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."

Click here to read the entire article, "The Lack of Correspondence Between Work-Related Disability and Receipt of Workers' Compensation Benefits," American Journal of Industrial Medicine 55:487-505 (2012).

Related Articles on Alternative Compensation Programs

The World Trade Center Health Program Expands The Path to

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 ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Agenda Announced for Public Meeting on ...

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.

http://workers-compensation.blogspot.com/

Designing the New Federal 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 ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Synchronizing Federal Care for Oil Spill ...

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 ...

http://workers-compensation.blogspot.com/

Workers' Compensation: A Nuclear Workers' Compensation Disaster

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 ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Vermont Universal Health Care to Embrace ...

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 ...

http://workers-compensation.blogspot.com/

Related articles

• Trending: Opting-Out of Workers' Compensation

  ---

• Workers' Compensation: Are Second Injury Funds Going to be History Soon?

  ---

• Federal RICO Claim May Not Be Preempted by a State Workers Compensation Act

  ---

WHO Concludes Occupation Exposure to Bitumens Can Cause Cancer

The World Health Organization (WHO)/International Agency for Research on Cancer’s Monographs programme re-evaluated various occupations that entail exposures to bitumens and bitumen emissions, including road paving, roofing, and application of mastic asphalt.

After an 8-day comprehensive review, the Working Group concluded that:

• occupational exposures to oxidized bitumens and their emissions during roofing are ‘probably carcinogenic to humans’ (Group 2A);

• occupational exposures to hard bitumens and their emissions during mastic asphalt work are ‘possibly carcinogenic to humans’ (Group 2B); and

• occupational exposures to straight-run bitumens and their emissions during road paving are ‘possibly  carcinogenic to humans’ (Group 2B).

Bitumens are produced by distillation of crude oil during petroleum refining, and also occur naturally. Bitumens can be  divided into broad classes according to their physical properties and specifications required for the different uses. The  major use of bitumens is in asphalt for road paving; other uses include roofing, waterproofing, and sealing and  painting.  Application of bitumens may generate hazardous emissions.

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 occupational accidents and illnesses.

Related articles

• How To Determine If A Substance Causes Cancer at Work (workers-compensation.blogspot.com)
• World Trade Center dust and 9/11 first responders with cancer, time for U.S. Government to stop withholding benefits (workers-compensation.blogspot.com)
• The Need to Incorporate Occupational Histories Into Electronic Medical Records (workers-compensation.blogspot.com)

Designing the New Federal Workers Compensation Program

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 sweeping concept of inclusiveness is more than obvious.

This is not a surprising turn of events. It is entirely consistent with a broad pattern to sweep the ailing and fragmented patch work of state programs into a unified Federal program. In an era of economic depression, national health care reform and major workforce changes this approach is consistent with the underlying bipartisan national philosophy.

Columnist and an expert in the field, Peter Rousemaniere, recently concluded an analysis of system’s failures that have literally pushed workers’ compensation into a federalized program. “The states and workers' compensation insurers have for decades weaseled on the promise to protect workers from occupational illnesses and to honor their claims.” 

The knee jerk reaction, one would think, would be this could never happen because of interested stakeholders. In reality, they have been silently distracted by more far reaching issues and have been economically drained of resources to the point where they’ll take anything the Federal Government can offer to save them from extinction.

The Federal government is not unfamiliar with the administration and distribution of benefits. Since 1882 the federal government has been providing benefits to injured workers and their widows:  in 1900 the postal workers compensation system was established; in 1908 the Federal government established a program for those who work in hazardous environments; and, in 1932 the Social Security Administration was established. However, the Social Security Act did not embrace workers’ compensation in 1932 since the primary goal of the law was to reduce unemployment. 

The federal programs have produced a dismal result over the last few years.  The Federal Victims Compensation Fund, enacted following the horrific tragedy of September 11^th, 2001, has a very strict eligibility criteria and a limited recovery scheme.  The Smallpox Emergency Personnel Protection Act of 2003 (SEPPA) was enacted following an aborted vaccination program after the government reluctantly disclosed available medical research concerning potential fatal cardiovascular reactions.  A risk analysis demonstrated that this program may not have been needed at all but was merely implemented to sway public opinion.  Ultimately, the federal government halted the Smallpox Vaccination Program and funded $100 million for the purpose of cleaning up the legacy of adverse medical reactions and to ease the burden placed upon the victims and their estates that were struggling to obtain benefits under State compensation programs.

