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

Wednesday, August 31, 2011

Surveillance Crosses the Privacy Line

Surveillance in workers compensation matters creates sensitive issues regarding privacy. The bright-line of what is public versus private becomes even more acute as employers and insurance companies investigate fraud concerns. When companies cross the line the consequences can be serious.

Several Montana attorneys have sought relief from a Court for what they call a breach of the privacy of the injured workers whom they represent. The attorneys allege that insurance fraud investigators, on behalf of a Montana insurance fund, have violated the privacy rights of their client by recording surveillance videos  and giving them to examining physicians, in order to facilitate reports that the injured workers are malingering.

The attorneys represent that  in over 800 instances, over the past several years, criminal surveillance tapes were unilaterally provided to defense medical experts to the detriment of their client's right to privacy. Harassment of injured workers creates fear that deters claims to benefit of employers and their insurance carriers. Inured workers have limited resources to fight such unscrupulous behavior. The attorneys in Montana had done a great pro bono and public service to take on Goliath on behalf of David. Hopefully the courts will balance the playing field and protect the rights of the injured worker from such tactics.

Workers' compensation was designed as a simple and equitable system. It was intentionally designed for the benefit of all the parties who participate in it. It is important that when the system becomes unbalanced that all the participants join in the effort equally to both redesign and rebalance the program.

Tuesday, August 30, 2011

Zadroga 9-11 Compensation Fund To Accept Claims October 3rd

The 9/11 Zadrogra Compensation Fund is scheduled to start accepting claims for compensation on October 3, 2011. Announcement of the publication of the Final Rule was just announced.

With the 10-year anniversary of Sept. 11, 2001, approaching, September 11th Victim Compensa­tion Fund (VCF) Special Master Sheila L. Birnbaum today announced the final rule governing the fund. Since issuing the proposed regulations in June 2011, Special Master Birnbaum has reviewed formal comments and met with, and received feedback from, hundreds of New York-area residents, workers and first responders at town hall meetings held in New York and New Jersey.


For more information about The 9/11 Fund claims click here.


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.

What Hurricane Relief Volunteers Need to Know About Workers Compensation

Hurricane relief volunteers are entitled to workers compensation benefits for injuries and illnesses that occurred as a result of their participation in relief efforts. In order to claim those benefits injured volunteers need to make sure that they follow some simple steps.

1. Make sure that they establish an employment relationship for the agency or company conducting the relief work. In other words, the volunteer, even if earning no money, must be an employee of the the company conducting the rescue and/or relief effort. The best evidence would be a written agreement that the worker is to be considered an employee of the company. 

2. Report to the report if an accident or injury occurs arising out of and in the course of the employment. This report should be made as quickly as possible following the event or manifestation of illness. This should be followed up immediate with a written communication to the employer advising that an injury or illness occurred and that medical treatment, if necessary, is being sought.

3. Record the names and addresses witnesses to the even or exposure.

4. Seek medical care if required. If it is an emergency and you are unable to first notify your employer, seek medical attention first and then report the event. Most emergency rooms will record your event history and notify your employer, but that is not always the case. Therefore, advise your employer where and when you sought emergency medical care as soon as possible.

5. If you are advised by a medical profession to stay out of work, then obtain that information in writing. Make a copy of the lost time order and give the copy to your employer.

6. See the advice of an attorney at law familiar with workers' compensation matters since volunteer work in emergency situations produced a lot of complication issues. Those issue are inherited from the chaos and complications that occur in the wake of a major natural disaster such as a hurricane.

Volunteering for the hurricane relief effort is a noble gesture. Workers, in the emotional haste to assist, must also insure that they remain insured for workers' compensation benefits.

Monday, August 29, 2011

Pensions, Workers Compensation and Medical Benefits

The State of New Jersey has taken assertive action to guarantee medical benefits to injured workers for their lifetimes even though they are receiving accidental injury pensions. The Director has issued an Administrative Directive requiring language to literally toll the statute of limitations and permit the Division of Workers' Compensation to retain jurisdiction over such matters where the injured worker has accepted the continuing medical benefit option.

