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Wednesday, September 14, 2011

Truck Crash That Kills 11 Results in Call For A National Cellphone Ban

Citing distraction from the use of a mobile phone by the driver of an 18-wheel semi truck as the probable cause of a crash that killed 11 people, the National Transportation Safety Board recommended banning the use of mobile phones by commercial drivers except in emergencies. Accidents arising from the use of cell phone are resulting major liability & workers' compensation problems for employers.

"Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways," said NTSB Chairman Deborah A.P. Hersman. "It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds."

On March 26, 2010, at about 5:14 a.m. CDT, near Munfordville, Kentucky, a truck-tractor semitrailer combination unit driven by a 45-year-old male departed the left lane of southbound Interstate 65, crossed a 60-foot-wide median, struck and overrode a cable barrier system, entered the northbound travel lanes, and struck a 15-passenger van, driven by a 41-year-old male and occupied by 11 passengers (eight adults, two small children, and an infant). The truck driver and 10 of the 12 occupants of the van were killed.

Investigators determined that the driver used his mobile phone for calls and text messages a total of 69 times while driving in the 24-hour period prior to the accident. The driver made four calls in the minutes leading up to the crash, making the last call at 5:14 a.m. CDT, coinciding with the time that the truck departed the highway.

The Safety Board also determined that the median barrier system, which had recently been installed following another cross-median fatal accident on the same section of I-65, contributed to the severity of the accident because it was not designed to redirect or contain a vehicle of the accident truck's size. Because median crossover accidents involving large vehicles are so deadly, the NTSB made recommendations regarding the use of appropriately designed median barriers on roadways with high volumes of commercial vehicles.

At the meeting today, the NTSB issued 15 new safety recommendations to the Federal Highway Administration (FHWA), the Federal Motor Carrier Safety Administration (FMCSA), the National Highway Traffic Safety Administration (NHTSA), the American Association of State Highway and Transportation Officials (AASHTO), the Governors Highway Safety Association (GHSA), all 50 states, and the District of Columbia. The Safety Board also reiterated two previously issued recommendations to the FMCSA.

A synopsis of the NTSB report, including the probable cause, findings, and a complete list of all the safety recommendations, is available on the NTSB's website. The NTSB's full report will be available on the website in several weeks.

RELATED MATERIAL

Board meeting announcement (9/8/11)

Investigative update (5/14/10)

Launch of investigative team to accident site (3/26/10)

Tuesday, October 2, 2012

NIOSH Adopts System Applying ILO Classification to Digital Chest Radiographs

The National Institute for Occupational Safety and Health (NIOH) has adopted a new system applying the ILO (International Labour Organization) classification system to digital radiographs. The classification system will permit the evaluation of dust related disease and pneumoconiosis. The new Regulations will become effective October 15, 2012.

The ILO system has been traditionally utilized to diagnose asbestos related disease.

More about the ILO

Sep 16, 2010
The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107,000 lives each year.
Aug 06, 2012
The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107000 lives each year.
Jan 05, 2011
Since 1970, NIOSH and other organizations have successfully applied traditional film screen chest radiography, interpreted using the ILO International Classification of Radiographs of Pneumoconiosis, toward these...

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Friday, February 3, 2017

AMA Urges Trump Administration to Clarify Immigration Executive Order

A major element of workers' compensation benefits is medical treatment and that will be impacted the Donald Trump's recent ban on immigration. An adequate number of physicians must be available to provide medical care to cure and relieve  a work related medical condition. The American Medical Association (AMA) sent the following letter today to the U.S. Department of Homeland Security regarding the Administration’s executive order issued last week,“Protecting the Nation from Foreign Terrorist Entry into the United States:”

Thursday, December 5, 2013

French Court Supports Claims for Anxiety Flowing from Asbestos Exposure - Protests Continue - Criminal Trials Decisions Await

Photo shared from AFP (Agence France-Presse)
"Thousands stage Paris 'die-in' to protest asbestos" 12 Oct 2013

The international movement to support asbestos victims rights in France, and ultimately seek a universal ban, continues in Paris by the ANDEVA (National Association for Defense of Asbestos Victims) advocacy organization.

In September 2013 the Social Chamber of the Court of Cassation confirmed the injury of anxiety for workers exposed to asbestos and the competence of tribunal to condemn employers to compensate. It also had to comment on the injury upheaval in the lives and the responsibility of insurers such as AGS.

The French Court affirmed that damages had be paid to employees sickened by asbestos for anxiety. The Court allowed these damages for the first time in an occupational disease case.

