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

Wednesday, August 1, 2012

Illinois Man Sentenced to 10 Years in Prison for Clean Air Act Violations Involving Asbestos

The EPA was directed to set standards for radi...
(Photo credit: Wikipedia)
Duane “Butch” O’Malley, 59, of Bourbonnais, Ill., who was convicted by a federal jury on September 26, 2011, for the illegal removal, handling and disposal of asbestos from a Kankakee building in August 2009, was sentenced to 10 years in prison by Federal District Court Judge Michael McCuskey. O’Malley was also ordered to pay restitution of $47,086 to the U.S. Environmental Protection Agency (EPA) related to the clean-up of illegally disposed asbestos and ordered to pay a fine of $15,000. Asbestos is a mineral fiber that has been used commonly in a variety of building construction materials. When asbestos-containing materials are damaged or disturbed by repair, remodeling or demolition activities, microscopic fibers become airborne and can be inhaled into the lungs, where they can cause serious health problems, including lung cancer and mesothelioma.

“Asbestos must be removed in a safe and legal way in order to protect people's health and reduce the risk of exposure,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “The defendant’s actions endangered the health of his workers and the surrounding community and the sentence shows that those who violate critical environmental safeguards will be prosecuted.”

“To increase his profits, a jury found that O’Malley knowingly disregarded federal environmental laws that require asbestos-containing materials be safely removed and properly disposed,” said U.S. Attorney Jim Lewis, Central District of Illinois. “This sentence is a consequence of the defendant’s flagrant disregard for his workers, the public, and the environment in exposing them to dangerous airborne asbestos fibers.”
During O’Malley’s trial, the government presented evidence that O’Malley, owner and operator of Origin Fire Protection, was hired by Michael J. Pinski in August 2009 to remove asbestos-containing insulation from pipes in a five-story building in Kankakee, Ill. that was owned by Pinski through his company, Dearborn Management, Inc. Evidence was presented that neither O’Malley nor his company was trained to perform the asbestos removal work and that O’Malley agreed to remove the asbestos insulation for an amount that was substantially less than a trained asbestos abatement contractor would have charged to perform the work. Further, O’Malley arranged for James A. Mikrut to recruit and oversee workers to remove the asbestos.

The government’s evidence showed that various provisions of the Clean Air Act (CAA) and EPA regulations were violated, including, failure to properly notify the EPA, failure to have trained on-site representatives present, failure to ensure the asbestos insulation was adequately wetted while it was being stripped and removed, failure to mark vehicles used to transport the asbestos containing waste material and failure to deposit the asbestos in a waste disposal site for asbestos. Instead, the asbestos insulation was stripped from the pipes while dry, and then placed in more than 100 large, unlabeled plastic garbage bags. The bags were then dumped in an open field in Hopkins Park, resulting in soil contamination and exposing the workers hired by O’Malley to dangerous asbestos-laden dust.

Under the CAA there are requirements to control the removal, handling and disposal of asbestos, a hazardous air pollutant. Any owner or operator of a renovation or demolition activity which involves removal of specified amounts of asbestos-containing material must comply with the EPA regulations.

O’Malley was charged in June 2010 with five felony violations of the CAA, along with Michael J. Pinski, 42, of Kankakee, Ill., and James A. Mikrut, 49, of Manteno, Ill. Pinski entered a plea of guilty on Aug. 19, 2011, to one count of violation of the Clean Air Act. Mikrut pleaded guilty on Aug. 24, 2011, to five counts of violation of the CAA. The sentencing hearings for Pinski and Mikrut will be scheduled at a future date.

The charges were investigated by EPA’s Criminal Investigation Division, with assistance from the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency’s Superfund Division. Assistant United States Attorney Eugene L. Miller and Special Assistant U.S. Attorney James Cha are prosecuting the case.

More information about EPA’s criminal enforcement program: http://www.epa.gov/oecaerth/criminal/index.html


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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More articles about asbestos
Jun 22, 2012
NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg...
Mar 19, 2012
Whereas the United States has substantially reduced its consumption of asbestos, yet continues to consume almost 1100 metric tons of the fibrous mineral for use in certain products throughout the United States;. Whereas ...
Apr 06, 2012
"Objectives Asbestos is an inflammatory agent, and there is evidence that inflammatory processes are involved in the development of cardiovascular disease. Whether asbestos is a risk factor for cardiovascular disease has ...
Apr 04, 2012
Anti-asbestos campaigners have urged more criminal prosecutions against the global directors of asbestos corporations following the recent conviction of European industrialists Stephen Schmidheiny and Baron Cartier de ...

Monday, April 23, 2012

NJ Supreme Court To Rule on Several Critical Issues

The NJ Supreme Court has before it three issues of critical importance concerning workers' compensation including: the standard of proof in a fatal heart claim; remedy for the failure of an insurance company to provide medical care, and the "exclusivity rule." These decisions have the potential to be landmark decisions.


