Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

EPA Seeks Reporting of Asbestos Fibers

The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.

California Supreme Court Bars Household Contact Covid Claims

Today, the California Supreme Court decided that the Workers’ Compensation Act [WCA] did not bar a derivative claim. However, using a public policy rationale, it did not extend an employer's duty of care to an employee's household contacts who contracted COVID-19.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

Available Workers' Compensation Law 2023 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.

OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin

Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.

Household Contact COVID Case Status in California Supreme Court

The defense brief has now been submitted to California Supreme Court for review on the question of whether the workers’ compensation act does bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, Rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

Camp Lejeune Water Contamination Claims

Drinking water at Camp Lejune, North Carolina, was contaminated by toxic substances, and it is estimated that over one million military personnel, their families, and civilians who lived and worked near Camp Lejune training facility between August 1, 1953, and December 31, 1987, may have been exposed to hazardous substances.

Burn Pit Legislation Signed into Law

President Biden signed legislation that will provide medical benefits from the Veterans Administration to service members exposed to toxic burn pits while deployed overseas in recent conflicts. The President signed the Sargent First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act. It embodies some of the goals we strived to achieve in the decades-long burn pit litigation project.

EPA Launches Community Engagement Efforts on New Ethylene Oxide Risk Information

The US Environmental Protection Agency (EPA) just announced its plans to engage and inform communities, states, Tribes, Territories, and stakeholders about up-to-date information on the risks posed by air emissions of ethylene oxide (EtO) from commercial sterilizers, as well as EPA’s efforts to address these risks. EPA is releasing new information on specific facilities where lifetime risk levels are the highest to people who live nearby and is encouraging impacted communities to participate in a series of public engagements to learn more. Later this year, EPA expects to propose an air pollution regulation to protect public health by addressing EtO emissions at commercial sterilizers.

Republican Senators Block Final Passage of The Bipartisan Toxic Exposure Bill That Would Assist Veterans

In a stunning reversal the much-anticipated legislation that would aid veterans exposed to toxic burn pits, and water contamination at Camp Lejune and other war sites was blocked by a unified group of 25 Republican Senators. The widely bipartisan Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022 previously passed the senate 84-14.

NJ Supreme Court Enhances Workplace Safety and Adopts an Updated Standard for Medical Causation

A divided NJ Supreme Court upheld a verdict for an employee who suffered mesothelioma, a fatal cancer, as a result of a product manufacturer’s failure to warn of the lethal nature of the product in the workplace. The Court acknowledged that even minor exposure to asbestos could cause disease.

California Supreme Court Agrees to Review COVID Take Home Liability Case

The California Supreme Court has accepted for review the question of whether the workers’ compensation act bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. 

Federal Court: Roundup Subject to US EPA Review

The 9th Circuit Court of Appeals held that the  Environmental Protection Agency must reevaluate glyphosate, a weedkiller used in Roundup. The court determined that the chemical poses a serious health hazard and is likely to cause human cancer. 

Burn Pit Benefits: The US Senate Passed The Pact Act

The burn pit benefit bill now heads back to the US House of Representatives before going to President Biden’s desk to be signed into law; The PACT Act is named in honor of Sergeant First Class Heath Robinson of Ohio.

Senator Merkley Chairs Hearing on Asbestos Ban Legislation

Oregon’s U.S. Senator Jeff Merkley, Chairman of the Senate Environment and Public Works Committee’s Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight, called and chaired a hearing on the Alan Reinstein Ban Asbestos Now Act of 2022.

EPA Proposes to Ban Ongoing Uses of Asbestos

In a historic step, the US Environmental Protection Administration [EPA] is moving to protect people from cancer risks and is moving to ban asbestos in the US. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act.

President Biden Supports Burn Pits Exposure Benefits for Veterans

Veterans who suffer from medical conditions following exposure to toxic burn pit hazards and chemicals received support from President Biden last night. President's State of the Union Address included strong presidential support for health care benefits and wartime disability compensation. A burn pit is used to burn solid waste in open-air without equipment.

Order: Workers' Compensation Law 2022 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law can now be ordered from Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.

OSHA fines New Jersey company $130,000 for methylene chloride violations

 The Occupational Safety and Health Administration has cited a New Jersey company $130,000 for methylene chloride violations. Exposure to paint strippers containing methylene chloride remains a severe health concern for workers. The Second Circuit Court of Appeals recently refused to extend the United States Environmental Protection [EPA] agency's regulations to cover methylene chloride in the commercial setting.