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

Wednesday, September 25, 2013

Chart of the Day: Hands-Free Talking Is as Bad as Talking on a Handset. Maybe Even Worse.

Distracted driving doesn't get better by the use of hands free technology. Today's post was shared by Mother Jones and comes from www.motherjones.com


Michael O'Hare points us this morning to a study of cell phone usage in cars that confirms the obvious: it's dangerous. More dangerous than driving drunk, in fact. What's more, as the chart on the right shows, hands-free talking doesn't help. In fact, for certain
tasks it makes things even worse. O'Hare explains what's going on:
To understand the reason, consider driving while (i) listening to the radio as I was (ii) conversing with an adult passenger (iii) transporting a four-year-old (iv) sharing the front seat with a largish dog.
Why are the first two not dangerous, and the last two make you tense up just thinking about them? 
The radio is not a person, and you subconsciously know that you may miss something if you attend to something in the road ahead, but also that you won’t insult it if you “listen away”, and it won’t suffer, much less indicate unease. The adult passenger can see out the windshield and also catch very subtle changes in your tone of voice or body language. 
If you stop talking to attend to the car braking up ahead, the passenger knows why instantly, and accommodates, and because you know this, you aren’t anxious about interrupting the conversation. The dog and the child, in contrast, are completely unaware of what’s coming up on the road or what you need to pay attention to; the former is happy to jump in your lap if it seems like a good idea at any moment, and the child demands attention on her own schedule and at...
[Click here to see the rest of this post]

Friday, August 30, 2013

Texting a Message to A Driver Imposes Liability for an Accident

In an unanimous decision a NJ Appellate Court held a texter potentially liable for causing a motor vehicle accident:

"The issue before us is not directly addressed by these
statutes or any case law that has been brought to our attention.
"We must determine as a matter of civil common law whether one
who is texting from a location remote from the driver of a motor
vehicle can be liable to persons injured because the driver was
distracted by the text. We hold that the sender of a text
message can potentially be liable if an accident is caused by
texting, but only if the sender knew or had special reason to
know that the recipient would view the text while driving and
thus be distracted.

"In this appeal, we must also decide whether plaintiffs have
shown sufficient evidence to defeat summary judgment in favor of
the remote texter. We conclude they have not. We affirm the
trial court's order dismissing plaintiffs' complaint against the
sender of the text messages, but we do not adopt the trial
court's reasoning that a remote texter does not have a legal
duty to avoid sending text messages to one who is driving.

"We conclude that a person sending text messages has a 
duty not to text someone who is driving if the texter knows, or 
has special reason to know, the recipient will view the text 
while driving. But we also conclude that plaintiffs have not 
presented sufficient evidence to prove that Colonna had such 
knowledge when she texted Best immediately before the accident.

LINDA KUBERT AND DAVID
KUBERT,
Plaintiffs-Appellants,
v.
KYLE BEST, SUSAN R. BEST,
EXECUTRIX OF THE ESTATE OF
NICKOLAS J. BEST, DECEASED,
Defendants,
and
SHANNON COLONNA,

Defendant-Respondent.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1128-12T4
August 27, 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.

Read more about "texting" and workers' compensation:
Jul 31, 2009
New technology encroaching upon the workplace has been both a help and a hindrance. Recent studies add to the growing volumes of data reporting that the use of cell phones while driving provides a significant distraction ...
Feb 11, 2011
A workers compensation claim filed by a state trooper for injuries he sustained while texting and speeding 126 miles per hour that resulting in a fatal accident with oncoming teenagers, a driver and a passenger, has drawn ...
Apr 29, 2011
CDC urged employers to prohibit texting while driving. A safety initiative by employers will go along way to reducing workers' compensation costs. "What is already known on this topic? Highway transportation crashes are the ...
Apr 18, 2011
Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving. It is the intention of OSHA to provide education and ...