1. Standard of Proof in a Fatal Heart Claim: Does the record support this workers' compensation claim under N.J.S.A. 34:15-7.2, which sets the standard of proof governing claims based on injury or death from cardiovascular causes?


Workers' Compensation benefits were awarded for a pulmonary embolism causally related to sedentary work activity. A NJ Appellate Court awarded benefits for the development of a pulmonary embolism precipitated by the inactivity of sitting long hours at a desk job.


Certification granted: 2/14/12
Posted: 2/14/12
A-71-11 James P. Renner v. AT&T (068744)

2.  Remedy for the Failure of the Insurance Company to Provide Medical Care:
May an employee who suffered a work-related injury pursue a common-law cause of action against a workers’ compensation carrier for willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes the employee’s condition to worsen?

The NJ Supreme is going to review the procedure to bring bad faith claims against employers and insurance companies in workers' compensation actions. The Court accepted for review a case holding that workers' compensation bad faith claims are within the exclusive jurisdiction of the workers' compensation hearing official.

Certification granted 6/7/11
Posted 6/10/11
Argued: 3/26/12
A-112-10 Wade Stancil v. ACE USA (067640)


3. The Exclusivity Rule:

Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result of a “willful violation” of its regulations, did the employer’s action constitute an “intentional wrong” that would preclude immunity under N.J.S.A. 34:15-8 of the workers’ compensation statute?

NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' compensation action. 

Certification granted 1/27/11
Posted 1/28/11
Argued: 10/12/11
A-69-10 Kenneth Van Dunk, Sr. v. Reckson Associates Realty Corp. (066949)


Related articles

Thursday, August 22, 2013

NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim

A NJ Workers' Compensation Court affirmed the dismissal of a pulmonary claim ruling that the evidence presented was lacking, and that the statutory limitations of expert medical fees do not act to the detriment of the injured worker in the proof of a workers' compensation claim.
"In her written opinion, the compensation judge found the testimony of Dr.Kritzberg more credible than that of Dr. Hermele. The judge found that petitioner's counsel “trie[d] to make it appear that petitioner presented to Dr. Hermele on his own for treatment. That is simply not true. Petitioner's counsel sent petitioner to Dr. Hermele. Dr. Hermele did not treat petitioner.” Additionally, of great significance to the compensation judge was the fact that petitioner had been treating with a cardiologist for twenty-three years, testified that he believed his breathing difficulties were related to his heart condition, and had never been treated for any pulmonary condition, despite testifying that his pulmonary complaints worsened in 1988, while continuing to work for respondent for eleven more years. The judge inferred that petitioner's cardiologist never referred him to a pulmonary specialist for treatment.
The Court also held that an "adverse inference" could be drawn when the injured worker does not offer supporting medical records into evidence to prove a claim.
"The compensation judge drew an adverse inference “from the fact the petitionernever produced a certified copy of the records from his treating cardiologist orhad Dr. Hermele review said records as part of his evaluation[,]” noting that Dr.Hermele readily admitted “there is a relationship between the heart and thelungs.”
Furthermore, the medical evidence presented at the time of trial, support the lack of causal relationship of a pulmonary medical condition caused by a pre-existing cardiovascular condition, rather than an independent pulmonary condition cause by exposure to industrial air pollution.
"Critical for the court were the chest x-rays taken of the petitioner which
showed that he did not have bi-lateral flattening of his diaphragm. If he
truly had pulmonary disease unrelated to his heart condition[,] you would expect
to find bi-lateral flattening of the diaphragm. Only the left side of petitioner's diaphragm was flattened[,] which is to be expected since both doctors
agreed petitioner has cardiomegaly (enlargement of the heart).....

Wednesday, June 13, 2012

Diesel Exhaust Linked to Cancer

Diesel smoke from a big truck.
After a week-long meeting of international experts, the International  Agency for Research on Cancer (IARC), which is part of the World Health Organization (WHO), today   classified diesel engine exhaust as carcinogenic to humans (Group 1), based on sufficient evidence  that exposure is associated with an increased risk for lung cancer. 

Exposure to diesel exhaust has previously been held to be a causative factor in contributing to a compensable occupational heart condition. Recognizing that the the Workers' Compensation Act required an occupational exposure to be “characteristic” of and peculiar to a particular employment, that there be restricted compensability for disability due to “deterioration of a tissue, organ or part of the body in which the function of the tissue, organ or part of the body is diminished due to the natural aging process,” and that the disease be “due in a material degree to causes or conditions” peculiar to the place of employment, the court concluded that a truck driver may suffer cardiovascular disability as a result of exposure to carbon monoxide even though the employee had other pre-disposing risk factors including smoking, obesity, and a genetic predisposition. The court referred to the example of a teacher who develops asbestosis from working in a classroom with a flaking asbestos ceiling where the disability arising from the asbestos exposure was recognized as being compensable under the New Jersey Workers' Compensation Act. Fiore v. Consolidated Freightways, 140 N.J. 452, 659 A.2d 436 (1995).

