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

Thursday, November 21, 2013

Occupational pulmonary case dismissed by court for lack of evidence

A New Jersey Appellate Court dismissed an occupational pulmonary claim for lack of credible evidence. The court reversed an award of 5% permanent partial pulmonary disability of a claim filed by employee loaded and unloaded baggage for US Airways.

In its decision, the court found that there was a lack of credible evidence proving both exposure as well as medical findings and factual evidence that would be able to meet the criteria to establish a claim for an occupational disability. The worker alleges that between 1987 and 2008 he worked in areas that lacked ventilation and there was an exposure to two fumes.

The petitioner testified that his condition did not affect his ability to work and that he was able to volunteer for overtime work. Over the 10 years that the claimant worked for the employer he did not report a condition to his employer, did not seek medical treatment from an allergist or a pulmonologist.
Furthermore, the medical expert who testified on behalf of of the petitioner, Dr. Malcolm Hermele, relied only upon x-ray findings demonstrating"Increased interstitial markings," and pulmonary function testing. There were no clinical signs by way of wheezing, rales or rhonchi.

Respondents medical expert, Dr. Benjamin Saperstein, reported that the physical examination of the petitioner was "perfectly normal." Dr. Saperstein also testified that Dr. Hermele’s X-ray was of poor quality.

In reviewing the record below, the appellate tribunal, concluded that the judges decision below lacked credible findings to sustain a claim for Workers’ Compensation benefits. The court focused upon the statutory authority of N.J.S.A. 34:15-36 that defines permanent disability and quality impartially character."Injuries such as minor lacerations, minor contusions, minor springs, and scars which do not constitute significant disfigurement, an occupational disease of the minor nature such as mild dermatitis and mild bronchitis show not constitute permanent disability within the meaning of this definition.”
The court relied upon the sentinel case of Fiore v. Consolidated Freightways, 140 NJ 452, 470 (1995) we're in the New Jersey Supreme Court interpret the occupational disease definition as established under N.J.S.A. 34:15-31, as "designated to compensate "diseases arising out of the workplace, and not the ordinary diseases of life.” 

Anthony DiFrabrizio v US Airways, ___A.3d___, 2013 WL 601534 (NJ App. Div. 2013) docket number 8-1497-12T4
Andrea Graf, Esq. (Appellant-US Airways)
Ricky E. Bagolie, Eq. (Appellant-Anthony DiFrabrizio)
….
Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Friday, August 23, 2013

National Census of Fatal Occupational Injuries In 2012 (Preliminary Injuries)

A preliminary total of 4,383 fatal work injuries were recorded in the United States in 2012, down from a revised count 
of 4,693 fatal work injuries in 2011, according to results from the Census of Fatal Occupational Injuries (CFOI) 
conducted by the U.S. Bureau of Labor Statistics. The 2012 total represents the second lowest preliminary total 
since CFOI was first conducted in 1992. The rate of fatal work injury for U.S. workers in 2012 was 
3.2 per 100,000 full-time equivalent (FTE) workers, down from a rate of 3.5 per 100,000 in 2011.

Over the last 5 years, net increases to the preliminary count have ranged from 84 in 2011 to 211 in 2009. 
The revised 2011 figure represented a 2 percent increase over the preliminary total, while the 2009 figure was 
a 5 percent increase. Revised 2012 data from CFOI will be released in the late Spring of 2014. 

Key preliminary findings of the 2012 Census of Fatal Occupational Injuries:

- Fatal work injuries in the private construction sector increased 5 percent to 775 in 2012 from 738 in 2011. 
 Total hours worked in the private construction industry increased one percent in 2012. The increase in fatal 
 occupational injuries in 2012 follows five consecutive years of declining fatal injury counts in the 
 construction sector. Fatal construction injuries are down 37 percent since 2006. 
- Since 2011, CFOI has identified whether fatally-injured workers were working as contractors at the time of 
 the fatal incident. In 2012, 708 decedents were identified as contractors, many of whom worked in construction 
 and transportation occupations.
- Fatal work injuries declined among non-Hispanic white workers (down 10 percent) and Hispanic or Latino workers 
 (down 5 percent) in 2012. Fatal work injuries were higher among non-Hispanic black or African-American workers 
 and non-Hispanic Asian workers.
- Fatal work injuries involving workers under 16 years of age nearly doubled, rising from 10 in 2011 to 
 19 in 2012—the highest total since 2005. Fatal work injuries in the other age groups declined in 2012. 
 Fatal work injuries among workers 55 years of age and older declined for the second straight year.
- Work-related suicides declined 10 percent from 2011 totals, but violence accounted for about 17 percent 
 of all fatal work injuries in 2012.
- Fatal work injuries in the private mining sector rose in 2012, led by an increase in fatal injuries to workers 
 in oil and gas extraction industries. Fatal work injuries in oil and gas extraction industries rose 23 percent 
 to 138 in 2012, reaching a new high for the series. 

