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

Friday, July 1, 2011

Zadroga 9-11 Compensation Fund Opens for Business

Today, The James Zadroga 9-11 Health Compensation Fund is open for business. Civic leaders will gather to celebrate with a ribbon-cutting at the Mt. Sinai Medical Center in New York City. The Zadroga Fund reopens the 9-11 Victims Compensation Fund and will provide billions of dollars in funding for the benefit of victims and first-responders who were injured as a result of the September 11, 2001 terrorist attacks.

US Congress Members Maloney and Nadler will be joined byU.S. Department of Health and Human Services Secretary Kathleen Sebelius, Mayor Bloomberg, Police Commissioner Kelly, clinic physicians and responders and survivors at the ceremony. The program will take place at Mount Sinai Medical Center, Annenberg Building 1190 Fifth Avenue, 1st floor, Stern Auditorium, Manhattan.


For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Thursday, June 30, 2011

Federal Government Launches New Workplace Health Program

The Federal Government has launched a new program to provide for better delivery of medical care in the workplace. As occupational medical conditions become increasingly more difficult to diagnose and treat under workers' compensation systems, this initiative is a bold effort to provide a solution.

The U.S. Department of Health and Human Services announced today the availability of $10 million to establish and evaluate comprehensive workplace health promotion programs across the nation to improve the health of American workers and their families. The initiative, with funds from the Affordable Care Act’s Prevention and Public Health Fund, is aimed at improving workplace environments so that they support healthy lifestyles and reduce risk factors for chronic diseases like heart disease, cancer, stroke, and diabetes.

“Spiraling health care costs and declines in worker productivity due to poor health are eroding the bottom line of American businesses,” said HHS Secretary Kathleen Sebelius. “This new initiative will help companies of all sizes implement strategies to improve employee health and contain health costs driven largely by chronic diseases.”

Funds will be awarded through a competitive contract to an organization with the expertise and capacity to work with groups of employers across the nation to develop and expand workplace health programs in small and large worksites. Participating companies will educate employees about good health practices and establish work environments that promote physical activity and proper nutrition and discourage tobacco use—the key lifestyle behaviors that reduce employees’ risk for chronic disease.

“This is an exciting opportunity to help employers deliver effective workplace health programs on a national scale,” said Dr. Thomas Frieden, director of HHS’ Centers for Disease Control and Prevention, which oversees the initiative. “The promise of this strategy is a win-win: workers will be healthier and more productive, and companies will be more profitable.

Project funds will support evidence-based initiatives to build worksite capacity and improve workplace culture in support of health. Examples of such strategies include establishing tobacco-free campus policies, promoting flextime to allow employees to be more physically active, and offering more healthy food choices in worksite cafeterias and vending machines. A core principle of the initiative is to maximize employee engagement in designing and implementing the programs so they have the greatest chances of success.

The Obama Administration recognizes the importance of a broad approach to addressing the health and well-being of our communities, and June is Prevention & Wellness Month. Other initiatives put forth by the Obama Administration to promote prevention include the President’s Childhood Obesity Task Force and the First Lady’s Let’s Move! initiative aimed at combating childhood obesity, as well as the National Prevention Council, which is charged with designing and implementing a National Prevention and Health Promotion Strategy.

Organizations interested in submitting proposals for the Comprehensive Health Programs to Address Physical Activity, Nutrition, and Tobacco Use in the Workplace can find more information at www.fbo.gov. The application deadline is August 8, 2011. A separate funding opportunity is available for a national evaluation of the initiative and can also be found at www.fbo.gov .

Wednesday, June 29, 2011

Pulmonary Embolism Due to Sedentary Work Held Compensable

Workers' Compensation benefits were awarded for a pulmonary embolism causally related to sedentary work activity. A NJ Appellate Court awarded benefits for the development of a pulmonary embolism precipitated by the inactivity of sitting long hours at a desk job.

This is the second time that the Appellate Division review this matter. Previously it denied benefits for an "occupational exposure" type heart condition. This time the Court declared thst the pulmonary embolism as an ordinary cardiovascular incident triggered by a significant event, that being inactivity.

