An employer is required to provide medical care, including surgery and followup care, to an employee even if the employee leaves the state within two days of an initial surgical intervention. Chubb Insurance was ordered to pay for medical care, including subsequent surgery, when an employee was required to leave the state for a family emergency.
The court held that the failure of the employer/insurance carrier to provide medical care for out-of-state treatment, even though requested by the employee, was deemed a refusal of the employer to provide adequate medical care to cure and relieve the worker of the work related injury. The employer/insurance company was ordered to pay for out-of-state medical care.
Ham v. Anchor Glass Container Corporation, Docket No. A-1797-09T3, Decided January 20, 2011 Not Reported in A.3d, 2011 WL 166206 (N.J.Super.A.D.)
Saturday, January 22, 2011
Friday, January 21, 2011
Workers Compensation Blog Marks Over 100,000 Views
As the United States approaches its Workers' Compensation Act centennial celebrations, and history looks back upon the catalytic events, ie. the tragic Triangle Shirtwaist factory fire, that generated the model acts of 1911, it is hoped that experiments such as this blog will inspiring a new focus on critical issues such as workplace safety, the environment and international commerce that will embrace the system for the next 100 years.
Thursday, January 20, 2011
Federal Push to Cap Workers' Compensation Based on Age
Sen. Susan M. Collins (R-Maine) has asked for an investigation by the Government Accounting Office to determine if too many Federal employees of retirement age are receiving workers' compensation benefits.
She stated, ""I am increasingly concerned that individuals with no intention of returning to work continue to receive these benefits," said Senator Collins. "At the U.S. Postal Service, for example, 1,000 employees currently receiving federal workers' compensation benefits are 80 years or older. Incredibly, 132 of these individuals are 90 and older and there are three who are 98. This abuse may extend across the government where the Department of Labor regularly pays benefits to employees in their 70s, 80s, 90s, and even 100s. The lack of benefit caps and requirements for regular third-party certifications of continued need further expose the FECA program to possible fraud. If recipients are gaming this crucial benefit at taxpayers' expense, they must be exposed and the underlying program must be reformed.""
She stated, ""I am increasingly concerned that individuals with no intention of returning to work continue to receive these benefits," said Senator Collins. "At the U.S. Postal Service, for example, 1,000 employees currently receiving federal workers' compensation benefits are 80 years or older. Incredibly, 132 of these individuals are 90 and older and there are three who are 98. This abuse may extend across the government where the Department of Labor regularly pays benefits to employees in their 70s, 80s, 90s, and even 100s. The lack of benefit caps and requirements for regular third-party certifications of continued need further expose the FECA program to possible fraud. If recipients are gaming this crucial benefit at taxpayers' expense, they must be exposed and the underlying program must be reformed.""
Thursday, January 13, 2011
New Drug May Be Effective Against Mesothelioma
The scientists used three human MPM cell lines, Y-MESO-14, NCI-H290 and MSTO-211H. In vitro proliferation of human MPM cells was determined by MTT assay. Human MPM cells were orthotopically implanted into thoracic cavity of SCID mice. Tumor-bearing mice were treated with S-1 or vehicle.
"The combination of 5-FU and 5-chloro-2,4-dihydroxypyridine (CDHP) was more effective than 5-FU alone in inhibiting MPM cell proliferation in vitro. This combination was most effective in Y-MESO-14 cells, which co-expressed high protein level of dihydropyrimidine dehydrogenase (DPD) and thymidine phosphorylase (TP). In vivo data showed that treatment with S-1 significantly reduced thoracic tumors and pleural effusion produced by Y-MESO-14 cells. Moreover, treatment with S-1 prolonged the survival of Y-MESO-14 cell-bearing SCID mice."
They concluded, "We demonstrated that S-1 was effective for inhibiting the proliferation of MPM cells, particularly with both DPD and TP expressions, suggesting that S-1 might be therapeutically effective for control of MPM."
Wednesday, January 12, 2011
Workers Compensation Benefits Awarded for Breast Cancer
The Nevada Supreme Court has awarded workers' compensation benefits to a firefighter who alleged that her occupational exposure at work to toxic substances caused her breast cancer. The court held that there was substantial evidence that supported the finding that her exposure to known carcinogens was causally related to her breast cancer.
The injured worker was employed for the City of Las Vegas in 1992 and was diagnosed with breast cancer in 1997. She under whet treatment and lost 8 to 9 months of work. In 2004 she suffered a recurrence of the breast cancer and under when a double mastectomy and chemotherapy.
The Nevada statute defines what a "carcinogen" is based upon the definition of the International Agency for Research on Cancer [IARC] or the National Toxicology Program [NTP]. The former firefighter alleged that she was exposed to benzene, a know carcinogen. One of her expert witnesses, Dr. James Melius, testified that, "Several studies have found occupational exposure to benzene to be associated with breast cancer risk in both males and females."
Also her treating physician causally related her medical condition to her occupational exposure to carcinogens. He advised her to cease work as a firefighter.
City of Las Vegas v. Lawson, No. 53900, 126 Nev. Adv. Op. 52, 2010 WL 542282 (Nev. 2010) Decided December 30, 2010.
The injured worker was employed for the City of Las Vegas in 1992 and was diagnosed with breast cancer in 1997. She under whet treatment and lost 8 to 9 months of work. In 2004 she suffered a recurrence of the breast cancer and under when a double mastectomy and chemotherapy.
The Nevada statute defines what a "carcinogen" is based upon the definition of the International Agency for Research on Cancer [IARC] or the National Toxicology Program [NTP]. The former firefighter alleged that she was exposed to benzene, a know carcinogen. One of her expert witnesses, Dr. James Melius, testified that, "Several studies have found occupational exposure to benzene to be associated with breast cancer risk in both males and females."
Also her treating physician causally related her medical condition to her occupational exposure to carcinogens. He advised her to cease work as a firefighter.
City of Las Vegas v. Lawson, No. 53900, 126 Nev. Adv. Op. 52, 2010 WL 542282 (Nev. 2010) Decided December 30, 2010.
Too Old to Get Workers Compensation
Washington's Governor, Chris Gregorine has proposed legislation to retire older totally disabled workers from the state's workers' compensation system. About 8% of the state's totally disabled workers would have the option of receiving a lump sum benefit to opt out of the system of periodic benefits. The senior beneficiaries amount to 85% of the present systems' cost and amount to only 8% of the total beneficiaries.
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Thursday, January 6, 2011
EPA Urged to Shut Down Dangerous Asbestos Removal Method
The report supports what Public Justice has been arguing -- that the method both endangers public health and doesn't work.
The approved method requires all asbestos to be removed from a building by trained specialists wearing protective gear before it is demolished. Under the unapproved method, called the "Alternative Asbestos Control Method," or AACM, most of the asbestos-containing materials are left in place during demolition. Water with added surfactants is sprayed on the building to try to suppress asbestos release and contamination.
Read more about the EPA Asbestos Report:
- Fact summary of AACM by Public Justice's Jim Hecker
- EPA's Early Warning Report
- EPA's Health & Safety Reviews
- Teichman Memo
- AACM2 Photos
- AACM2 Report
- AACM2 Work
- AACM3 Report
.....
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 occupational accidents and illnesses.
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