The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) (P.L.106-398) was enacted into law in October, 2000 with strong bipartisan support. EEOICPA established a program to provide compensation to employers of the Department of Energy (DOE), its contractors and subcontractors, companies that provided beryllium to DOE, and atomic weapons employers.

The Federal health care reform is a big Federal deal for workers’ compensation as it establishes the Libby Health Care Plan with far reaching impact by involving Medicare to deliver health care. The ongoing integration of conditional payments (Medicare Secondary Payer Act and mandatory reporting) as well as the review of all compromises concerning  the provision of future medical care (Workers Compensation Medical Set-aside Agreements) is already anther Federal foot in the door to prevent what in the past was a tradeoff of medical care to US taxpayer without consideration.

While federalization may not be the panacea, the target remains to limit the cost of medical expenses and provide an efficient and remedial benefit delivery system at minimal cost for administration and to hold the appropriate parties financial responsible.  The costs of maintaining duplicate medical delivery systems for workers, major medical and workers’ compensation, continues to represent an unnecessary and costly duplicate expenditures in administration and management.

The BP-Federal Oil Compensation Plan is yet another attempt to find a solution. While it may not be perfect, hopefully it will be guided successfully and will learn from past Federal trials and errors dabbling in workers’ compensation. It is obviously not the perfect solution, but that may only exist as an unattainable goal. The first step is a comprehensive and integrated Federal workers’ compensation program. A step in the right direction would be for the Federal Government to take primary responsibility for all occupational workers’ compensation claims. This would be an innovated initial approach to implement a new Federally administered Workers’ Compensation system.

To read more about federalization and workers' compensation click here.

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.

BP Oil Spill Compensation Flows to Florida

Oil compensation funds are now flowing along the predictable loop current to the State of Florida. The Palm Beach Post reports that while 90,000 claims have been filed as of July 2, 2010 by individuals totally, in Florida only one in four of the 25,000 have yet to be paid. Most of #22.4 million that BP has paid in Florida has gone to compensate for lost wages.

To read more about petroleum exposure and workers' compensation click here.

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.

NIOSH Targets the Safety and Health of Oil Spill Workers

The National Institute for Occupational Safety and Health (NIOSH) added further resources to its web page on occupational safety and health issues associated with the Deepwater Horizon Response in the Gulf of Mexico. This is an expansion of the Federal government' s plan to design an oil spill compensation fund.  The new additions provide NIOSH's updated, science-based interim findings and recommendations to help protect the safety and health of Deepwater Horizon Response workers:

• “Interim Guidance for Protecting Deepwater Horizon Response Workers and Volunteers.”www.cdc.gov/niosh/topics/oilspillresponse/protecting/ This document recommends interim measures under a comprehensive approach for protecting the health and safety of the response workers in the Gulf. Recommendations will be updated as more information about exposures is collected and assessed in relationship to the incidence and prevalence of symptoms, illnesses and injuries. (Added June 25.)
• A table of respiratory protection recommendations for Deepwater Horizon Response workers – at a glance. (Added June 25.)www.cdc.gov/niosh/topics/oilspillresponse/pperecsumm.html
  
• “Staying Safe and Healthy on the Job” – concise tips for Deepwater Horizon Response workers, in English, Spanish, and Vietnamese. (Added June 29.) www.cdc.gov/niosh/topics/oilspillresponse/dwhworkertips.html
  
• The first of a series of interim reports from the NIOSH health hazard evaluation of response workers. (Added June 25.)www.cdc.gov/niosh/topics/oilspillresponse/gulfspillhhe.html
  
• A NIOSH report of BP injury and illness data, updated as of June 30. This report is designed to provide a basic overview of illnesses and injuries reported by responders involved in the Deepwater Horizon response. It will be updated on a regular basis as new data becomes available. The data utilized to produce the report was provided to NIOSH by BP safety officials.www.cdc.gov/niosh/topics/oilspillresponse/data.html
  
• Also added on June 25 was a copy of a NIOSH presentation regarding the federal response to the Deepwater Horizon Response health issues, from a June 22-23 workshop by the Institute of Medicine.www.cdc.gov/niosh/topics/oilspillresponse/pdfs/IOMNIOSHPresentation.pdf

NIOSH also updated statistics from its work in developing a voluntary roster of Deepwater Horizon Response workers. With the roster, NIOSH will have a record of those who have participated in cleanup activities, and a mechanism to contact them about possible work-related symptoms of illness or injury, as needed. As of June 30, 2010, NIOSH had rostered 26,289 response workers.www.cdc.gov/niosh/topics/oilspillresponse/workerroster.html

Additional NIOSH information and resources about the Deepwater Horizon Response can be found atwww.cdc.gov/niosh/topics/oilspillresponse/.

