The new Federal healthcare program for those exposed to asbestos in Libby MT has now begun registration of citizens. The new program will provide Medicare benefits to those who were exposed to asbestos, a known carcinogen.
The occupational healthcare program embodied in the recently enacted legislation has the potential for being the most extensive, effective and innovated system ever enacted for delivering medical care to injured workers. The “Libby Care” provisions, and its envisioned prodigies, will embrace more exposed workers, diseases and geographical locations, than any other program of the past. Potential pilot programs will now be available to injured workers and their families who have become victims of the failed workers’ compensation occupational disease medical care system.
Wednesday, May 19, 2010
Heart Disease Associated With Overtime Work
New studies just published establish the causal relationship of overtime work with an increased risk of heart disease resulting in a greater risk of cardiovascular death, nonfatal myocardial infarction and angina. Workers who put in just one or two extra hours a day did not appear to have an elevated risk of heart disease events, the researchers reported online in the European Heart Journal.
The study concludes that overtime work is related to increased risk of incident CHD independently of conventional risk factors. These findings suggest that overtime work adversely affects coronary health.
A major step towards liberalizing the Workers' Compensation Act relating to cardiovascular claims occurred in 1962 in the matter of Dwyer v. Ford Motor Co., 36 N.J. 487 (NJ 1962). Gerald E. Dwyer was 41 years of age and was employed at the Ford Motor Company for a period of seven (7) years doing factory laboring work. After several incidents of chest pain and numbness in his left hand requiring hospitalization, lost time, and medication, he returned to work to perform activities similar to those he had previously engaged in, including the movement of materials. In awarding Workers' Compensation benefits, the court indicated that the effort need not be a single incident, but may be a series of efforts which in combination, if related to the employment, result in a compensable event. The fact that the heart was seriously diseased prior to the fatal attack did not preclude the awarding of benefits because of the premise that the employer takes the employee as he is, with no standard of health required.
In Fiore v. Consolidated Freightways, Inc. 140 N.J. 452 (NJ 1995), the Supreme Court unanimously recognized that an occupational heart condition is compensable under the Workers' Compensation Act. While recognizing that diseases are complex and their causes multi-factoral, the court realized that experts can disagree on the relative roles of an occupational exposure and personal-risk factors in causing a coronary condition.
In an editorial title, "Overtime is Bad for the Heart," the European Heart Journal declares that the study will have major implication on employers who will have to reconsider the risks of overtime and compensable heart disease.
Monday, May 17, 2010
Getting Tattoos Evidences Total Disability
An injured worker, who obtained tattoos to camouflage surgical scars of 6 surgical interventions, was held to be totally and permanently disabled. The evidence, presented at the time of trial, was found by the Judge of Compensation to provide a basis for an increase in the worker’s psychiatric disability that rendered the employee unable to work.
The worker testified that the side effects of a laundry list of medications that manifested low stamina and dry eyes. The drugs included:
• Buspar, an anti-anxiety medication, three times a day
• Nortiptyline, and anti-pain and antidepressant medication, three times a day
• Oxycontin, a pain medication, four times a day
• Topomax, a seizure medication used for pain relief, twice a day
• Methodone, a pain medication, four times a day
• Wellbutrin, an antidepressant, two to three times a day
• Bethanechol, a medication for dry mouth
• Prevacid, a stomach medication
The appellate forum affirmed the decision of the trial judge, Stephen Tuber, who in an extensive written decision rejected the opinions of the respondent’s medical experts, Drs. Galina and Effron in favor of that of the petitioner’s expert, Dr. Peter Crain.
Dr. Crain testified that the reason why the injured worker obtained the tattoos made “psychological sense.” The reviewing form held that “…She explained that she obtained tattoos to help her deal with her "suicidal ideation" and to camouflage the scars she bore from the multiple operations.”
Kiessling v. Prudential Insurance Company, NO. A-3051-08T23051-08T2, 2010 WL 1928711 (Decided May 10, 2010)
To read more about psychiatric disability and workers' compensation click here.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits.
The worker testified that the side effects of a laundry list of medications that manifested low stamina and dry eyes. The drugs included:
• Buspar, an anti-anxiety medication, three times a day
• Nortiptyline, and anti-pain and antidepressant medication, three times a day
• Oxycontin, a pain medication, four times a day
• Topomax, a seizure medication used for pain relief, twice a day
• Methodone, a pain medication, four times a day
• Wellbutrin, an antidepressant, two to three times a day
• Bethanechol, a medication for dry mouth
• Prevacid, a stomach medication
The appellate forum affirmed the decision of the trial judge, Stephen Tuber, who in an extensive written decision rejected the opinions of the respondent’s medical experts, Drs. Galina and Effron in favor of that of the petitioner’s expert, Dr. Peter Crain.
Dr. Crain testified that the reason why the injured worker obtained the tattoos made “psychological sense.” The reviewing form held that “…She explained that she obtained tattoos to help her deal with her "suicidal ideation" and to camouflage the scars she bore from the multiple operations.”
