A homeowner was not responsible under workers' compensation law for the injuries suffered by someone who was hired to clean the house. The Court held that individuals hired to perform basic cleaning services such as dusting, vacuuming, sweeping and bathroom cleaning did not establish an employee-employer relationship.
The reviewing tribunal, in affirming the trial court's decision, held that the relationship did not meet either "the right to control" or "relative nature of the work" tests.
Lopez v. Moser, Docket No. A-1535-09T21535-09T2, NJ App. Div., 201 WL 2696754, Decided July 9, 2010.
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, July 10, 2010
Lawsuit Filled Alleging Asbestos Exposed Chemical Worker Suffered Fatal Mesothelioma
A lawsuit was filed alleging that a former chemical operator at Hoffman-LaRoche in Nutley, New Jersey was exposed to asbestos fiber and died of mesothelioma. The lawsuit filed in New Jersey Superior Court asserts that he suffered injurious exposure to asbestos as a direct result of his exposure to asbestos fiber at work. The estate of the deceased worker brought the action against several manufacturers and suppliers of asbestos fiber.
The lawsuit, Huk v Bird, Inc., was filed Friday in the Superior Court of New Jersey by the law firm of Jon L. Gelman LLC, and Motley Rice LLC , on behalf of estate. It alleges that those companies that mined, processed and sold asbestos-containing products were knowledgeable about the harmful effects of exposure to asbestos and asbestos-containing products, and failed to provide those exposed with knowledge as to possible precautions to protect against the harmful effects of asbestos exposure.
Mesothelioma is a rare cancer associated with asbestos exposure. The rates asbestos related fatalities are predicted to continue for decades to come. Despite public outcry, and the urging of physicians, asbestos is still not banned in the United States.
Attorney Jon L. Gelman, who has been litigating asbestos exposure claims for over three decades, said, “It is alleged the asbestos companies put into the stream of commerce a defective, unsafe and inherently dangerous product and failed to provide reasonable warnings.”
The defendants are Bird, Inc., Certain-Teed Corp., Frank A. McBride Company, Owens-Illinois, Inc and Rapid American Corporation.
Attorney Contact: Jon L. Gelman of Jon L. Gelman LLC, Wayne, NJ, 973.696.7900 or visit www.gelmans.com.
The lawsuit, Huk v Bird, Inc., was filed Friday in the Superior Court of New Jersey by the law firm of Jon L. Gelman LLC, and Motley Rice LLC , on behalf of estate. It alleges that those companies that mined, processed and sold asbestos-containing products were knowledgeable about the harmful effects of exposure to asbestos and asbestos-containing products, and failed to provide those exposed with knowledge as to possible precautions to protect against the harmful effects of asbestos exposure.
Mesothelioma is a rare cancer associated with asbestos exposure. The rates asbestos related fatalities are predicted to continue for decades to come. Despite public outcry, and the urging of physicians, asbestos is still not banned in the United States.
Attorney Jon L. Gelman, who has been litigating asbestos exposure claims for over three decades, said, “It is alleged the asbestos companies put into the stream of commerce a defective, unsafe and inherently dangerous product and failed to provide reasonable warnings.”
The defendants are Bird, Inc., Certain-Teed Corp., Frank A. McBride Company, Owens-Illinois, Inc and Rapid American Corporation.
Attorney Contact: Jon L. Gelman of Jon L. Gelman LLC, Wayne, NJ, 973.696.7900 or visit www.gelmans.com.
Allianz Firemans Fund Increases Asbestos Reserves by $301 Million
Asbestos has been a known carcinogen for decades. It is a natural occurring mineral that that has been used for its non-flammable properties. Medical conditions occur such as asbestosis, mesothelioma and other cancers, decades after the initial exposure.
Initially sold by companies in the 1920s, without warning of its known dangers, asbestos use continues not to be banned in the US. Disease from asbestos exposure is predicted to continue at very high rates.
The workers’ compensation system did not provide an adequate remedy because of a constellation of reasons, and subsequently, the wave spread to civil litigation out of desperation for adequate benefits. Asbestos litigation has been named, "The Longest Running Tort” in American history. Asbestos litigation expanded into bankruptcy claims that continue unabated and the epidemic of disease continues. The remaining cases in the Federal court system were transferred to Federal Multi District Litigation (MDL 875) and the majority are finally concluding after twenty years of Panel consolidation.
Large verdicts continue to be reported in asbestos claims. A Los Angles jury recently 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.
Click here to read more about asbestos related disease and claims for 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 asbestos related illnesses.
Tuesday, July 6, 2010
Temporary Benefits Due During Period of Unrelated Medical Condition
An asthma flare up, that delayed surgery for a compensable back injury, was not a reason to halt the payment of workers' compensation temporary disability payment. The Court held:
"....when treatment for the original work related injury is delayed due to unrelated
conditions, the claimant was entitled to continued disability benefits during the entire period."
"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior fusion at C5-6 and C7 because of asthma flare-ups unrelated to the work accident." Schock did not refuse treatment, there is no evidence that she was able to return to work or that she was at maximum medical improvement during the brief delay in her neck surgery. Her asthma condition was temporary and beyond her or her doctor's control."
