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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, August 24, 2009

A New Test for Mesothelioma Reported

A team of scientists at Oxford University have reported a more accurate and less invasive test to diagnose mesothelioma. The findings have been reported in a recent edition of the American Journal of Respiratory and Critical Care Medicine.

The test is claimed to be quicker and more accurate in testing for mesothelioma. Since it involves pleural fluid cytology the serum mesothelium is utilized as a bio marker to establish a diagnosis of mesothelioma.

The scientists indicate that the quick test will allow injured workers to file claims with greater reliability. Dr. Helen Davies, who participated in the research project stated, "Claims for worker's compensation may also be instigated once the diagnosis is confirmed."

Mesothelioma is a fatal disease that is associated with exposure to asbestos fiber. It is tumor that grows on the linings of the lungs or abdomen. Many workers have been exposed over the decades to asbestos and have developed mesothelioma in epidemic proportions.

Exposure to asbestos may occur as a result of both direct exposure to asbestos in the workplace or though a secondary exposure as a bystander or even a household contact of an asbestos workers. The disease has a very long latency period of the date of exposure to the date of manifestation. Asbestos, a known human carcinogen, use has not yet been banned in the United States.

For more information about treatment options, potential claims for benefits and the history of asbestos production, please visit out web site www.gelmans.com.

Sunday, August 23, 2009

Compensation Judges Are Becoming Linkedin

A new trend is underway as Judges reach out for ways to stay informed and exchange information in the new technology of the world. It has been reported that Judges from the Federal Circuit Court of Appeals to State trial level Judges are reaching out to stay connected. Derek Mosley, a municipal court judge in Wisconsin, is linked to over 419 connections on linked in.

Workers' Compensation Judges have joined the social networking crowd in large numbers. Over 445 "hits" show up on Linkedin.com for workers compensation judges. While some links are public others are private allowing for anonymity.

It has been reported that Judges have used Facebook searches to establish the veracity of excuses in case where the attorney calls in sick. The opposite may now be true, the attorney might be able to learn what the Judge has eaten for breakfast.

The logic for connecting through the social networking community is well placed. The access to information through connections and groups provides information, trends and analysis at low cost and relatively ease of use.


Workers: Exposure to Lead At Work May Bring Contamination Home

"Persons employed in high-risk lead-related occupations can transport lead dust home from a work site through clothing, shoes, tools, or vehicles..." according to a study conducted by the Maine Childhood Lead Poisoning Prevention Program and reported recently by the CDC.

"Persons who are exposed to lead at work or through hobbies are advised upon finishing the workday to 1) place lead-contaminated clothes, including shoes and personal protective equipment, in a closed container for laundering or cleaning; 2) take a shower and wash hands, face, and hair when exposed above the permissible exposure limits; 3) change into street clothes; and 4) wash work clothes separately from all other clothes."

Friday, August 21, 2009

Wyoming Supreme Court Rules That Medical Expert Need Not Use Magical Words

A medical expert need not use specific statutory language in order to establish causal relationship between an accident and a medical condition. The Wyoming Supreme Court reserved a lower panel's decision and found compensable a work related accident.

"As we have stated in the context of a claim for workers‟ compensation benefits for an aggravation of a pre-existing injury, the medical expert is not required to utter any particular magic words to establish the requisite causation. See State ex rel. Wyoming Workers’ Safety and Compensation Division v. Slaymaker, 2007 WY 65, ¶ 18, 156 P.3d 977, 984 (Wyo. 2007); In re Boyce, 2005 WY 9, ¶ 11, 105 P.3d 451, 455 (Wyo. 2005). So long as the medical expert‟s testimony contains sufficient information, the fact that she did not use the exact statutory language is irrelevant."


In the matter of the Workers' Compensation Claim of Peter Gaze v State of Wyoming, et al. (Decided August 19 2009)


For more on the topic of "casual relationship" click here.

California Proposes Regulations on Hexavalent Chromium in Drinking Water

The Office of Environmental Health Hazard Assessment (OEHHA) of the California Environmental Protection Agency is announcing the availability of draft technical support document for the proposed Public Health Goal (PHG) for hexavalent chromium in drinking water. This draft document is a new risk assessment, culminating an extensive evaluation of oral toxicity of this chemical. A PHG of 0.06 ug/L or 0.06 parts per billion (ppb) is proposed for hexavalent chromium in drinking water, based on tumor incidence data from rodent cancer bioassays. OEHHA is soliciting comments on the draft report during a 45-day comment period. The Office will also hold a public workshop on October 19, 2009 at the Elihu Harris Building, 1515 Clay Street, Oakland, 94612, Room 1, 10 a.m.-12 noon, or until business is concluded. OEHHA follows the requirements set forth in Health and Safety Code Sections 57003(a) and 116365 for conducting the workshop and receiving public input.

Workplace Fatalities Decline Significantly in 2008

Key findings of the 2008 Census of Fatal Occupational Injuries:
 - Fatal work injuries in the private construction sector in 2008 declined by 20 percent from the updated  2007 total, twice the all-worker decline of 10 percent.
- Fatal workplace falls, which had risen to a series high in 2007, also declined by 20 percent in 2008.
- Workplace suicides were up 28 percent to a series high of 251 cases in 2008, but workplace homicides declined 18 percent in 2008. 
- The number and rate of fatal work injuries among 16 to 17 year-old workers were higher in 2008. 
- Fatal occupational injuries involving Hispanic or Latino workers in 2008 were 17 percent lower than in 2007.    
-       Fatalities among non-Hispanic Black or African American workers were down 16 percent.
- The number of fatal workplace injuries in farming, fishing, and forestry occupations rose 6 percent   in 2008 after declining in 2007.
   - Transportation incidents, which accounted for approximately two-fifths of all the workplace fatalities in 2008, fell 13 percent from the previous series low of 2,351 cases reported in 2007.

Wednesday, August 19, 2009

Federal Government Alerts Employers to Prepare for Flu Outbreaks

The Federal government has now taken action to alert employers and business as to what precautions should be taken in anticipation of the anticipated fall Flu outbreak. Yesterday the government revealed that deployment of vaccines would be too slow to prevent or restrain further spread this fall.

In a joint letter from the Secretaries of Commerce, Health and Human Services, Homeland Security and Labor, the Federal government has alerted employers and business of a new web site directed to encouraging prevention and containment for a resurgence in the months ahead of H1N1 Flu.

For more on this topic and workers' compensation benefits, visit the Workers Compensation Blog.