Background

In 1988, IARC classified diesel exhaust as probably carcinogenic to humans (Group 2A). An Advisory Group  which reviews and recommends future priorities for the IARC Monographs Program had recommended  diesel exhaust as a high priority for re-evaluation since 1998. 

There has been mounting concern about the cancer-causing potential of diesel exhaust, particularly based  on findings in epidemiological studies of workers exposed in various settings. This was re-emphasized by  the publication in March 2012 of the results of a large US National Cancer Institute/National Institute for  Occupational Safety and Health study of occupational exposure to such emissions in underground miners,  which showed an increased risk of death from lung cancer in exposed workers..

Evaluation

The scientific evidence was reviewed thoroughly by the Working Group and overall it was concluded that  here was sufficient evidence in humans for the carcinogenicity of diesel exhaust. The Working Group  found that diesel exhaust is a cause of lung cancer (sufficient evidence) and also noted a positive  association (limited evidence) with an increased risk of bladder cancer (Group 1).  The Working Group concluded that gasoline exhaust was possibly carcinogenic to humans (Group 2B), a  finding unchanged from the previous evaluation in 1989.

Public health

Large populations are exposed to diesel exhaust in everyday life, whether through their occupation or  through the ambient air. People are exposed not only to motor vehicle exhausts but also to exhausts from  other diesel engines, including from other modes of transport (e.g. diesel trains and ships) and from power  generators.

Given the Working Group’s rigorous, independent assessment of the science, governments and other  decision-makers have a valuable evidence-base on which to consider environmental standards for diesel  exhaust emissions and to continue to work with the engine and fuel manufacturers towards those goals.  Increasing environmental concerns over the past two decades have resulted in regulatory action in North  America, Europe and elsewhere with successively tighter emission standards for both diesel and gasoline  engines. There is a strong interplay between standards and technology – standards drive technology and  new technology enables more stringent standards. For diesel engines, this required changes in the fuel  such as marked decreases in sulfur content, changes in engine design to burn diesel fuel more efficiently and reductions in emissions through exhaust control technology.

However, while the amount of particulates and chemicals are reduced with these changes, it is not yet clear how the quantitative and qualitative changes may translate into altered health effects; research into this question is needed. In addition, existing fuels and vehicles without these modifications will take many years to be replaced, particularly in less developed countries, where regulatory measures are  currently  also less stringent. It is notable that many parts of the developing world lack regulatory standards, and data on the occurrence and impact of diesel exhaust are limited.

Conclusions
Dr Christopher Portier, Chairman of the IARC working Group, stated that “The scientific evidence was compelling and the Working Group’s conclusion was unanimous: diesel engine exhaust causes lung cancer in humans.” Dr Portier  continued: “Given the additional health impacts from diesel  particulates, exposure to this mixture of chemicals should be reduced worldwide.“ Dr Kurt Straif, Head of the IARC Monographs Program, indicated that “The main studies that led to this  conclusion were in highly exposed workers. However, we have learned from other carcinogens, such as  radon, that initial studies showing a risk in heavily exposed occupational groups were followed by positive  findings for the general population. Therefore actions to reduce exposures should encompass workers  and the general population.”

Dr Christopher Wild, Director, IARC, said that “while IARC’s remit is to establish the evidence-base for  regulatory decisions at national and international level, today’s conclusion sends a strong signal that  public health action is warranted. This emphasis is needed globally, including among the more vulnerable  populations in developing countries where new technology and protective measures may otherwise take 
many years to be adopted.”

....
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.

Thursday, October 10, 2013

Deaths Linked to Cardiac Stents Rise as Overuse Seen

Cardiovascular claims that are deemed compensable are costly medical and pharmaceutical claims. The procedures are expensive an risky and the pharmaceutical maintenance and monitoring is lifelong and  expensive.Today's post is shared from Bloomberg.com

When Bruce Peterson left the U.S. Postal Service after 24 years delivering mail, he started a travel agency. It was his dream career, his wife Shirlee said.

Deaths Linked to Cardiac Stents Rise as a Third Called Unneeded Then he went to see cardiologist Samuel DeMaio for chest pain. DeMaio put 21 coronary stents in Peterson’s chest over eight months, and in one procedure tore a blood vessel and placed five of the metal-mesh tubes in a single artery, the Texas Medical Board staff said in a complaint. Unneeded stents weakened Peterson’s heart and exposed him to complications including clots, blockages “and ultimately his death,” the complaint said.

DeMaio paid $10,000 and agreed to two years’ oversight to settle the complaint over Peterson and other patients in 2011. He said his treatment didn’t contribute to Peterson’s death.

“We’ve learned a lot since Bruce died,” Shirlee Peterson said. “Too many stents can kill you.”
Peterson’s case is part of the expanding impact of U.S. medicine’s binge on cardiac stents -- implants used to prop open the arteries of 7 million Americans in the last decade at a cost of more than $110 billion.

When stents are used to restore blood flow in heart attack patients, few dispute they are beneficial. These and other acute cases account for about half of the 700,000 stent procedures in the U.S. annually.

