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Showing posts sorted by relevance for query 911. Sort by date Show all posts
Showing posts sorted by relevance for query 911. Sort by date Show all posts

Sunday, March 28, 2010

Putting a Value on Occupational Cancer Claims

Giving the sick the benefit of the doubt was the mantra the US District Court Judge charged with overseeing the settlement of 911 of the claims of the first responders. The Judge rejected the settlement of $575 several days ago as being inadequate.

The original settlement was crafted by the parties to cover the nearly 10,000 parties to the lawsuit. The Judge recognizes the difficulties in proving cancer claims and the unpredictability of the disease. The original cap offered was $100,000. The Judge said that was inadequate and suggested to the parties to find some method of increasing the benefits.

The 911 first responders were exposed to asbestos and petroleum products that could result in many types of future malignancies, including, lung cancer, mesothelioma and leukemia.

Click here to read more 911 claims.

Saturday, March 20, 2010

Judge Rejects 911 Settlement -- $595 Million Not Enough

A US District Court Judge rejected the proposed settlement for $595 Million, for 911 first ill responders, declared it to be "not enough."

The Judge in reviewing the proposal said, "In my judgment, this settlement is not enough." Judge Alvin Hellerstein remarked, "I have the power of review, and I don't think it is fair."

A proposal was presented by the WTC Captive Insurance Company that manages the $1 Billion fund established by Congress to pay injured workers. 

The Court ordered more settlement discussions in an effort to seek a fair resolution of the litigation. 

Sunday, August 10, 2008

Governor Patterson Signs Legislation Extending Benefits for 911 Workers

New York State workers’ compensation benefits have been expanded for 911 workers as a result legislation signed Governor Patterson. Under the prior law the registration period would have closed in August 208. The date has been extended to September 10, 2010.

The definitions in this bill expand the scope of a "qualifying WTC condition" under the Accidental Diability Law to include:

(1) members who did not undergo apre-employment physical examination, but who provide access to medical records which demonstrate the absence of a qualifying condition priorto September 11, 2001;

(2) 911 dispatchers who worked on September 11, 2001 and suffered psychological injury;

(3) members who worked for any period of time within the first 48 hours after the first airplane hit the WTC; and

(4) members who repaired, cleaned or rehabilitated vehicles or equipment, including emergency vehicle radio equipment owned by New York City ("NYC") that was contaminated by debris from the WTC site.

Sections 18, 19 and 20 of the bill amend Workers` Compensation Law("WCL") SS 162, 164 and 168 to allow claimants to file a sworn statement indicating the dates and locations of their participation inthe rescue, recovery and clean-up operations until September 10, 2010,with the date of disablement being determined as the date mostbeneficial to the claimant. Claims for disablements occurring between September 1, 2003 and September 11, 2008 will not be time barred. The time period was to have expired on August 14, 2008.

“We have a profound responsibility to provide those who participated in the rescue, recovery and clean-up efforts in the aftermath of the terrorist attack on September 11, 2001 with the benefits they deserve,” said Governor Paterson. “It is imperative that we continue to provide those workers who face health consequences from their work at Ground Zero with the very best care and the opportunity to apply for disability benefits.”

“We also have a responsibility to better protect patients in New York. Strengthening the disciplinary system for physicians and giving the public more information, combined with enhancing infection control measures, is vital to the safety of all of our citizens,” added Paterson.

Thursday, February 11, 2010

New 911 Photos Dramatically Illustrate Toxic Cloud

The horrific tragedy of the attack on the World Trade Center on 911 and the toxic cloud of fumes and dust are vividly portrayed in newly released photos. The massive extend of the spread of toxic substances has given rise to resultant disease and illness to emergency first responders and residents of lower Manhattan.

ABC secured the release of the photos by a Freedom of Information Act Request to the New York Police Department (NYPD). The photos were taken  from an NYPD helicopter immediately following the attack when two large jet liners, loaded with fuel and passenger, were seized by terrorists and crashed into the buildings.

The fight to secure adequate medical care for medical conditions flowing from the exposures has been very problematic. While several local agencies have attempted to provide medical care, the lack of funds and a unified program has left many without appropriate medical care.

Click here to read more about 911 and medical care programs.