"....when treatment for the original work related injury is delayed due to unrelated
conditions, the claimant was entitled to continued disability benefits during the entire period."
"The compensation judge correctly ordered continued temporary disability benefits from November 9, 2006 through February 17, 2007, "the period of time when [Schock] was unable to proceed with an authorized anterior fusion at C5-6 and C7 because of asthma flare-ups unrelated to the work accident." Schock did not refuse treatment, there is no evidence that she was able to return to work or that she was at maximum medical improvement during the brief delay in her neck surgery. Her asthma condition was temporary and beyond her or her doctor's control."
Shock v Morristown Memorial Hospital/Atlantic Health Systems, Docket No, A-1658-09T2, (NJ Ap. 2010), Decided July 2, 2010
Monday, July 5, 2010
Designing the New Federal Workers Compensation Program
The trend toward Federalization of workers’ compensation benefits took a giant step forward by recent Presidential action creating the British Petroleum Oil Compensation Fund. While the details remain vague, the broad and sweeping concept of inclusiveness is more than obvious.
This is not a surprising turn of events. It is entirely consistent with a broad pattern to sweep the ailing and fragmented patch work of state programs into a unified Federal program. In an era of economic depression, national health care reform and major workforce changes this approach is consistent with the underlying bipartisan national philosophy.
Columnist and an expert in the field, Peter Rousemaniere, recently concluded an analysis of system’s failures that have literally pushed workers’ compensation into a federalized program. “The states and workers' compensation insurers have for decades weaseled on the promise to protect workers from occupational illnesses and to honor their claims.”
The knee jerk reaction, one would think, would be this could never happen because of interested stakeholders. In reality, they have been silently distracted by more far reaching issues and have been economically drained of resources to the point where they’ll take anything the Federal Government can offer to save them from extinction.
The Federal government is not unfamiliar with the administration and distribution of benefits. Since 1882 the federal government has been providing benefits to injured workers and their widows: in 1900 the postal workers compensation system was established; in 1908 the Federal government established a program for those who work in hazardous environments; and, in 1932 the Social Security Administration was established. However, the Social Security Act did not embrace workers’ compensation in 1932 since the primary goal of the law was to reduce unemployment.
The federal programs have produced a dismal result over the last few years. The Federal Victims Compensation Fund, enacted following the horrific tragedy of September 11th, 2001, has a very strict eligibility criteria and a limited recovery scheme. The Smallpox Emergency Personnel Protection Act of 2003 (SEPPA) was enacted following an aborted vaccination program after the government reluctantly disclosed available medical research concerning potential fatal cardiovascular reactions. A risk analysis demonstrated that this program may not have been needed at all but was merely implemented to sway public opinion. Ultimately, the federal government halted the Smallpox Vaccination Program and funded $100 million for the purpose of cleaning up the legacy of adverse medical reactions and to ease the burden placed upon the victims and their estates that were struggling to obtain benefits under State compensation programs.
The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) (P.L.106-398) was enacted into law in October, 2000 with strong bipartisan support. EEOICPA established a program to provide compensation to employers of the Department of Energy (DOE), its contractors and subcontractors, companies that provided beryllium to DOE, and atomic weapons employers.
The Federal health care reform is a big Federal deal for workers’ compensation as it establishes the Libby Health Care Plan with far reaching impact by involving Medicare to deliver health care. The ongoing integration of conditional payments (Medicare Secondary Payer Act and mandatory reporting) as well as the review of all compromises concerning the provision of future medical care (Workers Compensation Medical Set-aside Agreements) is already anther Federal foot in the door to prevent what in the past was a tradeoff of medical care to US taxpayer without consideration.
While federalization may not be the panacea, the target remains to limit the cost of medical expenses and provide an efficient and remedial benefit delivery system at minimal cost for administration and to hold the appropriate parties financial responsible. The costs of maintaining duplicate medical delivery systems for workers, major medical and workers’ compensation, continues to represent an unnecessary and costly duplicate expenditures in administration and management.
The BP-Federal Oil Compensation Plan is yet another attempt to find a solution. While it may not be perfect, hopefully it will be guided successfully and will learn from past Federal trials and errors dabbling in workers’ compensation. It is obviously not the perfect solution, but that may only exist as an unattainable goal. The first step is a comprehensive and integrated Federal workers’ compensation program. A step in the right direction would be for the Federal Government to take primary responsibility for all occupational workers’ compensation claims. This would be an innovated initial approach to implement a new Federally administered Workers’ Compensation system.
Sunday, July 4, 2010
BP Oil Spill Compensation Flows to Florida
Oil compensation funds are now flowing along the predictable loop current to the State of Florida. The Palm Beach Post reports that while 90,000 claims have been filed as of July 2, 2010 by individuals totally, in Florida only one in four of the 25,000 have yet to be paid. Most of #22.4 million that BP has paid in Florida has gone to compensate for lost wages.
To read more about petroleum exposure 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. You may e-mail Jon Gelman or call 1-973-696-7900.
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