Among the other half -- elective-surgery patients in stable...
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Tuesday, August 8, 2023

The Long Legacy of COVID-19 Disability

The legacy of the COVID-19 pandemic persists. There exists a continuing need for long-term treatment and disability. While state benefit systems such as workers’ compensation have made an admirable attempt in many jurisdictions to provide benefits, a significant gap and non-uniform delivery of benefits continue to exist among jurisdictions. Federal efforts are expanding to provide necessary research and treatment protocol resources. 

Sunday, September 22, 2013

Powerful New Videos Encourage Those Who Qualify to Seek Care through the World Trade Center Health Program

Many victims of the 9-11 World Trade Center terorist attack have not yet sought medical care nor filed a claim for benefits. Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov


Glenn, a retired New York City police officer, shares how the World Trade Center Health Program helped him regain his health.

Though the September 11th attacks were over a decade ago, thousands of people who were in the affected areas continue to experience physical and mental health symptoms as a result of their experience in the days, months, and even years following 9/11. They may not recognize that some cancers, a chronic cough, difficulty sleeping, or frequent heartburn that they— or their children— experience could be a 9/11 related health condition.

NIOSH is teaming up with our community partners to spread the word that help is available through the World Trade Center (WTC) Health Program. Created by the James Zadroga 9/11 Health and Compensation Act of 2010, the WTC Health Program provides medical monitoring and treatment for responders at the World Trade Center and related sites in New York City, the Pentagon, and Shanksville, PA, and for survivors who were in the New York City disaster area. All care for covered conditions is provided at no out of pocket costs for those who qualify.

The WTC Health Program has helped thousands regain their health following the September 11th terrorist attacks. This year the Program is launching a digital campaign to make sure that those who may qualify for care, but are not enrolled, get the help they need and deserve. The campaign features videos of members telling their stories. Both responders and survivors describe...
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Thursday, August 22, 2013

US Supreme Court Asked to Review MSP Preemption Issue

The US Supreme Court has been asked to review a claim on behalf of an injured worker who asserts that the Medicare Secondary Payer Act did not preempt State law (i.e.. Texas) that required a Workers' Compensation claimant to obtain preauthorization from relevant insurance carriers before incurring certain medical expenses. The Fifth Circuit Court of Appeals held that Medicare's conditional payment for a workers surgeries did not render the  state law mandate for  preauthorization requirements "moot."

A Writ of Certiorari was filed with the US Supreme Court on Aug. 8, 2012 and a response is due September 11, 2013 

Guadalupe Caldera v. Insurance Company of the State of Pennsylvania, US Supreme Court Docket No. 12-40192. Case below, 716 F 3d 861, Docket No, 12-40192, 5th Cir Ct Appeals, Decided May 14, 2013.
….
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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.


Friday, August 23, 2013

Why Is Obama Caving on Tobacco?

Tobacco in the workplace has been greatly reduced. It is,, and was a major contributing factor to occupational disease claims. Today's post was shared by WCBlog and comes from www.nytimes.com


LAST year I endorsed President Obama for re-election largely because of his commitment to putting science and public health before politics. But now the Obama administration appears to be on the verge of bowing to pressure from a powerful special-interest group, the tobacco industry, in a move that would be a colossal public health mistake and potentially contribute to the deaths of tens of millions of people around the world.


Although the president’s signature domestic issue has been health-care reform, his legacy on public health will be severely tarnished — at a terrible cost to the poor in the developing world — unless his administration reverses course on this issue.

Today in Bandar Seri Begawan, Brunei, representatives from the United States and 11 other nations begin the latest round of negotiations over the Trans-Pacific Partnership, a multinational trade agreement. The pact is intended to lower tariffs and other barriers to commerce, a vitally important economic goal. But if it is achieved at the expense of people’s health, the United States and countries around the world will be worse off for it.

Tuesday, September 30, 2014

Working Long Hours Tied to Diabetes Risk

Today's post is shared from nytimes.com/

Working long hours may increase the risk for Type 2 diabetes, a new review has found, but the risk is apparent only in workers of lower socioeconomic status.

Long working hours are associated with diabetes risk factors — work stress, sleep disturbances, depression and unhealthy lifestyle, and some studies have found long hours associated with increased risk for cardiovascular disease.

Researchers combined data from 19 published and unpublished studies on more than 222,000 men and women in several countries.

The analysis, published in The Lancet Diabetes & Endocrinology, found no effect of working hours in higher socioeconomic groups. But in workers of lower socioeconomic status, working more than 55 hours a week increased the risk for Type 2 diabetes by almost 30 percent. The association persisted after excluding shift workers and adjusting for age, sex, obesity and physical activity.

The study is observational, and the lead author, Mika Kivimäki, a professor of epidemiology at University College London, said there were no intervention studies that could establish cause and effect.

“My recommendation for people who wish to decrease the risk of Type 2 diabetes,” he said, “applies both to individuals who work long hours and those who work standard hours: Eat and drink healthfully, exercise, avoid overweight, keep blood glucose and lipid levels within the normal range, and do not smoke.”


