Governor Phil Murphy on July 2, 2019 signed the Jake Honig Compassionate Use Medical Cannabis Act to dramatically reform New Jersey’s Medicinal Marijuana Program (MMP) and expand patient access to medical marijuana.
Showing posts sorted by date for query reform. Sort by relevance Show all posts
Showing posts sorted by date for query reform. Sort by relevance Show all posts
Wednesday, July 31, 2019
Friday, March 8, 2019
BILL INTRODUCED TO BAN ASBESTOS NOW
Oregon’s Senator Jeff Merkley, along with Congresswoman Suzanne Bonamici (D-OR), Energy and Commerce Chairman Frank Pallone, Jr. (D-NJ), and Congresswoman Elissa Slotkin (D-MI), today introduced the Alan Reinstein Ban Asbestos Now Act of 2019, legislation that would ban the mining, importation, use, and distribution in commerce of asbestos, a known carcinogen, and any asbestos-containing mixtures in the United States of America.
Monday, December 3, 2018
Fee Schedules: A defense of bureaucracy in workers compensation
Today's guest post was authored by Jon Rehm**, Esquire of the Nebraska Bar.
Former New Jersey Governor Chris Christie
Lawyers on “both sides of the v.” in Nebraska like to grumble about rules and regulations imposed by the workers’ compensation court.
Thursday, May 10, 2018
Making Workplaces Safer
This marks the 27th year the AFL-CIO has produced a report on the state of safety and health protections for America’s workers. It features state and national information on workplace fatalities, injuries, illnesses, the number and frequency of workplace inspections, penalties, funding, staffing and public employee coverage under the Occupational Safety and Health Act. It also includes information on the state of mine safety and health.
Thursday, January 25, 2018
NJ Governor Murphy Signs Executive Order Mandating Review of Medical Marijuana Policy
NJ Governor Phil Murphy today signed an Executive Order directing the New Jersey Department of Health and the Board of Medical Examiners to review the state’s existing medical marijuana program. The goal of the review is to eliminate barriers to access for patients who suffer from illnesses that could be treated with medical marijuana.
Friday, December 22, 2017
Opioid Litigation: Anticipated Positive Impact on Workers' Compensation Systems
The increase, in both the number of settlements and magnitude of opioid lawsuits being filed, is anticipated having a positive outcome on workers' compensation systems that have suffered the burden of opioid addiction and death in epidemic proportions.
Friday, November 10, 2017
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.
Monday, June 5, 2017
Chaos for Workers' Compensation Programs--The Elimination of Social Security Numbers?
Saturday, February 11, 2017
Chaos in Workers' Compensation - Raising Medicare's Eligibility Age to 67
A new issue for workers' compensation programs is emerging as the Republicans push forward on their legislative agenda to reform Medicare. Uncertainty over the impact of raising the eligibility age for Medicare from 65 to 67 may seriously and adversely impact the nation's network of fragile workers' compensation schemes. Furthermore, looming in the background is also the elimination of The Affordable Care Act and the consequence of a large pool of uninsured again seniors.
Friday, December 2, 2016
Insurance Rating Company Increases Estimate for Net Ultimate U.S. Asbestos Losses to $100 Billion
A.M. Best has increased its estimate for losses that U.S. property/casualty insurers can ultimately expect from third-party liability asbestos claims by approximately 18% to $100 billion. The $15 billion increase to the net ultimate asbestos loss estimate comes as insurers are incurring approximately $2.1 billion in new losses each year while paying out nearly $2.5 billion on existing claims. The updated figures are contained in a new Best’s Special Report, titled “A.M. Best Increases Estimate for Net Ultimate Asbestos Losses to $100 Billion.” The report also states that A.M. Best is not making any change to its $42 billion estimate on net ultimate environmental losses; therefore, A.M. Best’s view of ultimate industry losses for asbestos and environmental (A&E) is now $142 billion.
Saturday, September 17, 2016
Senator Boxer Calls for Expedited TSCA Asbestos Evaluation
Senator Barbara Boxer (D-CA), Ranking Member of the Environment and Public Works Committee, sent a letter today to Gina McCarthy, the Administrator of the Environmental Protection Agency (EPA), urging the Agency to move quickly to act on all forms of asbestos under the new Toxic Substances Control Act (TSCA). EPA is required to select 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. The full text of the letter is below.
August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.” OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
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August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, “[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings.” OSHA has similarly said it is “aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.” OSHA has also emphasized that “[t]here is no "safe" level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Related Articles:
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Nov 7, 2013 ... The Asbestos Disease Awareness Organization (ADAO) was honored to testify on Wednesday, September 18, 2013 at 2:00 PM EDT before the ...
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Sep 11, 2014 ... It may come as a surprise to those not familiar with the Toxic Substances Control Act (TSCA) – the primary law that regulates chemicals used in ...