"Petitioner has been awarded and accepted an accidental disability pension effective _(date)_. To resolve the workers' compensation case, petitioner and respondent have agreed to provide petitioner with reasonable and necessary medical treatment for injuries related to the _(date)_ accident. This Order for continuing medical benefits shall not be subject to the two year statute of limitations and such medical benefits shall continue for the life of the petitioner or until further order of this court."

By statute, workers' compensation awards are offset by pension awards. The medical issue remains open usually and medical benefits remain the responsibility of the employer. The medical issue becomes a complication when costs are attempted to be shifted to collateral medical carriers or Medicare. The subsequent reimbursement issue then generates medical lien claims that must be litigated. The incorporation of the language will greatly clarify responsibility and expedite medical care and payment.

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.


Genetic Pre-Disposition to Mesothelioma


The workers' compensation system has struggled with asbestos related claims for decades. The serious and sometimes fatal occupational malignancies that asbestos exposure has been responsible for have resulted in an unabated epidemic surge of claims for which he system was unable to handle efficiently. The recent findings of a genetic predisposition to mesothelioma is a hopeful beginning that positive research efforts will yield both prevention and cure of asbestos related disease.

Scientists have found that individuals who carry a mutation in a gene called BAP1 are susceptible to developing two forms of cancer – mesothelioma, and melanoma of the eye. Additionally, when these individuals are exposed to asbestos or similar mineral fibers, their risk of developing mesothelioma, an aggressive cancer of the lining of the chest and abdomen, may be markedly increased.

"Because only a small fraction of asbestos-exposed individuals develop malignant mesothelioma1, and because mesothelioma clustering is observed in some families, we searched for genetic predisposing factors. We discovered germline mutations in the gene encoding BRCA1 associated protein-1 (BAP1) in two families with a high incidence of mesothelioma, and we observed somatic alterations affecting BAP1 in familial mesotheliomas, indicating biallelic inactivation. In addition to mesothelioma, some BAP1 mutation carriers developed uveal melanoma. We also found germline BAP1 mutations in 2 of 26 sporadic mesotheliomas; both individuals with mutant BAP1 were previously diagnosed with uveal melanoma. We also observed somatic truncating BAP1mutations and aberrant BAP1 expression in sporadic mesotheliomas without germline mutations. These results identify a BAP1-related cancer syndrome that is characterized by mesothelioma and uveal melanoma. We hypothesize that other cancers may also be involved and that mesothelioma predominates upon asbestos exposure. These findings will help to identify individuals at high risk of mesothelioma who could be targeted for early intervention."

"Germline BAP1 mutations predispose to malignant mesothelioma,
" Nature Genetics (2011) doi:10.1038/ng.912Received 06 May 2011 Accepted 27 July 2011 Published online 28 August 2011


Also see NIH Press Release: NIH-funded researchers discover genetic link to mesothelioma; Identified gene mutation may underlie other cancer types

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.

Friday, August 26, 2011

Remembering 9/11



In commemoration of the tenth anniversary of the September 11, 2001 attacks, the International Center of Photography (ICP) is collaborating with the National September 11 Memorial Museum (9/11 Memorial Museum) on an exhibition of photography and video that addresses the issues of memory and recovery from disaster and explores how New Yorkers and volunteers from across the U.S. responded to this inconceivable tragedy. Remembering 9/11 will be on view at the International Center of Photography (1133 Avenue of the Americas at 43rd Street) from September 9, 2011 to January 8, 2012.

“On the occasion of this important anniversary of the events of 9/11, ICP is pleased to partner with the 9/11 Memorial Museum on an exhibition that honors those who were lost and celebrates the sacrifices of many to recover from those violent acts,” said Willis E. Hartshorn, ICP Ehrenkranz Director. “Photography is, in this case, both a documentary tool to record this process of regeneration and a medium of memorialization and healing.”

