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

Thursday, October 17, 2013

Outdoor air pollution: a leading environmental cause of cancer deaths

The specialized cancer agency of the WHO, the International Agency for Research on Cancer (IARC), announced that it has classified outdoor air pollution as carcinogenic to humans. The IARC evaluation concluded that there is sufficient evidence that exposure to outdoor air pollution causes lung cancer.

The specialized cancer agency of the World Health Organization, the International Agency for Research on Cancer (IARC), announced today that it has classified outdoor air pollution as carcinogenic to humans (Group 1).

After thoroughly reviewing the latest available scientific literature, the world’s leading experts convened by  the IARC Monographs Programme concluded that there is sufficient evidence that exposure to outdoor air  pollution causes lung cancer (Group 1). They also noted a positive association with an increased risk of  bladder cancer.

Particulate matter, a major component of outdoor air pollution, was evaluated separately and was also
classified as carcinogenic to humans (Group 1).

The IARC evaluation showed an increasing risk of lung cancer with increasing levels of exposure to
particulate matter and air pollution. Although the composition of air pollution and levels of exposure can vary dramatically between locations, the conclusions of the Working Group apply to all regions of the  world.

A major environmental health problem Air pollution is already known to increase risks for a wide range of diseases, such as respiratory and heart diseases. Studies indicate that in recent years exposure levels have increased significantly in some parts of the world, particularly in rapidly industrializing countries with large populations. The most recent data indicate that in 2010, 223 000 deaths from lung cancer worldwide resulted from air pollution.

The most widespread environmental carcinogen “The air we breathe has become polluted with a mixture of cancer-causing substances,” says Dr Kurt Straif, Head of the IARC Monographs Section. “We now know that outdoor air pollution is not only a major  risk to health in general, but also a leading environmental cause of cancer deaths.”

The IARC Monographs Programme, dubbed the “encyclopaedia of carcinogens”, provides an authoritative source of scientific evidence on cancer-causing substances and exposures. In the past, the Programme evaluated many individual chemicals and specific mixtures that occur in outdoor air pollution. These included diesel engine exhaust, solvents, metals, and dusts. But this is the first time that experts have classified outdoor air pollution as a cause of cancer.

“Our task was to evaluate the air everyone breathes rather than focus on specific air pollutants,” explains Dr Dana Loomis, Deputy Head of the Monographs Section. “The results from the reviewed studies point in the same direction: the risk of developing lung cancer is significantly increased in people exposed to air pollution.”

Wednesday, August 12, 2020

Hospital Workers Proven Exposed to Airborne COVID Virus

Proving causal relationship in a health worker COVID occupational disease claim has just been bolster by a recent report associating SARS-CoV-2 in aerosols in disease transmission. 

Saturday, January 29, 2022

Another Hurdle to Prove an Occupational Disease Claim

An attempt to restrict the admission of scientific evidence has been proposed on the Federal level. Even though states have maintained their independence for the most part on this issue, the suggested changes signal an emerging national effort to restrict further the admissibility of scientific evidence that may trickle down to the state judicial systems.

Saturday, January 24, 2015

Big Whistleblower Predictions for 2015

Today's ost is shaed from blogs.wsj.com/

About a year ago, we ran a post positing that 2014 would be huge for corporate whistleblowers on a number of fronts. The experts with whom we spoke then hit the nail on the head: every prediction came true.

They were right about more Securities and Exchange Commission whistleblower awards arriving (including one for a record $30 million-plus), False Claims Act cases hitting a new record and courts further defining who counts as a whistleblower.

Here what some whistleblower experts think may happen in the year ahead:

More focus on employment contracts. The SEC has said it is scrutinizing companies’ use of contracts that forbid employees from reporting suspected wrongdoing to the government. “That’s of very big interest to them,” said Rebecca Katz, a member at law-firm Motley Rice LLC and head of its SEC whistleblower practice.

That could mean the agency could take action against a company that has used these contracts, Ms. Katz said.