Worker characteristics

The number of fatal work injuries involving non-Hispanic white workers declined 10 percent in 2012, but rose 
by 13 percent for non-Hispanic Asian workers. Despite the increase, Asian workers still recorded a lower rate of 
fatal injury than the rate for workers overall (1.8 per 100,000 FTE workers for non-Hispanic Asians versus 
3.2 per 100,000 FTE workers for workers overall).

Fatal work injuries among Hispanic or Latino workers dropped to 708 in 2012 from 749 in 2011, a decrease of 5 percent. 
Of the 708 fatal work injuries incurred by Hispanic or Latino workers, 454 (or 64 percent) involved foreign-born 
workers. Overall, there were 777 fatal work injuries involving foreign-born workers in 2012, of which the 
greatest share (299 or 38 percent) were born in Mexico.

Fatal work injuries increased for workers under 16 years of age, rising to 19 in 2012 from 10 in 2011, reaching 
its highest level since 2005. Fourteen of these young decedents were employed as agricultural workers. Fatal work 
injuries involving men fell from 4,308 in 2011 to 4,045 in 2012—the lowest total since the inception of the 
fatality census in 1992.

Fatal injuries to both wage and salary workers and self-employed workers declined in 2012.

For more detailed information on fatal injuries by worker characteristics, see the 2012 tables 
at www.bls.gov/iif/oshcfoi1.htm.

Type of incident

Transportation incidents accounted for more than 2 out of every 5 fatal work injuries in 2012. (See chart 1.) 
Of the 1,789 transportation-related fatal injuries, about 58 percent (1,044 cases) were roadway incidents involving 
motorized land vehicles. Nonroadway incidents, such as a tractor overturn in a farm field, accounted for another 
13 percent of the transportation-related fatal injuries. About 16 percent of fatal transportation incidents in 2012 
involved pedestrians who were struck by vehicles. Of the 283 fatal work injuries involving pedestrians struck 
by vehicles, 65 occurred in work zones. (Note that transportation counts presented in this release are expected 
to rise when updated 2012 data are released in Spring 2014 because key source documentation detailing specific 
transportation-related incidents has not yet been received.)

Fatal work injuries among those fatally injured in aircraft incidents in 2012 declined by 14 percent from 2011, 
accounting for 125 fatalities or about 7 percent of the transportation total.

Overall, 767 workers were killed as a result of violence and other injuries by persons or animals, including 
463 homicides and 225 suicides. The work-related suicide total for 2012 declined 10 percent from the 2011 total 
and the homicide total was also slightly lower. Shootings were the most frequent manner of death in both 
homicides (81 percent) and suicides (48 percent). Of the 338 fatal work injuries involving female workers, 
29 percent involved homicides.

Fatal falls, slips, or trips took the lives of 668 workers in 2012, down slightly from 2011. Falls to a lower level 
accounted for 544 or about 81 percent of those fatalities. In 2012, the height of the fall was reported in 437 of the 
fatal falls to a lower level. Of those cases, about one in four occurred after a fall of 10 feet or less. Another 
one-fourth of the fatal fall cases occurred from falls of over 30 feet.

While the total number of fatal work injuries involving contact with objects and equipment in 2012 remained about 
the same as in 2011, the number of workers fatally injured after being struck by objects or equipment increased by 
7 percent (to 509 fatal work injuries in 2012 from 476 in 2011). This total includes 233 workers struck by 
falling objects or equipment and 199 struck by powered vehicles or mobile equipment not in normal operation.

There were 142 multiple-fatality incidents in 2012 (incidents in which more than one worker was killed) 
in which 341 workers died.

For more detailed information on fatal injuries by incident, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Industry

In the private sector, there were 3,945 fatal work injuries in 2012, down 6 percent to a new series low. Both 
goods-producing industries and service-providing industries showed declines.

Among goods-producing sectors, the number of fatal work injuries in the private construction sector increased 
5 percent in 2012. Total hours worked were higher by one percent in 2012. The increase in 2012 was the first 
in construction fatalities since 2006. Construction fatalities are down 37 percent over that time. Construction 
accounted for the highest number of fatal work injuries of any industry sector in 2012. (See chart 2.)

Fatal work injuries in the private mining sector increased 14 percent to 177 in 2012 from 155 in 2011—the highest 
level since 2007. The number of fatal work injury cases in oil and gas extraction industries rose to 138 in 2012 
from 112 in 2011; the 2012 figure represents a series high. Fatal work injuries in coal mining increased slightly, 
and fatal work injuries in support activities for mining increased 9 percent. CFOI has used the North American 
Industry Classification System (NAICS) to define industry since 2003, and data on oil and gas extraction industries 
in CFOI comprise NAICS 21111 Oil and gas extraction, NAICS 213111 Drilling oil and gas wells, and 
NAICS 213112 Support activities for oil and gas operations.