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Jan 29, 2010 ... The Toxic Substances Control Act (TSCA) was enacted in 1974 and has not kept up with the time. Of the 80,000 chemical substances in use it ...
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Oct 14, 2013 ... TSCA was passed more than 30years ago and is grossly out of date. ADAO has been a stakeholder in discussions with Congressional ...
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Thursday, June 9, 2016
NJ Supreme Court Allows COLA Pension Freeze
LaVECCHIA, J., writing for a majority of the Court. In this appeal, the Court considers whether the 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5).
Saturday, June 4, 2016
Mesothelioma: Employer Held Liable for Wife's Asbestos Related Death
The Tennessee Valley Authority (TVA) was held liable for the death of an asbestos worker's wife death from mesothelioma. A Federal Court in Alabama held that the the employer held that the employer had a duty to protect the wife a nuclear plant employee from take home asbestos exposure.
Friday, March 4, 2016
The National Association of Workers’ Compensation Judiciary March 2016 Newsletter
I strongly urge you to read The National Association of Workers’ Compensation Judiciary March 2016 Newsletter for cutting edge information concerning national workers' compensation issues.
Monday, January 18, 2016
Sanders Proposes Universal Health Care: The Path to Federalization
Thursday, June 25, 2015
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.
Friday, May 22, 2015
Compensable Mental Stress and Conflict of Law Decisions Posted
The NJ Division of Workers' Compensation [NJDWC] today published 3 Court of Compensation trial level decisions. All were favorable to the injured workers and their dependents.
1. Mental Stress: Stress (harassment) particular to employment results in compensable psychiatric claim
Ross v. City of Asbury Park
06–28659; decided July 28, 2008 by the Honorable Leslie A. Berich
Petitioner alleged compensable injury as a result of mental stress created by prolonged exposure to a hostile work environment. Respondent denied these allegations. After applying the Goyden test along with other relevant legal principles, the Judge of Compensation found that there were objectively stressful working conditions peculiar to the petitioner’s working environment which entitled the petitioner to workers compensation benefits.
2. Mental Stress: Specific event (Hurricane) results in compensable suicide claim
Wilde v. Township of Cranford
99–40680; decided January 17, 2008 by the Honorable Leslie A. Berich
Petitioner filed a claim for dependency benefits for herself and her two children by asserting that her husband suffered a stress-induced occupational suicide. The respondent defended against the claim by contending that the work of the deceased, including his work as a policeman during Hurricane Floyd, was not causally related to his suicide. After careful consideration of the evidence, the Judge of Compensation awarded dependency benefits based on her finding that the work of the deceased as a policeman during this storm "lead to a loss of normal rational judgment that resulted in his suicide".
3. Conflict of Laws: NJ law applied where a special state interest existed
Spiros v. Atlantic Ambulatory Anesthesia Assocs. & Shrewsbury Surgical Center
12–22032; 13-1069 decided October 27, 2014 by the Honorable Leslie A. Beric
Medical providers filed applications for payment/reimbursement of medical expenses, which alleged that the insurance carrier for the employer unreasonably reduced the petitioner’s bills for services rendered. The carrier filed an answer in which it denied liability and jurisdiction, asserting the petitioner’s bills could be paid only at a contractual rate highly limited by Tennessee statute. The carrier also filed motions to dismiss the medical provider claims. In analyzing whether New Jersey has a special state interest in cases where medical providers provide services in New Jersey to injured workers, the Judge of Compensation found that N.J.S.A. 34:15-15 gives New Jersey’s Division of Workers’ Compensation exclusive subject matter jurisdiction and New Jersey law applies where the workers’ compensation benefits were provided in this state. Accordingly, the carrier’s motions to dismiss the medical providers’ claims were denied.
Summaries were provided by the NJ DWC.
1. Mental Stress: Stress (harassment) particular to employment results in compensable psychiatric claim
Ross v. City of Asbury Park
06–28659; decided July 28, 2008 by the Honorable Leslie A. Berich
Petitioner alleged compensable injury as a result of mental stress created by prolonged exposure to a hostile work environment. Respondent denied these allegations. After applying the Goyden test along with other relevant legal principles, the Judge of Compensation found that there were objectively stressful working conditions peculiar to the petitioner’s working environment which entitled the petitioner to workers compensation benefits.
2. Mental Stress: Specific event (Hurricane) results in compensable suicide claim
Wilde v. Township of Cranford
99–40680; decided January 17, 2008 by the Honorable Leslie A. Berich
Petitioner filed a claim for dependency benefits for herself and her two children by asserting that her husband suffered a stress-induced occupational suicide. The respondent defended against the claim by contending that the work of the deceased, including his work as a policeman during Hurricane Floyd, was not causally related to his suicide. After careful consideration of the evidence, the Judge of Compensation awarded dependency benefits based on her finding that the work of the deceased as a policeman during this storm "lead to a loss of normal rational judgment that resulted in his suicide".