The SEC will likely continue to focus on whistleblower retaliation, said Jordan Thomas, partner and head of the whistleblower representation practice at law-firm Labaton Sucharow LLP. “It’s becoming a standard area of inquiry with cases involving whistleblowers,” he said.

Last year, the agency brought its first-ever whistleblower retaliation case against a hedge-fund advisory firm.

Companies may...


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Sunday, June 14, 2020

The Case for a Federal Response to Compensate Workers

Several recent studies highlight the inability of workers’ compensation based programs on a state level to provide a consistent and coherent response to a viral national pandemic such as COVID-19.

Wednesday, October 28, 2020

Nursing Homes Unprepared for the Winter Coronavirus Surge

As the coronavirus (SARS-CoV2) case numbers drastically rise throughout the United State, the lack of preparation becomes more obvious and the burden on the workers’ compensation programs will equally increase. Essential medical workers and their support staff may become in short supply.

Monday, October 14, 2013

U.S. asbestos imports condemned by health experts, activists

Today's post was shared by Linda Reinstein and comes from www.publicintegrity.org


More than 50 countries have banned asbestos, a toxic mineral used in building materials, insulation, automobile brakes and other products.

The United States isn’t one of them. Last year, according to the U.S. Geological Survey, 1,060 metric tons — more than 2.3 million pounds — came into the country, all of it from Brazil. “Based on current trends,” the USGS says, “U.S. asbestos consumption is likely to remain near the 1,000-ton level …”

Public health experts and anti-asbestos activists find this distressing.
Linda Reinstein, who lost her husband to mesothelioma, an especially virulent form of cancer tied to asbestos exposure, said she’s “appalled and disgusted that the United States still allows the importation of asbestos to meet so-called manufacturing needs.

Monday, October 6, 2014

U.S. Military Hospitals Are Ordered to Improve Care, Access and Safety

Today's post was shared by Take Justice Back and comes from www.nytimes.com



Defense Secretary Chuck Hagel ordered the military on Wednesday to improve access to treatment, quality of care and patient safety at its hospitals and clinics, giving underperforming hospitals four to six weeks to show how they will address shortcomings.
At a Pentagon news conference, Mr. Hagel said that the military’s 54 hospitals and hundreds of clinics in the United States and abroad deliver care that is comparable to that of an average civilian system.
“But we cannot accept average,” he said. In three pages of directives to the heads of the armed services, he ordered efforts to improve a system that outside experts described as awash in mediocrity, with pockets of excellence and trouble spots. By the end of the year, he said, the department will have a concrete plan for “the top performing system we all want and expect it to be.”
Mr. Hagel’s directives hew to the findings of a 645-page report that a panel of military and civilian experts produced after the secretary ordered a comprehensive review of a system that serves 1.35 million active-duty service members, as well as millions of family members and others. The study, released Wednesday, was motivated by a scandal over access to treatment in a separate hospital system managed by the Department of Veterans Affairs, and by months of inquiries by The New York Times into the quality and safety of military medical care.
Senior Defense officials stressed that the examination did not...
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Sunday, November 13, 2016

Weighing Genetic Factors in Cardiovascular Cases

Cardiovascular cases involving occupational risks are complicated causation proof issues in workers' compensation cases. The association of the work exposure and/or effort is usually a challenging proof battle where literature and medical experts are caught in a contentious duel.

Monday, August 10, 2020

Intentional Tort Claim Barred by the Exclusivity Rule

The New Jersey Workers Compensation Act (WCA), N.J.S.A. 34:15-1 to -146, generally prohibits employees from suing their employers for injuries sustained in workplace accidents. In a recent case the Court probed the boundaries of the "intentional wrong" exception to that general rule.

Thursday, June 14, 2012

National Experts Call Workers Compensation System Irrational and Unjust

National workers' compensation experts, Law school Dean Emily A. Spieler and Professor John F. Burton, in a recently published article in the American Journal of Industrial Medicine conclude that the present that the present  workers' compensation systems is "irrational" and "unjust." 