Sunday, January 23, 2011

Benefits Available Under the Zadroga 9/11 Victim Compensation Fund

On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

The President remarked, "I was honored to sign the James Zadroga 9/11 Health and Compensation Act to ensure that rescue and recovery workers, residents, students, and others suffering from health consequences related to the World Trade Center disaster have access to the medical monitoring and treatment they need. We will never forget the selfless courage demonstrated by the firefighters, police officers, and first responders who risked their lives to save others. I believe this is a critical step for those who continue to bear the physical scars of those attacks."

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Eligibility for benefits under the James Zadroga 9/11 Health and Compensation Act include those who were World Trade Center victims and First Responders. Under the law those who worked, attended school, childcare and adult day care, may be eligible. The program also covers some who were present in the area of the dust cloud or who lived in the the New York City disaster area. Certain cleanup and maintenance workers are included including tele-communications workers such as Verizon, AT&T and other employees.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply for benefits. 

It is probable that cancers resulting from the exposures will be covered under the legislation. Historically, occupational and environmental exposures to carcinogens, such as asbestos, may take many years to progress and manifest into conditions as asbestosis, mesothelioma and lung cancer.

Additionally, various respiratory and digestive diseases are being reported including:
1. Interstitial lung diseases.
2. Chronic respiratory disorder--fumes/vapors.
3. Asthma.
4. Reactive airways dysfunction syndrome (RADS).
5. WTC-exacerbated chronic obstructive pulmonary disease (COPD).
6. Chronic cough syndrome.
7. Upper airway hyperreactivity.
8. Chronic rhinosinusitis.
9. Chronic nasopharyngitis.
10. Chronic laryngitis.
11. Gastroesophageal reflux disorder (GERD).

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900 have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Monday, December 3, 2012

Hazards exist in the surface refinishing business

University of Iowa, College of Public health, recently reported the death of a bathtub refinishingt technician who died from the inhalation of paint stripper vapors.

In 2012, a 37-year-old female technician employed by a surface-refinishing business died from inhalation exposure to methylene chloride and methanol vapors while she used a chemical stripper to prep the surface of a bathtub for refinishing. The technician was working alone without respiratory protection or ventilation controls in a small bathroom of a rental apartment. When the technician did not pick up her children at the end of the day, her parents contacted her employer, who then called the apartment complex manager after determining the victim’s personal vehicle was still at the refinishing company’s parking lot.

The apartment complex manager went to the apartment unit where the employee had been working and called 911 upon finding the employee unresponsive, slumped over the bathtub. City Fire Department responders arrived within 4 minutes  of the 911 call. The apartment manager and first responders reported a strong chemical odor in the  second story apartment. There was an uncapped gallon can of Klean Strip Aircraft® Low Odor Paint  Remover (80-90% methylene chloride, 5-10% methanol) in the bathroom. The employee’s tools and knee pad were found in the tub, suggesting the employee had been kneeling and leaning over the tub wall to manually remove the loosened original bathtub finish coat.

The factors contributing to this lethal exposure include use of a highly concentrated methylene chloride chemical stripper having poor warning properties (“Low Odor”); working in a small room without local exhaust ventilation to remove chemical vapors or provide fresh air; and working without a respirator that could have protected the employee from exposure.

Read More about "occupational exposure"

Nov 23, 2012
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 .
Nov 26, 2012
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 .
May 24, 2012
While focus has been on environmental concerns with the advent of fracking, a process to release oil and gas, a new concern has emerged over the potential occupational exposure to silica by workers who are involved in the ...
May 29, 2010
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...

Monday, January 8, 2024

Not A Violation of Public Policy

In rejecting an employee’s attempt to go forward with a lawsuit directly against an employer, the NJ Appellate Division ruled, in an unreported case*, that an employee, in a novel argument,  may assert the “violation of public policy” as an allegation.

Friday, April 17, 2020

Back to Work Needs Congressional Support

As employee and employers look to their state governor’s for direction upon return to work, an undiscussed issue remains, the responsibility for work-related occupational exposures. While this is new territory, one might look toward other potential mass exposure scenarios in the US history for guidance.

Sunday, October 14, 2007

Workers' Compensation, "'The Dead Elephant' in the Room"

Joining a loud and vocal majority, Peter Rousmanie, a writer for the periodical, Risk and Insurance, has authored a series of 4 articles on the failing workers’ compensation system.