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Monday, September 2, 2013

Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...

The Social Security Administration turns down many worthy applicants when they first apply.
Photo credit: Thomas Hawk / Foter.com 
Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. 

So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis

Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security. 

Monday, November 24, 2014

When An Employer Should Not Deny Medical Care

It is always tricky slope for an employer to deny medical care based on a pre-existing medical condition. The employer must be absolutely certain that the proofs offered at trial will provide a credible basis for a ruling by the Court. Without that certainty, the employer could be subject to paying for uncontrolled medical care as well as for penalties.

Some employers avoid those dire consequences by providing medical care with reservation as the NJ Statute allows. The employer can then subrogate a claim against the correct primary medical provider should the claim be denied.

“The employer need not be asked to authorize medical care but may be responsible for payment for such care entirely in cases where the employer has disavowed compensability of a claim which is ultimately found to be compensable.” 38 NJ Practice §12.7, Workers’ Compensation Law, Jon L Gelman.

 An employer recently lost an appeal from such an adverse ruling. The employer who challenged compensability of a back injury and denied “legitimate” medical treatment based on an alleged pre-existing MRI.  The employer was held liability for medical treatment when the Court found the testifying radiologist on behalf of the petitioner to be a credit witness.

“Johnson [injured worker] presented extensive medical proofs, including the testimony of treating physicians and expert witnesses. This included the deposition testimony of Steven P. Brownstein, M.D., a practitioner of diagnostic radiology. Brownstein opined that the disputed MRI could not belong to Johnson because herniated discs and bone spurs do not spontaneously disappear. Brownstein also stated that the 1999 MRI films depicted a fifty-year-old man, while Johnson’s 2006 MRIs were of a man no older than thirty-five.

Additionally, the employee testified that he never had the prior MRI. The Court found the petitioner to be a credible witness.

The employer refused to pay for medical care following from a compensable accident at work. The Court ruled that the actions of the employer were incorrect and that the employer should be held responsible for paying for medical care since it was requested by the injured employee and subsequently denied by the employer. Following the rule in Benson v Coca Cola Co., 120 N.J. Super. 120 (NJ App. Div. 1972),  a NJ employer was responsible for medical care requested by the employee and denied by the employer as the accident was held compensable.

“The JWC also found, pursuant to Benson v. Coca Cola Co., 120 N.J.Super. 60 (App.Div.1972) , that Johnson “was well within his rights to seek outside treatment” based upon City’s denial of the April incident, the dilatory fashion in which it referred Johnson for treatment after the May incident, and its refusal to provide medical care even when recommended by its first medical examiner. He thus concluded the exception expressed in Benson  applied and that it would have been futile for Johnson to have continued to request coverage for medical expenses.

The Compensation Judge is giving a wide spectrum of discretion as to determine the credibility of the testimony of the witnesses:
“Our highly deferential standard of review is of particular importance in this case, where appellant’s principal points of error hinge on the JWC’s credibility determinations. See Hersh v. Cnty. of Morris, 217 N.J. 236, 242 (2014)  (quoting Sager, supra, 182 N.J. at 164).  The JWC has the discretion to accept or reject expert testimony, in whole or in part. Kaneh v. Sunshine Biscuits, 321 N.J.Super. 507, 511 (App.Div.1999) . The judge is considered to have “expertise with respect to weighing the testimony of competing medical experts and appraising the validity of [the petitioner’s] compensation claim.” Ramos v. M & F Fashions, 154 N.J. 583, 598 (1998 .

The Court went also reiterate the Belth Doctrine holding that the employer takes the employee as he finds him. While the Belth decision predates the 1979 Amendments to the NJ Workers’ Compensation Act it remains valid as to the exacerbation of an underlying medical issue. Belth v. Anthony Ferrante & Son, Inc., 47 N.J. 38, 219 A.2d 168 (1966).

“ Employers are responsible for treatment of a preexisting condition which is exacerbated by a work accident. Sexton v. Cnty. of Cumberland, 404 N.J.Super. 542, 555 (App.Div.2009) . The burden is on the employer to prove that the compensable accident was not the cause of the exacerbation. In this case, City did nothing more than attempt to prove that Johnson was lying about his 1999 medical conditions.  Even if City is correct, in the judge’s opinion, Johnson objectively established that the May 2006 accident caused him significant cervical and psychiatric injuries from which he currently suffers.


….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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, January 24, 2024

Long COVID Continues as a Workplace Crisis

Long COVID continues to impact the lives of US workers. Millions of Americans live with long COVID and its many symptoms. These include fatigue, cognitive impairment (commonly referred to as muscle or joint pain, shortness of breath, heart palpitations, sleep difficulties, mood changes, and more. With millions of Americans suffering daily, more must be done to address this crisis.

Saturday, September 14, 2013

More than 1,100 have cancer after 9/11


Today's post was shared by WCBlog and comes from www.cnn.com

Reggie Hilaire was a rookie cop on September 11, 2001.

