New Jersey Task Force Recommends Privatization of Workers Compensation

A NJ Task Force has recommended to Governor Chris Christie that workers' compensation should be privatized in the State. The Task Force looked to the West Virginia system in making its recommendation.


"West Virginia Governor Joseph Manchin signed a law in 2005 fully privatizing the state's Workers' Compensation Commission, transforming it into a private insurance carrier, BrickStreet Insurance. Since the completion of the process in 2008, workers' compensation rates have declined an average of 30 percent statewide, translating to more than $150 million in annual employer savings. BrickStreet—formerly the state monopoly—is now competing for business in other states."

The State of New Jersey, like other major industrial states, is suffering from major economic deficits that have resulted n curtailed state services including the furlough of Workers' Compensation staffs and closing of offices. The state's financial woes are mirrored in the local municipalities and it is anticipated that those governmental entities will also follow the State's lead to jettison the administration of workers' compensation programs. In california some localities have gone even further and privatized their staffs to lower costs.

Click here to read the complete report.

Click here to read more about workers' compensation 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.

Is the Cosmetic Industry the Next Tobacco or Asbestos?

Do You Want a Toxic Manicure?

The health dangers emanating from the unregulated cosmetic industry are becoming more apparent and more tragic. The serious health consequences of exposures flowing from the cosmetic industry may generate the next wave of mass tort litigation based on the predictability of emerging workers' compensation trends. 


Within the past few weeks, the carcinogenic properties of sunscreen products, which are advertised to inhibit cancer, have been reported to possibly causing it themselves. The generic and plan properties of the sun screens have been polluted by the carcinogenic properties of fragrances that have been reported to cause cancer themselves.


The Safe Cosmetics Act, now under consideration by Congress, will help protect workers' health.  The proposed legislation would establish a Center for Postmarket Drug Safety and Effectiveness.


Additionally,  The Protection America's Workers Act provides additional safeguards to workers. Thhe proposed legislation will:


*Expand workplace protections to state, county, municipal, and federal
employees who are not currently covered by the Occupational Safety and
Health Act

* Increase financial penalties for those who kill or endanger workers

* Strengthen criminal penalties to make felony charges available
for willful negligence causing death or serious injury

* Expand OSHA coverage to millions of employees who fall through
the cracks (like airline and railroad workers)

* Provide protection for whistleblowers

* Give employees the right to refuse hazardous work that may kill them

* Improve the rights of workers and families, requiring OSHA to
investigate all cases of death

* Prohibit employers from discouraging reporting of injury or illness

The Cosmetics industry has far too long relied upon a self-insurance schema and a lobbying effort  to protect its fortunes and not its workers. Emerging litigation in the workers' compensation arena traditionally explodes into mass torts. This has been the historical pattern evidenced by asbestos, tobacco and latex. The initial claims have already been successfully prosecuted for injured workers exposed to fragrances. Hopefully the next wave can be avoided and quick government regulation of the cosmetic and fragrance industry can avoid the inevitable and the workplace can be made safer.


Click here to read more about cosmetics and fragrances 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.

How to Register for the NIOSH Oil Spill Workers Voluntary Roster for Health Monitoring

The National Institute for Occupational Safety and Health (NIOSH) is developing a voluntary roster of response workers to create a record of those who have participated in cleanup activities and a mechanism to contact them about possible work-related symptoms of illness or injury, as needed. The Unified Command and BP support the roster and the goal of identifying all workers, including volunteers, involved in all response/cleanup activities. Workers have the opportunity to be rostered during training and at established staging areas (locations to which trained workers report for duty each day) in Louisiana, Mississippi, Alabama, and Florida. NIOSH also is rostering response workers online through a secure web site. NIOSH has provided the secure link to multiple federal agencies and BP, and has asked them to refer workers to the web site to complete the rostering form electronically.

As of July 15, 2010 over 38,778 workers have registered on the NIOSH roster.

NIOSH has requested that all cleanup workers and volunteers register for the following reasons:

"We know that workers may be potentially exposed to things in an oil spill cleanup: such as oils, volatile organic compounds, polyaromatic hydrocarbons, diesel fumes, heat, noise, and heavy lifting.

"We know that training will help provide information to workers about these exposures, and we are interested in what training workers receive.

"We want to gather information from workers involved in cleanup, so that after cleanup is over, we can see if workers experienced any symptoms related to the oil spill work. Oil spill exposures may cause some workers to experience symptoms like skin rash, throat irritation and cough, and back pain. We do not know if these symptoms will occur or if they do, what will be the extent of these symptoms. We want to learn as much as we can in order to reduce symptoms now and in the future.

"Documenting symptoms in this incident may provide information that NIOSH can use to protect the health of workers in this clean up and in future clean-up efforts.

Click here for the Roster Form.

To read more about federalization 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.

Comp Maybe Going Viral in Florida Over Dengue Fever

The Workers' Compensation in Florida may be in for yet another assault of claims as dengue virus rages from Ket West spreading north.  The Centers for Disease Control has now issued yet another report and alert concerning this wide spread viral condition. 

Viruses have, historically,  been a problematic challenge to the Workers' Compensation systems. Last flu season the government Federalized the flu compensation program. As this virus spreads, especially with the challenge of the Gulf Oil spill on the compensation system, the State of Florida will need to gear up to operationalize a response.

An estimated 5 percent of the Key West, Fla., population—over 1,000 people—showed evidence of recent exposure to dengue virus in 2009, according to a report from the Centers for Disease Control and Prevention (CDC) and the Florida Department of Health.

