OSHA Temporary Emergency COVID Standard on the Horizon

President-elect Joe Biden plans to have OSHA establish an emergency temporary standard to keep workers safe from COVID-19. 

Former Head of OSHA to Join Biden-Harris Transition Team

Workforce health continues to be focus of concern by the Biden-Harris Transition team. President-elect Joe Biden announced new members of the Transition COVID-19 Advisory Board. 

Disability for Post-Acute Sequelae of COVID-19

The residuals of COVID-19 (SARS-CoV2 virus) are many. Claimants will need to prove that the residuals that they have sustained are causally related to the virus. 

Workers’ Compensation and Judicial Discretion - Unpublished Decision

Even if something looks, sound and smells correct, judges must use their discretion within the bounds of due process restrictions. The road to final justice in workers’ compensation can sometimes be a long one.

NY Opens 1 Year Window for 9/11 Claims

NY Governor David A. Patterson has signed into law a bill that permits otherwise time-barred claims against NY municipalities arising out of terrorist activities that occurred on September 11, 2001.

The City of NY just released the 2009 Annual Report concerning the health consequences of the 9/11 attack. The report concludes:

"Results from large epidemiologic studies suggest that probable posttraumatic stress disorder (PTSD) is the most common WTC-related health condition among exposed adults. Probable PTSD means that individuals scored above a certain threshold when responding to a mental health screening questionnaire but have not undergone the psychiatric interview necessary to confirm the diagnosis.

I The risk for developing probable PTSD was higher among those who were:

• Caught in the dust cloud released by the buildings as they collapsed

• Injured as a result of the attacks

• Directly exposed to the events of 9/11, including proximity to the WTC site, witnessing horrific events and knowing someone who was killed or injured in the attacks

• Among rescue and recovery workers, working at the WTC site for a long time or doing tasks outside of their trained area of expertise.

I Several studies indicated that respiratory symptoms, sinus problems, asthma, and loss of lung function were found in people or reported by some who were exposed to WTC dust, including rescue and recovery workers, residents and evacuees. Other studies have suggested that risk of developing sarcoidosis (an inflammation that usually affects the lungs) was elevated in the first few years after the event. Many exposed adults were also diagnosed with or reported having heartburn, acid reflux or gastroesophageal reflux disease (GERD), often in conjunction with other respiratory or mental health symptoms. GERD is a common condition among the general population, however; further research is needed to understand the association between GERD, WTC exposure and other WTC-related health conditions.

I The risk for developing respiratory problems has been examined most thoroughly among rescue, recovery and clean-up workers, and was increased among those who:

• Arrived early at the WTC site • Worked at the WTC site for long periods of time.

I Few studies addressed the impact of WTC exposure on child and adolescent health, especially physical health.

I Whether there is a relationship between WTC exposure and other longer-term illnesses, including cancer, is unknown but clinicians, epidemiologists and other researchers are actively studying this. They also are studying the relationship between WTC exposure and mortality.

I At the time of the report’s publication last year, treatment for WTC-related conditions was available for exposed groups, including children and adolescents, in the NewYork City area."

For additional information on 9/11 Compensation click here.

More than half of COVID-19 health care workers at risk for mental health problems

A new study suggests more than half of doctors, nurses, and emergency responders involved in COVID-19 care could be at risk for one or more mental health problems, including acute traumatic stress, depression, anxiety, problematic alcohol use, and insomnia. The researchers found that the risk of these mental health conditions was comparable to rates observed during natural disasters, such as 9/11 and Hurricane Katrina.

Top 10 Articles of 2020 - Year in Review

A list of the most popular 10 Workers’ Compensation Blog Posts in 2020

Warehouse Workers' Injuries Are Increasing as Employers Use Artificial Intelligence

An increase of injuries suffered by warehouse workers, fueled by employers' use of artificial intelligence, is getting legislative attention. The focus is on Amazon and other major retail giants whose business has exploded since the COVID Pandemic emerged.

The Aggressor Rule Sometimes Makes Good Sense

In some jurisdictions, the one who initiates an assault is denied workers' compensation benefits. In others, it is not a bar to a claim as in California. One would expect that yet another change will be coming to the law in California. One would think that the conduct of this police officer gives rise to rethinking the concept of compensability. Today's post is shared from davisenterprise.com

The University of California and the former police officer who pepper-sprayed Occupy UC Davis protesters have reached a workers’ compensation settlement totaling $38,059.

John Pike, 40, of Roseville, suffered depression and anxiety brought on by death threats to him and his family that followed the Nov. 18, 2011, confrontation at an encampment on the Quad.

Administrative Law Judge Harter approved the settlement agreement on Oct. 16.

“This case has been resolved in accordance with state law and processes on workers’ compensation,” university spokesman Andy Fell said in an email message. Pike’s Sacramento attorney, Jason Marcus, declined to comment on Wednesday.

Bernie Goldsmith, a Davis attorney supportive of the student protesters, called it “interesting to see a dollars-and-cents compensation for universal revilement.”

“This sends a clear message to the next officer nervously facing off with a group of passive, unarmed students: Go on ahead. Brutalize them. Trample their rights. You will be well taken care of,” Goldsmith said.

The state’s Disability Evaluation Unit determines permanent disability ratings based on doctors’ reports. Richard Lieberman, a Piedmont psychiatrist acting as the agreed-upon expert, rated Pike ’s disability as “moderate,” according to a Jan. 5 psychiatric report released by the State Department of Industrial Relations in response to a public records request.

Pike faced...


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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.

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The major phases of COVID-19

 The major phases of Covid-19 have been posted in a diagram format by Dr. Daniel Griffin, MD Ph.D., on his Twitter account. The two major categories are the Viral Replication Period and the Inflammatory Period.

Thousands of doctors practicing despite errors, misconduct

Today's post was shared by WCBlog and comes from www.usatoday.com

Dr. Greggory Phillips was a familiar figure when he appeared before the Texas Medical Board in 2011 on charges that he'd wrongly prescribed the painkillers that killed Jennifer Chaney.

The family practitioner already had faced an array of sanctions for mismanaging medications — and for abusing drugs himself. Over a decade, board members had fined him thousands of dollars, restricted his prescription powers, and placed his medical license on probation with special monitoring of his practice.

They also let him keep practicing medicine.

In 2008, a woman in Phillips' care had died from a toxic mix of pain and psychiatric medications he had prescribed. Eleven months later, Chaney died.

Yet it took four more years of investigations and negotiations before the board finally barred Phillips from seeing patients, citing medication errors in those cases and "multiple" others.

"If the board had moved faster, my daughter would still be alive," says Chaney's mother, Bette King, 72. "They knew this doctor had all these problems … (and) they did nothing to stop him."

Mari Robinson, executive director of the Texas medical board, says the Phillips case took "longer than normal, but we followed what we needed to do (by law)." Phillips could not be reached for comment.

Despite years of criticism, the nation's state medical boards continue to allow thousands of physicians to keep practicing medicine after findings of serious misconduct that puts patients at risk, a USA TODAY...

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Protecting Workers During the Pandemic

Workplace safety is a significant issue in the waning days of the Trump Administration as Congress struggles to pass legislation before the end of the calendar year when CARES Act support terminates for many American workers. As the winter/holiday season coronavirus surge challenges hospital capacity and causing additional closure of non-essential jobs, the Republicans remain adamant about restricting lawsuits against employers.