Chemical Exposure in Iraq Claims Soldier

The death of an Indian National Guard member has been alleged to have been caused by a chemical exposure at an Iraq worksite. 

The terminal cancer of Lt. Colonel Jim Gentry, age 52,  has been attributed to an exposure to sodium dichloride. His unit was assigned to guard American contractors who were restoring the oil fields. The contractor, KBR, has been blamed for the negligent release of the chemical and exposures in the Qarmat Ali Water Treatment plant. Litigation is ongoing.

The US military is presently reviewing the extent of the chemical release and the consequences. The US Senate recently held hearings concerning the safety and health of soldiers deployed to Iraq who may have been exposed to hazardous chemicals at contractor worksites.

Click here to read more about the chemical exposures in Iraq.

Click here to read more about the Iraq worksite chemical exposure cancer claims.

The Cost of Work Related Deaths

The National Institute for Occupational Safety and Health (NIOSH) has transposed the gloomy statistics of the fatalities of work related accident into a grim economic figure of a "societal cost" of $43 Billion. The data reviewed was from 1992 through 2001 and consisted of 51,864 fatalities. Costs were expressed in 2001 dollars.

"The burden that fatal occupational injury imposes upon society is severe and multidimensional. In addition to the human costs associated with the loss of a family member, an employee, and a coworker, there are costs that are economic in nature. No single metric can capture all the dimensions of loss, either personal or economic; it is extraordinarily difficult to measure the contribution of a family member or that of an active member of a community or group. To understand the dimensions of loss more fully, it is necessary to measure the aspects of fatal occupational injury that can be captured. Demographic data on fatal workplace injury was captured in the National Traumatic Occupational Fatality Surveillance system, maintained by the National Institute for Occupational Safety and Health (NIOSH).

"The current document is an attempt to build upon the surveillance data by adding an economic component; the data in this monograph provide a measure of the economic loss to society from the premature deaths of workers in various economic sectors, by states, to society as a whole, over time, by cause of death, and by demographic characteristics. The findings are compelling: over the period studied, 1992–2001, the estimated costs from these premature deaths exceeded $43 billion. "

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Counting Failure is No Longer an Option

Yearly the US Bureau of Labor Statistics publishes an annual report on workplace accidents, injuries and fatalities. The media has reported that the statical analysis is flawed due to worker hesitation to report events. 


Many injured workers report that they fear that they will be threatened or humiliated by their employers if they report events at work. Worker safety is critical and when it is lacking the injured worker, the employer and the Nation suffers.


David Michaels, The Assistant Secretary of Labor for the Occupational Safety and Health Administration (OSHA)  has set the tone and vision of the New OSHA at a recent speech at a National Institute for Occupational Safety and Health Program, "Going Green.'"Michael's  said: 


"As you may be aware, numerous studies and Congressional hearings have cast serious doubt on the accuracy of workplace injury and illness reporting.

"A recent Government Accountability Office study confirmed those problems, but also noted serious concerns about incentive and disciplinary programs that discourage workers from reporting injuries and illnesses.

"Most upsetting was a GAO finding that a high percentage of health care providers reported being pressured by employers to under-diagnose and under-treat workers and otherwise manipulate information to avoid reporting injuries and illnesses on the OSHA log. This is irresponsible and unacceptable.

"To ensure the accuracy of injury and illness numbers, OSHA has launched a focused National Emphasis Program. We'll also take a hard look at incentive and disciplinary programs to ensure that they do not discourage workers from reporting.

"Ultimately, of course, counting injuries, illnesses and fatalities is counting failure. The more we design safety into the workplace the less we'll have to worry about injury and illness statistics." 


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Social Security at a Critical Crossroads

The last safety net for injured workers, Social Security, is now facing severe economic challenges ahead. At a recent hearing before the US House Ways and Means Committee testimony was presented that the system is now at a critical crossroad because of a surge in disability applications complicated by an increasing administrative backlog.

Beth Bates, testified on behalf of the Consortium for Citizens with Disabilities, “...The wave of new claims is having a very significant impact at the state Disability Determination Services (DDSs) that will eventually affect the hearing level.  At the DDS levels (initial and reconsideration), the number of new applications, applications waiting for a decision, and processing times are all on the rise.  In fiscal year (FY) 2009, SSA received 385,000 new claims, an increase of nearly 15% since the end of FY 2008.  Even more worrisome is the growing backlog of pending initial claims at the DDSs, i.e., those waiting for a decision, up nearly 40% since the end of FY 2008.”