He worked at ground zero for 11 days beside his colleagues -- many of them, including Hilaire, not wearing a mask. He was later assigned to a landfill in Staten Island, where debris from the World Trade Center was dumped.

For about 60 days between 2001 and 2002, the New York police officer was surrounded by dust.

In 2005, Hilaire was diagnosed with thyroid cancer. He underwent surgery and radiation. Just months later his doctor told him he also had multiple myeloma, a blood cancer that multiplies the body's plasma cells to dangerous levels.

It's a cancer that usually strikes much later in life. Hilaire was 34.

More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention.

A few months ago Hilaire received a letter from the CDC's National Institute for Occupational Safety and Health, officially offering him medical insurance under the World Trade Center Health Program. About 1,140 people have been certified to receive cancer treatment under the WTC Health Program, a representative told CNN.

These are the first numbers released since the program was expanded a year ago.

In September 2012, federal health authorities added 58 types of cancer to the list of covered illnesses for people who were exposed to toxins at the site of the World Trade Center in the aftermath of the 9/11 attacks.

Dr. John Howard,...

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Found on



Related articles
Night Shift Work Causally Linked to an Increase in Breast Cancer (workers-compensation.blogspot.com)
What To Say When Mom Or Dad Has Cancer (workers-compensation.blogspot.com)
Statement on malignant mesothelioma in the United Kingdom (workers-compensation.blogspot.com)
NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim (workers-compensation.blogspot.com)
Occupational exposures to carcinogenic substances: tetrafloroethylene (workers-compensation.blogspot.com)
Examples of risk factors for lung cancer include - (workers-compensation.blogspot.com)


Friday, March 4, 2022

Legislation Would Improve Access To Resources And Education For People Living With Long COVID

Long-COVID, Post Acute COVID Syndrome. [PASC] is a compensable illness that many workers now suffer from and seek workers’ compensation benefits. The medical condition affects approximately one-third of those who have contracted COVID. It is a  costly and incapacitating condition that lingers long after the acute stage of SARS-CoV-2 passes. 

Wednesday, October 23, 2013

Questioning Statins for Older Patients

Limiting medication can reduce overall patient care costs. The efficacy of controlling cholesterol in the "very old" population is now being discussed. Today's post was shared from the NYTimes.com.

Should older adults take statins if they have elevated cholesterol but no evidence of heart disease? It’s a surprisingly controversial question, given the number of seniors taking statins.

Recently AMDA, a professional group representing physicians working in nursing homes, highlighted the issue in a list of five questionable medical tests and treatments. The list was drawn up as part of the national “Choosing Wisely” campaign, which alerts consumers to inappropriate or overused medical interventions, an effort that caregivers would do well to follow.

The standout item on the AMDA list: “Don’t routinely prescribe lipid-lowering medications in individuals with a limited life expectancy.” That means anyone older than 70, according to the medical society.

Dr. Hosam Kamel, an Arkansas geriatrician who is vice chair of AMDA’s clinical practice committee, said that there is scarce scientific evidence supporting the use of statins by 70- or 80-year-olds without pre-existing cardiovascular disease. Only a handful of studies have focused on outcomes (heart attacks, strokes, premature death) in this older population.

Most of the data on the benefits of statin use come from larger studies that looked at adults of varying ages. The results...
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Thursday, November 28, 2013

Dying Young: Why your Social and Economic Status May be a death sentence in America

