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

Thursday, February 25, 2010

The Occupational Disease Pilot Program & Healthcare

Health Care reform continues to be at the forefront of the Obama administration’s agenda.   Legal Talk Network Host and Attorney Alan S. Pierce welcomes Jon L. Gelman to discuss health care and workers’ compensation and the Occupational Disease Pilot Program: a close look at the delivery of  medical benefits when it comes to occupational disease and how workers' compensation may or may not fit into the big picture of universal health care or health care reform.


Click here to listen to the interview (duration 27:58): http://tinyurl.com/ycxee3y
MP3 Link: http://tinyurl.com/ybanu3v (20.6MB)


To read more about the Libby MT Pilot Project click here.

To read more about workers’ compensation and universal health care solutions click here. 






Tuesday, February 23, 2010

Taking Aim At Carcinogenic Cosmetics

The fragrance and cosmetic industry is now the target of potential regulation as the State of Colorado is considering legislation to ban cosmetics that contain cancer producing substances. Legislation has been introduced by Senator Betty Boyd and Representative Dianne Primavera to ban the products.The proposed legislation is entitled "Colorado Safe Personal Care Products Act." [HB 1248]


Recently the NJ Courts upheld a workers' compensation claim of a worker who suffered a medical condition as a result of merely sustaining a bystander exposure to perfume


The cosmetic and fragrance industry is largely self-regulated. The proposed Colorado legislation comes as a new national effort is being made to create a safer environment in the workplace.


The read more about occupational exposures and workers' compensation click here.

Asbestos Deaths Predicted to Continue for Decades

The National Institute for Occupational Safety and Health (NIOSH) has released a draft Intelligence Report concerning asbestos and mesothelioma in an effort to create a "road-map for research."

"Asbestos has been a highly visible issue in public health for over three decades. During the mid- to late-20th century, many advances were made in the scientific understanding of worker health effects from exposure to asbestos fibers and other elongate mineral particles (EMPs). It is now well documented that fibers of asbestos minerals, when inhaled, can cause serious diseases in exposed workers. However, many questions and areas of confusion and scientific uncertainty remain. For instance, due to the mineralogical complexity of the asbestos minerals, the scientific literature contains various inconsistencies in the definition and application of the term asbestos for health protection guidance and regulatory purposes."

"The purpose of the Roadmap is to outline a research agenda that will guide the development of specific research programs and projects that will provide a broader and clearer understanding of the important determinants of toxicity for asbestos and other EMPs. NIOSH recognizes that results from such research may impact environmental as well as occupational health policies and practices. Many of the issues that are important in the workplace are also important to communities and to the general population.Therefore, NIOSH envisions that the planning and conduct of the research will be a collaborative effort involving active participation of multiple federal agencies, including the Agency for Toxic Substances and Disease Registry (ATSDR), the Consumer Product Safety Commission (CPSC), the Environmental Protection Agency (EPA), the Mine Safety and Health Administration (MSHA), the National Institute of Environmental Health Sciences (NIEHS), the National Institute of Standards and Technology (NIST), the National Toxicology Program (NTP), the Occupational Safety and Health Administration (OSHA), and the United States Geological Survey (USGS), as well as labor, industry, academia, health and safety practitioners, and other interested parties, including international groups. This collaboration will help to focus the scope of the research, to fund and conduct research, and to develop and disseminate informational materials describing research results and their implications for establishing new occupational and public health policies."


Asbestos Deaths Predicted to Continue for Decades
"NIOSH has annually tracked U.S. asbestosis deaths since 1968 and malignant  mesothelioma deaths since 1999 using death certificate data in the National Occupational  Respiratory Mortality System (NORMS). NORMS data, representing all deaths among  U.S. residents, show that asbestosis deaths increased almost 20-fold from the late 1960s  to the late 1990s (Figure 6) [NIOSH 2007b]. Asbestosis mortality trends are expected to substantially trail trends in asbestos exposures (see Section 2.4.2) for two primary  reasons: (1) the latency period between asbestos exposure and asbestosis onset is 2 typically long, commonly one or two decades or more; and (2) asbestosis is a chronic disease, so affected individuals can live for many years with the disease before succumbing. In fact, asbestosis deaths have apparently plateaued (at nearly 1,500 per year) since 2000 (Figure 3) [NIOSH 2007b]. Ultimately, it is anticipated that the annual  number of asbestosis deaths in the United States will decrease substantially as a result of  documented reductions in exposure. However, asbestos usage has not been completely  eliminated, and asbestos-containing materials remain in place in structural materials and  machinery, so the potential for exposure remains. Thus, asbestosis deaths in the United  States are anticipated to continue to occur for several decades."