Characterizing the program as "....dizzying and frustrating in its complexity, and apparent irrationality,"   they conclude that "a substantial proportion of persons with work-related disabilities do not receive workers' compensation benefits." They review such alternatives as universal medical care, "providing healthcare to workers regardless of the source of injuries or disease."


Related Articles on Alternative Compensation Programs
Dec 23, 2010
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally ...
Feb 15, 2011
In December 2010 US Congress passed and President Obama signed, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program.
Jul 05, 2010
The trend toward Federalization of workers' compensation benefits took a giant step forward by recent Presidential action creating the British Petroleum Oil Compensation Fund. While the details remain vague, the broad and ...
Jul 13, 2010
As The Path To Federalization expands, this debate will expand. A recent study by the Center for American Progress addresses these concerns. "Health threats from the oil spill may linger unseen, perhaps for more than a ...

Mar 16, 2011
Historically The Federal government's role has been to rise to the occasion and walk further down a path to federalization. On a smaller scale than the potential consequences of the Japanesse debacle, the US was first in line ...
Mar 05, 2011
Nationally, advocates to improve the delivery of medical benefits to injured workers have urged federalization of the medical delivery system into a single payer approach through universal health care. ... Compensation Claim Draws Major Public Attention (workers-compensation.blogspot.com); Vermont Governor Sets Out to Lead U.S. to True Universal Coverage (huffingtonpost.com); The World Trade Center Health Program Expands The Path to Federalization ...

Monday, January 27, 2014

Study: working-age adults more susceptible to severe flu

Today's post is shared from cidrap.umn.edu

Working-age adults who have diabetes are more susceptible to severe flu infections, according to a study from University of Alberta researchers who published their findings in Diabetologia. The group's goal was to compare flu levels in adults with and without the disease to help fill in knowledge gaps that underlie vaccination recommendations.

The team cohort study used data from Manitoba, Canada, from 2000 to 2008. All working-age adults were identified and paired with two nondiabetic controls.

Researchers looked at clinic visits, hospitalizations for pneumonia and flu, and all-cause hospitalization. Their analysis included 745,777 person-years of follow-up among 166,715 subjects. Those who had diabetes were more likely to be vaccinated against flu.

People with diabetes had a 6% (relative risk 1.06, 95% confidence interval 1.02 to 1.10; absolute risk difference 6 per 1,000 adults per year) greater increase in all-cause hospitalization linked to flu. However, researchers found no difference between the groups in the rates of flulike illness or pneumonia and influenza.

They concluded that the evidence is the strongest yet for targeting patients with diabetes for flu vaccination.
Jan 24 Diabetologia study

Friday, August 11, 2017

The Facts Don't Change Because You Try a Case

In my early days in the practice of law,  when I was eager to try every case, my dad, a lawyer, used to remind me that, "The facts don't change because you try a case." I  was reminded of that adage while reading a recent NJ Appellate Court's opinion, where a respondent unsuccessfully appealed the trial court's decision.

Monday, November 15, 2010

Congress to Hear Experts on New State Workers' Compensation Limitations

A sub-committee of the Committee on Education and Labor, chaired by the Congressman George Miller, will be hearing testimony from national experts concerning the new limitations being imposed on State workers' compensation systems. The systemic problems to be examine include the delivery of medical benefits and the assessment of the nature of disability.

On Wednesday, November 17, the Workforce Protections Subcommittee of the House Education and Labor Committee will examine state workers’ compensations systems. Workers’ compensation traditionally provides financial assistance and job training to workers injured on the job and aid to the surviving family of a worker killed on the job.

Not only are the state systems drawing the attention of the US Congress, but also the federal programs are becoming problematic. The United States Postal Service announced last week that workers' compensation costs are so high that the quasi-governmental agency may have to declare bankruptcy.

With the newly elected Republican majority in Congress, the water ahead may be rough for workers' compensation. The last time the Republican's held the majority in Congress, Newt Gingrich , the former Speaker, was entertaining dramatic changes in the program. Those appear to have been refreshed in recent comments about a year ago.