Saturday, August 24, 2013

Silica: A Long Overdue Proposal

The long awaited "Silica standard" for workers has been proposed by OSHA. This post is shared from Dr. David Michaels,  Assistant Secretary for Occupational Safety and Health.
Alan White is a 48-year-old foundry worker from Buffalo, N.Y. – he’s in the local steelworkers union, employed at the same foundry where his father also worked. He just became a grandfather. Three years ago, Alan went to a doctor who did a series of tests and told him that he had contracted silicosis, a debilitating lung disease he got from being exposed to silica at his job.
I met Alan last year on a trip he made to Washington to talk about how he got silicosis and the effects of the disease on his life. This is what he told me:
“I don’t smoke, I don’t drink, I eat organic foods, I don’t eat much red meat. Now I know that my lifestyle probably won’t benefit my long-term health because of the devastating effects of silica exposure. As a new grandfather, I probably will not be able to run with my grandchild through the park as I had hoped.  Even simple tasks like walking and talking on a cell phone are difficult and my outlook is downhill from here.”
Earlier today, the Occupational Safety and Health Administration proposed a new rule to protect workers from silica exposure, and we’re reaching out to stakeholders for their help to develop a final rule with effective solutions that will protect workers like Alan.
X-Ray of silicosis in lungs
Healthy lungs vs. silicosis
Crystalline silica kills hundreds of American workers and sickens thousands more each year. These very small silica dust particles are hazardous when workers breathe them in. They can cause silicosis – an incurable and progressive disease. Workers can be exposed to airborne silica dust from cutting, sawing, drilling and crushing concrete, brick, block and other stone products. They also can be exposed during operations that use sand products such as glass manufacturing, sand blasting and −as in Alan’s case −foundry work.

Wednesday, August 14, 2013

The Reverberating Impact of Low Wages

Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org

A recent vote by the Washington D.C. City Council requires large retailers to pay a minimum hourly wage of $12.50 an hour—$5.25 more than the current minimum wage of $7.25 nationally and $8.25 in D.C.— and the decision received wide attention, especially when retailers planning to build new stores in the city said they’d pull the plug on the projects if required to pay the higher salaries. But at least two recent magazine articles explain why there’s been a fervent recent push to try to push up the wages of those in low-paying jobs. New York Magazine recently surveyed 100 fast food restaurant employees in that city and asked, among other things, “can you live off your paycheck?” The answer appears to be no. The average pretax monthly pay for the surveyed workers was $984 while average monthly expenses including rent, utilities, groceries and cell phone bills was $1,115—which adds up to $131 more in expenses than pay.

Bonus Link: Why does income matter to health? See a NewPublicHealth infographic on how stable jobs and income lead to healthier lives.

And last weeks’ New Yorker Magazine added heft to the need to look at the current minimum wage rate, in light of just how critical that income is to many households. According to the article, while low-wage retail jobs were once squarely aimed at high school students looking for pocket money and those looking for supplemental income, in the last few years of stiff unemployment,...

[Click here to see the rest of this article]

Thursday, August 8, 2013

OSHA's Distracted Driving Initiative

Today's post was shared by US Dept. of Labor and comes from www.osha.gov
Welcome to OSHA's Distracted Driving Page!
  • Check out the agency's new distracted driving business brochure on OSHA's publications page.
  •  
  • View winning student-produced public service announcement, "Texting and Driving," from Oregon OSHA co-sponsored video contest to promote young worker safety and health. Read news release [48 KB PDF, 2 pages].
OSHA partners in conference on distracted driving
OSHA Assistant Secretary David Michaels spoke at the Symposium on Prevention of Occupationally-Related Distracted Driving held April 18, 2011, in Laurel, Md. Distracted driving, including texting while driving and cell phone use, is a major cause of motor vehicle crashes. This symposium brought together a variety of stakeholders interested in reducing work-related driving distractions and generated recommendations for action, including new directions for research. The Johns Hopkins Education and Research Center for Occupational Safety and Health and the National Institute for Occupational Safety and Health in partnership with OSHA, the Department of Transportation and the Johns Hopkins Center for Injury Research and Policy hosted the symposium which included presentations, interactive discussions, opportunities for networking and demonstrations of training materials.

U.S. Department of Labor
Assistant Secretary for
Occupational Safety and Health
Washington, D.C. 20210
October 4, 2010
Dear Employer:
Distracted driving has become an epidemic in the United States, and its often fatal...
[Click here to see the rest of this article]

Friday, July 19, 2013

Privacy: Workers' Compensation Health Data Heading for Electronic Storage

Medical records are a significant aspect of workers' compensation claims and storing them is a significant issue. As claims are filed and litigation is pursed, medical records become critical evidence in evaluation claims and adjudicating decisions.

With the explosion of electronic medical records mandated by The Patient Protection and Affordable Health Care Act, the secure storage. retrieval and dissemination of medical records has become a challenge. Even though The Health Insurance Portability and Accountability Act of 1999 (HIPPA) mandates a privacy exclusion for workers' compensation claims, the medical records must remain protected and secure to maintain integretary and avoid unlawful access.

