Oil Spill Workers Hazards May Cause Health Hazards The National Institute of Medicine held a hearing yesterday, continuing today, in New Orleans.

Heat, exposure to chemicals and changes caused by the disaster, yield a recipe for serious medical conditions, so reported a group of presenters at the National Institutes of Medicine conference in New Orleans. Those conditions include lung, kidney and liver function.

June 22, 2010

8:00 a.m. Registration
8:30 a.m. Welcome Harvey V. Fineberg, President, IOM
8:40 a.m. Charge to the IOM
Nicole Lurie, Assistant Secretary for Preparedness and Response, Department of Health and Human Services
8:50 a.m. Introductory Remarks
Planning Committee Chair: Nancy E. Adler, University of California, San Francisco
9:00 a.m. The Compelling Need to Understand the Effects of Oil Spills on Human Health

• Bernard D. Goldstein, University of Pittsburgh
• Blanca Laffon, University A Coruna
• Edward B. Overton, Louisiana State University

9:45 a.m. The Response of the Federal Government to Health ConcernsJohn Howard, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention
SESSION I. AT-RISK POPULATIONS AND ROUTES OF EXPOSURE

10:00 a.m. Panel Discussion. Taking Stock: Who Is at Risk and How Are They Exposed?
Moderator: Linda Rosenstock, University of California, Los Angeles

• Routes of Exposure and At-Risk Populations - Paul J. Lioy, Rutgers University
• Residents of Affected Regions: General and Special Populations - Maureen Y. Lichtveld, Tulane University
• Occupational Risks and Health Hazards: Workers and Volunteers - Scott Barnhart, University of Washington

SESSION II. SHORT- AND LONG-TERM EFFECTS ON HUMAN HEALTH

11:10 a.m. Panel Discussion. The Here and Now: What are the Short-term Effects on Human Health?
Moderator: Linda A. McCauley, Emory University

• Short-term Physical Effects - Nalini Sathiakumar, University of Alabama at Birmingham
• Short-term Psychological Stress - Howard Osofsky, Louisiana State University 
• Heat Stress and Fatigue - Thomas E. Bernard, University of South Florida

12:20 p.m. LUNCH (on your own)

1:30 p.m. Panel Discussion. The Need to Know: What Are the Potential Delayed and Long-term Effects on Human Health?
Moderator: Kenneth Olden, Hunter College of the City University of New York

• Neurological, Cancer, and Other Chronic Conditions - Peter Spencer, Oregon Health & Science University
• Human Reproduction - Brenda Eskenazi, University of California at Berkeley
• Impact on Health and Vulnerabilities of Children - Irwin Redlener, National Commission on Children and Disasters
• Stress - Sheldon Cohen, Carnegie Mellon University
• Lessons Learned from Previous Oil Spills - Lawrence A. Palinkas, University of Southern California

SESSION III. STRATEGIES FOR COMMUNICATING RISK
3:00 p.m. Engaging the Public, Protecting Health
Presenter: David Abramson, Columbia University
3:20 p.m. Dialogue with Workshop Participants
Moderator: Mike Magee, Healthy-Waters.org

• Brief Invited Remarks - Community Perspectives:
  - Myra Lewis
  - Diem Nyugen- Wilma Subra
  - John Hosey (invited) 
• Open Dialogue with Audience

4:20 p.m. Day 1 Closing Remarks
Nancy E. Adler, University of California, San Francisco
4:30 p.m. ADJOURN

June 23, 2010

8:30 a.m. Registration
9:00 a.m. Recap of Day 1 Discussions and Overview of Day 2Nancy E. Adler, University of California, San Francisco
9:10 a.m. Remarks from the Surgeon General of the United States Public Health ServiceVice Admiral Regina M. Benjamin
SESSION IV. OVERVIEW OF HEALTH MONITORING ACTIVITIES
9:20 a.m. Panel Discussion. How are State Governments Currently Monitoring the Effects of the Gulf of Mexico Oil Spill on Human Health?
Moderator:  LuAnn E. White, Tulane University

• Jimmy Guidry, Louisiana State Health Officer
• Mary Currier, Mississippi State Health Officer
• Ana M. Viamonte Ros, Florida State Surgeon General
• Donald E. Williamson, Alabama State Health Officer
• Bruce Clements, Director of the Community Preparedness Section, Texas Department of State Health  Services

SESSION V. RESEARCH METHODOLOGIES AND DATA SOURCES
10:30 a.m. Panel Discussion. Critical Thinking: What Research Methodologies and Data Sources Could Be Used in Surveillance and Monitoring Activities?
Moderator: John C. Bailar III, University of Chicago

• Overview of Research Methodologies and Data Collection - Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
• Surveillance and Monitoring - Thomas D. Matte, Hunter College, City University of New York
• Environmental Assessment, Risk, & Health - William H. Farland, Colorado State University
• Mental Health - Howard Osofsky, Louisiana State University
• Biomedical Informatics and Registries - Daniel R. Masys, Vanderbilt University School of Medicine

12:20 p.m. LUNCH (on your own)
SESSION VI. FUTURE DIRECTIONS AND RESOURCE NEEDS
1:30 p.m. Panel Discussion. Looking Ahead: How Do We Develop Effective Surveillance and Monitoring Systems?
Moderator: David A. Savitz, Mount Sinai School of Medicine

• Nancy E. Adler, University of California, San Francisco
• John C. Bailar III, University of Chicago
• Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
• Maureen Y. Lichtveld, Tulane University
• Linda A. McCauley, Emory University
• Kenneth Olden, Hunter College of the City University of New York
• Linda Rosenstock, University of California, Los Angeles

3:20 p.m. Closing RemarksNancy E. Adler, University of California, San Francisco
3:30 p.m. ADJOURN

Compensating Injured Oil Spill Workers-Making the Right Choices is Critical

Workers' Compensation is national in scope and benefits for injured and exposed oil spill workers should be no exception according to the President Obama's oil spill paymaster, Kenneth Feinberg. Feinberg remarked on national television today that he will interpret benefits based on local State law and that the existing limit of $20 Billion for the Fund may be inadequate to pay all claims.