To read more about petroleum exposure and workers' compensation click here.

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.

Gulf Oil Spill Forecast to Involve The US East Coast

The  National Oceanic and Atmospheric Administration (NOAH) has just released a dismal projection that there was a high probability that the Gulf Oil Spill will migrate up the East Coast of the US.


"Much of the west coast of Florida has a low probability (1%–20%) for impact, but the Florida Keys, Miami, and Fort Lauderdale areas have a greater probability (61%–80%) due to the potential influence of the Loop Current."


If this senario plays out, the health threat to workers and volunteers will expand.


To read more about petroleum exposure and workers' compensation click here.

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. 

Occupational Risks and Health Hazards to Oil Spill Workers & Volunteers

Video Highlight: Welcome Remarks by Harvey V. Fineberg, President, IOM

Several days ago the US Institutes of Medicine held a conference on the medical conditions potentially related to occupational exposures arising out of the gulf oil spill. The complete program,  Assessing the Human Health Effects of the Gulf of Mexico Oil Spill: An Institute of Medicine Workshop, is now available online.

To read more about petroleum exposure and workers' compensation click here.

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. 

EPA Recommends Further Toxicity Studies of Gulf Oil Dispersants

The Environmental Protection Agency today released peer reviewed results from the first round of its own independent toxicity testing on eight oil dispersants. EPA conducted testing to ensure that decisions about ongoing dispersant use in the Gulf of Mexico continue to be grounded in the best available science. Additional testing is needed to further inform the use of dispersants. 


Mandated by the US EPA , British Petroleum (BP) was ordered to reduce the amount of dispersants being utilized. "BP shall implement measures to limit the total amount of surface and subsurface dispersant applied each day to the minimum amount possible. BP shall establish an overall goal of reducing dispersant application by 75% from the maximum daily amount used...."


One of the primary dispersants been utilized is Corexit(r) 9500. NALCO, the manufacturer warns on the material data safety sheet (MSDS): "Do not get in eyes, on skin, on clothing. Do not take internally. Avoid breathing vapor. Use with adequate ventilation. In case
of contact with eyes, rinse immediately with plenty of water and seek medical advice. After contact with skin, wash immediately with plenty of soap and water."


"EPA's results indicated that none of the eight dispersants tested, including the product in use in the Gulf, displayed biologically significant endocrine disrupting activity. While the dispersant products alone – not mixed with oil - have roughly the same impact on aquatic life, JD-2000 and Corexit 9500 were generally less toxic to small fish and JD-2000 and SAF-RON GOLD were least toxic to mysid shrimp."


The EPA called for further testing. The next phase of EPA’s testing will assess the acute toxicity of multiple concentrations of Louisiana Sweet Crude Oil alone and combinations of Louisiana Sweet Crude Oil with each of the eight dispersants for two test species. 


To read more about petroleum exposure and workers' compensation click here.

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. 

NIOSH Is Developing a Voluntary Roster of Exposed Oil Spill Workers

The National Institute for Occupational Safety and Health (NIOSH) is building upon the historical problems of past national disasters by establishing a registry of cleanup workers of the Gulf oil spill. In the past, those who have suffered serious occupational exposures during the recovery phase have not been identified nor followed epidemiologically.

"NIOSH is developing a voluntary roster containing information about thousands of response workers who are participating in the recovery efforts to create a record of those who have participated in cleanup activities and a mechanism to contact them about possible work-related symptoms of illness or injury, as needed. The information collected in this roster would be vital for possible future studies to determine whether health conditions that may develop are associated with occupational exposures during the cleanup. In an attempt to reach all cleanup workers, a rostering program is being administered in English, Spanish, and Vietnamese. NIOSH has also extended the rostering effort to include federal workers and state and county workers who have received the required safety training and who are responding in the event. Through our rostering efforts to date, we have already captured information from more than 20,357 workers responding to this event. More information including copies of the rostering form are available on the NIOSH website.