Agriculture, forestry, fishing and hunting fatalities decreased 16 percent to 475 in 2012 from 566 in 2011. 
This follows a 9 percent drop in agriculture fatalities in 2011. Fatal injuries in the crop production, 
animal production, forestry and logging, and fishing sectors were all lower in 2012. Despite the declines in 
fatal work injuries in this sector over the last two years, agriculture recorded the highest fatal injury rate 
of any industry sector at 21.2 fatal injuries per 100,000 FTE workers in 2012.

Among service-providing industries in the private sector, fatal work injuries in transportation and warehousing 
accounted for 677 fatal work injuries in 2012, a decrease of 10 percent over the revised 2011 count (749 fatalities). 
The number of fatal injuries in truck transportation, the largest subsector within transportation and warehousing 
in terms of employment, decreased 6 percent in 2012. (As noted, transportation counts presented in this release 
are expected to rise when updated 2012 data are released in Spring 2014.) Among other transportation subsectors, 
fatal work injuries in air transportation were slightly higher, but fatalities in water and rail transportation 
were lower in 2012.

Fatal work injuries in the financial activities sector declined 17 percent in 2012 to 81. The professional and 
business services sector also reported lower numbers of fatal injuries in 2012, down 10 percent from 2011.

Fatal occupational injuries among government workers decreased 13 percent from 2011 to 438 fatal work injuries, 
the lowest fatal work injury total since the start of the fatality census. Both state government and 
local government showed declines (19 percent and 16 percent, respectively), though fatal injuries among 
federal government workers remained about the same.

For more detailed information on fatal injuries by industry, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Occupation

Fatal work injuries in construction and extraction occupations rose for the second year in a row to 838—a 5 percent 
increase from 2011. Hours worked increased one percent in this occupation group during that period. Fatal injuries 
among construction trades workers rose in 2012 to 577 after 5 years of decline. This marked an 8 percent increase 
over the series low of 533 in 2011, but a 41 percent drop from the high of 977 reported in 2006. Fatal work injuries 
to construction laborers, the subgroup in this category with the highest number of fatalities, increased 10 percent 
to 210 in 2012, following a series low of 191 in 2011. Fatal injuries to roofers, another subgroup within 
construction trades workers, rose to 70 in 2012, a 17 percent rise from 2011 marking the highest count in 5 years.
 
Fatal work injuries in transportation and material moving occupations were down 7 percent to 1,150 in 2012. 
Fatal work injuries in this occupational group accounted for about one quarter of all fatal occupational injuries. 
Drivers/sales workers and truck drivers was the subgroup within transportation and material moving occupations with 
the highest number of fatal injuries. Dropping 4 percent, this subgroup recorded 741 fatalities in 2012. Fatal 
injuries to taxi drivers and chauffeurs were down 28 percent to a series low of 46. (As noted, transportation and 
material moving counts presented in this release are expected to rise when updated 2012 data are released 
in Spring 2014.)

The number of fatal work injuries among protective service occupations decreased 21 percent in 2012 
to 224 fatalities–reaching the lowest count since the occupational series began in 2003. The decline was led 
by lower numbers of fatal injuries to police and sheriff’s patrol officers, which dropped 20 percent to 104 in 2012 
to continue a two-year downward trend. Fatal injuries to both security guards and firefighters reached series lows 
with 48 and 17 fatalities, respectively.

Fatal work injuries to workers in management occupations declined 8 percent to 429 in 2012—the lowest level 
in the series. This decrease was driven primarily by the 19 percent decline in fatal injuries to farmers, ranchers, 
and other agricultural managers from 268 in 2011 to 216 in 2012.

Fatalities among farming, fishing, and forestry occupations declined 6 percent to 245 in 2012. This was led by the 
24 percent drop in fatalities to fishers and related fishing workers from 42 in 2011 to a series low of 32 in 2012. 
Fatal injuries to logging workers have remained somewhat level for the last three years, decreasing slightly 
to 62 in 2012.

Fatal injuries to resident military personnel reached a series low in 2012, dropping 25 percent from 
57 fatalities in 2011 to 43.

For more detailed information on fatal injuries by occupation, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Contract workers

In addition to identifying the industry in which a decedent was employed, CFOI began in 2011 to identify whether 
a worker was a contractor. A contractor is defined as a worker employed by one firm but working at the behest of 
another firm that exercises overall responsibility for the operations at the site where the decedent was 
fatally injured. This information helps to identify the location and type of work being performed when 
the fatal work injury occurred.

In 2012, the number of fatal occupational injuries incurred by contractors was 708, or 16 percent of all 
fatal injuries, compared to 542 reported in 2011. Falls to a lower level accounted for 30 percent of contractor 
deaths while struck by object or equipment (18 percent) and pedestrian vehicular (11 percent) incidents also were 
frequent events among contractors.