These systems have undergone numerous changes in the past decade as many states have begun strictly limiting workers’ compensation benefits – changes that may be stressing the Social Security Disability Insurance (SSDI) program. Additionally, the American Medical Association’s (AMA) guide to assessing injured workers has undergone significant changes in its latest edition, which has made consequential changes to injured workers’ evaluation procedure.

Workforce Protections Subcommittee Hearing
2:00 PM, November 17, 2010
2175 Rayburn H.O.B.
Washington, DC

Additional witnesses TBA.

Witnesses:
Emily SpielerDeanNortheastern University School of LawBoston, MA
John BurtonProfessor Emeritus, School of Management and Labor Relations, Rutgers UniversityProfessor Emeritus, School of Industrial and Labor Relations, Cornell UniversityPrinceton, NJ
Christopher GodfreyIowa Workers Compensation CommissionerDes Moines, IA
Dr. John NimlosOccupational Medicine ConsultantShoreline, WA

Wednesday, October 5, 2011

Now Available On-Line: Complete Letter Report On Incorporating Occupational Information in Electronic Health Records


Incorporating Occupational Information in Electronic Health Records: Letter Report

The National Academies Press

The National Academies Press (NAP) was created by the National Academies to publish the reports issued by the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council, all operating under a charter granted by the Congress of the United States. The NAP publishes more than 200 books a year on a wide range of topics in science, engineering, and health, capturing the most authoritative views on important issues in science and health policy. The institutions represented by the NAP are unique in that they attract the nation’s leading experts in every field to serve on their award-wining panels and committees. The nation turns to the work of NAP for definitive information on everything from space science to animal nutrition.

Author:
David H. Wegman, Catharyn T. Liverman, Andrea M. Schultz, and Larisa M. Strawbridge, Editors; Committee on Occupational Information and Electronic Health Records; Institute of Medicine
84 pages PAPERBACK $35

Each year in the United States, more than 4,000 occupational fatalities and more than 3 million occupational injuries occur along with more than 160,000 cases of occupational illnesses. Incorporating patients' occupational information into electronic health records (EHRs) could lead to more informed clinical diagnosis and treatment plans as well as more effective policies, interventions, and prevention strategies to improve the overall health of the working population. At the request of the National Institute for Occupational Safety and Health, the IOM appointed a committee to examine the rationale and feasibility of incorporating occupational information in patients' EHRs. The IOM concluded that three data elements - occupation, industry, and work-relatedness - were ready for immediate focus, and made recommendations on moving forward efforts to incorporate these elements into EHRs.


Recommendations:

Initial Focus on Occupation, Industry, and Work-Relatedness Data Elements


Recommendation 1: Conduct Demonstration Projects to Assess the Collection and Incorporation of Information on Occupation, Industry, and Work-Relatedness in the EHR

NIOSH, in conjunction with other relevant organizations and initiatives, such as the Public Health Data Standards Consortium and Integrating the Healthcare Enterprise (IHE) International, should conduct demonstration projects involving EHR vendors and health care provider organizations (diverse in the services they provide, populations they serve, and geographic locations) to assess the collection and incorporation of occupation, industry, and work-relatedness data in the EHR at different points in the workflow (including at registration, with the medical assistant, and with the clinician). Further, to examine the bidirectional exchange of occupational data between administrative databases and clinical components in the EHR, NIOSH in conjunction with IHE should conduct an interoperability-testing event (e.g., Connectathon) to demonstrate this bidirectional exchange of occupational information to establish proof of concept and, as appropriate, examine challenges related to variable sources of data and reconciliation of conflicting data.

Recommendation 2: Define the Requirements and Develop Information Models for Storing and Communicating Occupational Information

NIOSH, in conjunction with appropriate domain and informatics experts, should develop new or enhance existing information models for storing occupational information, beginning with occupation, industry, and work-relatedness data and later focusing on employer and exposure data. The information models should consider the various use cases in which the information could be used and use the recommended coding standards. For example, NIOSH should consider how best to use social history templates to collect a work history and the problem list to document exposures and abnormal findings and diagnoses with optional work-associated attributes for possible, probable, or definite causes; exposures; and impact on work.

