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

Monday, May 9, 2011

Missouri, The Second Injury Fund and Paying Up

The St. Louis Post Dispatch today called upon the State of Missouri to do the right thing and stop hold injured workers hostage. In an editorial it declares that injured workers should receive benefits that they have been awarded un the Missouri workers' compensation Second Injury Fund which is now underfunded and unable to meet payment.

Citing the flight of an injured iron worker, Harold Frick, it calls for immediate payment now and compromise going forward to resolve the economic issues facing the Missouri workers' compensation system. Like most workers' compensation systems throughout the US, Missouri's system is facing serious economic challenges as it is confronted by a declining economic base upon which to draw premiums to support the system,

In order to insure that workers who have been injured previously can obtain gainful employment, the many legislatures created a second injury fund to insulate subsequent employers from responsibility for prior disability if the employee in question became totally disabled from a compensable accident or event during the last employment. The fund was established to encourage the employment of the handicapped by alleviating the burden placed upon the employer for compensation benefits should the injured worker become totally and permanently disabled. A question now exists on how to finance these funds that have disolved already in many jurisdictions.

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 accidents and illnesses.


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Sunday, May 8, 2011

Medical Monitoring Available Under the Zadroga 9-11 Health Compensation Fund


The World Trade Center Medical Monitoring Program is funded by the National Institute for Occupational Safety and Health under the Zadroga Act which was enacted last year.

MEDICAL TREATMENT for 9/11 responders
The program provides free treatment, including: doctor's visits, diagnostic testing and medications for WTC-covered conditions. Here is a list of covered conditions:
Aerodigestive Disorders

New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:
  • Interstitial lung diseases
  • Chronic Respiratory Disorder –Fumes/Vapors
  • Asthma
  • Reactive Airways Dysfunction Syndrome (RADS)
  • WTC-exacerbated chronic obstructive pulmonary disease (COPD)
  • Chronic Cough Syndrome
  • Upper airway hyperreactivity
  • Chronic rhinosinusitis
  • Chronic nasopharyngitis
  • Chronic laryngitis
  • Gastro-esophageal Reflux Disorder (GERD)
  • Sleep apnea exacerbated by or related to the above conditions

Mental Health Conditions
New onset or aggravation of pre-existing conditions for which clinical findings suggest onset is related to WTC exposure/injury:
  • Post Traumatic Stress Disorder (PTSD)
  • Major Depressive Disorder
  • Panic Disorder
  • Generalized Anxiety Disorder
  • Anxiety Disorder (not otherwise specified)
  • Depression (not otherwise specified)
  • Acute Stress Disorder
  • Dysthymic Disorder
  • Adjustment Disorder
  • Substance Abuse
“V codes” (treatments not specifically related to psychiatric disorders, such as marital problems, parenting problems etc.)

Musculoskeletal Disorders
New onset or aggravation of pre-existing conditions for which careful review of symptoms or other clinical information suggests relationship to WTC exposure/injury:
  • Low back pain
  • Carpal Tunnel Syndrome (CTS)
  • Other musculoskeletal disorders
Are you eligible?
This program serves the workers and volunteers who responded to the September 11th attacks. If you did any paid work or volunteered, on or after September 11th, that was directly related to the disaster, you may qualify. To find out whether you are eligible, call 888-702-0630 or download and fill out an eligibility questionnaire and fax it to us at 212-241-1850.

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 and enviornmental exposures. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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Google, Apple, Lucas Film Accused of Fixing Employee Wages

A lawsuit was filed last week against major players in the dot-com field for fixing employees wages. An employee's wage is a determining factor in workers' compensation claims to ascertain scheduled rates of compensation benefits.


The suit, filed in California last week, alleges that Apple, Intel, Intuit, Lucasfilm and Pixar  conspired "to fix and suppress the compensation of their employees." The class action claims that these companies violated California antitrust statues.



Rates for determining permanent partial disability have changed dramatically since the enactment of the Workers' Compensation Act in 1911. The present system of determining the rate of permanent partial disability payable to a claimant is statutorily defined in a disability wage and compensation schedule in the Workers' Compensation Act. The present disability wage and compensation schedule is based upon the Statewide Average Weekly Wage (SAWW) and establishes percentages for maximum and minimum compensation.  The schedule  reflects the percentages of disability presently in effect for maximum benefits.  The schedule also sets forth values calculated in number of weeks for specific members of the body. 