In a series initially focusing on the World Trade Disaster he has shifted his focus in the first two articles from merely the 911 tragedy to the entire system calling workers’ compensation, “”The Dead Elephant’ In the Room.”

World Trade Center In-Depth Series (Part 1): Up in Smoke

World Trade Center In-Depth Series (Part 2): The Disease Within

World Trade Center In-Depth Series (Part 3): Peeling a Sour Apple

Sunday, February 5, 2017

FDA Warns of Allergic Reaction to Hand Sanitizers

FDA is warning that rare but serious allergic reactions have been reported with the widely used skin antiseptic products containing chlorhexidine gluconate. Although rare, the number of reports of serious allergic reactions to these products has increased over the last several years. See the FDA Drug Safety Communication for a data summary.

Tuesday, February 15, 2011

Agenda Announced for Public Meeting on Implementation of the Zadroga 9/11 Health and Compensation Act

An agenda for the a public meeting on March 3, 2011 to discuss the implementation of the James Zadroga 9/11 Health and Compensation Act of 2001 has been published by The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC). The purpose of the meeting is to allow interested parties provide the agency with their perspectives to assist in developing a plan to meet the requirements of the Act.

In December 2010 US Congress passed and President Obama signed, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally funded and administered program provides for medical evaluation and treatment of occupational medical conditions that have been neglected or ignored by other benefit programs.

The meeting will begin with a brief introduction by Federal officials, followed by presentations from attendees who register to speak. Each speaker will be limited to five minutes in order to maximize the number of presentations during the meeting. If all registered presentations are made before the end time, there will be an open session to receive comments from anyone who has not signed up on the speaker registration list who may wish to speak. Open session comments will also be limited to five minutes per person. After the last speaker or at 4:45 p.m., whichever occurs first, the meeting will be adjourned.

The meeting is scheduled for Wednesday, March 3, 2011 9 a.m to 4:45 p.m. EDT. The meeting will take place at the Jacob Javits Federal Building, 26 Federal Plaza, Broadway entrance, 6th Floor, Broadway entrance, 6th Floor Conference Room A/B, New York, NY 10278. While the meeting is open to the public, limited only by the space available. It is anticipated that the space can hold only 300 people. The USA toll-free dial-in number is 800–619–8873; pass code 8693287.

The James Zadroga 9/11 Health and Compensation Act of 2010 established a program known as the World Trade Center (WTC) Health Program within the US Department of Health and Human Services (HHS). The Act includes:

1. Medical Monitoring for Responders
2. Initial Health Evaluation for Survivors
3. Follow-up Monitoring and Treatment for WTC-Related Health Conditions for Responders and Survivors
4. Outreach
5. Clinical Data Collection and Analysis
6. Research on Health Conditions

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900 have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Saturday, February 19, 2011

OSHA Fines NJ Contractor $45,450 For Safety Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited the general contractor for the Sheridan Avenue Steam Plant renovation project in Albany for repeat and serious violations of safety standards. Plato Construction Corp. of Hopewell, N.J., faces a total of $45,540 in proposed fines, chiefly for scaffold and fall hazards.

"Falls are among the deadliest hazards in construction. They can end a life or a career in seconds," said Edward Jerome, OSHA's area director in Albany. "Proper scaffold erection, safe work practices and effective fall protection are critical in protecting workers against this potentially deadly hazard."

OSHA found employees exposed to fall hazards ranging from 27 to 41 feet while working without fall protection on a scaffold that was not fully guarded, climbing atop the scaffold's guardrails and standing on an empty plastic bucket on the scaffold's deck. The agency has alleged that scaffold's tiebacks were not anchored securely, its pulley block was damaged, and it had not been erected by a competent person. Other hazards included an electrical panel box that was not protected against water, a power cord that lacked strain relief, an unguarded grinder blade and a damaged power cord with exposed wiring.

OSHA issued Plato Construction Corp. two repeat citations with $13,200 in proposed fines for the lack of scaffold fall protection and the damaged power cord, and nine serious citations with $32,340 in fines for the remaining items. OSHA issues a serious citation 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 repeat citations stem from OSHA's having cited the company in December 2006 for similar hazards at a Philadelphia, Pa., worksite. A repeat citation is issued when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

"One means of eliminating recurring hazards such as these is for employers to establish an injury and illness prevention program in which workers and management work together to continually eliminate hazardous conditions," said Robert Kulick, OSHA's regional administrator in New York.

