Asbestos Victims in Libby Settle Case for $43 Million

The asbestos victims in Libby, Montana, have  settled their case against the State of Montana for $43 Million. The case alleged that Montana had failed to take proper action to curb the asbestos production at the WR Grace vermiculite plant.


Asbestos is a known carcinogen causally related to asbestosis, lung cancer and mesothelioma. WR Grace manufactured asbestos containing vermiculite as an insulation product. The production process contributed to the toxic contamination of the geographical area and both the workers and the residents developed asbestos related illness on a massive scale. The US Environmental Protection Agency designated Libby, MT, as a Superfund Site for cleanup and remediation.


Additionally, the Obama health care reform legislation, extended universal medical care  (Libby Care) through Medicare to all residents of Libby who were exposed to fiber. This innovated medical insurance program can be extended to other areas designated as a national health emergency areas. Eventually all occupational disease claims in workers' compensation could be encompassed by the program.


The costs for medical benefits extended to the residents of Libby will be reimbursed through the Medical Secondary Acts as directed by The Centers for Medicare and Medicaid Services. This concept is already in place throughout the US. 


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.

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NATIONAL ASBESTOS AWARENESS WEEK

U.S. Senators Jon Tester and Steve Daines championed legislation to designate April 1-7, 2019 "National Asbestos Awareness Week" as part of their ongoing efforts to combat the dangers of asbestos exposure.

Libby Care Program Begins Enrollment Process

The new Federal healthcare program for those exposed to asbestos in Libby MT has now begun registration of citizens. The new program will provide Medicare benefits to those who were exposed to asbestos, a known carcinogen.


The occupational healthcare program embodied in the recently enacted legislation has the potential for being the most extensive, effective and innovated system ever enacted for delivering medical care to injured workers. The “Libby Care” provisions, and its envisioned prodigies, will embrace more exposed workers, diseases and geographical locations, than any other program of the past. Potential pilot programs  will now be available to injured workers and their families who have become victims of the failed workers’ compensation occupational disease medical care system.

Click here to read more about Libby Care.

Click here to read about asbestos litigation.

Sanders Proposes Universal Health Care: The Path to Federalization

Presidential candidate Bernie Sanders has announced a plan to move forward with a Universal Medical Care program in the US. The concept will absorb the nation's ailing the medical workers' compensation delivery system into a universal care system.

The Politics of Asbestos – US Government Failed the People Declares Senator Baucus

At a recent hearing of the US Senate Committee on Environment and Public Works, Senator Max Baucus presented a report revealing that the Federal government failed to take the appropriate action to declare Libby, Montana a public health emergency in 2002. The disregard of the federal government led to a lack of funding and manpower in cleaning up the asbestos contamination according to the Senator.

“EPA was going to let people know, but they were changed from their direction. A Public Health Emergency definitely would have helped--- it would have provided media and public attention. Without a Public Health Emergency, asbestos has not become a public health issue. That’s the politics of asbestos."

Libby Montana was the former vermiculite mine site of W.R.Grace & Company. Vermiculite is a form of asbestos, a known carcinogen. Grace recently agreed to globally settle all of its asbestos claims for $3 Billion.

The exposure to asbestos has been long linked to several disease including, asbestosis, lung cancer and mesothelioma. Asbestos exposure occurs when the toxic particles are ingested or inhaled into the body. When asbestos articles attach themselves to the lining of the lung, pleural mesothelioma, a fatal disease, results. The fibers may also attach themselves to the mesothelioma linings surrounding the heart and abdomen.

Libby Montana was declared a Federal Superfund site in 1999. Following that declaration, the Federal government has poured millions of dollars into cleaning up the asbestos-contaminated site. The failure to declare the site a public health emergency limited the Federal government’s role in providing even more extensive cleanup operations and healthcare to those residents who innocently suffered the avoidable exposure to asbestos.

The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act

The US Supreme Court again affirmed the validity of The Affordable Care Act. The Obamacare program, as it has been nicknamed, will continue to lead to a medical delivery program than eventually will have major repercussions on the antiquated and ineffective medical care system of the existing patch work of state workers' compensation insurance acts.