Two specific scenarios apply in workers' compensation actions that will allow the oils spill compensation fund to make benefits. First is the US Supreme Court's interpretation that workers' compensation claims may be allocated among several jurisdictions. In other words, the three basic benefits: temporary, medical and permanent disability may be divided in accordance with three separate jurisdictions to provide the highest possible benefit to the injured worker. Industrial Commission of Wisconsin v. McCartin, 330 U.S. 622, 67 S.Ct. 886, 91 L.Ed. 1140 (1947), U.S.C.A. Const. art. IV, Sec. 1.

Secondly, the oil spill compensation fund will look to the law of the individual State that governs to determine validity. If the claim is valid in that jurisdiction then it will be allowed. Feinberg said, "One thing we learned from the 9/11 fund, you'll recall, Congress passed that law and said that when it comes to whether or not a financial injury was caused by the terrorist attack, look to the local law of the state where you leave." "So if a Boston restaurant says, 'We're losing business in our restaurant because we can't get shrimp from the Gulf,' let's take a look at Massachusetts law. Would Massachusetts law recognize that claim? If it would, I will. If it wouldn't, I won't. That's what Congress suggested and that might work here."


Workers employed and hired through national corporations may have multiple legal options available in choosing the right state law to apply. Those selections will need to be chosen wisely.


To read more about petroleum exposure and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Campaign for Centennial Workers Compensation Postage Stamp

A national campaign to petition the US Postal Service to issue a Workers' Compensation commemorative postage stamp. The stamp images above was issued in 1961 to commemorate the 50th anniversary of the national patchwork of systems comprising US workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Air Quality Hazards of the Gulf Oil Spill

This video highlights the serious and extensive potential health hazards of the gulf oil spill.

To read more about petroleum exposure and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

EC Publishes Criteria to Diagnose Occupational Illness

The European Commission has published a listing of the criteria for diagnosis occupational disease. The 272 page report is available on-line. It reviews hundreds of established occupational medical conditions.

a) The clinical features must fit in with what is known about the health effects following  exposure to the specified agent. The symptoms and signs should fit, and this may be supported in some cases by suitable diagnostic tests.

b) There must be indication of sufficient occupational exposure. Evidence on exposure may be obtained through taking the occupational history, results of occupational hygiene measurements taken at the workplace, biological monitoring results, and/or records of incidents of over-exposure.

c) The time interval between exposure and effect must be consistent with what is known about the natural history and progress of the disease. Exposure must precede health effects. However, in some conditions such as occupational asthma, a past history of childhood asthma and/or asthmatic attacks occurring before occupational exposure, does notautomatically rule out the possibility of a workplace agent causing subsequent asthmatic attacks.

d) The differential diagnosis must be considered. There are non-occupational conditions that have similar clinical features as occupational diseases, and a physician will have to take this into account before diagnosing or excluding an occupational disease.


To read more about occupational exposures and workers' compensation.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Workers Compensation Makes the Top 50 Blog List

Workers' Compensation blog has been named one of the "50 Best Blogs by Lawyers." It has been noted as , "A great blog about the latest trends in workers' compensation law."

The site provides an analysis of trends and developments in Workers' Compensation Law throughout the United States.

NJ Judge Dismisses Claim of Oil Spill Worker

A New Jersey Workers' Compensation Judge has dismissed the claim of a maintenance worker who was employed by The Port Authority of NY & NJ (Port Authority) to clean up oil spills. The longterm employee, testified that for 7 years during his employment, he was assigned to Newark Airport as part of en emergency response team to clean up "jet fuel spills, aircraft hydraulic leaks, emergency landings and car accidents." The employee claimed that his exposure to petroleum products occurred also as a buildings and grounds attendant at Port Newark and Lincoln Tunnel while performing spill cleanup work for the Port Authority. The worker testified to benzene exposure  as well as asbestos fiber.


Despite the fact that the employee, a non-smoker, testified that he experienced headaches, a sore throat, was tired and suffered from dry mouth, the Judge did not hold the case compensable. The worker explained to the Court that he operated a mechanical sweeper that scrubbed the soiled surfaces with a product known as "Speedy Dry" as part of the spill clean up procedure.


The Court rejected the workers' medical expert who had found him 40% disabled on a pulmonary basis for chronic bronchitis, obstructive lung disease and restrictive pulmonary disease with pleural scarring. The Court relied upon the respondent's medical expert who found that the worker  was 3% disabled for pulmonary disability unrelated to the occupational exposure that the defense expert diagnosed as  a cough and sinus condition, and "mild bronchitis." In its analysis the Court indicated that no scientific literature was presented attributing causal relationship of the exposure to an occupational condition. 


The decision was silent as to any allegation or need for medical monitoring.


Melo v. The Port Authority on NY & NJ., CP No. : 2006-25707 (Decided May 19, 2010).   


To read more about petroleum exposure and workers' compensation.