Recommendation 3: Adopt Standard Occupational Classification (SOC) and North American Industry Classification System (NAICS) Coding Standards for Use in the EHR

NIOSH, with assistance from other federal agencies, organizations, and stakeholders (e.g., Bureau of Labor Statistics, Census Bureau, Council of State and Territorial Epidemiologists [CSTE], National Library of Medicine, National Institute of Standards and Technology, National Uniform Billing Committee, Health Level 7 International [HL7]), should recommend to the Health Information Technology (IT) Standards Committee the adoption of SOC and NAICS to code occupation and industry. Furthermore, NIOSH should develop models for reporting health data from EHRs by occupation and industry at different levels of granularity that are meaningful for clinical and public health use.

Recommendation 4: Assess Feasibility of Autocoding Occupational Information Collected in Clinical Settings

NIOSH should place high priority on completing the feasibility assessment of autocoding the narrative information on occupation and, where available, industry that currently is collected and recorded in certain clinical settings, such as the Dartmouth-Hitchcock health care system, Kaiser Permanente, New York State Occupational Health Clinic Network, Cambridge Health Alliance, and hospitals participating in the National Electronic Injury Surveillance System.

Recommendation 5: Develop Meaningful Use Metrics and Performance Measures

Based on findings from the various demonstration projects and feasibility studies, NIOSH, with the assistance of relevant professional organizations and the Health IT Policy Committee, should develop meaningful use metrics and health care performance measures for including occupational information in the meaningful use criteria, beginning with the incorporation of occupation, industry, and work-relatedness data, and later expanding as deemed appropriate to include other data elements such as exposures and employer.

Recommendation 6: Convene a Workshop to Assess Ethical and Privacy Concerns and Challenges Associated with Including Occupational Information in the EHR

NIOSH should convene a workshop involving representatives of labor unions, insurance organizations, health care professional organizations, workers’ compensation-related organizations (e.g., International Association of Industrial Accident Boards and Commissions, National Council on Compensation Insurance), and EHR vendors to 
.. assess the implications for the patient and clinician of incorporating work-relatedness in the EHR, with respect to workers’ compensation; and
.. propose guidelines and policies for protecting the patient’s non-workrelated health information from inadvertent disclosure and to ensure compliance with the Health Insurance Portability and Accountability Act, workers’ compensation, and other privacy standards.

Enhance the Value and Use of Occupational Information in the EHR


Recommendation 7: Develop and Test Innovative Methods for the Collection of Occupational Information for Linking to the EHR

NIOSH should initiate efforts in collaboration with large health care provider organizations, health insurance organizations, EHR vendors, and other stakeholders to develop and test methods for collecting occupational data from innovative sources. Specifically, NIOSH should evaluate collection methods that involve

.. patient input through mechanisms such as web-based portals and personal health records, and
.. other means such as health-related smart cards, health insurance cards, and human resource systems.

Recommendation 8: Develop Clinical Decision-Support Logic, Education Materials and Return-to-Work Tools

NIOSH, relevant professional organizations, and EHR vendors should begin to develop, test, and iteratively refine and expand

.. clinical decision-support tools for common occupational conditions (e.g., work-related asthma);
.. tools and programs that could be easily accessed for education of patients and caregivers about occupational illnesses, injuries, and workplace safety;
.. training modules for administrative staff to collect occupational information in different care settings; and
.. tools to improve and standardize functional job assessment and return- to-work documentation in EHRs, including standards for the transmission of these forms.

Recommendation 9: Develop and Assess Methods for Collecting Standardized Exposure Data

NIOSH should continue to work with occupational and environmental health clinics and other relevant stakeholders to develop and assess methods for collecting standardized exposure data for work-related health conditions. NIOSH should explore the feasibility of 

.. listing possible or probable exposures in the problem list or elsewhere in the EHR;
.. linking occupational information in the EHR to online occupational, toxicological, and hazardous materials databases, such as the Occupational Information Network (O*NET), the Association of Occupational and Environmental Clinics, and Haz-Map, to enhance diagnosis and treatment of work-related illnesses and injuries; and
.. automatically generating codes for exposures based on narrative text entries.