Wednesday, May 28, 2008



Hear an expert analysis of key cases decided during the past year

Presented in cooperation with the NJSBA Workers’ Compensation Section

Tuesday, July 08, 2008 4:00 PM to 8:00 PMNew Jersey Law Center, New Brunswick / S1485d-14533

This fifth annual program features a panel of some of the most respected Workers' Conmpensation Judges and attorneys, who will review and provide insight on the top issues and cases that have emerged during the past year.

This fast-paced program will be packed with practical pointers that have proven successful in matters ranging from jurisdictional issues through coverage of employment. The program will expand your horizons and broaden your practice potential into expanding in developing areas of the law such as the Longshore Act, Defense Base Act claims, and actions involving New York jurisdiction, including 9/11 claims. Make plans to register today!

• Proving that a claim arose out of, and occurred in, the course of the employment: Mojica v. The Valley Hospital
• Interpreting the "Going and Coming Rule" to prove your case: Scott v. Foodarama Supermarkets • Determing jurisdiction of the court: Morella v. Grand Union/New Jersey Self-Insurers Guaranty Association 193 N.J. 350 (2008), Kibler v. Roxbury Bd. of Educ. 392 N.J. Super. 45 App. Div. 2007) , Flick v. PMA Ins. Co. and Kathleen Reed, 394 N.J. Super. 605 (App. Div. 2007)• What you need to know about counsel fees: Alvarado v. J & J Snack Foods Corp.
• How to handle a Longshore and/or Defense Base Act Claim
• What you need to know about NJ 911 exposure filing and proof requirements
...and more
Moderator:JON L. GELMAN, ESQ.

Speakers include:

Click here to print paper registration form

Monday, December 9, 2013

Winter Weather Alert: Generators

Carbon monoxide poisoning is a serious issue for workers who use or are exposed to generators. As the winter storm season approaches employers and workers need to concentrate on avoiding exposures that could lead to serious illness and death in the workplace. Today's post was shared by U.S. CPSC and comes from

Dangerous ice and snow is sweeping across the plains, south, and heading east.  There are expected to be widespread power outages associated with this large storm.
Are you planning on using a portable gas generator to help you during or after the storm this week?
When dealing with severe winter weather and power outages some people take unnecessary risks. Do not take extra risks with your generator. It can be deadly. Its invisible odorless CO exhaust can kill you and your family in just minutes.
Be safe. Put your generator:
  • OUTSIDE! Keep it at least 20 feet* away from windows and doors.
  • Do NOT put generators in garages or basements. An open door does NOT provide enough ventilation to save you from deadly carbon monoxide gas.
When you use a generator, be sure to have a working CO alarm in your home. (Note: You should do this anyway.)
Finally, know the initial symptoms of CO poisoning:
Get outside into fresh air quickly and call 911 immediately. Know what to do.
* Minimum distance recommended by the U.S. Centers for Disease Control and Prevention.
Here’s more information on carbon monoxide.
This address for this post is:
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Friday, July 10, 2020

US Supreme Court Bars Employment Discrimination Claims Against Religious Schools

The US Supreme has held the First Amendment prohibits a court from intervening in employment disputes involving teachers at religious school who are entrusted with the responsibility of instructing their students in faith.

Wednesday, May 6, 2009

California Workers Compensation Fund Alerts Employers and Employees as to Flu

The California Workers' Compensation Fund has taken the initiative of alerting employers and employees as to preventative measures that should be taken to prevent the spread of Swine Flu. 

"To protect California workers and businesses, State Fund advises employers to educate their employees about swine flu facts, symptoms, and preventative measures and to prepare their business operations should a pandemic outbreak significantly reduce their workforce or disrupt their business operation. "

As of today there are 403 reported cases and one death according to the CDC. Numbers are expected to rise as testing has now been shifted from the CDC to the States. California has 49 reported cases.

The novel influenza outbreak (H1N1) has given rise to concern on the impact what a pandemic would cause. The Department of Homeland Security has posted information that workers' compensation programs would probably become involved in responding to the emergency. NIOSH has issued an alert concerning the impact upon psychological and social workers comparing a potential pandemic to the 911 tragedy.

