NCCI Reports Gloomy Outlook for Workers Compensation

Declining workers compensation revenues and increased medical costs were reported by NCCI Holdings, Inc. (NCCI). NCCI is the major national workers' compensation rating agency. The report highlighted that medical costs continued to soar even in a declining economic market.


While claims continued to decline medical costs continued to grow at a fast rate. In 2009 costs increased 5.0% while the medical CPI (Consumer Price Index) rose only 3.2%.


Medical costs and the efficient and delivery of medical benefits continue to be a major issue in the functioning of the workers' compensation system nationally. National Health Care reform may provide an opportunity to address this issue in a meaningful fashion through transfer of occupational disease medical costs to Medicare.


To read more about health care and workers' compensation click here.

Exposure to Noise and Lead at Firing Ranges

The National Institute for Occupational Safety and Health (NIOSH) continues to report on safety measures for excessive noise and lead exposure at firing ranges. Exposure to excessive noise in the workplace has been recognized as a major health hazard, one that can impair not only a person's hearing, but also his physical and mental well-being. In general noise in the workplace first affects the ability to hear high-frequency or high-pitched sounds.  Workers suffering from noise-induced hearing loss may also experience continual ringing in the ears, called "tinnitus".  In addition, workers who are exposed to noise sometimes complain of nervousness, sleeplessness and fatigue.

Lead exposure continues to be problematic in the workplace. The worker becomes exposed to lead when dust and fumes are inhaled and when lead is ingested through contamination on hands, water, food and clothing.  When lead enters the respiratory and digestive tracts of the human body it is released to the blood and distributed throughout the system.  More than 90% of the body's lead is accumulated in the bones where it is stored for many years.  The bones then release the lead back into the blood stream and re-expose the system long after the original occupational exposure has ceased.

NIOSH now reports in a new publication,  that "...Workers and users of indoor firing ranges may be exposed to hazardous levels of lead and noise. The National Institute for Occupational Safety and Health (NIOSH) recommends steps for workers and employers to reduce exposures."

"According to the Bureau of Justice Statistics, more than 1 million Federal, State, and local law enforcement officers work in the United States [DOJ 2004]. They are required to train regularly in the use of firearms. Indoor firing ranges are often used because of their controlled conditions (see Figure 1). In addition to workers, more than 20 million active target shooters practice at indoor firing ranges. Law enforcement officers may be exposed to high levels of lead and noise at indoor firing ranges. NIOSH estimates that 16,000 to 18,000 firing ranges operate in the United States."

"Several studies of firing ranges have shown that exposure to lead and noise can cause health problems associated with lead exposure and hearing loss, particularly among employees and instructors. Lead exposure occurs mainly through inhalation of lead fumes or ingestion (e.g., eating or drinking with contaminated hands)."

Click here to read more about occupational exposures and claims for workers' compensation benefits. For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered from occupational and bystander exposures.

Workers Comp While Stripping

A Pennsylvania woman has been charged with fraud for collecting temporary workers' compensation benefits while continuing to work as a stripper. The Associated Press reports that the injured worker suffered a back injury allegedly limiting her ability to stand and move about in certain positions. A complaint filed charged her with working as a stripper at C.R. Fanny's Gentlemen's Club and Sports Bar while collecting $22,000 in temporary disability benefits.

$208.8 Million Awarded in California Asbestos Case

A Los Angles jury awarded $208.8 Million in what has been recognized as the largest asbestos verdict ($200 Million punitive damages) in the State of California.  The case involved a household contact exposure to asbestos fiber. The wife of the asbestos worker was exposed to asbestos fiber on the clothes of her husband that he brought home and that she cleaned.

Liability was apportioned 70% against CertainTeed Corp and 30% against the Los Angles Department of Water and Power.

Asbestos is a known carcinogen and knowledge of the relationship of human exposure to asbestos fiber and mesothelioma, a rare malignancy, has been known since the 1920's. Cases for household contact exposure to asbestos fiber are common.

In Paterson NJ the Union Asbestos and Rubber Company Plant (UNARCO) was the subject of a sentinel study by the late Irving J. Selikoff, MD, who found that of the 933 workers who were employed during the war years, over 300 had died by 1976 of asbestos related disease, and that household contact illness and disease was very prevalent.

Click here to read more about asbestos related disease and claims for benefits. For over 3 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 asbestos related illnesses.

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OSHA Releases 15 Years Worth of Valuable Measurement Data

The US Occupational Safety and Health Administration has released 15 years worth of measurement data and has placed the information on-line for easy access. This Chemical Exposure Health Data is comprised of measurements taken during the course of Occupational Safety and Health Administration (OSHA) inspections and includes exposure levels to hazardous chemicals including asbestos, benzene, beryllium, cadmium, lead, nickel, silica, and others. 


Dr. David Michaels is the Assistant Secretary for the Occupational Safety and Health Administration, U.S. Department of Labor., stated that "....Making this dataset available to the public for the first time will offer new insight into the levels of toxic chemicals commonly found in workplaces, as well as how exposures to specific chemicals are distributed across industries, geographical areas and time. This information will ultimately lead to a more robust and focused debate on what still needs to be done to protect workers in all sectors, especially in the chemical industry."


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Put It Down - Friday April 30th

Distracted driving is a major cause of work related motor vehicle accidents. Encouraging employers and employees to go phone free in their vehicles while working is a goal of the US Department of Transportation. 


The US Department of Transportation in conjunction with a campaign by Oprah Winfrey has declared Friday, April 30th a phone free day in motor vehicles.


To read more on distracted driving activity and workers’ compensation, click here.