Recommendation 10: Assess the Impact of Incorporating Occupational Information in the EHR on Meaningful Use Goals

NIOSH, in conjunction with relevant stakeholders (e.g., Public Health Data Standards Consortium, CSTE, Association of State and Territorial Health Officials), should

.. develop measures and conduct periodic studies to assess the impact of integrating occupational information in EHRs, and
.. estimate the economic impact of EHR-facilitated return-to-work practices for both work-related and non-work-related conditions.


Tuesday, November 19, 2013

'Superbugs could erase a century of medical advances,' experts warn

The increase of infectious diseases is a cause of great concern in medical care. Today's post was shared by FairWarning and comes from www.independent.co.uk

Routine operations could become deadly "in the very near future" as bacteria evolve to resist the drugs we use to combat them. This process could erase a century of medical advances, say government doctors in a special editorial in The Lancet health journal.

Although the looming threat of antibiotic, or anti-microbial, resistance has been known about for years, the new warning reflects growing concern that the NHS and other national health systems, already under pressure from ageing populations, will struggle to cope with the rising cost of caring for people in the "post-antibiotic era".

In a stark reflection of the seriousness of the threat, England's deputy chief medical officer, Professor John Watson, said: "I am concerned that in 20 years, if I go into hospital for a hip replacement, I could get an infection leading to major complications and possible death, simply because antibiotics no longer work as they do now."

About 35 million antibiotics are prescribed by GPs in England every year. The more the drugs circulate, the more bacteria are able to evolve to resist them. In the past, drug development kept pace with evolving microbes, with a constant production line of new classes of antibiotics. But the drugs have ceased to be profitable and a new class has not been created since 1987.

Writing in The Lancet, experts, including England's chief medical officer, Dame Sally Davies, warn that death rates from bacterial infections "might return to those of the early 20th...

[Click here to see the rest of this post]

Wednesday, July 15, 2020

Virginia Adopts First-in-the-Nation Workplace Safety Standards for COVID-19 Pandemic

Governor Ralph Northam today announced the adoption of statewide emergency workplace safety standards in response to the novel coronavirus, or COVID-19. These first-in-the-nation safety rules will protect Virginia workers by mandating appropriate personal protective equipment, sanitation, social distancing, infectious disease preparedness and response plans, record keeping, training, and hazard communications in workplaces across the Commonwealth. The actions come in the absence of federal guidelines.

“Workers should not have to sacrifice their health and safety to earn a living, especially during an ongoing global pandemic,” said Governor Northam. “In the face of federal inaction, Virginia has stepped up to protect workers from COVID-19, creating the nation’s first enforceable workplace safety requirements. Keeping Virginians safe at work is not only a critical part of stopping the spread of this virus, it’s key to our economic recovery and it’s the right thing to do.”

Newly adopted standards require all employers to mandate social distancing measures and face coverings for employees in customer-facing positions and when social distancing is not possible, provide frequent access to hand washing or hand sanitizer, and regularly clean high-contact surfaces. In addition, new standards require all employees be notified within 24 hours if a coworker tests positive for the virus. Employees who are known or suspected to be positive for COVID-19 cannot return to work for 10 days or until they receive two consecutive negative tests.

The Virginia Department of Labor and Industry’s Safety and Health Codes Board voted today to approve an emergency temporary standard on infectious disease prevention after Governor Northam directed the creation of enforceable regulations in May. These temporary emergency standards will remain in effect for six months and can be made permanent through the process defined in state law.

“As a top state for workforce development, it should be no surprise that Virginia is also the first in the nation to establish such a robust set of emergency workplace safety regulations,” said Chief Workforce Development Advisor Megan Healy. “Our workers are our greatest asset, and I am confident that these temporary standards will provide Virginians with the peace of mind they need to return to work and fuel the Commonwealth’s economic recovery.”