Lisa F. Berkman, Ph.D., Thomas D. Cabot Professor of Public Policy and Epidemiology, Director, Harvard Center for Population and Development Studies 
I will discuss two issues today. First, I will describe trends in U.S. life expectancy and the unequal distribution of mortality risk by socioeconomic status in the United States. Secondly, I will elaborate on options for improving the nation’s health, especially related to labor policies for low wage workers. I will frame our options for improving health in terms of what we can do to create a healthy population and prevent disease. 
Subcommittee on Primary Health and Aging Hearing on “Dying Young: Why your Social and Economic Status May be a death sentence in America” 
November 20, 2013 
First, U.S. overall life expectancy—that is the expected number of years someone born today can expect to live—has lost ground compared to that of other nations in the last decades, especially for women. I was a member of a recent National Academy of Science Panel on diverging trends in longevity. It found that the U.S. ranked at the bottom of 21 developed, industrialized nations1 and poor rankings were particularly striking for women. In 1980’s our rankings were in the middle of OECD countries in this study. While it is true that LE improved during this time from by 5.6 years for men and 3.6 years for women, other countries gained substantially more in terms of life expectancy, leaving us behind. Furthermore, almost all those gains were concentrated among the most socioeconomically advantaged segments of the U.S. population. And they were more substantial for men than for women. The poorest Americans experienced the greatest health disadvantage compared to those in other countries2,3. At a recent NIH conference, the discussion was focused on the steps required for the US to reach just the OECD average in the next 20 years—not even the top. It seems we have given up on achieving better than average health. 
More concerning is the widening gap in mortality—or risk of death—between those at the bottom and at the top in the US. These gaps have widened over the last 25 years. These patterns are evident whether we look at education, income or wealth differentials, but because the evidence is clearest that education itself is causally linked to health and functioning4,5, I will focus on these associations. For instance, the mortality for men with less than a high school education in 2007, was about 7 per 100. For those with 16 years or more of education, the rate was less than 2 per 100. This corresponds to a three and half fold risk of dying in 2007, compared to 2.5 times the risk in 1993. For less educated women, their mortality risk actually increased absolutely during this time giving rise to an increased risk from 1.9 to 3 in 20076 and this pattern holds even if we confine our analyses to white women7. While it is true that fewer adults are in the less educated pool in later years, giving rise to questions about selection issues, it is also true that adults in the highest educated categories have grown over this same time suggesting increased compositional heterogeneity in these groups. Overall while selection into education level occurs, it accounts for only a small part of this widening gap. 
While mortality gaps in socioeconomic status have existed for centuries, the magnitude of these differences has grown substantially over time in the United States. These widening disparities suggest that either disparities in the underlying determinants of illness and mortality have also been growing over time or that support to buffer these stressful conditions has changed. In either case, while we may not be able to eliminate health disparities, the fact that the size of the risks varies so much suggests that such large inequalities are not inevitable or innate and, gives hope that there are ways to reduce the burden of illness for our most vulnerable citizens. 
Now, using a public health framework, I discuss the identification of health risks. While health insurance and access to medical care help reduce risks of financial catastrophe and can improve the health of those suffering from illness, health care alone cannot ensure good health and prevent the onset of disease. To illustrate this point, we can think of the aspirin/headache analogy. “While Aspirin cures a headache, lack of aspirin is not the cause of headaches.” Headaches are not caused by aspirin deficiency— to reduce headaches we need to focus on what causes headaches. This is what prevention and public health approaches offer. Obviously it would be better to maintain health than have to treat illness once it occurs. Treatments are financially very costly, but more importantly, waiting to treat disease is costly to the quality of lives of all Americans. 
What would be required to produce better health among Americans and reduce socioeconomic disparities in health? What do poor socioeconomic conditions influence that could cause such increased risk across such a huge number of diseases across all age groups from the infancy to old age? You are all probably thinking about the usual suspects— smoking, poor diet, and lack of exercise. I’m not going to focus on these usual suspects today, not because I don’t believe they pose substantial risks to health, but because we know that it is very hard to change these behaviors without considering the social and economic conditions that shape them. These social and economic conditions are fundamental determinants of health because they influence so many behaviors and access to so many opportunities and resources. Change here will influence a number of channels leading to increased mortality risk. In my testimony I will focus on one of these conditions relating to participation in the labor market 
Several years ago, I embarked on a study to assess the relationships between employment, family dynamics and health. We found that employment was almost always associated with better health. These associations lasted well into old age.
Women who had the lowest mortality risk in later adulthood had spent some time out of the labor market (a few years over the career path) but maintain steady labor force participation for most of their lives until retirement. Drawing on data from the Health and Retirement Study, we find that the among married mothers, those who never worked had an age-standardized mortality rate of 52.6 whereas mothers who took some time off when their children were young but who later joined the work force and mortality rates of around 40. Single mothers who never worked had the highest mortality of 98 compared to 68 for single mothers who worked. 
Selection into the labor force may account for some of this association, but more experimental evidence confirms the positive health benefits of working especially for low-income women and men. 
