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

Monday, December 19, 2011

The Top 10 Workers' Compensation Blog Posts for 2011

The Workers' Compensation Blog has made enormous strides this year.  Over 80% of our readers have been new visitors. The blog readers, now spanning the globe, have rated the following posts as their top 10 favorites this year:
  1. The Next Wave of Workers Compensation Claims: WHO Calls Cell Phones a Potential Cancer Risk
  2. OSHA To Fine Employers for Distracted Driving Accidents
  3. Court Permits Deduction of Procurement Costs From Medicare Set-Aside in Liability Claim
  4. A Nuclear Workers' Compensation Disaster
  5. Workers' Comp, Walker, and Wisconsin’s Wailing
  6. The Top 10 Drugs Prescribed For Workers Compensation Claims
  7. Gingrich: Workers' Compensation is History
  8. Changing the Fundamental Rules of Workers Compensation
  9. NJ Public Employee Pensions Headed for Major Changes
  10. Cell Phones Usage For Commercial Interstate Drivers to be Banned

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Wednesday, December 14, 2011

Automobile Mechanics Should Be Cautious About Asbestos Exposure

Many brakes and clutches used in new and recent model automobiles do not contain asbestos. However, it has not been totally eliminated. Some reports have indicated that many mechanics and employees in the automotive repair shops as well as do-it-yourselfers are unaware that asbestos may be present in both old and replacement brakes and clutches.

OSHA’s asbestos standard requires the use of controls and safe work practices when employees work with brake shoes and clutches that contain asbestos. These requirements are detailed in 29 CFR 1910.1001 and specifically 1910.1001(f)(3) and Appendix F of the standard - Work Practices and Engineering Controls for Automotive Brake and Clutch Inspection, Disassembly, Repair and Assembly (http://www.osha.gov/SLTC/asbestos/index.html). The requirements also are discussed in the Federal Register at 59 FR 40964, 40985-87 (August 10, 1994) and 60 FR 33983 (June 29, 1995), as well as in OSHA Directive CPL 2-2.63 (revised).

Asbestos, a naturally occurring mineral fiber that is highly heat resistant, can cause serious health problems when inhaled into the lungs. If products containing asbestos are disturbed, thin, lightweight asbestos fibers can be released into the air. Persons breathing the air may breathe in asbestos fibers. Continued exposure can increase the amount of fibers deposited in the lung. Fibers embedded in the lung tissue over time may result in lung diseases such as asbestosis, lung cancer, or mesothelioma. It can take from 10 to 40 years or more for symptoms of an asbestos-related condition to appear. Smoking increases the risk of developing illness from asbestos exposure.

All automotive brake and clutch repair facilities in the United States must comply with the OSHA asbestos standard. The proper use of engineering controls and work practices by properly trained employees working on automotive brakes and clutches will reduce their asbestos exposure below the permissible exposure level of 0.1 fiber per cubic centimeter of air, expressed as an 8-hour time-weighted average. Respiratory protection is not required during brake and clutch jobs where the control methods described below are used.

The two preferred OSHA methods to control asbestos dust during brake and clutch repair and service are: (1) a negative pressure enclosure/HEPA (high-efficiency particulate air) vacuum system, and (2) the low pressure/wet cleaning method. The employer may use other methods (in conjunction with written procedures), to reduce exposure to levels equivalent to the negative pressure enclosure/HEPA vacuum system. For facilities that inspect, disassemble, reassemble and/or repair five or fewer brake or clutch jobs per week, the wet method (described in paragraph D of Appendix F) can be used. The spray can/solvent system method can be used as an alternative preferred method since it meets the equivalency criterion of the negative pressure enclosure/HEPA vacuum system method. Proper training is essential to ensure that employees use the methods in an effective manner.

More information:
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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, December 13, 2011

National Highway Safety Board To All States: Ban Cellphone Use in Vehicles

To the 50 states and the District of Columbia:
(1) Ban the nonemergency use of portable electronic devices (other than those designed to support the driving task) for all drivers; 
(2) use the National Highway Traffic Safety Administration model of high visibility enforcement to support these bans; and 
(3) implement targeted communication campaigns to inform motorists of the new law and enforcement, and to warn them of the dangers associated with the nonemergency use of portable electronic devices while driving.