Missing from the equation are regulations from workers' compensation agencies to provide for the security and integrity of the records that have been widely disseminated within the workers' compensation system.

One company has has built a "Bunker" for health records.

Saturday, June 22, 2013

Distracted Walkers Are a Workplace Hazard

Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones.  Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.

Read: Distracted Walking: Injuries Soar for Pedestrians on Phones 

Cell Phone Use Not Just Dangerous for Drivers, Study Finds

"More than 1,500 pedestrians were estimated to be treated in emergency rooms in 2010 for injuries related to using a cell phone while walking, according to a new nationwide study."

Thursday, June 13, 2013

Apple Is Moving Distracted Driving Into High Gear

Transportation accidents account for a high proportion of work-related fatalities, and Apple's announcement with week of increasing the access of iCar-Technology into the automobile is raising serious concerns among safety lobbyists.

Workers' compensation insurance companies in co-ordination with the US Department of
IOS in the Car
Heavy Integration Announced
at Apple Conference
Transportation (DOT) have made major efforts over the last few years to target distracted driving as a major safety issue to avoid serious accidents and ultimately save lives and reduce insurance costs. The DOT reports, "Distracted driving is a dangerous epidemic on America's roadways. In 2011 alone, over 3,000 people were killed in distracted driving crashes."

As of June 2013, 41 state, the District of Columbia, and Guam ban text messaging for all drivers. Also, 11 states, the District of Columbia, and the Virgin Islands, prohibit all drivers from using handheld phones while driving.

Wednesday, May 29, 2013

US Publishes Guidelines to Minimize Distracted Driving

Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce visual-manual distraction - the greatest safety risk to drivers in NHTSA's new study

U.S. Transportation Secretary Ray LaHood today released distraction guidelines that

encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

Thursday, April 11, 2013

Digital Identification: Is Your Employer Going to Take Your Digital Finger Prints, Iris Scans or Face ID

The technology to digitally capture and store an individual's personal biometric identifiable information is growing at a rapid pace. Employers, medical providers and even government agencies have become frustrated by the outlawed use of Social Security numbers as means of identification.

A simple and easily used application has now become available to collect this data through an iPhone. Balacing workers' privacy against the administration of a workers' compensation system has certainly become even more challending. The use of national and international databases for the collection, dissemination and use of this type of data publically, strikes fear in the hearts of injured workers and they become even more reluctant to report both saftey concerns and injuries to employers for fear of discrimination and retaliation.

"The California-based company AOptix rolled out a new hardware and app package that transforms an iPhone into a mobile biometric reader. As first reported by Danger Room in February, AOptix is the recipient of a $3 million research contract from the Pentagon for its on-the-go biometrics technology."

Read he Complete Article::  Now Your iPhone Can Read Fingerprints, Scan Irises and ID Your Face (Wired)

Friday, February 8, 2013

What To Do Before A Major Snow Storm Strikes

As weather forecasters begin to label the impending Northeast Snowstorm as "The Snowstorm of the Century" employers and employees at taking preparations to avoid adverse exposures and serious injurieis during a time of cold and stress.The US Centers for Disease Control has announced a preparatory list of things to be done in advance of the storm.

Stock up on emergency supplies for communication, food, safety, heating, and car in case a storm hits.

Communication Checklist

  • Make sure you have at least one of the following in case there is a power failure:
  • Find out how your community warns the public about severe weather:
    • Siren
    • Radio
    • Television
  • Listen to emergency broadcasts.
  • Know what winter storm warning terms mean:
    • Winter Weather Advisory: Expect winter weather conditions to cause inconvenience and hazards.
    • Frost/Freeze Warning: Expect below-freezing temperatures.
    • Winter Storm Watch: Be alert; a storm is likely.
    • Winter Storm Warning: Take action; the storm is in or entering the area.
    • Blizzard Warning: Seek refuge immediately! Snow and strong winds, near-zero visibility, deep snow drifts, and life-threatening wind chill.

Thursday, December 20, 2012

Mercury to be Removed by US EPA From Pompton River in NJ

The US EPA has announce that mercury, a hazardous substance, that was dischardged by EI DuPont in the Pompton River in NJ will be removed. For decades it has been known that mercury exposure causes illness and injury to workers.