For example, the EITC is associated with improvements in infant health and decreases in smoking among mothers8. In an analysis of state variation in the Earned Income tax Credits (EITCs) between 1980 and 2002, Strully finds that EITC’s increase birth weights by, on average, 16 grams. To put that in context, it is equal to about a third of the association between birth weight and having a mother with a high school degree. Living in state with EITC reduces the odds of maternal smoking by 5%, and increases mother’s odds of working and increases her wages and salary. 
Recent evidence from a several studies of maternity leave policies in the United States and Europe suggests that, by protecting employment among mothers in the period around birth, maternity leave leads to better long-term labor market outcomes after maternity including wage level and growth, career prospects, labor market attachment and employability9,10,11,12. Thus not only may maternity leave benefit children and mothers around the period of birth, they may have on term benefits for mothers that extend for decades in later adulthood. 
In an observational study of employees in long term care facilities, we found that workers whose managers were attentive to work-family issues had half the cardiovascular risks as assessed by objective biomarkers from blood or clinical exam and healthier patterns of sleep compared to those who worked for less family-friendly managers13. Specifically, employees whose managers maintained family friendly practices were less likely to be overweight, had lower risk of diabetes and lower blood pressure. Based on objective measures of sleep using actigraphy monitors, these same employees slept almost 30 minutes more per night than their counterparts. For nurses and certified nursing assistants in low and middle wage jobs, these are important risks to which they were exposed. 
Such research suggests that labor policies and practices that support men and women in the labor force and especially help those with caregiving obligations are health promoting. These policies and practices have health effects that are not often “counted” as we think about their costs and benefits. Men and women will need opportunities and flexibility and schedule control to enter and remain in the labor force given the inevitability of having to care for children, parents, or partners at some point in time. Our goal for women should be to enable them to be successful in their productive as well as reproductive lives. Right now, we make this very difficult. Our labor policies challenge working class families to remain committed to work and to their families. For example, over half (54%) of low wage earners lack sick leave or vacation to take care of families and around 30% of middle income families lack such leave14. Even fewer have parental leave. 
We have shown that we can identify the socioeconomic disparities in health with some precision. Solutions that help to maintain low and working class men and women in the paid labor force have clear health benefits. The EITC, pro-family work policies and practices and parental leave are examples of polices that impact health of low income working families. Targets enabling adults to participate in the paid labor force while not risking the health and wellbeing of their family members show particular value. Metrics for evaluating social and economic policies do not currently include health metrics. The health spillovers of such policies would increase the benefits of such policies in any cost-benefit equations. We want to ensure that Americans, particularly those living in poverty and working class families aren’t robbed of healthy years of life. 
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1 National Research Council (US) Panel on Understanding Divergent Trends in Longevity in High-Income Countries; Crimmins EM, Preston SH, Cohen B, editors. Explaining Divergent Levels of Longevity in High-Income Countries. Washington (DC): National Academies Press (US); 2011. Available from: http://www.ncbi.nlm.nih.gov/books/NBK62369/ 
2 Avendano M, Glymour MM, Banks J, Mackenbach JP. Health disadvantage in US 
adults aged 50 to 74 years: a comparison of the health of rich and poor Americans 
with that of Europeans. Am J Public Health. 2009 Mar;99(3):540-8. doi: 
10.2105/AJPH.2008.139469. Epub 2009 Jan 15. PubMed PMID: 19150903; PubMed Central PMCID: PMC2661456. 
3 Banks J, Marmot M, Oldfield Z, Smith JP. Disease and disadvantage in the 
United States and in England. JAMA. 2006 May 3;295(17):2037-45. PubMed PMID: 
16670412. 
4 Lleras-Muney, Adriana. "The Relationships Between Education And Adult Mortality In The United States," Review of Economic Studies, 2005, v72(250,Jan), 189-221. 
5 Glymour MM, Kawachi I, Jencks CS, Berkman LF. Does childhood schooling affect 
old age memory or mental status? Using state schooling laws as natural 
experiments. J Epidemiol Community Health. 2008 Jun;62(6):532-7. doi: 
10.1136/jech.2006.059469. PubMed PMID: 18477752; PubMed Central PMCID: 
PMC2796854. 
6 Ma J, Xu J, Anderson RN, Jemal A (2012) Widening Educational Disparities in Premature Death Rates in Twenty Six States in the United States, 1993–2007. PLoS ONE 7(7): e41560. doi:10.1371/journal.pone.0041560 
7 Montez JK, Hummer RA, Hayward MD, Woo H, Rogers RG. Trends in the Educational Gradient of U.S. Adult Mortality from 1986 to 2006 by Race, Gender, and Age Group. Res Aging. 2011 Mar;33(2):145-171. PubMed PMID: 21897495; PubMed Central PMCID: PMC3166515. 
8 Strully KW, Rehkopf DH, Xuan Z. Effects of Prenatal Poverty on Infant Health: 
State Earned Income Tax Credits and Birth Weight. Am Sociol Rev. 2010 Aug 
11;75(4):534-562. PubMed PMID: 21643514; PubMed Central PMCID: PMC3104729. 
9 Brugiavini, A., Pasini, G. and E. Trevisan (2013) "The direct impact of maternity benefits on leave taking: evidence from complete fertility histories", Advances in life course research, 18: 46-67 
10 Rossin M. The effects of maternity leave on children's birth and infant health 
outcomes in the United States. J Health Econ. 2011 Mar;30(2):221-39. doi: 
10.1016/j.jhealeco.2011.01.005. Epub 2011 Jan 18. PubMed PMID: 21300415; PubMed Central PMCID: PMC3698961. 
11 Rossin-Slater M, Ruhm CJ, Waldfogel J. The effects of California's paid family 
leave program on mothers' leave-taking and subsequent labor market outcomes. J 
Policy Anal Manage. 2013;32(2):224-45. PubMed PMID: 23547324; PubMed Central 
PMCID: PMC3701456. 
12 Ruhm CJ. Policies to assist parents with young children. Future Child. 2011 
Fall;21(2):37-68. PubMed PMID: 22013628; PubMed Central PMCID: PMC3202345. 
13 Berkman LF, Buxton O, Ertel K, Okechukwu C. Managers' practices related to 
work-family balance predict employee cardiovascular risk and sleep duration in 
extended care settings. J Occup Health Psychol. 2010 Jul;15(3):316-29. doi: 
10.1037/a0019721. PubMed PMID: 20604637; PubMed Central PMCID: PMC3526833. 
14 Heymann SJ. The Widening Gap: Why Working Families Are in Jeopardy and What Can Be Done About It. New York: Basic Books, 2000.