Mesothelioma Strongly Linked to Occupational Exposures
"Malignant mesothelioma, an aggressive disease that is nearly always fatal, is known to be  caused by exposure to asbestos and some other mineral fibers [IOM 2006]. The occurrence of mesothelioma has been strongly linked with occupational exposures to asbestos [Bang et al. 2006]. There had been no discrete International Classification of Disease (ICD) code for mesothelioma until its most recent 10th revision. Thus, only seven years of NORMS data are available with a specific ICD code for mesothelioma (Figure 4); during this period, there was a 9% increase in annual mesothelioma deaths, from 2,484 in 1999 to 2,704 in 2005 [NIOSH 2007b]. A later peak for mesothelioma deaths than for asbestosis deaths would be entirely expected, given the longer latency for mesothelioma [Järvholm et al. 1999]. One analysis of malignant mesothelioma incidence based on the National Cancer Institute's Surveillance, Epidemiology, and End Results (SEER) Program data found that an earlier steep increase in incidence had moderated and 1 that mesothelioma incidence may have actually peaked sometime in the 1990s in SEER-2 covered areas [Weill et al. 2004]. In contrast to NORMS data, which represents a census 3 of all deaths in the entire United States, the analyzed SEER data were from areas in 4 which a total of only about 15% of the U.S. population resides."

NIOSH  has invited Public Comment Until April 16, 2010 5:00pm EDT




Friday, February 19, 2010

Defense Expert Found Contradictory in Psych Claim

The NJ Appellate Division affirmed the trial decision of Judge Kovalcik who ruled that the testimony of the defense expert was "contradictory and inconsistent and cannot credit his conclusion that Petitioner no longer suffers from post traumatic stress disorder."

The injured worker was struck from behind by two co-workers who had threatened to kill him.

Sormaz v. Alpha Moving & Storage, Inc. .. JERSEY APPELLATE DIVISION DOCKET NO. A-3482-08T33482-08T3  Decided 2.18.2010

Click here to read more about psychiatric claims and workers' compensation.

Thursday, February 18, 2010

Camp Lejeune Toxic Exposure

Newly reported information is now demonstrating that the water at Camp Lejeune NC military base may have been  contaminated as a result of a toxic spill. Marines, sailors, their families and other civilian contractors may be been exposed to benzene, a human carcinogen.

Benzene was reported in the well water used for drinking on the base. The substance has been causally linked to cancer.It has been alleged that a dry cleaners leaked the toxin into the water for over three decades. Benzene has been liked to childhood cancers and birth defects.



Representative Brad Miller (D-NC) has requested an investigation into the exposure and possible concealment of information. As many as 1 million may have been exposed.

Click here to read more about claims arising out of benzene contamination.

Canadian Asbestos Hypocrisy

Despite the fact that asbestos is a know cancer producing agent, Quebec liberals have won their battle to continue asbestos mining. In 2008 asbestos amounted to a $100 Million dollars business in Canada. Canada exports the majority of its asbestos to developing counties which amounts to 175,000 tons per year. 


Over 100 scientists from 28 nations had written a letter in support of a ban on asbestos production in Canada.  “We appeal to you to respect the overwhelmingly consistent body of scientific evidence and the considered judgment of the World Health Organization (WHO) that all forms of asbestos have been shown to be deadly and that safe use of any form of asbestos has proven impossible anywhere in the world,” the letter began. “Under Canadian law, chrysotile asbestos is classified as a hazardous substance, but the Quebec government has successfully lobbied to prevent it being recognized as such under international environmental law, thus creating a double standard of protection as if some lives were less deserving of protection than others.”


The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing chrysotile under the Rotterdam Convention's notification and consent processes and stop funding the Chrysotile Institute. More importantly, Canada should do its part in alleviating the global epidemic of asbestos-related disease by ending the mining and export of chrysotile, as the WHO recommends."


Asbestos causes multiple diseases including: asbestosis, lung cancer and mesothelioma. For decades US victims of asbestos related disease have sought benefits under the workers' compensation system from employers. They have also filed claims under the civil justice system against suppliers, manufacturers and distributors of asbestos products. Due to the latency of the disease from exposure to manifestation, despite the reduction in the use of asbestos fiber, the disease continues to be very prevalent in the US and throughout the world.


Click here to read more about efforts to ban asbestos production in the US.

Wednesday, February 17, 2010

CMS Postpones Production Date for Mandatory Reporting

CMS has postponed first production date until January 1, 2011:
"CMS advises all NGHP RREs that the date for first production NGHP Input Files is changed from April 1, 2010 to January 1, 2011, effective immediately.
  • NGHP File data exchange testing will continue.  All NGHP RREs should now be registered with the COBC, and either in or preparing for file testing status.  NGHP file data exchange testing may continue during 2010, as needed.
  • All NGHP file data exchange testing will be completed by December 31, 2010.  NGHP RREs that have completed file data exchange testing at any time are encouraged to proceed to production file data exchange status.
During the week of February 22, on this Website CMS will post the next version of the "Section 111 NGHP User Guide" and a number of Alerts relating to particular NGHP policy issues.
Also during the week of February 22, on this Website CMS will post an alert for NGHP RREs describing the steps those RREs can take to assure their ongoing compliance with the Section 111 reporting requirements."


Click here to read more about CMS and workers' compensation.