The U.S. Environmental Protection Agency today announced its plan to remove mercury contamination from the sediment of the Acid Brook Delta of Pompton Lake in Pompton Lakes, New Jersey to levels that meet stringent standards to protect people’s health and the environment. The plan will go into effect as a modification of a permit, which legally requires the E.I. du Pont de Nemours & Company, Inc. to fund and perform the work. Under the permit modification, the EPA will require DuPont to dredge at least 100,000 cubic yards of mercury contaminated sediment from the bottom of a 40-acre area of Pompton Lake and remove at least 7,800 cubic yards of contaminated soil from a shoreline area of the lake affected by DuPont’s past discharges. All of the sediment and soil will be sent to a licensed disposal facility.

Mercury in the sediment and soil can build up in the tissue of fish and other wildlife and pose a threat to people who eat them. Exposure to mercury can damage people’s nervous systems and harm the brain, heart, kidneys, lungs and immune systems.

“The removal of mercury-contaminated sediment from Pompton Lake is a major step toward the recovery of the lake and the protection of people’s health,” said EPA Regional Administrator Judith A. Enck. “The expanded dredging and other revisions in the final cleanup plan reflect the EPA’s commitment to protecting public health and improving environmental quality in Pompton Lakes.”

In November 2011, the EPA proposed a preliminary permit modification to remove contaminated sediment from the bottom of Pompton Lake and encouraged the public to comment on it. A public hearing on the proposed permit modification was held in January 2012. The final permit modification announced today incorporates changes that were made in response to comments from the public and the U.S. Fish and Wildlife Service and additional technical information received from DuPont after the proposed permit modification was issued. A public meeting to discuss the permit modification for the Acid Brook Delta of Pompton Lakes will be held on January 15, 2013.

Under the final permit modification, the area of sediment that will be removed has been expanded by approximately 35% and sediment sampling is required to identify additional areas of the lake that may require the removal of mercury-contaminated sediment. In addition, DuPont is required to implement long-term monitoring of the effectiveness of the dredging, restore the soil between Lakeside Avenue and the edge of the lake, and perform an ecological risk assessment to determine whether additional action may be needed in the future. DuPont will be required to develop work plans for these requirements, which must be submitted to the EPA for approval. The cleanup will be financed and conducted by DuPont with EPA oversight.

The E.I. du Pont de Nemours & Company, Inc. operated the Pompton Lakes Works facility, located at 2000 Cannonball Road, from 1902 to April 1994. Products manufactured at the facility included explosive powder containing mercury and lead, detonating fuses, electric blasting caps, metal wires and aluminum and copper shells. The manufacturing operations and waste management practices contaminated soil, sediment and ground water both on and off-site. Lead and mercury from its operations were released into Acid Brook, which flows through the eastern part of the facility and discharges into the Acid Brook Delta of Pompton Lake. DuPont’s operations also contaminated the ground water with chlorinated volatile organic compounds, such as tetrachloroethylene, trichloroethylene, cis 1,2-dichloroethylene and vinyl chloride.

The cleanup of the Acid Brook Delta requires a modification of the permit under the federal Resource Conservation and Recovery Act. The final permit modification will become effective on February 4, 2013 pending any requests for appeal submitted prior to that date.

Plans to clean up the remaining areas of contamination will be proposed through future permit modifications after ongoing investigations by DuPont have been completed and reviewed by the EPA and the New Jersey Department of Environmental Protection. Opportunities for public participation will continue to be provided through regular updates, public notices and public meetings.

The permit modification and relevant documents are available at the EPA’s project website at:http://www.epa.gov/region02/waste/dupont_pompton/index.html.

The public also can review documents related to the permit modification and cleanup at:
Pompton Lakes Public Library
333 Wanaque Avenue, Pompton Lakes, New Jersey
(973) 835-0482
http://www.pomptonlakeslibrary.org/index.htm


....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 

Read more about "Mercury" and workers' compensation
Nov 26, 2012
Irving J. Selikoff Center for Occupational & Environmental Medicine at Mount Sinai School of Medicine has released a guide to treatment for elemental mercury ((the pure form of the metal, when it is not combined with other ...
Mar 05, 2010
For example, nearly 70 years ago, on December 1, 1941, the U.S. Public Health Service ended mercury's use by hat manufacturers in 26 states through mutual agreements. The kinds of conditions that put hat-makers and ...
May 09, 2012
The U.S. Environmental Protection Agency will discuss plans to address high levels of contaminants, including PCBs, mercury and dioxin, which are present in Passaic River mud adjacent to Riverside Park in Lyndhurst, New ...
Aug 09, 2012
They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury. The long-awaited Interphone study, a major inquiry into the ...