Click here for the complete transcript

Click here for the Subcommittee on Social Security Chairman Tanner Announces a Hearing on Clearing the Disability Claims Backlogs: The Social Security Administration’s Progress and New Challenges Arising From the Recession

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California Comp is OK, But Just Don't Get Sick

The RAND Corporation published yet another report evaluating the troubled California workers' compensation system. The report, in its esoteric evaluation, reflects on the poor financial judgment of the industry to meet the needs of the injured workers.

The study misses the focus and humanization of what workers' compensation is all about. The concept of providing a remedial and expeditious remedy to injured workers seems to have been left outside in the company parking lot.

The California problems are not isolated, they are nationally systemic. The system fails to deliver and fails to encourage a safer worker environment. More of the same old thing, as RAND recommends, ie. more business should be covered, and more premiums should be collected, just isn't going to cut it any longer.

Workers' compensation is fine, as long as a worker doesn't get sick. Dormant and latent conditions for the most part remain untreated by the present system. Preventive medical care is non-existent. Medical monitoring is a major struggle to secure.

Occupational disease cases have perpetually lingered through delay and denial tactics, and now the condition needs critical care that a bandaid will not cure. As the NY Times reports in results of a recent poll, the safety net has failed.

Nationally the system needs to re-worked. Injured workers need to receive medical care through an effective and efficient process and not left out in the streets to suffer. Congress needs to act to provide coverage through an expansion of the proposed national health care agenda.

Click here to read more about medical benefits and workers' compensation.

Genetics and Workers' Compensation Claims

Genetic predisposition to occupational illness and disease presents a complex issue in workers’ compensation claims and health technology assessment. New methods now permit the identification of individuals who have risk factors establishing a greater propensity for disabling medical conditions.

The challenge of how to use this evidence in the workplace, to create both a safer work environment, while maintaining the privacy of the existence of the workers’ genetic propensity is an on going challenge. Additionally, genetic evidence becomes increasingly important to establish pre-existing and co-existing medical conditions that might reduce or bar recovery in claims for benefits under workers’ compensation acts.

Testimony offered at trial has effective defeated claims.  Evidence has been effective presented to defeat occupational claims, A defense expert testified,"....that studies show almost conclusively that no occupation causes a degenerative disc. It's familial. It's genetic. It has to do with how the DNA forms the disc in embryonic development.’” Allgood v. Parsons Trucking Co., 148 N. C.App. 405 (N.C.App. (2002).

A delicate balance exists between, the ethical, moral and legal use of this evidence. The appropriate use of this information by an employers in assessing risks and benefits in the workplace is challenging. Many tasks at work now include risk factors of a  carcinogenic, mutagenic, and/or genotoxic nature.

NIOSH ‘s recently published report,  Genetics in the Workplace: Implications for Occupational Safety and Health, addresses balancing some of aspects of these issues while focussing on the paramount issue of safety in the workplace. “The use of genetic information in occupational safety and health research requires careful attention because of the real or perceived opportunities for the misuse of genetic information. Society in general and workers in particular have concerns that discrimination and lack of opportunity will result from the inappropriate use of genetic information [MacDonald and Williams-Jones 2002; Maltby 2000]. While only sparse or anecdotal information supports this contention, a wide range of workers, legislators, scientists, and public health researchers have concern that such discrimination could occur. Thus, GINA and other regulations were passed to prevent the potential misuse and abuse of genetic information in the workplace. Examples of safeguards include rules and practices for maintaining privacy and confidentiality, prohibition of discrimination, and support of a worker’s right of self- determination (autonomy) with regard to genetic information.”


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Teacher Acting as School Chaperone Wins Benefits for Skiing Accident

Massachusetts has expanded the recreational activity doctrine to include volunteer recreational activity as compensable. The Supreme Court permitted a schoolteacher, who acted as a school chaperone on a ski trip, to recover benefits as a result of a ski accident necessitating two surgeries and physical therapy.

Alan Pierce, attorney for the injured workers said, “It sends a message to municipalities and teachers that the work they do on either side of the classroom bell is valued.’’

Karen Sikorski’s Case, SJC-10481 Decided Oct. 5, 2009

Click here to read more about recreational activity claims and workers’ compensation.