The loss of future income was not allowed by the French Court.

This judgment was highly anticipated not only by the former employees of ZF Masson of Babcock Wanson or Ahlstrom and by thousands of others throughout France. The injured workers and their families received support from ANDEVA.

ANDEVA commented, "You have to measure the scope of this judgment: in spite of fierce resistance from employers and their lawyers that triggered a veritable barrage, the Court of Cassation confirmed and signed, sending a strong signal to businesses for the prevention, compliance with the health and lives of employees." "This fight today conducted for asbestos, will apply to other dangerous products delayed effect and particularly to carcinogens which are still exposing two million employees according to the latest statistics from the Ministry of Labour."

The advocacy movement in France for adequate compensation for asbestos workers is longstanding. ANDEVA, the asbestos workers advocacy group, who I have visited and consulted, has historically pursued judicial remedies for asbestos workers.

It has been reported that,….."Eternit produced and sold asbestos-cement products in France for 75 years – from 1922 until 1997 (the year of the French ban). For much of this time, asbestos-cement production and marketing in France were controlled by a cartel in which Eternit acted in conjunction with the French multinational Saint-Gobain (through its subsidiary Everite). The first Eternit plants were built in 1 922 at Thiant and Prouvy (twin cities in the North département) followed by factories at Vitry-en-Charollais (Paray-le-Monial, Saône-et-Loire dép), Vernouillet (Triel, Yvelines dép), Caronte (Bouches-du-Rhône dép), Saint-Grégoire (Rennes, Ille-et-Vilaine dép) and Terssac (Albi, Tarn dép). While the Prouvy and Caronte factories have been shut down, the Vernouillet site houses the head office of the Eternit holding company; the four other factories were converted (in 1996-97) to the production of non-asbestos fibro-cement."

"In 1996, ANDEVA filed, in a civil suit, a “plainte contre X” (“complaint against unknown persons”), for involuntary injuries and homicides, abstention délictueuse (willful failure to act [to protect persons in imminent danger]) and poisoning; this suit was aimed at all persons responsible for the asbestos health catastrophe: the asbestos product manufacturers, the public health and labour authorities, the medical doctors that had collaborated in the process."

ANDEVA also participates in an annual street protest to support asbestos workers' rights and advocates to ban asbestos and supports litigation for both personal injury benefits for victims and criminal charges against employers.

The recent street protest ("Die-In") in November was reported in the media, "The protesters from all over France lay down in the street outside Sorbonne University in Paris’s Latin Quarter to dramatise that asbestos exposure claims 3,000 lives per year, according to organisers." ..... "'It has been 17 years since we submitted the first complaints, and there has still not been a criminal trial,' ANDEVA vice president Francois Desriaux told AFP. 'The asbestos risk is not ancient history, it still exists today,' he said."

The criminal court cases are still pending.





Friday, November 25, 2011

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

Briefs and Documents

Merits Briefs for Petitioners
Amicus Briefs in Support of the Petitioners
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
Certiorari-stage Documents
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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Thursday, February 18, 2010

Canadian Asbestos Hypocrisy

Despite the fact that asbestos is a know cancer producing agent, Quebec liberals have won their battle to continue asbestos mining. In 2008 asbestos amounted to a $100 Million dollars business in Canada. Canada exports the majority of its asbestos to developing counties which amounts to 175,000 tons per year. 


Over 100 scientists from 28 nations had written a letter in support of a ban on asbestos production in Canada.  “We appeal to you to respect the overwhelmingly consistent body of scientific evidence and the considered judgment of the World Health Organization (WHO) that all forms of asbestos have been shown to be deadly and that safe use of any form of asbestos has proven impossible anywhere in the world,” the letter began. “Under Canadian law, chrysotile asbestos is classified as a hazardous substance, but the Quebec government has successfully lobbied to prevent it being recognized as such under international environmental law, thus creating a double standard of protection as if some lives were less deserving of protection than others.”


The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing chrysotile under the Rotterdam Convention's notification and consent processes and stop funding the Chrysotile Institute. More importantly, Canada should do its part in alleviating the global epidemic of asbestos-related disease by ending the mining and export of chrysotile, as the WHO recommends."


Asbestos causes multiple diseases including: asbestosis, lung cancer and mesothelioma. For decades US victims of asbestos related disease have sought benefits under the workers' compensation system from employers. They have also filed claims under the civil justice system against suppliers, manufacturers and distributors of asbestos products. Due to the latency of the disease from exposure to manifestation, despite the reduction in the use of asbestos fiber, the disease continues to be very prevalent in the US and throughout the world.