Saturday, December 15, 2012

Breast Cancer Linked to Workers' Exposure at Semiconductor Factory

A semiconductor plant worker, who had been exposed to solvents and radiation while working 5 years at a semiconductor factory in South Korea has been held to have suffered an compensable disease related to her exposure at work. The 36 year old women was employed between 1995 and 2000 at plant. Three years after contracting breast cancer she died. Workers' Compensation benefits were awarded.

Recent studies have associated exposure to solvents as an increased risk factor for breast cancer.

"Endocrine disrupting chemicals and carcinogens, some of which may not yet have been classified as such, are present in many occupational environments and could increase breast cancer risk. Prior research has identified associations with breast cancer and work in agricultural and industrial settings. The purpose of this study was to further characterize possible links between breast cancer risk and occupation, particularly in farming and manufacturing, as well as to examine the impacts of early agricultural exposures, and exposure effects that are specific to the endocrine receptor status of tumours."

Breast cancer risk in relation to occupations with exposure to carcinogens and endocrine disruptors: a Canadian case--control study
Environmental Health 2012, 11:87 doi:10.1186/1476-069X-11-87 Published: 19 November 2012


Read more about "Breast Cancer" and occupational exposures:
Dec 05, 2012
Susan G. Komen for the Cure® asked the IOM to review the current evidence on breast cancer and the environment, consider gene–environment interactions, review the research challenges, explore evidence-based actions ...
Nov 23, 2012
"A growing body of scientific evidence suggests that mammary carcinogens and/or EDCs contribute to the incidence of breast cancer. Yet there remain gaps and limitations. This exploratory population-based case–control ...
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
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 ...

Friday, December 14, 2012

Privacy: Cell Phone Not Protected From Search

A Federal Court of Appeals has ruled that data stored on a cell is not protected from a governmental search and inspection. Over the last few years the privacy of e-mail was called into question, however the now the permitter of permitted inspection has expanded to include the data store of cell phones, whether it be photos or text.

"We conclude that the Stored Communications Act, which prohibits accessing without authorization a facility through which an electronic communication service is provided and thereby obtaining access to an electronic communication while it is in electronic storage, does not apply to data stored in a personal cell phone."

Fannie Garcia v City of Orlando (No. 11-41118) (5th Cir 2012) Decided 12/12/12


Read more about "privacy"


Workers' Compensation: Privacy: Why Injured Workers Are Stalked ...
Apr 30, 2012
Privacy: Why Injured Workers Are Stalked With Junk Mail and Nuisance Calls. Data sharing is a major problem and its effect on injured workers is becoming more acute. When injured workers contact providers for "more ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Privacy, Clients and Social Media DiscussionApr 14, 2011
Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
http://workers-compensation.blogspot.com/

Facebook, Organ Donations and Medical Privacy of Workers ..May 07, 2012
The announcement of Facebook to allow for the public listing of organ donors of it social media site, albiet with good intentions, raises concerns about the privacy of workers' compensation claims as the organs could become ...
http://workers-compensation.blogspot.com/

Major California Medical Record Privacy Breach DisclosedAug 23, 2011
The lack privacy of medical records in workers' compensation claims has perpetually been a huge concern for workers since Congress ignored requests to protect their dissemination. A recent disclosure in California that the ...
http://workers-compensation.blogspot.com/

Monday, December 10, 2012

US Supreme Court to Determine Who is A Dependent

The US Supreme Court (SCOTUS) it's going to come intricately involved in determining who is a beneficiary  dependency benefits in workers' compensation claims when it renders it's decision on the validity of same-sex marriages. The decision to be rendered by SCOTUS will have tremendous impact on evaluating dependency benefits throughout the nation.

When an injury on the job injury dependency benefits or afforded to certain individuals. Those include statutory dependence such as spouses and children.

Dependency status confers an obligation by the insurance company/employer to pay benefits for extended periods of time. Dependency benefits are usually paid to the surviving spouse for the duration of their lifetime.

"The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in two cases dealing with same-sex marriage [JURIST backgrounder]. InHollingsworth v. Perry [docket; cert. petition, PDF] the court will consider the validity ofProposition 8 [JURIST news archive], a California referendum that revoked same-sex marriage rights. Same-sex marriage was briefly legal in California following a state Supreme Court decision and then overturned with a constitutional amendment created by Proposition 8. Early in the proceedings, the state of California declined to defend the law, and the backers of Proposition 8, ProtectMarriage.com [advocacy website], successfully intervened. The court will consider whether Proposition 8 is constitutional under the Equal Protection Clause of theFourteenth Amendment as well as if the Proposition 8 supporters had standing to intervene under Article III [LII Cornell backgrounders].