NIOSH Deepwater Horizon Initial Roster Form 

To read more about petroleum exposure and workers' compensation click here.

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. 

Louisiana Health Department Reports 162 Cases of Oil Spill Worker Illness

Louisiana DHH Releases Oil Spill-Related Exposure Information
162 Exposure-Related Cases; Officials Continue to Monitor Health Impacts

One hundred and sixty-two cases of oil spill exposure-related cases have been reported to the Louisiana Department of Health and Hospitals (DHH) to date, according to its fourth surveillance report released today. One hundred and twenty-eight of those cases involved workers on oil rigs or workers involved in the oil spill clean-up efforts, while 34 were reported by the general public.

The Department is gathering data reported through its surveillance network of doctors, clinics, emergency care locations and medical facilities, which are reporting illnesses and injuries related to the oil spill for the ongoing database. Each exposure-related complaint is followed up on by DHH Office of Public Health staff.

This week's report also includes summaries of air surveillance and seafood surveillance data generated by state and federal agencies, including the EPA, the Center for Toxicology and Environmental Health, a private company working with BP, and the Louisiana departments of Wildlife and Fisheries, and Environmental Quality. The seafood data shows that 262 samples of various kinds of seafood have been sampled and tested for chemicals present in hydrocarbons.

Breakdown of Cases by Category:

• Of the workers who reported illnesses, 120 were male, eight were female. Of the general public, 9 were male, while 25 were female. Most of those individuals who reported illnesses were between the ages of 18 and 64.
• Most workers either utilized an emergency room or urgent care center, or a clinic or physician's office (104 and 21, respectively). Nineteen workers and two members of the general public with mild symptoms had short hospitalizations.

Questions about exposure-related illnesses can be directed to the Louisiana Poison Center: 1-800-222-1222. The Poison Center is staffed 24-hours a day and can provide medical management advice. To report an exposure-related illness, call 1-888-293-7020.

The full Oil Spill Surveillance Report is available here. The report will be generated by DHH weekly and posted on www.dhhemergencynews.com.

DHH's Office of Public Health, Section of Environmental Epidemiology & Toxicology gathers and analyzes information provided by surveillance sites, including hospital emergency departments, outpatient clinics, physician's offices and the Louisiana Poison Center.

To read more about petroleum exposure and workers' compensation click here.

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. 

OSHA Issues an Interim Guidance to Protect Health of Oil Spill Workers & Volunteers

OSHA has issued 7 recommendations to protect the health and safety of Deepwater Horizon workers and volunteers. Exposures to toxic chemicals and physical agents, heat, fatigue and psychological stress remain a focal point of concern. The document discusses the serious health effects of crude oil and il dispersant exposure.


To read more about petroleum exposure and workers' compensation click here.

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. 

How to File a Gulf of Mexico Incident Claim

The Deepwater Horizon Unified Command has established the following process for submission of Deepwater Horizon incident claims.

BP has established an Online Claim Form as well as a Claims Line for oil spill-related claims.  

Online Claim forms are available in three languages:

• English
• Spanish
• Vietnamese

The toll-free number for the claims line is 1-800-440-0858. The line is available 24 hours a day, 7 days a week.

• Personnel at the Claims Line will provide each caller with information on how to submit a claim.

• Each claim will be assigned to an adjuster and the claim will promptly be investigated and evaluated.

• Larger and more complex claims may require additional investigation and documentation prior to evaluation and resolution.

• BP will pay resolved claims promptly. 

BP takes responsibility for responding to the Deepwater Horizon oil spill. We will clean it up. BP has established a robust process to manage claims resulting from the Deepwater Horizon Incident.

BP will pay all necessary and appropriate clean-up costs.

BP is committed to pay legitimate and objectively verifiable claims for other loss and damage caused by the spill – this may include claims for assessment, mitigation and clean up of spilled oil, real and property damage caused by the oil, personal injury caused by the spill, commercial losses, including lost of earnings, profit and other losses as contemplated by applicable laws and regulations.

