Top Blog Posts of 2023

It has been a busy year for the Workers' Compensation blog. This blog has had over 2 million views. Here is a list of the most popular posts in 2023. 

Happy New Year!

US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act

The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal,  Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Central New Jersey facility to pay $273K, take corrective actions to resolve COVID-related respirator violations

OSHA finds employers failed to ensure safe respirator use while testing hundreds daily.

Workers’ Compensation Benefits for Long COVID

Workers’ Compensation Benefits are available for those workers who have been exposed to COVID at work and contract disease and remain ill from Long COVID. 

COVID Boosters: What Employees and Employers Need to Know

Many employers and state governments are mandating that employees be vaccinated against COVID. Confusion remains over the rapidly changing landscape of booster doses as reports of waning or compromised immunity even though a worker is considered “fully vaccinated” when the original series of doses are completed. 

Investing for the Next Pandemic

Preparing for the next pandemic is an essential need for all employers, employees, and insurance companies.  The failure of the public health system to handle COVID-19 is evident as the death toll (675,400) fatalities) has now exceeded the 1918 Spanish Flu mortality rate.  The US CDC is encouraging preparation by announcing the opportunity for final investment. It is also incumbent upon the workers’ compensation industry to expand its efforts for pandemic preparation  

COVID Testing: What Employees and Employers Need to Know

COVID testing is taking a more prominent role as more employers have established vaccine mandates for their employees. Employees who assert either a medical waiver or religious exemption must undergo regular and observed COVID testing. 

What are you Looking Forward to After the Pandemic? What is in your Risk Budget?

A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response has a roundtable discussion about going forward following the Pandemic.  

Neurological symptoms like fatigue common in mild COVID

Neurological and psychiatric symptoms such as fatigue and depression are common among people with Covid-19 and maybe just as likely in people with mild cases, according to a new review study led by a UCL researcher.

Searching for Vaccine in NJ

NJ Commissioner of Health Judith Persichilli COVID-19 provided a status report yesterday on the status of vaccine distribution in NJ. 

Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates

It seems that every decade a new pandemic emerges on the world scene, and complacency continues to exist in the workers’ compensation arena to meet the emerging challenges of infectious disease.

The Perfect Pandemic Storm

It has now been 220 days since, January 29, 2020, when I first posted my initial article on the COVID-19 Pandemic. It has been updated many times since. At that time I raised the issue, whether the workers’ compensation system was prepared for the COVID-19 Pandemic.

Coronavirus (COVID-19) - The workers' compensation community should support TTSI

The workers' compensation community should play an active role to contain the spread of COIVD-19. Labor, Industry and insurance companies must be encouraged to participate in contact tracing, testing and supported isolation [TTSI]. All reports of illness and incidents of COVID-19 should trigger reportable investigations that are co-ordinated with local and state health agencies. Communication with employees should be encouraged for testing, isolation and expansion of contact testing.

Special Independence Day Event - Music and Experts - Veterans Administration

Special Independence Day Event

COVID Predictions Now Estimating Second Wave Beginning Sept 15 in US and 200,000 deaths

The Sun-Belt States, lead by Florida, are now reporting a huge upswing in US-COVID reinfection rates. Implementation of rapid return to work scenarios, and lackadaisical attitudes by 14-50 year olds in failing to adhere to social distancing and use of face masks, is now causing a massive increase in COVID hospitalizations and deaths. The new modeling prediction is going to create further uncertainty as to financial stability in the workers' compensation arena going forward. 

Chairwoman Adams Opening Statement at Workforce Protections Subcommittee Hearing on Protecting Workers from COVID-19

Subcommittee on Workforce Protections Chairwoman Alma Adams (NC-12) delivered the following opening statement at today’s hearing entitled, “Examining the Federal Government’s Actions to Protect Workers from COVID-19.”

Back to Work Needs Congressional Support

As employee and employers look to their state governor’s for direction upon return to work, an undiscussed issue remains, the responsibility for work-related occupational exposures. While this is new territory, one might look toward other potential mass exposure scenarios in the US history for guidance.

Shift Work Reportedly Causally Related to Increase Risk of Diabetes and Heart Disease

Shift work has been shown to be associated with heart and metabolic disorders. A recently published study reports exactly how shift work is causally related in the long-term to both diabetes and heart disease. Workers’ Compensation claims may increase for such diseases going forward for injured workers seeking benefits for such medical conditions.