"The court also granted United States v. Windsor [docket; cert. petition, PDF], which examines the constitutionality of Section 3 of the Defense of Marriage Act (DOMA) [text; JURIST news archive]. The case concerns Edith Windsor [ACLU backgrounder], a widow who had a legal same-sex marriage under Canadian and New York law but was denied spousal deduction for federal estate taxes when her wife died. The Supreme Court will consider the constitutionality of DOMA under the Fifth Amendment [LII Cornell backgrounder]. Prior to her challenge, the US Department of Justice (DOJ) announced that it would no longer defend DOMA in courts, and in response, the US House of Representatives formed [JURIST reports] the Bipartisan Legal Advisory Group (BLAG) to defend the law. The court will also consider if BLAG had standing to intervene and if the DOJ's refusal to defend the law deprives the Supreme Court of jurisdiction. The Windsor court held homosexuals to an intermediate scrutiny standard of review. The other petitions concerning same-sex marriage remain on hold.


Excerpted from Jurist: Supreme Court to review constitutionality of same-sex marriage
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Read more about "dependency" and workers' compensation
Oct 26, 2012
The child of an infertile woman has yet another hurtle of proof to establish dependency status in a workers' compensation as the NJ Supreme Court decided that a formal adoption is necessary for an infertile woman to be ...
Jun 09, 2008
The NJ Supreme Court reversed a ruling of the Appellate Division and declared the Legislature's 2004 amendment to the workers' compensation act not to have retroactive application. The Amendment increased benefits to ...
Apr 20, 2009
Court Awards Dependency Benefits to Police Officer Who Committed Suicide. The dependents of a deceased police officer will receive benefits as a result of the officer's work-related suicide related to stress. Wilde v Township ...
Mar 21, 2012
The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a ...

Saturday, December 8, 2012

Dedicated Bike Lanes Can Prevent On-The-Job Injuries

Traffic accidents are major factors in the death of workers on the job. A recent report from the American Public Health Association reports that separate cycling lanes will prevent accidents.

Objectives. We compared cycling injury risks of 14 route types and other route infrastructure features.

Methods. We recruited 690 city residents injured while cycling in Toronto or Vancouver, Canada. A case-crossover design compared route infrastructure at each injury site to that of a randomly selected control site from the same trip.

Results. Of 14 route types, cycle tracks had the lowest risk (adjusted odds ratio [OR] = 0.11; 95% confidence interval [CI] = 0.02, 0.54), about one ninth the risk of the reference: major streets with parked cars and no bike infrastructure. Risks on major streets were lower without parked cars (adjusted OR = 0.63; 95% CI = 0.41, 0.96) and with bike lanes (adjusted OR = 0.54; 95% CI = 0.29, 1.01). Local streets also had lower risks (adjusted OR = 0.51; 95% CI = 0.31, 0.84). Other infrastructure characteristics were associated with increased risks: streetcar or train tracks (adjusted OR = 3.0; 95% CI = 1.8, 5.1), downhill grades (adjusted OR = 2.3; 95% CI = 1.7, 3.1), and construction (adjusted OR = 1.9; 95% CI = 1.3, 2.9).

Conclusions. The lower risks on quiet streets and with bike-specific infrastructure along busy streets support the route-design approach used in many northern European countries. Transportation infrastructure with lower bicycling injury risks merits public health support to reduce injuries and promote cycling.

Read More: http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2012.300762?journalCode=ajph&&


Read more about motor vehicle accidents and workers' compensation

Jul 25, 2012
Court Rules Site of Accident Invokes Exclusivity Rule. English: Motor vehicle accident following a ve... A NJ appeals court ruled that a motor vehicle accident cause by a co-worker in the emplyers' parking lot, before work had.
May 23, 2011
In 2009, motor vehicle crashes resulted in approximately 23,000 deaths to passenger vehicle occupants (excluding motorcyclists), and 2.6 million occupants were treated for injuries in emergency departments in the United ...
Nov 29, 2011
The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in ...
Apr 18, 2011
OSHA will investigate motor vehicle accidents, including cell phone records, and will issue citations and fine employers where an accident involved texting while driving. While OSHA has juridiction over employers, and not ...