After three initial locally acquired cases of dengue were reported in 2009, scientists from the CDC and the Florida Department of Health conducted a study to estimate the potential exposure of the Key West population to dengue virus.

Dengue is the most common virus transmitted by mosquitoes in the world. It causes an estimated 50 million-100 million infections and 25,000 deaths each year. From 1946 to 1980, no cases of dengue acquired in the continental United States were reported, and there has not been an outbreak in Florida since 1934.

"We're concerned that if dengue gains a foothold in Key West, it will travel to other southern cities where the mosquito that transmits dengue is present, like Miami," said Harold Margolis, chief of the dengue branch at CDC. "The mosquito that transmits dengue likes to bite in and around houses, during the day and at night when the lights are on. To protect you and your family, CDC recommends using repellent on your skin while indoors or out. And when possible, wear long sleeves and pants for additional protection."

Since 1980, a few locally acquired U.S. cases have been confirmed along the Texas-Mexico border, which coincided with large outbreaks in neighboring Mexican cities. In recent years, there has been an increase in epidemic dengue in the tropics and subtropics, including Puerto Rico.

"These cases represent the reemergence of dengue fever in Florida and elsewhere in the United States after 75 years," Margolis said. "These people had not travelled outside of Florida, so we need to determine if these cases are an isolated occurrence or if dengue has once again become endemic in the continental United States."

To read more about workers' compensation and the H1N1 Flu 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.

Synchronizing Federal Care for Oil Spill Workers

The need for coordination of Federal benefits for oil spill workers is now becoming a major concern. It is becoming more apparent, by the day, that the State programs are now stretched beyond their limits to respond to the crisis. As The Path To Federalization expands, this debate will expand.

A recent study by the Center for American Progress addresses these concerns.


"Health threats from the oil spill may linger unseen, perhaps for more than a generation. And we will not be fully prepared to address the public health problems that arise in the future unless there is an effective and coordinated handover of responsibilities for protecting public health from the emergency response agencies to agencies with the capability and capacity for long-term monitoring and management. Federal agencies have been pulled in as needed in the gulf spill response, but it’s not clear that the Health and Human Services response has been synchronized from the top to ensure effective delivery and coordination."


"In short, the spill reiterates why we need to better manage the short- and longterm responses required to address the public health threats such disasters pose whether they are manmade or due to natural causes."

To read more about federalization 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.

3d Circuit Denies SSDI Claim Where Work Comp Claims Alleged to be a Stressor

The US 3rd Circuit Court of Appeals denied a claim for Social Security Disability Benefits where the claimant alleged that his workers' compensation claim was as stressor and the anxiety caused him to become totally and permanently disabled.

Wright v. Commissioner of Social Security, 2010 WL 2676382 (3rd Cir.(Pa.))

To read more about social security disability click here.

Click here for more information on office of Jon L. Gelman t. 973.696.7900 can assist you in a Social Security disability application/appeal.

Asbestos Manufacturer Circor - Leslie Files for Bankruptcy Protection

Circor International, Inc. (NYSE: CIR) today announced a major development in its effort to stem mounting asbestos litigation costs and resolve asbestos liability claims at its Leslie Controls, Inc. subsidiary.

Leslie today filed a pre-negotiated plan of reorganization as a voluntary petition under Chapter 11 of the U.S. Bankruptcy Code in U.S. Bankruptcy Court for the District of Delaware. Supported by a committee of attorneys representing current asbestos claimants and a proposed independent representative of future claimants, the plan is intended to permanently resolve Leslie’s asbestos liability through the creation of a trust pursuant to Section 524(g) of the U.S. Bankruptcy Code. All current and future asbestos claims against Leslie would be channeled to the trust for review and payment, thus providing both Leslie and CIRCOR with permanent court protection from such claims.

“Because we strongly believe that exposure to Leslie’s products has not caused any asbestos-related illness, our strategy has been to vigorously defend these claims,” said CIRCOR Chairman and Chief Executive Officer Bill Higgins. “However, the cost of this defense has exceeded the profits generated by Leslie’s operations, and we have been considering for some time a range of strategic alternatives that would enable us to permanently eliminate this expense and risk. Resolving Leslie’s asbestos liability through a pre-negotiated plan of reorganization accomplishes that aim, while preserving the value of a strong and viable business.”

Asbestos is a known cancer causing agent and has been linked to asbestosis and mesothelioma.

“We believe that a 524(g) trust that equitably resolves all pending and future claims and provides CIRCOR with permanent protection from derivative claims is in the best interest of all our stakeholders, including CIRCOR’s shareholders and Leslie’s customers, suppliers and employees,” Higgins continued. “Unencumbered by financial and legal exposure to asbestos liability, Leslie will be positioned to grow and contribute to CIRCOR’s profitability and cash flow going forward.”

Leslie intends to conduct business as usual during the Chapter 11 process, which could be completed in as little as 120 days., Today’s filing stays all pending and future asbestos litigation against Leslie. As a result, Leslie expects that its cash from operations will be sufficient to satisfy all of its operating obligations during this period. In addition, debtor-in-possession financing has been arranged for Leslie if needed.

Key terms of the pre-negotiated plan are as follows:
Funding for the 524(g) trust will consist of a $75 million contribution by Leslie andCIRCOR together with a contribution of proceeds from Leslie’s remaining asbestos insurance assets;
A provision that permanently protects CIRCOR and its affiliates from future derivative claims associated with Leslie’s asbestos liability; and
Leslie will remain a subsidiary of CIRCOR during and after Chapter 11.

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.