Fatally-injured contractors were most often contracted by a government entity (151 or 21 percent of all contractors) 
and by firms in the private construction (133 or 19 percent); mining, quarrying, and oil and gas extraction 
(68 or 10 percent); and manufacturing (67 or 9 percent) industry sectors.

The majority of contractors (381 or 54 percent) were working in construction and extraction occupations when fatally 
injured. Decedents in this occupation group were most often employed as construction laborers (101), first-line 
supervisors of construction trades and extraction workers (42), electricians (39), and roofers (32). Among contractors 
who were employed outside the construction and extraction occupations group, the largest number of fatal occupational 
injuries was incurred by heavy and tractor-trailer truck drivers (50); tree trimmers and pruners (16); 
security guards (15); landscaping and groundskeeping workers (14); welders, cutters, solderers, and brazers (14); 
and athletes and sports competitors (13).

For more detailed information on fatal injuries incurred by contract workers, see the 2012 charts 
at www.bls.gov/iif/oshcfoi1.htm.

State and metropolitan statistical area (MSA)

Sixteen states and the District of Columbia reported higher numbers of fatal work injuries in 2012 than in 2011, 
while 32 states reported lower numbers. Two states reported the same number as in 2011. For more detailed state 
results, contact the individual state agency responsible for the collection of CFOI data in that state. Although 
data for Puerto Rico, the U.S. Virgin Islands, and Guam are not included in the national totals for this release, 
results for these jurisdictions are available. Participating agencies and their telephone numbers are listed 
in Table 6.

Counts for over 300 MSAs are also available for 2012 from CFOI and detailed data are available for more than 50 MSAs. 
The MSAs with the most fatal occupational injuries in 2012 were New York-Northern New Jersey-Long Island (NY-NJ-PA) 
with 178, Houston-Sugar Land-Baytown (TX) with 90, Chicago-Joliet-Naperville (IL-IN-WI) with 81, and Los Angeles-Long 
Beach-Santa Ana (CA) with 81.

For more detailed information on fatal injuries by state and MSA, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Background of the program

The Census of Fatal Occupational Injuries (CFOI), part of the BLS Occupational Safety and Health Statistics (OSHS) 
program, compiles a count of all fatal work injuries occurring in the U.S. during the calendar year. The CFOI program 
uses diverse state, federal, and independent data sources to identify, verify, and describe fatal work injuries. 
This assures counts are as complete and accurate as possible. For the 2012 data, over 19,000 unique source documents 
were reviewed as part of the data collection process.

The Survey of Occupational Injuries and Illnesses (SOII), another component of the OSHS program, presents frequency 
counts and incidence rates by industry and also by detailed case circumstances and worker characteristics for 
nonfatal workplace injuries and illnesses for cases that result in days away from work. Incidence rates for 2012 
by industry and case type will be published in October 2013, and information on 2012 case circumstances and worker 
characteristics will be available in November 2013. For additional data, access the 
BLS Internet site: www.bls.gov/iif/. For technical information and definitions for the CFOI program, 
please go to the BLS Handbook of Methods on the BLS website at www.bls.gov/opub/hom/pdf/homch9.pdf.


….
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 the "national census" and workers' compensation.

Mar 17, 2011
US Lacks a Census of Occupational Illness and Disease. In a series of articles, Celeste Monforton discusses the absence in the U.S. of a comprehensive system for surveillance of occupational illnesses sand disease.

Thursday, August 23, 2018

The Admissibility of Scientific Evidence: A New Evidentiary Standard

The New Jersey Supreme Court has adopted a new evidentiary standard to evaluate the admissibility of scientific evidence. While expanding the guidelines to consider Daubert factors in determining the admissibility of expert testimony, the Court did not embrace the full body of Daubert case law as applied by 39 other state and federal courts. Daubert v. Merrill Dow Pharms., Inc. 509 U.S. 579 (1973), N.J.R. Evid. 702.

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.

Friday, June 4, 2010

Oil Spill Workers Exposed to Hazards

The US Occupational Safety and Health Administration (OSHA) has issued safety precautions to be taken by workers who are responding to the British Petroleum oil spill.

The original workers' compensation acts of 1911 did not consider occupational illnesses and diseases compensable events. Through the years that has changed and those conditions are now compensable in most jurisdictions. The American legal system, which was based upon British common law, rapidly developed a need to adopt a mechanism for the delivery of benefits to injured workers during the early 20th century. The initial workers' compensation statutes adopted by numerous states were based upon the British statute which provided for compensation benefits in cases in which traumatic accidents had occurred but not in cases in which occupational disease was involved. While the British statute was amended by 1906 to include occupational disease, none of the American statutes reflected this modification at the time of their enactment.