Click here to read more about efforts to ban asbestos production in the US.

Thursday, November 12, 2009

APHA Calls for US Asbestos Ban

The American Public Heath Association (APA) has called for a ban by Congress on the manufacture, sale, export, or import of asbestos containing products including products in which asbestos is a contaminant. Asbestos claims 10,000 American lives each year.

“As early as 1898, the British government factory inspectors recognized adverse health effects associated with exposure to asbestos fibers. By the 1930’s the scientific evidence was well established of the association between asbestos exposure and nonmalignant respiratory disease, and with the publication of Dr. Irving Selikoff’s study of insulation workers in 1964, the evidence of carcinogenicity was incontrovertible as well.”
“Despite the concerns of asbestos exporting countries and business interests of the mining industry, the scientific consensus today is that all types of asbestos fibers, including chrysotile, cause asbestosis, lung and other cancers, specifically mesothelioma. The magnitude of the public health problem presented by asbestos and its ubiquitous use during the last 50 years is revealed by death certificate data analyzed by the National Institute for Occupational Safety and Health (NIOSH). NIOSH identified 2,485 deaths in the U.S. in 1999 in which malignant mesothelioma was listed as an underlying or contributing cause of death; and that during 1968--2005, asbestosis was identified as the underlying cause of death for 9,024 decedents, 13% of these were aged 25-64 years. These data undoubtedly underestimate the situation as asbestos-related disease can take 10 to 50 years to present. The estimated portion of lung cancer deaths attributed to asbestos exposure is 2-3 percent.”

During the 1950’s and 1960’s Dr Selikoff would testify in the NJ Division of Workers’ Compensation as a medical expert for injured workers. I had the privilege of knowing him and observing his efforts to assist injured workers and spread his scientific discoveries on the harmful effects of asbestos products.

It is shocking that in 2009 the US permits the use, manufacturing and distribution of asbestos containing products. It is certainly well passed the time to ban asbestos in the US.


Wednesday, October 29, 2008

Asbestos Dealer of Death - Canada

The Canadian delegation to the Rotterdam Convention was able to lobby effectively to prohibit a ban on asbestos for another two years. The Canadian mines will continue to churn out the killer fiber and ship it to unsuspecting countries as a result of an effective major lobbying effort of the Canadians to sway the votes of India, Pakistan, Vietnam and the Philippines.

Despite a report from an independent committee of scientist urging the ban of chrysotile asbestos this year, the effort to ban asbestos failed. Chrysotile asbestos is classified as a known human carcinogen by the International Agency for Research on Cancer and more than 40 countries have already banned its sale.

It has been reported that last year alone Canada sold $77 million to developing countries around the world. Unfortunately the cost for medical care caused by asbestos related disease far exceeds that value and the loss of life is priceless. Shielded by national laws the Canadian entities have protected themselves from recovery. Exporting disease for economic greed is beyond human comprehension and is shameful. Who are the Canadians kidding, asbestos kills!

Sunday, November 3, 2013

Why Texting-While-Driving Bans Don't Work

Today's post was shared by Mother Jones and comes from www.motherjones.com


Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities.
As one might expect, single occupant vehicle crashes dip noticeably when a state legislature enacts a texting and driving ban. But the change is always short-lived, according to this study, which examined data from every state except Alaska from 2007 through 2010. Within months, the accident rate typically returned to pre-ban levels.
The researchers, Rahi Abouk and Scott Adams of University of Wisconsin-Milwaukee, attribute this pattern to the "announcement effect," when drivers adjust their behavior to compensate for a perceived law enforcement threat—only to return to old habits when enforcement appears ineffectual. In other words, drivers might dial back their texting when they hear about a ban, but after they succumb to the urge once or twice and get away with it, they determine it's okay and keep doing it.
"It's different than drunk driving," Adams said. Identifying intoxicated drivers is relatively easy, "you can give somebody a breathalyzer, you can have checkpoints." But with texting, "it's really hard [for policemen] to know" if someone's been texting.
No one denies the dangers of texting while driving. In fact, 95 percent of AAA survey (PDF) respondents said texting behind the wheel was a "very" serious threat to their personal safety. But 35 percent of the same...
[Click here to see the rest of this post]

Saturday, September 10, 2011

What Congress Really Needs To Do To Solve the Asbestos Epidemic

The Republican House Majority is again putting on its old and tired dog and pony show to blame the victims of asbestos disease for their occupational illness that were in fact caused by employers and manufactures of asbestos products. The Industry is pulling out the old fraud card and soap box at a scheduled Congressional hearings next week.