1 in 3 swimming-related disease outbreaks occur at hotels

Crypto parasite continues to cause most outbreaks and illnesses linked to pools and water playgrounds.

A third of treated recreational waterborne disease outbreaks during 2000 through 2014 occurred in hotel pools or hot tubs, according to a report published today in CDC’s Morbidity and Mortality Weekly Report. Cryptosporidium (also known as “Crypto”), Pseudomonas, and Legionella causes most of the outbreaks in swimming venues in the United States during this time period. Crypto is a parasite tough enough to survive even in properly maintained pools. Pseudomonas and Legionella are bacteria that can survive disinfectants in slimy areas of hot tubs, pools, and water playgrounds.

The report describes mixed progress in preventing outbreaks caused by germs spread through treated recreational water. The 493 outbreaks reported during this period resulted in at least 27,219 illnesses and eight deaths. The number of respiratory disease outbreaks caused by Legionella increased over time and skin infection outbreaks caused by Pseudomonas decreased over time. Diarrheal disease outbreaks caused by Cryptosporidium leveled off during 2008 through 2014. More than half of outbreaks started in the summer, the peak season for swimming.

Common parasite remains the leading cause of illness from pools

Crypto causes 58 percent of outbreaks where a germ was identified linked to pools, hot tubs, and water playgrounds and 89 percent of the illnesses. Crypto spreads in pools when someone sick with the parasite has diarrhea in the water and other swimmers swallow that contaminated water. Swimmers and parents of young swimmers play an essential role in preventing Crypto outbreaks.

“Swallowing just a mouthful of water with Crypto in it can make otherwise healthy kids and adults sick for weeks with watery diarrhea, stomach cramps, nausea, and vomiting,” said Michele Hlavsa, R.N., M.P.H., chief of CDC’s Healthy Swimming Program. “Chlorine cannot kill Crypto quickly. We need to keep it out of the water in the first place. Don’t go into the water, and don’t let your kids go into the water if sick with diarrhea.”

Bacteria cause respiratory illness and skin rashes

The bacteria Legionella and Pseudomonas are the next most leading causes of these outbreaks, with 16 percent of outbreaks caused by Legionella and 13 percent caused by Pseudomonas. Legionella can cause severe pneumonia and symptoms similar to the flu. Pseudomonas can cause hot tub rash and swimmer’s ear.

Legionnaires’ (LEE-juh-nares) disease is a serious type of pneumonia (lung infection) caused by Legionella (LEE-juh-nell-a) bacteria. Legionella can also cause a milder illness called Pontiac fever. People can get sick when they breathe in a mist or accidentally swallow water into the lungs containing Legionella. Most people exposed to Legionella do not get sick. However, people 50 years or older, current or former smokers, and people with a weakened immune system or chronic disease are at increased risk.

Legionnaires’ disease is a risk in healthcare facilities across the United States, according to a new CDC Vital Signs report. Unfortunately, this serious bacterial lung infection is deadly for 1 in 4 people who get it from a healthcare facility.

If a pool, hot tub, or water playground is not cleaned properly, bacteria can grow and form a slime called biofilm on wet surfaces. Legionella and Pseudomonas can live in this biofilm. It is harder for disinfectants to kill these bacteria when they are protected by biofilm. Pool operators need to maintain proper cleaning practices and disinfectant levels to prevent bacteria from growing and causing illnesses in swimmers. CDC provides specific recommendations for operating public pools, hot tubs and water playgrounds in the Model Aquatic Health Code.

Some people are more likely to get sick from Legionella, including people 50 years or older, current or former smokers, people with chronic lung disease, and people with a weakened immune system. These people should see a doctor right away if they develop pneumonia symptoms and let the doctor know about any possible exposures to Legionella, including recent hot tub use.

Protect yourself and your family from germs spread through the water we swim in and share

• Take the following steps to protect yourself and loved ones from germs when swimming in pools, soaking in hot tubs, or visiting water playgrounds: 
• Don’t swim or let your kids swim if sick with diarrhea. If Crypto is the cause of diarrhea, wait until 2 weeks after diarrhea has stopped to go swimming. 
• Check the pools, hot tubs, and water playground inspection scores. 
• Before getting in the water, use a test strip from your local retailer or pool supply store to check if the water’s pH and bromine or free chlorine level are correct. 
• Don’t swallow the water. 
• Take kids on bathroom breaks hourly, and change diapers in a diaper-changing area and away from the water.

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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 theLaw 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.