Thursday, April 30, 2009

NIOSH Warns Psychological & Social Support Necessary for Influenza Responders

Comparing the 911 Tragedy with a possible Flu Pandemic, NIOSH has issued an alert that Psychological and Social support for essential service workers may be required during an influenza pandemic.

"This document addresses the psychological and social ("psychosocial") needs of essential service workers during a severe2 influenza pandemic. Essential service workers may include health care workers, public health workers, first-responder organizations, and employees of public utilities, sanitation, transportation, and food and medicine supply-chain companies."

Friday, November 15, 2013

He Got His Wish

Today's post was shared by WorkCompCentral and comes from

I had put my airplane away for the evening after visiting my mom and dad yesterday, and was exiting the secured gate at the airport when a woman had pulled up and frantically waved me down.

Her 88 year old dad was at the airport, his hangar was "right over there" (we could see it from the gate) and his car was parked out front and the door of the hangar was partially open.

She was panicking. Her dad ALWAYS was home by 4 p.m., but her mom said he hadn't returned yet - it was about 5:15 when this encounter occurred.

So I let her through the gate and escorted her to the hangar where the lights were on and her dad was sitting in the back seat of his Navion, looking asleep.

Except he was cold to the touch when I climbed up the ladder to check on him. I called 911, flagged down airport security, and tried as best I could to offer some condolence to Julie (we finally introduced ourselves).

I couldn't help but think of the irony that I had just returned from yet another trip dealing with my dad in the hospital, on the border of life and death with all sorts of tubes and wires in him, making sure my mom was taken care of and dealing with the Business of Dad, and Julie's father seemed to have passed peaceably, quickly it seemed, in his airplane, still holding an approach chart in his hand.

Julie was distraught and sad, of course, at the sudden death of her father. But she told me that he had always said he wanted to die in his airplane.

He got his wish.

And that little tale has absolutely...

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Saturday, December 6, 2014

Officials: 2 dead, 12 hospitalized in Passaic incident involving carbon monoxide

Today's post is shared from

PASSAIC – Two people died and 12 were hospitalized in an incident Saturday involving carbon monoxide at a mixed-use commercial building in Passaic, according to Keith Furlong, the spokesman for the city of Passaic.

Police responded to a 911 call around 1:30 p.m. and found two people dead in a small recording studio on the second floor of the building, Mayor Alex Blanco said at a news conference Saturday afternoon. The other 12 victims “experienced confusion and were choking” as they struggled out of other rooms on the floor.

Firefighters on the scene of a carbon monoxide-related incident in Passaic on Saturday.
Firefighters on the scene of a carbon monoxide-related incident in Passaic on Saturday.
Marko Georgiev/staff photographer
Emergency responders on the scene of an incident in Passaic Saturday on Willet Street.

A man who identified himself as the property owner declined to comment.
The three-story facility is occupied by Streets Rehearsal Studios and has about 20 small rehearsal spaces used by a variety of local musicians and bands, said two musicians at the scene who said they use the space.
The injured are being treated at local hospitals, including St. Mary’s in Passaic. Their names were not provided at the new conference.
“This is a sad day for the city of Passaic,” Blanco said.
The incident at 61 Willet St. drew a...
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Wednesday, April 7, 2010

World Trade Center Responders Continue to Suffer

The plight of the first responders to the World Trade Center disaster has been objectively corroborated by a recent study published in the New England Journal of Medicine.

"Conclusion: Exposure to World Trade Center dust led to large declines in FEV1 for FDNY rescue workers during the first year. Overall, these declines were persistent, without recovery over the next 6 years, leaving a substantial proportion of workerswith abnormal lung function."

The attack on the World Trade Center (WTC) on September 11, 2001, when terrorists crashed two hijacked planes into both towers of the WTC, resulted in the deaths of 2,751 people on that day. The crashes created massive combustion, fueled by jet fuel, that resulted in a huge release of of contaminants including: asbestos, pulverized concrete, lead and other toxins. It is estimated that over 90,000 individuals were involved in the massive clean-up efforts that went on for months following the horrific event. Thousands of New York City residents, schoolchildren and commuters were also exposed.

Click here to read more about 911 WTC claims.