The Toxic Legacy of Raybestos-Manhattan Continues

The epic toxic legacy of asbestos brake manufacturer, Raybestos-Manhattan Inc., a/k/a Manhattan Rubber and Raymark, continues as waste from its former plants plagues present communities. Raybestos had several production plants in the US including Connecticut, South Carolina and Passaic, New Jersey.

Asbestos, labeled the "miracle mineral," was a known carcinogen and linked to: asbestosis, lung cancer and mesothelioma, a rare and fatal cancer. The company with knowledge of that information, as revealed in the famous "Sumner Simpson papers," ignored the available science and continued to manufacturer asbestos products including: bowling balls, radiator hoses and brake linings, as well as other products.

While the Raybestos is no longer producing asbestos products, the plants sites continue to be a problem to the communities as a toxic legacy continues.

Read the article Citizen group pushing for new way to detoxify Raymark wastemctpost.com

"STRATFORD -- A network of residents concerned about toxic waste in town is pushing the EPA to study and determine whether a relatively new technology that neutralizes asbestos can be used to detoxify dump sites in the city....." read more 

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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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Temporary Holiday Workers Face Hazards of the Season

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

See Eve Tahmincioglu's article, Tough economy makes holiday jobs a gift for many (msnbc.msn.com)

"In 2008, Andrew Sullivan lost his job as a sales and customer service supervisor for a telecommunications company and decided to take a temporary seasonal gig as a driver for UPS because he couldn’t find work in his field....." read more

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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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Cell Phones Usage For Commercial Interstate Drivers to be Banned

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers' compensation claims by employees as well as liability lawsuits against employers directly.

Read the proposed Federal Rule: Final Rule: Drivers of CMVs: Restricting the Use of Cellular Phones

"FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones." read more...

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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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Changing the Fundamental Rules of Workers Compensation

The elimination of the principle of "no fault" from the workers' compensation system is the conclusion of study commission by Britain's Department of Work and Pensions. The report, to be released this week, is significant because the US system was modeled after the program adopted in Europe.

Read the article, "Workers 'should not be able to sue for accidents if it's their fault' (dailymail.co.uk)

"Employees would lose the right to sue when they are are injured at work because of their own mistakes, under new health and safety reforms."
"In a review published next week there are calls for a 'rebalancing' of safety laws and a dramatic reduction in the number of rules in the workplace......" read more
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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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Fallout From The Failure of Super Committee May Cascade Into Workers Compensation Medical Delivery

USA Today Poll

The failure the Congressional Super Committee to reach an agreement on debit reform may result in a major readjustment of the Medicare premium system. That change, will possibly be a merger of the two ends of the political spectrum and result in a Newt Gingrich type privatization of the funding of medical delivery. 


Similarly, and consistent with the Gingrich plan, the soaring medical costs of workers' compensation will need to be addressed. Lacking a more creative innovation from the workers' compensation arena, the changes may result in the peeling off of medical benefits from the workers' compensation menu and making it an a la carte item with deductibles as side dishes.

Read the article  Support Builds for a Plan to Rein In Medicare Costs by Robert Pear (nytimes.com)


"WASHINGTON — Though it reached no agreement, the special Congressional committee on deficit reduction built a case for major structural changes in Medicare that would limit the government’s open-ended financial commitment to the program, lawmakers and health policy experts say."

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Asbestos, Railroads and The US Supreme Court

For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. This month, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.


The initial claims for asbestos related diseases were filed as workers' compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed.


As a result of the long latency period from exposure to asbestos fiber to disease manifestation, the claims continue to be filed on behalf of former workers and their estates. While the exposures are usually multi-faceted, the issue regarding which law will cover railroad claims remains unresolved.


Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, No. 10-879.

US Supreme Court Opinion

SCOTUSblog Coverage

• Argument recap: Contending with old precedent
• Argument preview: Preemption under the Locomotive Inspection Act

Briefs and Documents

Merits Briefs for Petitioners

• Brief for Gloria Gail Kurns et al.
• Reply brief for Gloria Gail Kurns et al.

Amicus Briefs in Support of the Petitioners

• Brief for the Academy of Rail Labor Attorneys
• Brief for the American Association for Justice
• Brief for the National Association of Retired and Veteran Railway Employees
• Brief for Public Justice, P.C.
• Brief for Public Law Scholars
• Brief for the United States

Merits Briefs for the Respondents

• Brief for Railroad Friction Products Corp. and Viad Corp.

Amicus Briefs in Support of the Respondents

• Brief for Thyssenkrupp Budd Company 
• Brief for the National Association of Manufacturers 
• Brief for General Electric Corporation 
• Brief for John Crane Inc. 
• Brief for Chamber of Commerce
• Brief for the Washington Legal Foundation
• Brief for DRI-The Voice of the Defense Bar 
• Brief for Griffin Wheel Company 
• Brief for the Association of American Railroads

Certiorari-stage Documents

• Petition for certiorari
• Brief in opposition for Railroad Friction Products Corp. (unavailable)
• Response to petition for VIAD
• Supplemental brief for respondent VIAD
• Supplemental brief for respondent Railroad Friction Products Corp. 

The supplemental briefs in this case make reference to the Solicitor General's brief in Crane v. Atwell, which is available here.    

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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OSHA fines Paterson, NJ, company $126,000 for failing to guard machines and exposing workers to fall and electrical hazards

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Supply Plus NJ Inc. of Paterson, NJ,  with one willful, 25 serious and two other-than-serious safety violations in response to a complaint alleging imminent danger for failing to guard machines and exposing workers to fall and electrical hazards at the company's Paterson facility. Proposed penalties total $126,000.

A May inspection revealed one willful violation, with a $42,000 penalty, for failing to provide machine guarding. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

The serious violations, with $84,000 in penalties, include failing to keep work areas and passageways free of litter; provide guardrail protection, guard machines and electrical boxes; provide an eyewash station; provide personal protective equipment for workers handling chemicals; provide industrial truck and hazardous communication training; ensure exit routes were unobstructed and visibly marked; make sure exit doors could open properly; cover electrical panel boards supplying power for equipment and lighting; properly use flexible cords; implement a lockout/tagout program for energy sources to prevent machines from accidentally starting up during servicing and maintenance; perform workplace hazards assessment and develop a written hazardous communication program. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The other-than-serious violations, which carry no penalty, are due to record-keeping violations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death," said Lisa Levy, OSHA's area director in Hasbrouck Heights. "It's vital that Supply Plus correct these hazards to protect its workers."

The citations can be viewed at http://www.osha.gov/ooc/citations/SupplyPlusNJInc._314678012_and_314678376_1117_11.pdf*.

Supply Plus, a sponge processing company employing about 40 workers at its Paterson location, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Hasbrouck Heights office at 201-288-1700.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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