Kiessling v. Prudential Insurance Company, NO. A-3051-08T23051-08T2, 2010 WL 1928711 (Decided May 10, 2010)
To read more about psychiatric disability and workers' compensation click here.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits.
Delays Continue to Soar for Social Security Disability Determinations
The number of pending Social Security disability claims continues to increase. Congressman Rob Filner of California has introduced legislation to federalize the State Disability Determination Services (DDS).
Filner, at a recent joint hearing of the Ways and Means Committee testified the backlog of Social Security Disability claims is continuing to mount. In California alone, 40,000 cases were involved in the backlog and 1,000 new cases were being added each month. State imposed furloughs have complicated the process even further.
To read more about social security disability click here.
Click here for more information on how our office can assist you in a Social Security disability application/appeal.
Thursday, May 13, 2010
NIOSH Monitoring Work-Related Cancer
"Past estimates indicate that about 4% of cancer deaths in the U.S. are caused by occupational exposures; currently this is thought to underestimate the true burden of occupational cancer.1 Many of the studies that reported on the health effects of carcinogens were conducted in manufacturing. These assessments have resulted in the monitoring of and reduction in workplace exposures to carcinogens worldwide, in some cases through the development of protective standards. Exposures to carcinogens in the workplace may not result in cancer until 15-40 years later. Prevention of exposure to newly identified carcinogens is critical in order to achieve reductions in workplace attributable cancer. Based on the National Occupational Mortality Surveillance System (NOMS) (www.cdc.gov/niosh/topics/surveillance/NOMS/), U.S. manufacturing workers have increased proportionate mortality to cancer before age 65. To reduce cancer in workers, preventive strategies should be used in manufacturing processes where known and potential carcinogens are used."
To read more about cancer and workers' compensation click here.
To read more about workers' compensation claims click here.
Wednesday, May 12, 2010
Lawsuit Filed for Genetic Discrimination
A lawsuit was filed under the recently enacted Genetic Information Discrimination Act of 2008 (GINA) on behalf of a woman who underwent a prophylactic double mastectomy after testing positive for breast cancer. GINA took effect on November 21, 2009 and made it illegal to discriminate against employees or applicants because of genetic information.
GINA prohibits an employer from using genetic information to make an employment decision. It is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
The use of genetic information and the correlation with occupational illness and disease has been raised in the past as a major issue for employees as to both privacy and discrimination in the workplace. The workers' compensation arena is a fertile ground for conflicting interests over genetic testing and dissemination of genetic information.
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.
Click here to read more about occupational illness and genetics.
GINA prohibits an employer from using genetic information to make an employment decision. It is enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
The use of genetic information and the correlation with occupational illness and disease has been raised in the past as a major issue for employees as to both privacy and discrimination in the workplace. The workers' compensation arena is a fertile ground for conflicting interests over genetic testing and dissemination of genetic information.
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.
Click here to read more about occupational illness and genetics.
Tuesday, May 11, 2010
The Declining Euro and US Workers Compensation
This past week has been hectic on the news front. Internationally, the financial riots in Greece, and the British election results have sounded an alarm that the Euro is going south. The impact on the world’s financial markets on Thursday reverberated across the globe. On the home front, Saturday night last, a car bomb was parked in Times Square as news media merely focused instead for 3 desperate hours on Presidential humor at the White House Correspondents' Dinner. Even the US workers’ compensation system generated gloomy news as the NCCI reported dismal findings and a lack of a positive direction for the patchwork of State systems. NY State has joined the ranks of closing down 20% of its workers’ compensation agency. Unemployment rates in the US continue to grow and the rebound of the past is unlikely and the nation’s workers’ compensation continues to struggle.
One should not loose sight of the fact that the US workers' compensation system had its birth in Europe at the turn of the 1900’s. It was imported into the United States and the program flourished in tandem for decades with the late industrial revolution.
The international economic system now is challenged. The unemployment rate fails to rebound. Thomas L. Friedman (NY Times) brings into question, how to adapt the workers' compensation system to fit in the world market. He points out that, under Greek law workers in “hazardous jobs” can retire on full pension at age 50 for women and 55 for men. In Britain everyone over the age of 60 can ride the bus for free.
Everyone knows that a “free ride” just doesn’t exist any longer. Some commentators place doubt even on the $1 Trillion European bailout package as merely “kicking the can down the road,” and not a definitive solution.
The pension and benefit program in Europe is just one element of the failed workers’ compensation system. A larger question will be the adaptation of a medical benefit delivery system that works efficiently and is sustainable. As Friedman points out, "The Tooth Fairy is Dead." New concepts and ideas are desperately needed. Those looking to the past for solutions, now need to look to the future and be prepared to adapt to the future. It is necessary to grasp a vision of the horizon and beyond. The change going forward may be an entirely different approach to a present troubled workers’ compensation system.
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Jon L. Gelman Wayne NJ author of NJ Workers' Compensation Law and contributory author Modern Workers' Compensation Law.
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