Additionally, BP has established several claims offices along the Gulf Coast. The office hours are from 8 a.m. to 7 p.m. each day. BP has posted a video about the claim center on their Web site: click here to watch the video.

For more detailed information regarding BP claims process, click here. 

Federal disaster assistance information: 

Individuals and businesses looking for information on how to obtain Federal assistance for dealing with the impacts of the current oil spill should visit www.DisasterAssistance.gov. Before applying for Federal assistance, individuals should first make a claim with the responsible parties. See information on this page above for that process.

DisasterAssistance.gov includes information on the types of Federal assistance that individuals and businesses can apply for such as nutrition programs, business disaster loans, temporary assistance for needy families and unemployment insurance.

Click on the oil spill box at the top of the DisasterAssistance.gov homepage to take you to a page with oil spill specific information. Individuals seeking oil spill related assistance should not use the registration function at this site, but should follow the instructions laid out on the oil spill specific page instead.

Claims Office Locations

ALABAMA

Foley, AL (Orange Beach/Gulf Shores/Bone Secour)
1506 North McKenzie Street (HWY 59)
Suite 104
Foley, Al 36535

Bayou LaBatre 
N. Wintzell Avenue
Bayou La Batre, Al 36509

Gulf Shores / Orange Beach, AL (Baldwin County) 
Scott Lewis, Manager
24039 Perdido Beach Blvd
Suite 1
Orange Beach, AL 36561

FLORIDA

Pensacola, FL (Escambia County) 
3960 Navy Blvd
Suite 16-17
Pensacola, FL 32507

Gulf Breeze, FL (Santa Rosa County)
5668 Gulf Breeze Pkwy
Unit B-9
Gulf Breeze, FL 32563

Ft. Walton Beach, FL (Okaloosa County)
348 SW Miracle Strip Pkwy
Suite 13
Fort Walton Beach, FL 32548

Crawfordville, Fl (Wakulla County) – Will Open 5/20/10
3010 Crawfordville Hwy
Suite A&B
Crawfordville, FL 32327

Apalachicola, FL (Franklin County) – Will Open 5/19/10
Brion Gregore, Manager
194 14th Street
Suite 105
Apalachicola, FL 32320

Port St. Joe, FL (Gulf County) – Will Open 5/18/10
Charles Mayo, Manager
106 Trade Circle
Suite A
Port St. Joe, FL 32456

Panama City, FL (Bay County) 
Curtis Wittich, Manager
7938 Front Beach RdPanama City Beach, FL 32408

Santa Rosa Beach, FL (Walton County) 
Gordon Porter, Manager
5008 US Hwy 98W
Unit 6&7
Santa Rosa Beach, FL 32459

LOUISIANA

New Orleans, La.

4375 Michoud Blvd.

New Orleans, LA 70129

Venice - Opened 5/8/10
41093 Hwy La 23
Boothville, LA 70038

Saint Bernard – Opened 5/7/10
1345 Bayou Rd
Saint Bernard LA 70085

Pointe a la Hatch
1553 Hwy 15
(Council District #1 Office)
Pointe-A-LA-Hatch, LA 70040

Gretna/Belle Chasse 
2766 Belle Chasse Hwy
Belle Chasse, LA 70037

Grand Isle
3811 LA1 (Community Center)
Grand Isle, La 70358

Houma, LA (Terrebonne Parish) 
Julius Herbert, Manager
Plaza Caillou Shopping Center
814 Grand Caillou Rd
Suite 2 & 3
Houma, LA 70363

Cut Off, LA (Lafouche Parish) 
Carlo Pedalino, Manager
Tarpon Heights Shopping Center
Unit 2
16263 E. Main Street
Cut Off, LA 70345

BP Claims and Community Outreach Center
St. Tammany Parish
2040 Gause Blvd., Suite 10
Slidell, LA 70461
Telephone: 985.649.1942

MISSISSIPPI

Biloxi 
920 Cedar Lake Rd
Suite K
Biloxi, MS 39532

Pascagoula, MS
5912 Old Mobile Hwy.
Suite. 3
Pascagoula, MS 39563

Bay St. Louis, MS (Hancock County) – Will Open 5/18/10
Scott Niolet, Manager
1171 Hwy 90
Bay St. Louis, MS 39520

To read more about petroleum exposure and workers' compensation click here.

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.