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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Tuesday, April 12, 2011

A New TV Sickcom - Workers Comp

Two 19 year old writers have come up with a plot for a television series about workers' compensation claimants. Robert Carradine, Charley Koontz (Community), Castille Landon and Jennifer Lee Wiggins star in the upcoming series about a family insurance company and the workers' compensation claims they are forced to manage.

"Workers' Comp is a half-hour comedy about a small workers compensation insurance company whose employees are as bizarre and insane as the absurd, often fraudulent, on-the-job injury claims the carrier faces. The show centers on five main characters working at the family-owned Pinnacle Workers' Compensation Insurance Company. Inspired by real-life incidents, the show offers viewers an unusual vantage point, giving them insight into the who's-scamming-who? dynamic between insurance companies and claimants. Zoe Arendes is the twenty-year-old daughter of wacky company owner, Joan. Though Joan has several other endeavors, which consume her time, she refuses to validate Zoe by handing over the reins of the company. Kevin Andrews, the firm's defense attorney, has no regard for Zoe's insistence on professionalism in the workplace. Lonny, who joined the staff after suffering his own on-the-job injury, is an inappropriate oaf. Rounding out the primary staff is Lynn, a manipulative adjuster who manages to convince claimants of her devotion to them, only to catch them at their most vulnerable point and drive them to settle their claim for as little as possible, regardless of their personal circumstances. As we follow this controversial team through hilarious story lines, we see the complicated dealings of a small business and the individuals who make it all work."

Monday, April 11, 2011

US OSHA Warns Workers of Brazilian Blowout Formaldehyde Hazards

US Labor Department’s OSHA issues hazard alert to hair salon owners, workers on smoothing and straightening products that could release formaldehyde
The U.S. Department of Labor's Occupational Safety and Health Administration is issuing a hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with some hair smoothing and straightening products.
The hazard alert, available on OSHA's website at http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html, provides information about OSHA's investigations, the health hazards of formaldehyde and how to protect people who are working with hair smoothing and straightening products.
Responding to complaints and referrals about possible exposure to formaldehyde, federal OSHA and many state occupational safety and health agencies are conducting investigations. Oregon's Occupational Safety and Health Administration, Connecticut's Department of Public Health, and agencies in several other states already have issued warnings.
Federal OSHA has found formaldehyde in the air when stylists used hair smoothing products, some of which do have formaldehyde listed on their labels or in material safety data sheets as required by law. During one investigation, the agency's air tests showed formaldehyde at levels greater that OSHA's limits for a salon, even though the product tested was labeled as formaldehyde-free. California's Occupational Safety and Health Administration recently issued violations to an importer and distributer of smoothing products labeled formaldehyde-free for failing to list formaldehyde as a hazardous ingredient on the company's product labels and in the material safety data sheets.
Formaldehyde presents a health hazard if workers are exposed. It can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is linked to nose and lung cancer.
OSHA requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets that are sent to employers.
"Workers have the right to know the risks associated with the chemicals with which they work, and how to protect themselves," said federal OSHA Assistant Secretary Dr. David Michaels. "Employers need to know these risks in order to ensure the safety and health of their employees."
To eliminate potential worker exposure, OSHA recommends that salon owners use products that do not contain formaldehyde, methylene glycol, formalin, methylene oxide, paraform, formic aldehyde, methanal, oxomethane, oxymethylene or Chemical Abstract Service Number 50-00-0.
If a salon owner decides to continue using a formaldehyde-containing hair smoothing product, then he or she must follow OSHA's formaldehyde standard. Important requirements of this standard include conducting air monitoring, installing ventilation where needed and training workers about formaldehyde, as well as providing protective equipment such as gloves, chemical splash goggles, face shields and chemical resistant aprons.
The material safety data sheet includes important information about what a product contains and how the ingredients can affect a worker's health. Salon owners and other employers must have a material safety data sheet for any of the products they use that contain hazardous chemicals. They must also make the sheet available to stylists and other workers.
OSHA currently has a number of ongoing investigations at salons and of importers/distributors/manufacturers relating to hair smoothing and straightening products. Some citations have been issued.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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 occupational disease.

Friday, April 8, 2011

Special Master to be Appointed Soon for Zadroga Fund

September 11, 2001 attacks in New York City: V...Image via Wikipedia



The selection of a Special Master to manage the Zadroga 9/11 health fund is imminent reported The New York Times. The special master will be managing the multi-million dollar  benefit fund created under recent Federal legislation that will provide assistance to those who were injured following the attacks on the World Trade Center on September 11, 2001.

Those who were exposed to the toxic dust and fumes of the World Trade Center disaster continue to suffer from latent and progressive medical conditions. The New England Journal of Medicine has reported that a substantial population that was exposed to the toxic residuals of the event are suffering from sever medical conditions. Positive pathological findings reflect the existence of aluminum and magnesium silicates, chrysotile asbestos, calcium phosphate, calcium sulfate, glass, and carbon nanotubes (CNT) were found in specimens of exposed individuals.