Good Medicine for an Ailing Compensation System

An historic shift in the delivery of medical care for those injured by occupational exposures has been signaled by the US Senate. Following decades of debate, the proposed emerging health care legislation, amended at the last minute by the Majority Leader's manager amendments, shifts Libby, Montana's asbestos disease claims to Medicare as a primary payor.

The stage was set last June 17th, when the US Environmental Protection Agency (EPA) declared Libby, Montana, a Public Health  Emergency, because of asbestos present at the site. The geographical location was the site of a W.R. Grace vermiculite mine.

The legislative provision was "buried" deep in the legislation at the last moment, reported Robert Pear of the NY Times. The amendment was made Senator Max Baucus of Montana, who lead the Senate legislative committee crafting the legislation. The convoluted political bartering over the last few days reflects a sentinel change in how injured workers may be receiving medical care in the years ahead. It is anticipated that major changes will be offered over the years ahead to modify and expand the coverage.

Occupational diseases have always been problematic to the State workers' compensation systems. They have been subject to serious and costly proof issues. They were "tag along" claims for a compensation system that initially was enacted in 1911 to cover only traumatic claims. The proposed legislation is a first major step to move occupationally induced illnesses into a universal health medical care system and will provide a pilot project for addressing the long awaited need to furnish medical care without serious and costly delays.

By allowing Medicare to become the primary payor and furnish medical care, those without a collateral safety net of insurance will be able to obtain medical care effectively and expeditiously. While cost shifting from workers' compensation to Medicare has been an historically systemic problem in the compensation arena, this legislation maybe a first major step to legitimatize the process. The legislation may allow for great accountability and expansion of the Medicare Secondary Payment Act (MSP) to end cost shifting that has become epidemic in proportion. It is good medicine for an ailing workers' compensation system.


Click here to read more about workers' compensation and universal health care.

WR Grace Asbestos Bankruptcy Plan Receives Initial Approval

A Delaware Bankruptcy Judge has approved a reorganization plan  for the former asbestos manufacturer, WR Grace. The company sought bankruptcy protection in 2001 from asbestos liabilities. The reorganization plan provides for the payment of benefits to victims of asbestos related disease.The proposed plan now must be reviewed by a US District Court Judge for final approval.


Asbestos exposure results in progressive and latent diseases including: asbestosis, lung cancer and mesothelioma. There is no known cure for mesothelioma, a rare and fatal disease. The use of asbestos is not yet banned in the US.


WR Grace manufactured asbestos insulation, Zonolite, and other asbestos containing products . For many years it mined asbestos in Libby, Montana, and left  behind a legacy of disease to its former employees and residence of the mining community. Last year, the US Congress passed and the President signed, a national health care bill that provided medical coverage under Medicare for those who worked and/or resided in Libby, Montana.


Once the US District Court finalizes approval of the plan, the present and futures asbestos victims trusts will begin processing claims for payment.

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Universal Medical and Workers' Compensation: It's Not "If", It's "When" - California

The Affordable Care Act (ACA) is going to definitely change the landscape of medical delivery over the coming future. Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way.

My friend, and cycling inspiration, who keeps me trying to think I can enter the Tour de France while under the influence of Starbucks coffee, David DePaolo, points out that the "fusion" may be coming slowly through legislation of unintended consequences in California.

"The concept of universal care, 24 hour care, single stop shop, etc. has been floating for a couple of decades now with very little progress.

"But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine and general health medicine. Outsourcing MPN [Medical Provider Networks] oversight to a health care related agency is just another step towards this outcome.

David, an expert in analyzing what's around the curve, sees the next wave of change coming to workers' compensation. For so many reasons, including the expansion/reimbursement integration of the Medicare program, the writing is on the wall on this one. 

Every time the lobbyists think that have eliminated the imminent threat of Federal intrusion, ie. Enactment of The SMART Act, the reality of which is that the regulations will eat up the statute, and also their lunch. I plan to write more on The SMART Act in the coming weeks. Maybe that wasn't so smart after all for the cottage industries that supported it.