Asbestos has been known to be a fatal carcinogen for decades. It is a cause of latent disease that may take decades to manifest after the initial exposure. Minimal exposure to asbestos may be fatal. Asbestos has been linked to asbestosis, and malignancies such as mesothelioma and lung cancer. There is no universal ban on the use of asbestos fiber in the US. Asbestos victims have been held hostage by Congress to give up more rights for compensation as the debate for imposition of a national ban on asbestos continues.


Decades of litigation, originating in US workers' compensation claims, and  liability claims, has revealed that employers and manufacturers concealed important information from employees who were exposed to deadly asbestos fiber. That malfeasance has resulted in benefits and awards to injured workers and their families through the US civil justice system and bankruptcy claim process.


Asbestos litigation has evolved in waves or surges of claims over the decades. It is very long term litigation. Sometimes amounting to  decades of processing after manifestation of the disease  process. Recently there has been an upswing in the number of bystanders and household contacts who suffer disease. This is caused by  yet another generation of workers, their family members and bystanders who have been exposed to asbestos fiber. Some has been the result of mere home demolition and rehabilitation. Ironically, many of the victims, first responders and innocent bystanders of  The September 11th Attack were exposed by the pulverization of asbestos containing building materials on the attack on the World Trade Center.


It is an unfortunate turn of events when the Republican dominated Congress points the finger at the innocent asbestos victims. The nation would be better served if the focus were on the real culprits, those who manufactured the epidemic of asbestos disease, and an effort made to increase research for a cure to asbestos related illness. It is hopefully time for Congress to help the victims get access to benefits, invest in medical research, and to impose a universal ban of asbestos in the nation.

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.

Wednesday, May 23, 2012

Employers Now Banning Cell Phone Use

A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation laws.


Click here to read the survey results: 

Companies Increasingly Concerned About Employee Use of Cell Phones While Driving

"The number of commercial fleet operators that have adopted written policies pertaining to employee use of cell phones while driving on-the-job has increased 29% in the past year – from 62% to 80% – according to the second annual survey of more than 900 transportation and fleet professionals conducted by ZoomSafer."

Sunday, September 19, 2010

The Trend to Exclude Distracted Driving From Workers' Compensation Coverage

The trend nationally is to prohibit the use of cell phones in motor vehicles. Such a ban would make use of a cellphone while working a deviation from employment and accidents involving cell phone use at work would then be considered a deviation from employment and excluded from workers' compensation coverage,

Citing cell phone usage while driving, the Federal Government is making a major initiative to get workers off cell phone while at work. U.S. Transportation Secretary Ray LaHood today announced the agenda for the second national Distracted Driving Summit to be held on September 21st , 2010 in Washington, DC.

Building on the success of last year’s summit, Secretary LaHood will convene leading transportation officials, safety advocates, law enforcement, industry representatives, researchers and victims affected by distraction-related crashes to address challenges and identify opportunities for national anti-distracted driving efforts. U.S. Labor Secretary Hilda Solis, U.S. Senator Jay Rockefeller and U.S. Senator Amy Klobuchar will also speak at the summit. 

“Thousands of people are killed or injured every year in accidents caused by distracted drivers,” said Secretary LaHood. “One year after our first national Distracted Driving Summit, we will reconvene to take stock of our progress and reassess the challenges and opportunities that lie ahead. I look forward to hearing insights from our distinguished panelists and guests, and know that by working together, we will save lives.”

The 2010 Distracted Driving Summit will be live webcast at www.distraction.gov, enabling the participation of people around the country. US employers are urged to set policies to prohibit the use of cell phones at work. "Use a variety of organizational channels to communicate with employees the company's commitment to safety and health and specifically to the nonuse of cell phones and texting. Make it clear to your employees that the expectation is that they will NOT talk or text on their cell phones while driving on company time or in company vehicles. Have employees sign a contract that says they will not violate the organization’s ban on texting and driving."

Many State Laws already ban the use of cell phones while driving. Sample legislation to be used as a starting point for states crafting new laws to prohibit texting while driving has been encouraged. 

Making the workplace safer is a major purpose of workers' compensation law. Public policy will certainly support the effort to end distracted driving. The trend to exclude coverage for distracted driving is a signifiant move in the right direction to help workers steer clear of accidents.

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 work related accident and injuries.

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