"Marine oil spill responders face a variety of health and safety hazards, including fire and explosion, oxygen deficiency, exposure to carcinogens and other chemical hazards, heat and cold stress, and safety hazards associated with working around heavy equipment in a marine environment. A full discussion of these hazards is beyond the scope of this training booklet, but a brief list of hazards and their known health consequences is shown in Table 1 [see below]. Your workers should be trained to anticipate and control exposure to the hazards associated with their assigned duties.

"To determine acceptable levels of exposure and train your workers about them, consult OSHA's exposure limits in Subparts G and Z. If OSHA does not regulate an exposure of concern, consult the National Institute for Occupational Safety and Health (NIOSH) Recommended Exposure Limits (RELs) and Immediately Dangerous to Life and Health (IDLH) levels. If neither OSHA nor NIOSH has established a limit, consult the American Conference of Government Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) and Biological Exposure Indices (BEIs) for chemical, physical, and biological agents. You may use a more protective limit than OSHA's if one has been established and plan your controls accordingly. Material Safety Data Sheets from the product manufacturer may provide useful information for worker training.

"Additional Hazards Marine oil spill responders need training to work safely around these and other potential hazards. You should decide which hazards apply to your operations.

  • Biological (e.g., plants, animals, insects, remediation materials)
  • Drowning
  • Noise
  • Electricity
  • Slips and Trips
  • Biohazardous debris (e.g., syringes on shoreline)
  • Ergonomic Stresses (e.g., repetitive strain, low back pain)
  • Sunburn
  • Confined Spaces
  • Underwater Diving
  • Falls
  • Unguarded Equipment
  • Cranes
  • Fatigue
  • Vehicles (e.g., aircraft, boats, cars, trucks)
  • Cutting and Welding
  • Fire and Explosion
  • Degreasers
  • Heat or Cold Stress
  • Dispersants
  • In-Situ Burning Particles
Hazards of exposure include the following:

Friday, July 18, 2014

Guangzhou court rejects shipyard workers’ occupational disease lawsuit

A Guangzhou court has dismissed a lawsuit brought by 34 shipyard workers who claimed their employer, CSSC Guangzhou Longxue Shipbuilding Co. Ltd, had colluded with its affiliated hospital to conceal the results of health checks which should have revealed the early stages of the deadly lung disease pneumoconiosis.
The Liwan District Court ruled that the workers did not prove they’d had their medical checks done at the Guangzhou Shipbuilding Factory Hospital between 2009 and 2011, and said that their current medical condition had nothing to do with the medical test results in the past.



Some of the workers (left) described the verdict as “total bullshit” and said they would meet their lawyers to discuss an appeal.
The case originated in November 2012, when one worker left the company and did his final medical check-up at the Guangzhou Shipbuilding Factory Hospital. The results showed no abnormalities on his lungs but just seven days later when he went to a local hospital that specialized in occupational disease, he was promptly diagnosed with pneumoconiosis.
When news of the worker’s test results started to spread, many of his co-workers followed suit and got tested independently. Eventually, 23 workers were diagnosed with suspected pneumoconiosis. Most of the workers were welders who had worked for many years in cramped, dust-filled ship compartments.
The appalling working conditions were revealed on a Guangzhou television news program last year, which...
[Click here to see the rest of this post]

Friday, January 16, 2015

Breast Cancer and Occupational Hazards: A Time For Action

Breast cancer is a major disease that impacts for females and males. Historically research into the causal relationship of workplace hazards have been lacking and the disease continues to result in illness and death to workers and their families. Prevention and treatment have largely been ignored as the pharmaceutical industry continues to offer palliative care. Today's post discusses the immediate need to expand research into the association of occupational hazards with disease. Today's post is shared from tuc.org.uk and apha.org.

"Breast cancer is the most prevalent cancer among women in the United States and other countries, making it a major public health concern. Despite significant scientific evidence about its known or suspected causes, research and prevention measures to identify and eliminate occupational and other environmental hazards and risk factors for breast cancer remain largely overlooked. As a result, hazards continue unabated for women generally, especially those who work outside the home. The science linking breast cancer and occupation in particular is growing. Researchers have identified commonly used chemicals that induce breast tumors in test animals. Animal studies link chemicals that mimic reproductive hormones to elevated breast cancer rates. Other animal and human studies link chemical exposures to increased breast cancer rates, including two recent investigations focused on occupational hazards. But the latter are the exception. Studies that attempt to identify and characterize workplace agents linked to breast cancer, as well as intervention studies focusing on the use of less toxic processes and substances, are limited. In what might be construed as a case of gender and social class bias, many research and funding agencies have ignored or downplayed the role of occupational studies despite their relevance to prevention efforts. Action required starts with making a national priority of promoting and supporting research on occupational and other environmental causes of breast cancer. Other public health actions include hazard surveillance and primary prevention activities such as reductions in the use of toxic materials, informed substitution, and green chemistry efforts."