Focusing on how firefighters, transit workers, police officers, construction workers, artists, photographers, and World Trade Center (WTC) neighbors worked together in the aftermath of the attacks, the exhibition will include five parts: Memory Remains: 9/11 Artifacts at Hangar 17, a major installation by Francesc Torres; photographs from Eugene Richards’ Stepping Through the Ashes; a five-channel video installation, cedarliberty, by Elena del Rivero and Leslie McCleave; Above Ground Zero, photographs and proof sheets by Gregg Brown; and excerpts from here is new york: a democracy of photographs.

“The work in Remembering 9/11 documents a wealth of different experiences and offers various perspectives on the tragedy and its aftermath. It is the first time some of the work will be exhibited and accessible to the public. Only a handful of Gregg Brown’s extraordinary aerial views of the WTC site, which were commissioned by government agencies right after the attacks, has been seen by general viewers. And Francesc Torres’ installation will be a unique opportunity to see the WTC artifacts that were housed in Hangar 17,” said ICP Curator Carol Squiers, who co-organized the exhibition.

“For years, Hangar 17 has been a repository for stories of loss, courage, heroism, and resiliency that have been told through the recovered WTC steel beams and damaged vehicles,” said Joe Daniels, President and CEO, National September 11 Memorial & Museum. “A year from this year’s opening of the 9/11 Memorial, the world will be able to experience these historic artifacts in the 9/11 Memorial Museum. Our collaboration with ICP offers a window onto the Museum exhibitions we are planning.”

Memory Remains: 9/11 Artifacts at Hangar 17

Francesc Torres’ Memory Remains: 9/11 Artifacts at Hangar 17 is a digital projection installation of 140 photographs taken of the more than 1,500 artifacts removed from the WTC site and preserved inside Hangar 17 at JFK Airport. In Hanger 17, the items were cleaned, catalogued, and arranged in the 80,000 square-foot space, with only a limited number of visitors seeing the collection over the years, including military and police officials and family members of the victims. In April 2009, Torres photographed the collection that had taken shape inside the hangar, including twisted steel beams, crushed emergency and civilian vehicles, the remains of an Alexander Calder sculpture, store merchandise and displays, ID badges, and huge objects dubbed “composites”— compressed fused pieces of building materials, some measuring as much as eight feet on a side and weighing an estimated 25,000 to 30,000 pounds.

“Torres spent five weeks at Hangar 17 in 2009, daily confronting the legacy of terror and the ghosts of Ground Zero,” said Alice M. Greenwald, Director, 9/11 Memorial Museum. “Through Torres’ eyes, we can see the potential for resilience, and the triumph of the human spirit over adversity.”

The Torres work was commissioned for the 9/11 Memorial Museum in 2009. Many of the artifacts from Hangar 17 will be shown at the 9/11 Memorial Museum when it opens in September 2012.




Thursday, August 25, 2011

Census of Fatal Occupational Injuries Summary, 2010

A preliminary total of 4,547 fatal work injuries were recorded in the United States in 2010, about the same as the final count of 4,551 fatal work injuries in 2009, according to results from the Census of Fatal Occupational Injuries (CFOI) program conducted by the U.S. Bureau of Labor Statistics. The rate of fatal work injury for U.S. workers in 2010 was 3.5 per 100,000 full-time equivalent (FTE) workers, the same as the final rate for 2009. Over the last 3 years, increases in the published counts based on information received after the release of preliminary data have averaged 174 fatalities per year or about 3 percent of the revised totals. Final 2010 CFOI data will be released in Spring 2012. 

 Economic factors continue to play a role in the fatal work injury counts. Total hours worked were up slightly in 2010 in contrast to the declines recorded in both 2008 and 2009, but some historically high-risk industries continued to experience declines or slow growth in total hours worked. Key preliminary findings of the 2010 Census of Fatal Occupational Injuries: - The number of fatal work injuries among the self-employed declined by 6 percent to 999 fatalities, more than the decline in their hours worked.