Federalizing Workers Compensation for Oil Spill Workers

The Deepwater Horizon oil spill, the largest environmental disaster in US history, creates a massive challenge to the nations' workers' compensation system. The system, already stressed to its limits, must now attempt to compensate injured workers and volunteers who are working to clean up the huge oil spill.


In the past, when disasters of this magnitude confronted the nation's workforce, the Federal government has established a separate compensation system to provide benefits. Based upon the new Federal national health care legislation, and the provisions enacted under the Libby Health Care Plan, it appears logical that this health disaster would be more than suitable for incorporation into a Federalized workers' compensation program. 


The government has recently identified numerous hazardous chemicals and adverse health effects that may confront oil spill workers. Those include: drowning, occupational exposures exposures to dispersants, heat and cold, fatigue, confined spaces, ergonomic stress, noise, biohazards, ergonomic stresses, confined spaces, and many other conditions. 


The civil liability claims are targeted to the potential ultimate wrongdoers: British Petroleum-energy company; Transocean Ltd., rig owner; Halliburton Energy Services, cement contractor; or Cameron International, blowout preventer manufacturer, under civil liability or statutory authority of the Oil Pollution Act of 1990 (OPA). The emergent issue that remains is how to deliver benefits to injured or exposed workers and volunteers. That remains in limbo. Even if the Oil Spill Liability Trust Fund were allowed to be tapped for compensation benefits, years of delay over litigation would exist before payments were actually made to victims.


A declaration of a health emergency from the Secretary of Health and Human Services at this time would appear to be more than appropriate so that the health needs of the workers and volunteers could be immediately addressed. To delay action will only adds insult to injury. Invoking, at once, of the Libby Health Care program provisions would provide a first start to much needed relief to the Gulf spill workers and volunteers.


To read more about petroleum exposure and workers' compensation.


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

US Supreme Court, Health Care & Workers' Compensation

Image via Wikipedia

The winds of change have brought a new health care system to the US. The US Supreme Court  will now have an opportunity to express it's opinion on the validity of the legislation. The new system, that provides additional worker protections, and a prototype of a universal medical care system ,"Libby Care," encompassing workers' compensation claims, reflects changes desperately needed.

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Asbestos: Not Banned in US But Use Declining

The use of asbestos, a known carcinogen, is not yet banned  in the US, but the use of it continues to decline. Asbestos has not been mine in the US since 2002 and therefore the country is dependent upon imports for asbestos products. 

The US Geological Survey reports that asbestos consumption in 2009 was 715 metric tons. In 2008 1,460 metric toms were estimated to be imported. Roofing products account for 65% of US consumption while other applications account for 35%. Over 89% of asbestos used in the US is imported from Canada.

The US government no longer stockpiles asbestos for use. It had been widely use in Word War II as a strategic commodity to insulate ships. Many exposures occurred in naval yards and to Navy personnel. 

Asbestos is the sole cause of mesothelioma, a rare but fatal asbestos disease. It is also causally related to many cancers, including lung cancer, and to asbestosis. One of the last known asbestos mines in the US was in Libby MT, which has now been declared to be a Super Fund site and asbestos there has been declared to be "a public health emergency."  Under the recently passed Senate health care reform legislation, Libby MT has been afforded medical benefits under the Medicare program.

While the US has not yet banned the use of asbestos, other nations have, The Republic of South Korea has enacted the final stage of a ban on the the use of asbestos manufactured products as of September 2009. Under the ban, asbestos may not be used to manufacture any children's products or products which asbestos particles may come loose and contact the skin.

Substitutes are available or the use of asbestos fiber. The US Geological Survey reports, "Numerous materials substitute for asbestos in products. Substitutes include calcium silicate, carbon fiber, cellulose fiber, ceramic fiber, glass fiber, steel fiber, wollastonite, and several organic fibers, such as aramid, polyethylene, polypropylene, and polytetrafluoroethylene. Several nonfibrous minerals or rocks, such as perlite, serpentine, silica, and talc, are considered to be possible asbestos substitutes for products in which the reinforcement properties of fibers were not required.."