Click here to read the complete article.

Monday, January 30, 2012

NFL Players Tackling Heart Disease

Many football players are essentially paid to be big—really big—especially those whose job is to block or stop the big guys on the other team.  They also suffer from medical conditions that are work related and claim medical benefits and other benefits available under the Workers' Compensation Act. 
There is a good chance that these players weigh in at sizes that are classified as obese as defined by body mass index (BMI).  In the general population, high BMI generally correlates with high body fat, and we know that high body fat is a risk factor for death (mortality) and heart disease.  Is the same true for elite athletes, for whom high BMI may relate to increased muscularity rather than increased body fat?  What if the athlete plays a position where size simply matters, regardless of whether size is related to muscle or to body fat?   And what happens when former athletes are no longer conditioning at their playing-day levels?  Do professional football players die earlier than or more often from heart disease or cancer than the average American male?   New research from the National Institute for Occupational Safety and Health (NIOSH) helps answer these and other questions.
In 1994, NIOSH published research examining death rates and risk factors for former National Football League (NFL) players.1  At that time the research was based on all deaths that had occurred through 1991.   After following these players for an additional 16 years, NIOSH has just published new researchExternal Web Site Icon. on the topic in the American Journal of CardiologyExternal Web Site Icon..  
The study included 3,439 retired NFL players from the 1959 through 1988 seasons.  The study found that:
  • Players had a much lower overall rate of death compared to men in the general U.S. population of similar age and racial mix. On average, NFL players are actually living longer than the average American male. Out of the 3,439 players in the study, 334 were deceased. Based on estimates from the general population, we anticipated roughly 625 deaths.
  • Players also had a much lower rate of cancer-related deaths compared to the general U.S. population. A total of 85 players died from cancer when we anticipated 146 cancer-related deaths based on estimates from the general population.
  • Players who had a playing-time BMI of 30 or more had twice the risk of death from heart disease compared to other players. Similar findings have been noted in other studies. Offensive and defensive linemen were more likely to have a BMI greater than 30. A BMI of 30 or more is considered obese in the general population whereas a healthy BMI is between 18.5-24.9.
  • African American players had a 69% higher risk of death from heart disease compared to Caucasian players.   The study controlled for player size and position and determined that those factors are not the reason for this difference.
  • Defensive linemen had a 42% higher risk of death from heart disease compared to men in the general population. A total of 41 defensive linemen died of heart disease, when we anticipated 29 deaths based on estimates from the general population.  Among the 41 defensive linemen who died of heart disease, 8 deaths were due to cardiomyopathy (a specific kind of heart disease that causes the heart to enlarge and can lead to heart failure). We anticipated fewer than two deaths from cardiomyopathy. We saw this increased risk only among the defensive linemen.
Source The NIOSH Science Blog

Read Also: 
Body Mass Index, Playing Position, Race, and the Cardiovascular Mortality of Retired Professional Football Players
"The initial cohort included 3,732 NFL players but 292 players with unknown race and 1 “player” who was actually a trainer were excluded. By the end of follow-up in 2007, the final cohort of 3,439 players contributed 104,776 person-years at risk and 334 deaths. On average the cohort was followed for 26.8 ± 8.7 years (mean ± SD) after retirement from the NFL. For players still alive, the median age at the study end date was 57 years; 60% of the players were white (including 15 Hispanics) and 39% were African-American..."

Friday, January 22, 2021

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.

Thursday, August 22, 2013

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

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

Saturday, November 30, 2013

Pennsylvania Supreme Court Rules Exclusivity Doctrine Not a Bar to Asbestos Claim Against an Employer Directly If Late Manifestation

The Pennsylvania Supreme Court permitted a civil action to go forward against an employer where the employee was exposed to asbestos fiber and contracted mesothelioma. The Court ruled that the latent manifestation, after the 300 week statutory period had lapsed and the Exclusivity Doctrine was not applicable.

The court held, "that claims for occupational disease which manifests outside of the 300-week period prescribed by the Act do not fall within the purview of the Act, and, therefore, that the exclusivity provision of Section 303(a) does not apply to preclude an employee from filing a common law claim against an employer."

Tooley v AK Steel Corporation
No. 21 WAO 2011, No. 22 WAP 20111, No. 23 WAP 2011
2013 Pa. LEXIS 2816
Decided: November 22, 2013

Ed Note: My thanks to Judge David B. Torrey for sharing this decision. Note the reference in the  Dissenting Opinion of Mr. Justice Saylor:
"8 David B. Torrey & Andrew E. Greenberg, Pennsylvania
Workers' Compensation Law & Practice §14.10 (3d ed. 2011) (expressing that Section 301(c)(2)'s time 
limitation constitutes a "substantive prerequisite to ascertainment of the compensability," intended 
to "establish, via arbitrary time basis, some outside limit to govern the potential  [*64] liability of the 
employer"). Accordingly, I would hold that the 300-week limitation in Section 301(c)(2) has no effect on 
whether a worker's occupational disease comes within the WCA's coverage. As such, the exclusivity 
mandate appearing in Section 303(a) of the statute applies, in my view, to preclude Plaintiffs from 
maintaining a negligence-based lawsuit against Employers.16"
….