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 accidents and illnesses.

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Largest Verdict in US Asbestos History $322 Million Awarded by a Jury

A Mississippi jury has awarded a worker injured by asbestos $322 Million last week. This is the largest single asbestos award in the history.

The worker filed claims against Chevron Phillips Chemical (CP Chem and Carbide Corporation. He was employed in the oil fields in 1979 (at age 16) and mid 1980's and exposed to asbestos fiber. The worker was diagnosed with asbestosis, a progressive lung disease, caused by the exposure to asbestos fiber. 


Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. Asbestos is one of the modern world’s most historic occupational medical disasters. Not only is it well documented, it continues not to be banned in the US.

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.

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Saturday, May 7, 2011

Worker Alleging Workers Compensation Discrimination Awarded $361,000

A worker in Minnesota was awarded $361,000 against his employer for being discriminated against for filing a workers' compensation claim. The worker alleged that the employer terminated him after he suffered a work related accident and filed a claim for workers' compensation benefits.

The worker was injured on the job when a car lost control and struck the truck that the worker was driving. The employer alleged that the employee did not disclose previous injuries on his job application and terminated him. A jury subsequently awarded the injured employee $111,000 in dames for lost wages and emotional distress and another $250,000 for punitive damages.

In New Jersey a discrimination complaint may be filed with the Division of Workers' Compensation as an administrative remedy, which is separate from any common law action which might be instituted against the employer. The Division of Workers' Compensation shall conduct an investigation and forward the complaint and the results of the investigation to the Commissioner of the Department of Labor within 30 days of filing. The Commissioner will then act in accordance with the statutory provisions to determine whether or not there has been an unlawful discharge of, or discrimination against, the employee as a result of an application for workers' compensation benefits or as a result of the employee's testimony in a workers' compensation claim. An employee who has been discriminated against will be restored to his employment and will be compensated by his employer for any loss of wages arising out of the discrimination, as long as he is still qualified to perform his job duties.

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 accidents and illnesses.
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Friday, May 6, 2011

Bilateral Carpal Tunnel Results in Workers' Compensation Total Disability

A NJ Court of Appeals has affirmed a decision awarding total disability workers' compensation benefits to an injured worker who suffers from bilateral carpal tunnel injuries. The 61 year old punch press operator was deemed unable to work as a result of the repetitive motion injury.

The trial court, on remand, found that that the injured worker was unemployable taking into consideration this injuries, and personal factors under the Odd Lot Doctrine, a law law that was adopted from the British common law. Additionally, the trial court , in accordance with NJ State statues, deemed that the loss of use of two major (hands) members, made the worker totally disabled.

The Appellate Division approved the award which also include additional fee to be assessed against the employer. The injured worker is eligible to receive benefits for the his entire life.

Rambough v. C.V. Hill Refrigeration, 2011 WL 1675195 (N.J.Super. A.D.) Decided May 5, 2011.

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 accidents and illnesses.




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Ignoring The Doctor Orders is OK in Workers' Compensation

An employee who decided to ignore his doctor's orders and continue to do welding work was permitted to receive workers' compensation benefits. The Court held that the employee's action in disregarding his physician did not constitute a wilful self-exposure.


The Court reasoned..."Here, Worker possessed knowledge of his special sensitivity to fumes and received generalized warnings regarding the dangers of continued employment as a welder. There is no evidence he was ever definitively advised to end his career as a welder prior to October 2002, and it is similarly clear that he had sometimes worked as a welder without the occurrence of a fume exposure or a flare-up of his lung condition. Worker's choice in continuing to weld therefore does not present the type of situation in which he wilfully faced almost certain injury. His actions, though they may fall below a standard of ordinary care, are at most negligent."


Pearson v. Johnson Controls, Northern N.M., LLC __P3d___ (N.M. App. Div. 2011 ) 2001 WL 1660631



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 accidents and illnesses.

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