3. Conflict of Laws: NJ law applied where a special state interest existed
Spiros v. Atlantic Ambulatory Anesthesia Assocs. & Shrewsbury Surgical Center
12–22032; 13-1069 decided October 27, 2014 by the Honorable Leslie A. Beric
Medical providers filed applications for payment/reimbursement of medical expenses, which alleged that the insurance carrier for the employer unreasonably reduced the petitioner’s bills for services rendered. The carrier filed an answer in which it denied liability and jurisdiction, asserting the petitioner’s bills could be paid only at a contractual rate highly limited by Tennessee statute. The carrier also filed motions to dismiss the medical provider claims. In analyzing whether New Jersey has a special state interest in cases where medical providers provide services in New Jersey to injured workers, the Judge of Compensation found that N.J.S.A. 34:15-15 gives New Jersey’s Division of Workers’ Compensation exclusive subject matter jurisdiction and New Jersey law applies where the workers’ compensation benefits were provided in this state. Accordingly, the carrier’s motions to dismiss the medical providers’ claims were denied.
Summaries were provided by the NJ DWC.
Wednesday, May 6, 2015
Professor John F Burton Jr: Illinois Proposed Changes Are Obectionable
The former chair of the 1972 National Commission on Workers' Compensation told the Illinois legislature yesterday that the proposed changes to the Illinois Workers' Compensation Act will degrade the system and reduce benefits to injured workers. Profession Emeritis John F. Burton, Jr., yesterday presented a statement to the Committee of the Whole before the Illinois House of Representatives.
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| Professor John F. Burton Jr. |
Saturday, January 24, 2015
The Cold Winds of Workers' Comp Reform Are Blowing in Wisconsin
| Today's post is shared brom Bob Wilson at workerscompenstion.com I have it on excellent authority that major changes to the Wisconsin workers’ compensation system will be proposed with the release of the state’s budget bill on February 3, 2015. The rumored changes are said to be significant, with some viewing it as a complete dismantling of the current workers’ comp system there. In the absence of the release of the actual budget and proposals, it still sounds like the most dramatic reforms to hit a state since Tennessee and Oklahoma conducted complete overhauls of their WC systems. Currently in Wisconsin, the Workers’ Compensation Division is part of the larger Department of Workforce Development (DWD). On January 12, 2015, WC Division managers apparently learned of this proposal from the DWD Secretary’s office. It is believed that the person behind this effort is DWD Secretary, Reggie Newsom. Under Newsom’s proposal, the Worker’s Compensation Division would be entirely removed from the auspices of DWD. Other agencies would absorb some of the functions, while some current practices and procedures would cease to exist. One group that appears to be subject to the greatest changes would be Wisconsin’s current Administrative Law Judges. Under the proposed changes, they would only be responsible for trying cases. They would not manage claims functions or act in any advisory role for industry stakeholders. They would... |
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Thursday, January 8, 2015
Rubio signals his thoughts about benefits: Votes NO on TRIA
Today's post is shared from tampabay.com
Sen. Marco Rubio was one of only four members of his chamber to vote today against a federal terrorism insurance program, which had earlier passed the House by a near unanimous vote.
As the Associated Press describes it, “The program provides a backstop in which the government steps in to cover the bulk of losses after the first $200 million in damages from a terrorist attack, up from $100 million previously.”
It was the first bill to clear the 114th Congress and President Obama is expected to sign it to law.
So why did Rubio join liberals including Bernie Sanders and Elizabeth Warren?
“The Terrorism Risk Insurance Program has become just another big corporate welfare handout,” Rubio spokeswoman Brooke Sammon wrote in a statement. “Senator Rubio had hoped that more would be done to reform this program and allow the private market to evolve. Thankfully, the insurance program has never been triggered. It’s his hope our nation continues to be protected from another terrorist attack by the brave men and women serving America and that the six year authorization will never have to be utilized.”
Sen. Marco Rubio was one of only four members of his chamber to vote today against a federal terrorism insurance program, which had earlier passed the House by a near unanimous vote.
As the Associated Press describes it, “The program provides a backstop in which the government steps in to cover the bulk of losses after the first $200 million in damages from a terrorist attack, up from $100 million previously.”
It was the first bill to clear the 114th Congress and President Obama is expected to sign it to law.
So why did Rubio join liberals including Bernie Sanders and Elizabeth Warren?
“The Terrorism Risk Insurance Program has become just another big corporate welfare handout,” Rubio spokeswoman Brooke Sammon wrote in a statement. “Senator Rubio had hoped that more would be done to reform this program and allow the private market to evolve. Thankfully, the insurance program has never been triggered. It’s his hope our nation continues to be protected from another terrorist attack by the brave men and women serving America and that the six year authorization will never have to be utilized.”
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