“Keeping Virginia’s economy moving forward has never been more important, and keeping our workers safe is critical to sustained economic recovery,” said Secretary of Commerce and Trade Brian Ball. “COVID-19 is unfortunately going to continue impacting our everyday lives, and these regulations will provide for safer, more predictable workplaces for Virginians.”

“The Commonwealth’s new emergency workplace safety standards are a powerful tool in our toolbox for keeping Virginia workers safe and protected throughout this pandemic,” said C. Ray Davenport, Commissioner of the Department of Labor and Industry. “Many employers have already enacted these evidence-based practices, and we are committed to working collaboratively with those who have not to ensure they are in compliance with the new emergency temporary standard.”

The emergency temporary standards, infectious disease preparedness and response plan templates, and training guidance will be posted on the Virginia Department of Labor and Industry website at doli.virginia.gov. Workers who feel unsafe in their workplace can file a formal complaint with the federal Occupational Safety and Health Administration here.

Related Articles











….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Twitter: jongelman
LinkedIn: JonGelman
Author: "Workers' Compensation Law" West-Thomson-Reuters



Saturday, October 15, 2011

Scientific Evidence and The Court

Last week the Third Edition of The Reference Manual on Scientific Evidence (2011) was published by The National Research Council and The Federal Judicial Center.


"The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used.
"First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict.
"The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.

Friday, October 17, 2014

Path to Federalization: Obama May Name ‘Czar’ to Oversee Ebola Response



President Barack Obama delivers a statement to the press after a meeting with cabinet agencies coordinating the government's Ebola response, in the Cabinet Room of the White House, Oct.15, 2014. (Official White House Photo by Pete Souza)
Federalization of the Ebola crisis is emerging already.  Today's post is shared from nyimes.com
DALLAS — President Obama raised the possibility on Thursday that he might appoint an “Ebola czar” to manage the government’s response to the deadly virus as anxiety grew over the air travel of an infected nurse.
Schools closed in two states, hospitals and airlines kept employees home from work, and Americans debated how much they should worry about a disease that has captured national attention but has so far infected only three people here.
A federal official said that the Centers for Disease Control and Prevention had broadened its search for contacts of Amber Joy Vinson, the second nurse infected with Ebola at Texas Health Presbyterian Hospital here, after interviewing family members who gave a different version of events from Ms. Vinson’s. The nurse had said she had a slight fever before boarding a flight from Cleveland to Dallas on Monday. But family members said she had appeared remote and unwell during her trip to Ohio over the weekend.
The C.D.C. said it was now tracking down passengers on Frontier Airlines Flight 1142 from Dallas to Cleveland, which Ms. Vinson took last Friday. It had already been tracing passengers on her Monday flight.Ms. Vinson’s case raised flags for investigators because the day after she arrived home in Dallas, she reported substantial symptoms. Health experts say those would be unlikely to develop in just one day.
Seven people in Ohio were voluntarily quarantined because they had contact with Ms. Vinson...
[Click here to see the rest of this post]

Read more about the "The Path to Federalization"
Jul 05, 2012
United States Supreme Court has taken a giant leap forward to facilitate the Federalization of the entire nation's workers' compensation system. By it's recent decision, upholding the mandate for insurance care under the ...
Dec 23, 2010
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally ...
Jun 14, 2012
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally .
May 17, 2013
and will put greater control and more choice in the hands of individuals and small businesses." Read more about "Federalization" and workers' compensation: Path to Federalization: A National Workers Compensation System.

Saturday, August 15, 2020

NJ Governor Pat Murphy Extends Emergency Order Extending Statutory Deadlines

NJ Governor Phil Murphy today signed Executive Order No. 178, which temporarily extends certain statutory deadlines across state government that require review and action by agencies before a specified deadline. The statutory deadlines, in addition to certain effective dates that are being delayed, are included in the accompanying Appendix to the Order. The Order will take effect immediately.