Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Saturday, June 19, 2010
Campaign for Centennial Workers Compensation Postage Stamp
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Friday, June 18, 2010
Air Quality Hazards of the Gulf Oil Spill
This video highlights the serious and extensive potential health hazards of the gulf oil spill.
To read more about petroleum exposure and workers' compensation.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
EC Publishes Criteria to Diagnose Occupational Illness
The European Commission has published a listing of the criteria for diagnosis occupational disease. The 272 page report is available on-line. It reviews hundreds of established occupational medical conditions.
a) The clinical features must fit in with what is known about the health effects following exposure to the specified agent. The symptoms and signs should fit, and this may be supported in some cases by suitable diagnostic tests.
b) There must be indication of sufficient occupational exposure. Evidence on exposure may be obtained through taking the occupational history, results of occupational hygiene measurements taken at the workplace, biological monitoring results, and/or records of incidents of over-exposure.
c) The time interval between exposure and effect must be consistent with what is known about the natural history and progress of the disease. Exposure must precede health effects. However, in some conditions such as occupational asthma, a past history of childhood asthma and/or asthmatic attacks occurring before occupational exposure, does notautomatically rule out the possibility of a workplace agent causing subsequent asthmatic attacks.
d) The differential diagnosis must be considered. There are non-occupational conditions that have similar clinical features as occupational diseases, and a physician will have to take this into account before diagnosing or excluding an occupational disease.
To read more about occupational exposures and workers' compensation.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
Thursday, June 17, 2010
Workers Compensation Makes the Top 50 Blog List
Workers' Compensation blog has been named one of the "50 Best Blogs by Lawyers." It has been noted as , "A great blog about the latest trends in workers' compensation law."
The site provides an analysis of trends and developments in Workers' Compensation Law throughout the United States.
Wednesday, June 16, 2010
NJ Judge Dismisses Claim of Oil Spill Worker
A New Jersey Workers' Compensation Judge has dismissed the claim of a maintenance worker who was employed by The Port Authority of NY & NJ (Port Authority) to clean up oil spills. The longterm employee, testified that for 7 years during his employment, he was assigned to Newark Airport as part of en emergency response team to clean up "jet fuel spills, aircraft hydraulic leaks, emergency landings and car accidents." The employee claimed that his exposure to petroleum products occurred also as a buildings and grounds attendant at Port Newark and Lincoln Tunnel while performing spill cleanup work for the Port Authority. The worker testified to benzene exposure as well as asbestos fiber.
Despite the fact that the employee, a non-smoker, testified that he experienced headaches, a sore throat, was tired and suffered from dry mouth, the Judge did not hold the case compensable. The worker explained to the Court that he operated a mechanical sweeper that scrubbed the soiled surfaces with a product known as "Speedy Dry" as part of the spill clean up procedure.
The Court rejected the workers' medical expert who had found him 40% disabled on a pulmonary basis for chronic bronchitis, obstructive lung disease and restrictive pulmonary disease with pleural scarring. The Court relied upon the respondent's medical expert who found that the worker was 3% disabled for pulmonary disability unrelated to the occupational exposure that the defense expert diagnosed as a cough and sinus condition, and "mild bronchitis." In its analysis the Court indicated that no scientific literature was presented attributing causal relationship of the exposure to an occupational condition.
The decision was silent as to any allegation or need for medical monitoring.
Melo v. The Port Authority on NY & NJ., CP No. : 2006-25707 (Decided May 19, 2010).
To read more about petroleum exposure and workers' compensation.
Despite the fact that the employee, a non-smoker, testified that he experienced headaches, a sore throat, was tired and suffered from dry mouth, the Judge did not hold the case compensable. The worker explained to the Court that he operated a mechanical sweeper that scrubbed the soiled surfaces with a product known as "Speedy Dry" as part of the spill clean up procedure.
The Court rejected the workers' medical expert who had found him 40% disabled on a pulmonary basis for chronic bronchitis, obstructive lung disease and restrictive pulmonary disease with pleural scarring. The Court relied upon the respondent's medical expert who found that the worker was 3% disabled for pulmonary disability unrelated to the occupational exposure that the defense expert diagnosed as a cough and sinus condition, and "mild bronchitis." In its analysis the Court indicated that no scientific literature was presented attributing causal relationship of the exposure to an occupational condition.
The decision was silent as to any allegation or need for medical monitoring.
Melo v. The Port Authority on NY & NJ., CP No. : 2006-25707 (Decided May 19, 2010).
To read more about petroleum exposure and workers' compensation.
Benzene Exposure Near the U.S. Permissible Limit Is Associated with Sperm Aneuploidy
Benzene is a widespread environmental pollutant that has been associated with leukemia and various blood disorders. Prior reports have indicated an association between high-concentration benzene exposure and increased frequencies of sperm with chromosomal disomy, as well as sperm with chromosomal aberrations. Xing et al. (p. 833) investigated whether 33 men that were occupationally exposed to benzene had higher frequencies of sperm aneuploidy than 33 unexposed men and whether the relationship was dose-related. Sperm aneuploidy increased across low- and high-exposed groups for disomy X and overall hyperhaploidy for the three chromosomes investigated. There was also increased disomy X and hyperhaploidy in men exposed to ≤ 1 ppm benzene. The authors conclude that benzene appeared to increase the frequencies of aneuploid sperm for chromosomes associated with chromosomal abnormality syndromes, even in men whose air benzene exposure was at concentrations at or below the permissible exposure limit.
Monday, June 14, 2010
Designing a BP Oil Spill Compensation Fund
As the Obama Administration debates the format for an Gulf Oil Spill Compensation the critical factors of funding, administration and longevity of the program remain unresolved. Tonight The PBS News Hour provided only a limited insight into the major issues involved in such a program.
Essential to the program is the adequacy and efficiency of the delivery of benefits to injured and exposed workers. While comparisons continue to be drawn to the the longest tort in American history, asbestos, and the Victims Compensation Fund of 911, sight continues to be lost of the injured and exposed workers who have been faced with a basic workers' compensation system that for the most part, failed to adequately miss their needs.
Daniel Farber, Director of the environmental law program at the University of California, Berkeley's Law School highlighted some of the design failures of the past in Federal programs when he stated, "Well, I don't know if we need a custom-built scheme for BP, but I think that this has shown a genuine problem, both here, but also with other kinds of environmental disasters, with public health disasters, which is that we have a very long litigation process, and people may need help right away."
Missing from the discussion, yet again, are the injured workers, the employers, the workers' compensation insurance carriers and their advocacy groups discussing the essential issue of compensating oil spill workers. History teaches us that in the past Federal programs have missed the mark in creating adequate programs to meet the needs of compensating injured workers. Hopefully, the opportunity will not be lost this time to create a viable, fair and exemplary program.
To read more about petroleum exposure and workers' compensation.
Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon Gelman or call 1-973-696-7900.
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