Many workers, their families and their dependents have filed workers' compensation against former employers and civil actions against the asbestos manufacturers, suppliers and health research groups for the damages including the reimbursement of medical costs. Asbestos litigation has been called "The longest running tort in history."

Click here to read more about asbestos litigation.

Workers' Compensation is Riding on the Road to Wellville with Obama Care

As Obama Care [The Affordable Care Act] launches, workers' compensation programs will start to undergo subtle changes   The innovation of wellness programs and new treatment protocols will eventually cause major shifts to the delivery of workplace medicine.

Workers' compensation's future, ironically, has actually been viewed primarily in a rearview mirror. The shift to break with old habits has been a major struggle. The inertia will give way to a creative future based on new technologies and socio-economic challenges.

In a recent article by The Honorable David B. Torrey, Judge of Workers' Compensation ["The Affordable Care Act and Effects on the Workers' Compensation System, (7 PAWCSNL 114 at 30, March 2013)], the significance of  Obama Care is reported.  Judge Torrey recognizes that even those with major pecuniary interests in the compensation business have been unable to halt the momentum of change.

UNC Facing Challenge Over Asbestos Present in Dormitories

Asbestos has been utilized in construction materials for decades. Problems linger now in building that still have asbestos fiber present. Asbestos is a known carcinogen and has been causally connected to: asbestosis, lung cancer and mesothelioma, as well as a many other malignancies.

Today's post is shared from dailytarheel.com/

Recent construction in the quad to remove asbestos has brought attention to the presence of the potentially hazardous material on other parts of campus, such as in residence halls and class buildings.

According to the UNC Department of Housing and Residential Education, since 2009 seven residence halls have been identified as having surfacing materials containing asbestos.

Rick Bradley, associate director of housing and residential education, said that students living on campus should not worry about becoming ill from the asbestos found in their dorms.

“The asbestos is contained and does not pose a health risk,” Bradley said.

In order to ensure the safety of students living in dorms with asbestos, Bradley suggested a few precautions, such as refraining from scraping or attaching items to the walls, ceiling or pipes.

He also said to keep lofted beds at least 3 feet from the ceiling, which is residence hall policy

“The key is to contain the asbestos and to notify individuals as to the precautions that should be taken,” Bradley said.

Junior Kristin Tajlili has lived in a residence hall each year she’s been at UNC. Two of the dorms she has lived in are on the list of buildings tracked for asbestos.

Click here to read the entire article.

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EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal

Today’s post is shared from ewg.com

The rule announced today by the US Environmental Protection Agency claiming to strengthen the agency’s ability to restrict certain uses of the notorious carcinogen asbestos falls short of what is required to fully protect public health, said The Environmental Working Group [EWG] legislative attorney Melanie Benesh.

Chicago Contractors Fines $280,000 For Asbestos Violations

The U.S. Department of Labor's Occupational Safety and Health Administration has cited two Chicago companies, T2 G.C. LLC, which operates as T2 Construction, and Gramek Construction Inc. for failing to protect workers from asbestos hazards at a job site in May. T2 Construction faces proposed fines of $141,600 and Gramek Construction faces proposed fines of $138,600, for a combined total of $280,200.

T2 Construction was the general contractor at the Chicago job site, which involved a 90-year-old, 80,000-square-foot building. T2 oversaw the activities of demolition contractor Gramek Construction, including the removal of floor tile and pipe insulation that allegedly contained asbestos.

"Failing to conduct an asbestos assessment and require workers to wear personal protective equipment when working with material potentially contaminated by asbestos shows a blatant disregard for their health and safety," said OSHA Regional Administrator Michael Connors in Chicago. "Safe and healthful working conditions should be paramount on every job site, and OSHA is committed to protecting workers, especially when employers fail to do so."

T2 Construction was cited for two willful health violations including failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work, and failing to ensure compliance with the asbestos standard as the general contractor. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirement or plain indifference to employee safety and health.

