cars no later than NHTSA's 2022 reporting year, which begins Sept. 1, 2022.

Pleural mesothelioma reported in a school teacher: asbestos exposure due to DAS paste

The hazardous legacy exposures of school children and art teachers to  materials containing asbestos fiber, ie. Fibro Clay, and its causal relationship to mesothelioma, has been reported in a recent medical journal. Today's post is partially shared from ncbi.nlm.nih.gov/pubmed

BACKGROUND:

Malignant mesothelioma cases among primary school teachers are usually linked with asbestos exposure due to the mineral contained in the building structure. Among the approximately 12,000 cases of mesothelioma described in the fourth report of the National Mesothelioma Register, 11 cases of primary school teachers are reported, in spite of the fact that the "catalogue of asbestos use" does not describe circumstances of asbestos exposure other than or different to that due to asbestos contained in the buildings. Four cases in the Brescia Provincial Mesothelioma Register are identified as teachers, without this circumstance of exposure.

Silca: New US DOL Rule to Protect Workers

The U.S. Department of Labor's Occupational Safety and Health Administration today announced a final rule to improve protections for workers exposed to respirable silica dust. The rule will curb lung cancer, silicosis, chronic obstructive pulmonary disease and kidney disease in America's workers by limiting their exposure to respirable crystalline silica.

US Supreme Court Reviews In The Course of Employment Issue

The US Supreme Court ruling in a recent wage and hour case solidified the principle that the time spent by workers to put on and remove safety equipment should be consider time "on the clock" and in the course of employment. This concept reaffirms basic workers' compensation case law that such activities are within the course of employment. The Supreme Court affirmed the lower court verdict awarding damages to the workers of $5.8 Million dollars for overtime wages.

Opting Out Creates Savings Reports Stanford Study

Today's post is shared from ssrn.com

The “grand bargain” of workers’ compensation, whereby workers relinquished the right to sue their employers in exchange for no-fault occupational injury insurance, was one of the great tort reforms of the Twentieth Century. However, there is one U.S. state that has always permitted employers to decline workers’ compensation coverage, and in which many firms (“nonsubscribers”) have chosen to do so: Texas. 

Expectations Must Adapt to Change

In the "old days" the US workers' compensation system,  meet or "exceeded exceptions." Looking backward we recognize an aggressive and dedicated work ethic, that the government, private industry and labor," managed to embrace into a "Grand Bargain" called Workers' Compensation. 

Times have changed. In the past the corporate and executive workplace was a formal "tie and jacket" environment. Seasoned member always gripe how things have changed for the worse and long for a return to the comforting and familiar "good old times." 

Water is Work - World Water Day March 22, 2016

Today's post is shared from .unwater.org and from cdc.gov Water is critical to work, health and safety.

World Water Day 2016, sponsored by the United Nations, is focused on water and jobs. Approximately half of workers around the world (1.5 billion persons) have jobs in water-related industries. Many industries rely on water to perform jobs, such as fishing, agriculture, manufacturing, and food service. Societies and economies depend on the men and women who work to keep the world’s drinking water safe.

OSHA: 50% of Employers Not Reporting Serious Injuries

Some employers are not reporting severe work-related injuries according to the US Occupational Safety and Health Administration (OSHA). Over 50% or more are not being reported. 

Garlock reaches $480 Million settlement on asbestos claims

Garlock plans to emerge from bankruptcy and establish a trust in the amount of $480 Million to pay asbestos claimants and their families. Garlock a member of the EnPro Industries consortium had made asbestos gaskets.Asbestos is a known carcinogen and causally connected with lung cancer, mesothelioma and other malignancies as well as asbestosis.

NJ Judge Orders Psychotherapy Sessions In Conjunction With Pain Management

A NJ Workers' Compensation Judge Ordered the continuation of medical services to an injured worker who has been struggling for years because of chronic knee pain depression and anxiety despite the objection of the employer who sought to terminate care. The Judge Philip A. Tornetta, Administrative Supervisory  Judge of Compensation, adopted an innovative approach  in attempt to reduce or eliminated prescribed drugs including, "Oxycontin for her knee  pain, Lexapro for depression and Xanax, which helps her sleep."

NJ Company Fined $52,000 by OSHA for Unprotected Trench

Employer name: D.S. Meyer Enterprises LLC, 34 Maple Ave. Waldwick, New Jersey

Site: 45 Waterview Blvd., Parsippany, New Jersey

Citations issued: On Feb. 29, 2016, the U.S. Department of Labor Occupational Safety and Health Administration's Parsippany Area Office issued citations for five serious and one willful violation.

Daylight Savings: Suggestions to help workers adapt to the time change

Today's post is shared from cdc.gov/niosh:

Spring forward Fall back.

We all know the saying to help us remember to adjust our clocks for the daylight savings time changes (this Sunday in case you are wondering). But, what can we do to help workers adjust to the effects of the time change?  A few studies have examined these issues but many questions remain on this topic including the best strategies to cope with the time changes.

The National Association of Workers’ Compensation Judiciary March 2016 Newsletter

I strongly urge you to read The National Association of Workers’ Compensation Judiciary March 2016 Newsletter for cutting edge information concerning national workers' compensation issues.