Lead Exposure For Adults Continues as a Major Problem

The US CDC has reported that overexposure to inorganic lead remains a critical health problem.  Lead can cause acute and chronic adverse effects in multiple organ systems, ranging from subclinical changes in function to symptomatic, life-threatening intoxication." 

"Industry subsectors with the highest numbers of lead-exposed workers were manufacturing of storage batteries, mining of lead and zinc ores, and painting and paper hanging. The most common nonoccupational exposures were shooting firearms; remodeling, renovating, or painting; retained bullets (gunshot wounds); and eating food containing lead."

Pennsylvania, Missouri and New Mexico had the highest rates of exposure.

Latex Sensitive RN Terminated from Benefits

A latex sensitive registered nurse was terminated from workers' compensation benefits for failing to "stay attached" to the labor market. While she was awarded benefits at $400 per weeks, her attorneys were unable to offer testimony indicating that was searching for unemployment or sough retraining.

St. John's Hospital, 2009WL 1009621 (N.Y. Workers' Compensation Board 2009) Decided April 6, 2009

Court Holds Traumatic Claims Subject to Apportionment

The NJ Appellate Division ruled that apportionment of responsibility was required in a traumatic claim. They rationalized that in a traumatic, claim where various employments contributed in a material degree to the ultimate disability, apportionment was mandated.

The Court reasoned that traumatic claims did not involve the existence of a disease that was undisclosed and unknown over a long period of time and a retrospective analysis could establish a "triggering date" to fix an onset date.

Matters requiring implementation of the doctrine of last injurious rule involved claims where there was "an insidious etiology" and manifestation occurred over a protracted period of time.

PETER T. NOLAN - v. KLEINKNECHT ELECTRIC CO., INC. Decided April 17, 2009 Unpublished 2009 WL 1011174 (NJ App. Div 2009)

Canadian Government Report Reveals Strong Link Between Lung Cancer and Chrysotile Asbestos Mined in Canada

For more than a year a Canadian news agency, CanWest, sought to have released to the public a report that concludes that "a strong relationship" exists between lung cancer and asbestos mined in Canada. 

Asbestos production is not yet banned in Canada. "....Canada remains one of the world's largest exporters of chrysotile asbestos; last year, more than $100 million worth of chrysotile asbestos was exported to developing countries, mainly India, Indonesia and Thailand."

Texas State Senate Passes Bill Establishing Causation Proof in Mesothelioma Claims

The Texas State Senate has passed legislation that will ease the proof in mesothelioma claims.

The bill establishes a standard requiring that a claimant prove that a defendant's product or conduct was a substantial factor in causing an injury and that the exposed person's cumulative exposure to asbestos fibers was the cause of person's mesothelioma.  

Sec.  90.013.  STANDARD OF CAUSATION FOR CLAIMS INVOLVING MALIGNANT MESOTHELIOMA.  (a)  Requires a claimant, to recover damages for malignant mesothelioma allegedly caused by exposure to asbestos or asbestos containing products, to prove, among other elements of the claim, that a defendant's product or conduct was a substantial factor in causing the claimant's injury.

(b)   Provides that a defendant's product or conduct was a substantial factor in causing the exposed claimant's injury if the claimant presents qualitative proof that the asbestos exposure attributed to the defendant was substantial, and not merely de minimis, when considering the frequency of exposure, the regularity of exposure, and the proximity of the exposed person to the source of the asbestos fibers.

(c)  Requires a defendant who seeks a determination of the percentage of responsibility of another person under Section 33.003(a) (relating to determination of percentage of responsibility of certain persons), to present qualitative proof in the same manner as is required of a claimant under Subsection (b).

 (d)  Provides that neither a claimant nor a defendant seeking a determination under Section 33.003(a) are required to prove numerically the dose, approximate or otherwise, of asbestos fibers to which the claimant was exposed that are attributable to the defendant or another person under Section 33.003(a).

 (e)  Provides that nothing in this section modifies the general legal requirements for the admissibility of expert testimony with respect to the issue of causation.

Major Players The Rush to Sell More Coverage

A group of the big three workers' compensation carriers (Travelers, Zurich & CNA) is now rushing to sell discounted workers' compensation coverage in Louisiana. 

“Right now it’s a profitable bit of business, so companies are getting aggressive,” said Jeff Nohr, owner of a Louisiana insurance agency.

CMS Is Requesting for Comments on Mandatory Reporting

As the deadline for implementation nears, The Centers for Medicare & Medicaid Services (CMS) has made a request for more comments on the implementation of mandatory reporting under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (See 42 U.S.C. 1395y(b)(7)&(b)(8)).