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.

Wednesday, December 22, 2021

Household Contacts can sue an employer for harm caused by COVID

The longstanding principle that household contacts of an employee can sue an employer for harm has been upheld in a California claim. An employee who brought home the COVID virus and infected a household member, in this case, death, was the basis of a direct case by the deceased family member’s estate against the employer.

Monday, October 1, 2018

Rand Study Urges National Workers’ Compensation Reforms

A national study by the Rand Corporation is urging changes to the workers’ compensation system. The study was commissioned by the US National Institute for Occupational Safety and Health (NIOSH) and approaches necessary improvements inorder to make the nation’s workplaces safer.

Wednesday, October 26, 2011

Employee Allowed to Sue Employer for Negligence Resulting From an Occupational Exposure

Guest Blog by John R. Boyd

A Court of Appeals in Missouri has ruled that an employee, who became ill as a result of an occupational exposure to asbestos fiber, may sue his employer for negligence. The Court ruled that the limitations on recovery of the Workers' Compensation Act did not bar a claim where an occupational exposure occurred.

On September 13, 2011, the Court of Appeals for the Western District of Missouri issued a very rare en banc opinion on a writ of prohibition allowing the employee's claim to go forward. The ill worker was exposed to asbestos, a known cancer causing agent, while working for 
KCP&L Greater Missouri Operations Company (KCP&L)  from 1954 to 1988 and was diagnosed with mesothelioma in 2010. Mesothelioma is a rare, but fatal, asbestos related disease.

His claims against his employer, KCP&L,  relied upon premises liability and negligence theories. The employee alleged that KCP&L had a duty to exercise "reasonable care" in preventing an "unreasonable risk of injury."   KCP&L argued that the Missouri Workers' Compensation Act was his exclusive remedy, and sought summary judgment, which was ultimately denied by the trial court.

The Appeals Court held in its 7-2 opinion, that a strict reading of the  Missouri Statutes §287.020.2 and §287.120 defeated KCP&L's argument that the claimant's occupational disease was covered by the Act, and that workers' compensation was the employee's exclusive remedy available. The Court reasoned that the 2005 amendments to the Missouri Workers' Compensation Act required a "strict construction" of the Act. 

The exposure at work was deemed not to be a specific accident, but rather a continuous occupational exposure over 34 years. The Appeals Court differentiated the occupational exposure to asbestos from a specific accident that is defined as "an unexpected traumatic event or unusual strain identifiable by time and place of occurrence and producing at the time objective symptoms of an injury caused by a specific event during a single work shift."

The Court's ruling opened the door for this worker and others who have been exposed in such a fashion to pursue a lawsuit against his or her employer directly, and not be constrained by the limited economic bounds of the Workers' Compensation Act.

This change in the law came about as a result of previous aggressive actions by business and industry to modify the Missouri Workers' Compensation Act in an to attempt to eliminate claims. The ultimate lesson to be learned is that when a pro-business Legislature deforms the law, and attempts to carve-out certain types of injuries from being compensable, they force such cases into the civil arena. Be careful what you ask for----you just might get what you deserve.

Following the Appeals Court's  ruling, an Application for Transfer to the Missouri Supreme Court was filed by counsel for the appellant's on 9/27/11. No ruling on the transfer request has been made by the Missouri Supreme Court.

State ex rel KCP&L Greater Missouri Operations Company v. Hon. Jacqueline Cook WD73642 2011 WL 4031146 (Mo.App. W.D.) (September 13, 2011)


John R. Boyd  is President of the Workers' Injury Law and Advocacy Group (WILG). He is the managing partner of Boyd & Kenter, P.C., Kansas City, MO, and is licensed to practice in Missouri, the United States Court of Appeals for the Eighth Circuit; and the United States District Court for the Western District of Missouri. He is currently a member of the Missouri Bar Association, the Kansas City Metropolitan Bar Association (Chairman of the Workers' Compensation Committee 2000-2001), the Missouri Association of Trial Attorneys (MATA), and the American Association for Justice. 

Tuesday, January 24, 2012

Workers Compensation Fails to Cover Most Occupational Disease Claims

A just published study reports that only 25% of occupational disease claims are covered by US workers' compensation programs.

Click here to read the entire report: Economic Burden of Occupational Injury and Illness in the United States  Get PDF (611K)
"The medical and indirect costs of occupational injuries and illnesses are sizable, at least as large as the cost of cancer. Workers’ compensation covers less than 25 percent of these costs, so all members of society share the burden. The contributions of job-related injuries and illnesses to the overall cost of medical care and ill health are greater than generally assumed."