Additionally, T2 Construction was cited for 14 serious violations involving asbestos control procedures, such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, failing to remove tile intact, allowing dry sweeping of dust and residue, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing while performing asbestos work. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

Gramek Construction was cited for one willful health violation for failing to have a competent person conduct an initial assessment prior to commencing Class I and Class II asbestos work. The company also was cited for 24 serious health and safety violations, 18 of which involved violations of asbestos control procedures such as failing to conduct air and exposure monitoring, failing to follow specific engineering controls and practices, allowing dry sweeping of dust and residue, failing to implement a respiratory protection program, failing to provide hygiene facilities for workers conducting asbestos removal and failing to ensure that employees wore adequate personal protective clothing for asbestos work. The remaining six serious safety violations were cited for lack of fall protection and training as well as electrical hazards.

The citations issued to T2 Construction can be viewed athttp://www.osha.gov/ooc/citations/T2GCLLCdbaT2Construction_315512137_1102_11.pdf*

The citations issued to Gramek Construction can be viewed athttp://www.osha.gov/ooc/citations/GramekConstrcutionInc_315512145_1102_11.pdf*

Each company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

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.

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WR Grace Officials on Trial

The focus of litigation against WR Grace has now shifted to the civil courts in a trial against 5 former company officials for damages resulting from the death and harm caused its former workers. In Libby Montana, WR Grace mined asbestos (vemiculite) ore that ultimately was manufactured into insulation and other products.

Five former officials of WR Grace, an asbestos producer, are standing trial for concealing information from the former employees and for not taking the appropriate action to protect their health. The criminal trial has been delayed since 2006 because of pending appeals.

The company has recently filed an amended reorganization plan on Feb. 3, 2009. The plan contains the following comments about workers' compensation claims:

WR Grace - Proposed First Amended Reoganization Plan 2-3-09
"3.1.4 Class 4. Workers’ Compensation Claims
(a) Classification Class 4 consists of all Workers’ Compensation Claims against the Debtors.
(b) Treatment This Plan leaves unaltered the legal, equitable, and contractual rights to which each such Workers’ Compensation Claim entitles the Holder of such Workers’ Compensation Claim. For the avoidance of doubt, in no event shall any of the Sealed Air Indemnified Parties or the Fresenius Indemnified Parties have any liability with respect to any Workers’ Compensation Claim.
(c) Impairment and VotingClass 4 is unimpaired. The Holders of the Workers’ Compensation Claims in Class 4 aredeemed to to have voted to accept this Plan and, accordingly, their separate vote will not be solicited."

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."

US Senators Introduce Bill to Ban Asbestos and Protect Public Health

Oregon’s Senator Jeff Merkley, along with Senators Cory Booker (D-NJ), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Bernie Sanders (I-VT), Jon Tester (D-MT), Sheldon Whitehouse (D-RI), and Edward J. Markey (D-MA) today introduced the Alan Reinstein Ban Asbestos Now Act of 2017, legislation to eliminate human or environmental exposure to asbestos, a known carcinogen.

The Election Validates A New Approach to Workers Compensation

The recent election results confirm that a new approach to handling the century old workers' compensation is needed and that some definite trends are developing.

Washington State: The insurance industry initiative for privatization was defeated.

New Jersey: The constitutional amendment to prohibit raiding the Second Injury Fund revenue was passed.

California: Jerry Brown was elected governor and the Republican assault on the state compensation system rejected.

Nevada: Harry Reid was re-elected validating the innovated "Libby Health Care" Plan for medical care for occupational illness and the Federalization of the program and the US Senate's initiative.

New York: Andrew Cuomo was elected governor and revision is likely of the administrative assault on workers' rights.

Nationally, the soaring US deficit, and a State system that continues to fail to deliver health care to occupationally injured workers, will eventually need to be addressed by Congress. The 2008 strong Democratic mandate has not evaporated. The Democrats still control the Senate (51-D v 46-R) and downtown at White House. The newly acquired House Republican majority (234-R v 180-D) is instilled with the chaos of an unsettling newly emerging third party, Tea Party, alliance.

The course ahead still remains promising for enacting a unified and coordinate program to help injured workers obtain medical care for occupational diseases on a timely and effective basis without breaking the bank. The vision of a coordinated epidemiological research program to prevent occupational disease and  insure safe working conditions remains hopeful.

.....

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.

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