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

Tuesday, September 6, 2011

Home Renovation Cited As An Increased Risk for Mesothelioma

This old house is becoming a serious health hazard as renovations are made to asbestos laden homes. A recent study published in the Medical Journal of Australia reports that an increased trend of mesothelioma, a rare and fatal cancer causally connected to asbestos exposure, in exposures related to home renovation. The latency period for the disease's development, time of exposure to time of manifestation of mesothelioma, was found to be shorter than expected.

Even though asbestos was banned in Australia in 2003 the number of claims has continued to increase. This is a typical occurrence in asbestos related illness. The cancer may not develop for 15 to 35 years following exposure.

While workers' compensation have provided some benefit to injured workers and dependents in the US over the last 3 decades, most claims have sought recoveries against the suppliers, manufacturers and health research organizations of asbestos fiber. That litigation is not limited by the narrow and limited recovery caps of a workers' compensation claim.

Old housing stock may contain many asbestos products including: attic insulation, boiler and plumbing insulation, asbestos backed flooring tiles, ceiling tiles, roofing, and spackling and plaster. While asbestos is not yet banned in the US, workers should carefully test old houses before renovations.

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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Monday, September 5, 2011

Asbestos: ADAO to Livestream the film -- Breathtaking


Kathleen Mullen’s Documentary Gives Comprehensive Insight into the Tragedy Associated with Commercial Mining

The Asbestos Disease Awareness Organization (ADAO,) which combines education, advocacy, and community to provide a unified voice for asbestos victims, today announced that it will be livestreaming Breathtaking on September 26th. The documentary, directed by Ontario filmmaker Kathleen Mullen, is “a personal investigation into the continued use of asbestos” and details her father’s tragic death due to exposure to asbestos from Canadian mining.

Breathtaking addresses the asbestos industry through a moving and personal investigation into the death of Mullen’s father, and the baffling present-day use, pubic mining, and incessant export of asbestos in spite of decades of scientific evidence that asbestos kills people. Commercially mined since the Industrial Revolution, asbestos was nicknamed the ‘magic mineral’ for its fabric-like, and fire retardant properties and has been used in everything from brake pads to oven mitts. Although it has been discovered to be carcinogenic, and asbestos use has been banned in many countries and limited in others. However, Canada, Russia and several other countries, still mine asbestos and export it for use in developing nations.

Mullen uses heartbreaking clips of her dying father’s legal testimony, together with family photos, and home movies to take the audience on an investigative journey. From her family home in British Columbia to Quebec, India and Detroit, Mullen paints a global, yet still personal picture of the many lives affected by the continued use of asbestos.

“As I began Breathtaking, everyone to whom I mentioned I was making the film responded with a personal story of their own,” Mullen says. “I soon realized that this story was a lot bigger than just my own family’s grief.”

The Asbestos Disease Awareness Organization (ADAO) recognizes the global and negative impact of the Canadian asbestos industry and has partnered with Mullen to hold a first-ever, international livestreaming of Breathtaking on September 26th, 2011 at 6:30 pm EST from the ADAO website.

The 45 minute screening will begin with a short introduction from Mullen and conclude with a thirty minute question and answer session via Twitter with the filmmaker and ADAO President and Co-Founder, Linda Reinstein.

“ADAO is thrilled to be able to bring this critical issue to the forefront through the incredible film,Breathtaking. It is through the new avenues of digital technology and social media that we are seeing awareness about asbestos hazards expand rapidly around the globe,” said Reinstein about the livestreaming event.

Click Here To View Trailer: http://tinyurl.com/4yznj99

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, September 2, 2011

When the Boss Calls

The use of cells phones while driving still remains a serious problem as drivers continue to ignore laws throughout the country. Unenforced and unenforceable laws throughout the nation aren't meeting the well intentioned goal of restricting their use. A major excuse is the need to use it for work and my "boss" required the employee to use it.

The epidemic of distracted driving continues to spread. Economic consequences are not yet frequent enough and severe enough to change the culture of abuse. Industry still hasn't taken the bold steps required to solve the problem.

Even though the genie of the "car phone" is out of the bottle, carefully engineered technology can resolve the problem. The same companies that brought us the unhealthy combination of cell phones and distracted driving can engineer the cure.

Employers seem to lack the economic motivation to take action. Employers who insit on their use for employment reasons can be compared to those employers who remove a machine guard to increase production at the cost of injury. It is senseless and tragic to insist that employees are required to us cellphones for employment. It is time that mandatory technology safeguards be implemented to curb abuse and avoid trajic and unnecessary accidents.
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Thursday, September 1, 2011

Who Is Paying the Premiums for Workers Compensation Anyway

Employes have been subject to "give backs" and "add on" costs for decades, but now employers want to shift the cost of workers compensation insurance to employees. The intent of the workers' compensation act was to shift the costs of workers' compensation coverage to the consumer of the product and/or user of the service and not the employee.


A recent Massachusetts Judge reiterated that principle, but left open the question as to whether the employee could consensually contract to accept the costs of workers' compensation coverage. If this occurs, it is ultimately a "deal breaker."


Cost shifting of workers' compensation coverage is a dangerous precedent going to the heart of the initial promise made to workers in creating the system. Is is against  "public policy," and defeats the Legislative intent of the act. While the economy is soft and the workers' compensation system in a weakened condition it is not time to abandon ship unless a more creative approach for reform of the entire system comes into play. As jobs remain scarce, the process would not be consensual, but merely coercion. Shifting the cost would ultimately remove the deterrent effect for unsafe workplaces, and yet is another reason why employers and ultimately consumers should remain responsible for workers compensation  costs.


See: Awuah v. Coverall North America, Inc.,--- N.E.2d ----, Mass. , 2011 WL 3805255, Mass., August 31, 2011 (NO. SJC-10829)

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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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.
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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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.
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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.
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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