The reasoned, "The workers' compensation judge followed our instructions on remand and applied Section 7.2 which states that:

"In any claim for compensation for injury or death from a cardiovascular or cerebral vascular causes, the claimant shall prove by a preponderance of the credible evidence that the injury or death was produced by the work effort or strain involving a substantial condition, event or happening in excess of the wear and tear of the claimant's daily living and in reasonable medical probability caused in a material degree the cardiovascular or cerebral vascular injury or death resulting therefrom.
Material degree means an appreciable degree or a degree substantially greater than de minimus.
Thus, the question is whether Cathleen's lack of movement at work was more severe than her lack of movement in her daily living, and whether the inactivity at work caused her pulmonary embolism in a material way."


Renner v AT&T, A-2393-10T3, 2011 WL 2518781 (N.J.Super.A.D.) Decided June 28, 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.

New Rules to Govern Federal Employees Compensation Act

The US Labor Department has announced new rules updating procedures for Federal Workers’ Compensation Act claims. These rules mark the first major regulation updates since 1999.

The U.S. Department of Labor's Office of Workers' Compensation Programs today published a final rule that revises and modernizes the procedures used in administering claims under the Federal Employees' Compensation Act. They were published in the June 28 Federal Register. The Rules modernize procedures to increase fairness and efficiency, updates the regulations to account for recent statutory changes and incorporates advances in technology that preserve administrative resources.

"This is the first substantial change to the FECA regulations since 1999," said OWCP acting Director Gary Steinberg. "The new regulations take advantage of technological and other changes that will improve the fairness and efficiency of the claims process."The rule also clarifies a number of current practices. Updates include acknowledging reorganization within the department and incorporating statutory changes, such as the new FECA death gratuity benefit. Changes also have been made to existing policies to improve the benefit program and lessen burdens on claimants. Additionally, the rule adds the skin as a covered organ retroactive to Sept. 11, 2001, under the act's schedule award provision, providing up to 205 weeks of compensation for burns, cancers and other medical conditions that impair the skin's function. The administrative and procedural changes include requiring employing agencies to file claims electronically by the end of 2012 and allowing for the use of video and teleconferences in hearings, as well as changes to the medical approval and procurement procedures.


The Office of Workers' Compensation Programs administers several disability benefit programs that cover federal workers, nuclear weapons workers, coal miners, longshore and harbor workers, and civilian contractors of the federal government who work overseas. These programs provide a variety of medical benefits, as well as wage replacement, vocational rehabilitation and other services. Benefits also may be paid to eligible dependents or survivors. For more information, visit http://www.dol.gov/owcp/.


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.

Monday, June 27, 2011

Tonight on HBO: Hot Coffee - How The Industry Suppresses Litigation


The acclaimed documentary, "Hot Coffee," premieres tonight on HBO. The film reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end.
The film reveals what tactics are used by Industry to suppress litigation. After seeing this film, you will decide who really profited from spilling hot coffee.


Friday, June 24, 2011

The Ugly Canadians

Today, Canada blocked the United Nations from banning asbestos. Reuters reported, "Chrysotile asbestos will not be listed as a hazardous industrial chemical that can be banned from import after countries including Canada and Ukraine blocked consensus."

An editorial in the Toronto Star called the action by Canada as hypocritical: 

"The hypocrisy is staggering. The federal government has spent millions to clear its own buildings of this noxious material — including taking it out of 24 Sussex Drive to protect the Prime Minister and his family. Canadian companies, schools and homeowners have also removed asbestos from their structures. Yet we happily export it.The asbestos industry in Quebec has been dying for years and employs only about 300 people. There’s no future in these operations. The miners should be given help to find new jobs or a decent pension and the mines left to wither away. This toxic trade needs to end."

"Asbestos kills. The World Health Organization calls it “one of the most serious occupational carcinogens” and notes that it’s a factor in 90,000 deaths each year. But we keep selling more than $100 million of it each year to countries such as India and Indonesia, where it is used in the manufacture of cement and auto parts. We even market it with a Canadian flag logo, leaving the impression it is stamped with government approval."

***

"The asbestos industry in Quebec has been dying for years and employs only about 300 people. There’s no future in these operations. The miners should be given help to find new jobs or a decent pension and the mines left to wither away. This toxic trade needs to end."

As the Canadian Globe and Mail posted today, "We are the Ugly Canadians."

Canada Called A Pariah State

Canada's activities at the UN Rotterdam Convention to prevent the listing of chrysotile asbestos as a carcinogen has been internationally denounced. Despite the knowledge of the deadly effects of asbestos fiber, Canada continues to encourage the mining of the asbestos for its pecuniary gain in Quebec.


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