Like the September 11th Victim Compensation Act of 2001, even if the exposed individuals are living in another state, but were exposed at the NY Disaster Area, the ill individuals may apply 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 disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Illinois Workers Compensation Maybe Heading for Extinction

Illinois lawmakers are now looking at terminating its failed workers' compensation sytem entirely, and allowing civil suits to proceed instead. The State of Illinois is not alone in recognizing that ailing workers' compensation systems throughout the US are having difficulty fulfilling legislative intent, to provide a summary and redial system of benefits under a no-fault system, to injured workers.


Representative John Bradley (D-Marion) said, "Let's give the courts a chance. Let's try something else. Because we know what we've been doing isn't working," 


Read the Article in the Chicago Tribune: http://tinyurl.com/3nk2cx6

Thursday, April 7, 2011

The Federal Shutdown and Workers Compensation

The Federal budget crisis may have a significant adverse  impact on the entire national patchwork of of workers' compensation systems. As President Obama caution yesterday, "A shutdown will have real effects on everyday lives..."

Since the Centers for Medicare and Medicaid Services (CMS) has such an enormous role now in resolving workers' compensation claims, it is apparent that a shutdown of the medical system will leave the State programs stranded as they await data as to conditional payment and approval as to set-aside arrangements. The co-ordination of financial reimbursement and medical records from the Military Personnel Records Center, Veteran's Administration and Tri-Care will also be slowed. Additionally, many state labor departments are  funded by the Federal government for rehabilitation programs, and a loss of income will have a dramatic impact upon their operations.

Lack of funding has already caused states to furlough personnel, close offices and not replace essential staff. A Federal shutdown presents a dismal forecast to the ailing workers' compensation system.

Tuesday, April 5, 2011

New Test Announced for Early Detection of Asbestos Related Lung Cancer

Researchers at NYU Langone Medical Center have investigated a novel protein test to detect early-stage, asbestos-related pulmonary cancer. The test can accurately identify proteins secreted from cancerous tumors caused by asbestos exposure. The study was presented at the American Association for Cancer Research 102nd Annual Meeting 2011 on April 4th.

In a blinded test performed under the sponsorship of the National Cancer Institute's Early Detection Research Network Biomarker Discovery Lab, researchers detected 15 of 19 cases of stage 1 or stage 2 malignant pleural mesothelioma. The study shows the test is approximately 80 percent sensitive in identifying disease. In addition, the specificity of the test was 100 percent with no false positives.

Malignant pleural mesothelioma is an aggressive, asbestos-related pulmonary cancer that develops in the lining of the lungs. Each year, the disease causes an estimated 15,000 to 20,000 deaths worldwide. It can be fatal within 14 months following diagnosis because of the advanced stage that it is typically found.

The goal of a new diagnostic test is to find the cancer early enough to effectively treat it, according to Harvey I. Pass, MD, director of the Division of Thoracic Surgery and Thoracic Oncology at NYU Langone Medical Center and the NYU Cancer Institute.

"The only patients that seem to benefit from therapy in mesothelioma are those that are found in stage 1, and this is only 10 to 15 percent of patients," said lead researcher Dr. Pass. "Moreover, when found early, the magnitude of the operation necessary to reduce the burden of disease may be less, making the patient better able to cope if the disease recurs and the patient needs more aggressive therapy."

The research team used the "Multiplex SOMAmer Assay" by SomaLogic, Inc. to examine 170 blood samples from 90 patients diagnosed with malignant mesothelioma and 80 participants who were previously exposed to asbestos. The technology uses SOMAmers, chemically modified single-stranded DNA molecules to bind specifically to target proteins , to identify and quantify biomarkers.

According to Dr. Pass, this test measures 19 protein biomarkers for malignant pleural mesothelioma and is able to find and quantify the small amount of proteins secreted by tumor cells. Ongoing studies are refining the test and validating the results in other patient blood samples.



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 disease.

Monday, April 4, 2011

The Republican Plan: Just End Medicare

This week, the Republicans will offer a proposal that ultimately would end Medicare involvement. The plain is simply end Medicare. The proposal outlined is outlined in the Wall Street Journal today.

"The plan would essentially end Medicare, which now pays most of the health-care bills for 48 million elderly and disabled Americans, as a program that directly pays those bills. Mr. Ryan and other conservatives say this is necessary because of the program's soaring costs. Medicare cost $396.5 billion in 2010 and is projected to rise to $502.8 billion in 2016. At that pace, spending on the program would have doubled between 2002 and 2016."

Converting the program for coverage to the poor only would still not end the plans' involvement in workers' compensation and in fact may only increase it. The dichotomy between rich and poor will increase. The numbers of uninsured are growing as well as the working elderly.

It is anticipated that Medicare premium costs will continue to increase under the present plan and wealthy Americans will opt-out. This proposal will merely mean a universal opt-out plan leaving the Federal program strapped for cash. The premium base needs to be increased rather than diminished.

As Peter Rousmaniere, a noted workers' compensation commentator,  recently observed, the workers' compensation program has "leaks in the system."  Occupational disease claims will continue to be denied at increasing rates, and the cost shifting will merely be perpetuated from workers compensation  to the taxpayers. Just ending Medicare will not solve the problems with the Workers' Compensation medical delivery system.