Friday, October 20, 2023

New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim

In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.

Sunday, April 12, 2020

OSHA Steps Backwards on COVID-19 Occupational Exposures

On Friday, the Occupational Health and Safety Administration [OSHA] announced a policy minimizing occupational exposure to COVID-19 exposures and disease in the workplace. The policy contradicts the nationals patchwork of state Workers’ Compensation Acts that have statutorily included occupational exposure to infectious disease as a work-related and compensable illness.

Thursday, August 29, 2013

Who Is Paying the Bills for Occupational Illnesses and Disease?

A recently published study from the US Department of Health and Human Services (NIOSH) reports that 45% of emergency room medical expenses for occupational illnesses and disease are not expected to be paid by workers' compensation insurance coverage.

Click here to read the complete report: Use of Workers’ Compensation Data for Occupational Safety  and Health: Proceedings from  June 2012 Workshop (May 2013) Identifying Workers’ Compensation as the Expected Payer in  Emergency Department Medical Records,  Larry L. Jackson, PhD, Susan J. Derk, MA, Suzanne M. Marsh, MPA, Audrey A. Reichard, OTR, MPH  National Institute for Occupational Safety and Health

Tuesday, September 15, 2009

The Urgent Need for Workers Compensation Flu Pandemic Planning

The 2009 influenza pandemic (flu) has created a new framework of acts and regulations to respond the World Health Organization’s (WHO) phase 6 pandemic alert. Governmentally imposed employment disruptions resulting from regulatory work disruptions to prevent the spread of disease maybe massive. While workers’ compensation was envisioned as a summary and remedial social insurance program, the challenges facing the workers’ compensation system to deliver benefits as promised may be seriously burdened.


There has been a global reaction to the 2008 influenza pandemic. On April 25, 2009, the WHO director-General Dr. Margaret Chen declared the H1N1 virus outbreak as a “Public Health Emergency of International Concern.” The international declaration indicated that a coordinated international response was potentially necessary to prevent curtail the spread of the disease that was perceived as a public health risk. Recommendations to restrict both trade and travel may follow.


The United States has structured its response on both a State and Federal level to the 2009 influenza alert. The Public Health Service Act (PHS) permits the Secretary of Health and Human Service (HHS) to access a special emergency fund, allows or the use of unapproved medical treatments and tests, and allows waiver of certain reimbursement of Medicare and Medicaid expenses, and waives penalties and sanctions for violation of the HIPAA Privacy Rule requirements. Additionally, the President may issue an emergency declaration under The Stafford Act to co-ordinate emergency relief under State and Federal programs, ie. use and distribution of anti-viral medications.


The Federal government has sweeping powers under the PHS that could disrupt employment throughout the country. Recommendations for school closings will impact children and staff well beyond the approximate 700 facilities that were closed in the Spring of 2009 during the H1N1 initial outbreak. The Federal government under the PHS has authority to quarantine (interstate and border) and to isolate. An Executive Order (E.O. 13375, April 2005) enumerates the “quarantainable diseases.” Travel restrictions may be imposed to limit the spread of a communicable disease. Employees may not be permitted to board flights under either voluntary airline restrictions or through the Federally imposed “Do Not Board” lists.


These closings and restrictions have raised issues as to what programs, if any, will be able to provide benefits to the employees because of the involuntary nature of the closings and disruptions. A recent Harvard School of Public Health study reveals that 80% of businesses foresee severe problems in maintaining operations if there is an outbreak. The workers’ compensation system could be requested to provide temporary disability benefits for occupational disease absences on a massive scale never before experienced. Pre-emption by superseding emergency regulatory actions may curtail employment that will trigger the implementation of State workers’ compensation benefits. The employer and the workers’ compensation insurance carriers will be required to pay temporary disability and medical benefits as a direct consequence of efforts to prevent the spread of a communicable disease. The carefully crafted employee-employer notification structure integrated into the workers’ compensation system may be partially or entirely disrupted by the consequences and chaos of the global health emergency.


Workers’ Compensation claims arising out of the influenza pandemic of 2009 will need to fit into the convoluted framework statutory acts and regulation. Reimbursement from the usual collateral third-party reimbursement sources may be restricted. In addition to the Doctrine of Sovereign Immunity, enjoyed by the Federal and State governments, other legislation including The “Public Readiness and Emergency Preparedness Act" (PREP Act) limits liability of others under certain specific emergency circumstances.


The enormity of the Pandemic presents a new and novel challenge to the system and one that must be considered by both Federal and State planners. Workers’ Compensation programs have adapted to emergencies before including natural disasters and terrorist attacks. The urgency of the situation requires that the system be vaccinated now.