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Sunday, December 11, 2011

$2 Million Verdict to Plastic Compounder Suffering Mesothelioma - Call For Asbestos Ban

This week a New York state jury awarded $2 Million dolars to a former plastic compounder who was exposed to asbestos fiber and was subsequently diagnosed with mesothelioma. The employee worked in a plastic factory in 1966 and poured raw asbestos fibers to make molds. Some of the asbestos fiber was supplied by Hedman Resources Ltd., a Canadian asbestos mining company.

Mesothelioma is a rare and fatal cancer caused by exposure to asbestos fiber. Hundreds of thousands of lawsuits have been filed against the asbestos manufacturers and producers since the early 1970's in the US seeking benefits. Despite the continuing epidemic of asbestos related disease and massive weight of scientific evidence of the deadly carcinogenic qualities of asbestos, Canada continues to mine asbestos fiber and sell it worldwide. It is estimated that that 107,000 workers die annually from asbestos-related diseases.

To this day there is no asbestos ban in effect in the US. The Canadian asbestos industry still exports asbestos fiber used in the US and other parts of the world. On Thursday, The Asbestos Disease Awareness Organization (ADAO) which combines education, advocacy, and community to provide a unified voice for asbestos victims, today announced with the Canadian Voices of Asbestos Victims the release of the North American Declaration to Eliminate Asbestos-Related Diseases.

The Declaration initiates an enhanced collaboration between the U.S. and Canadian asbestos disease victims and their families, public health organizations, environmental non-governmental organizations, occupational safety and health (OSH) specialists, and politicians. While ADAO has been individually partnering with Canadian counterparts for education, advocacy, and community initiatives for several years now, the North American Declaration for the Elimination of Asbestos-Related Diseases unifies the demands voiced by American and Canadian asbestos victims to eliminate asbestos-caused diseases.


To sign the petition to ban asbestos fiber click here: Petition to Ban Asbestos Fiber 
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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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Cilantro Recalled for Possible Salmonella Health Risk

Pacific International Marketing (“Pacific”) is working with the Food and Drug Administration (“FDA”) and California Department of Public Health to coordinate a recall of Cilantro for potential contamination with Salmonella. FDA has advised that a sample of Pacific Cilantro has tested positive for Salmonella. A total of 6,141 cartons of Cilantro are being recalled.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

The product is distributed in Pacific International Marketing cartons of 60 bunches, 30 bunches and 20- 3 bunched sleeves. The product is bunched cilantro with “Pacific” on the twist tie and the UPC code, which is 33383 80104. The UPC code for sleeves is 40695 80104. The product was distributed in California, Arizona, Massachusetts, New Jersey, Indiana, South Carolina, and Missouri through retailers. Consumers should return cilantro purchased after November 16th but before December 10th. The carton codes are as follows:

19 78
111411
19 78
111811
19 84
111811
19 94
111811
19 78
111911
19 84
111911
19 94
111911
19 78

No Illnesses have been reported to date. The recall is the result of a positive FDA Salmonella test taken at the distributor level. The product originates from Salt River Farming, located in the Phoenix, Arizona area. The source of contamination is unknown.

Consumers who have purchased the cilantro are urged to return it to the place of purchase for a full refund. Customers can also contact Pacific International Marketing at 831 755 1398 from 8:00 am PST to 5:00 pm PST Monday through Friday or by mail to: P.O. Box 3737, Salinas, CA 93912-3737
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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, December 9, 2011

NJ Public Employee Pensions Headed for Major Changes

S3123 Replaces TPAF, PERS, PFRS and SPRS accidental disability benefits with reduced work-related disability benefit; modifies JRS disability benefit. 


12/1/2011 Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
12/9/2011 Reviewed by the Pension and Health Benefits Commission Recommend to enact with changes:

The Commission supports enactment of the bill with suggested modifications: 1) an increase in the work-related disability benefit of 40% should be considered for the most traumatic injuries that result in total disability; 2) a description of the level of medical coverage available in each system would be beneficial; 3) a monitoring of a potential shift to Workers Compensation awards would help identify any unintended costs that might result, and; 4) a change from the words “mental retardation” to “intellectual disability” would appear to be consistent with P.L.2010, c.50.


Read The Pending Legislation: S-3123

"This bill replaces the accidental disability benefit available to members of the Teachers’ Pension and Annuity Fund (TPAF), the Public Employees’ Retirement System (PERS), the Police and Firemen’s Retirement System (PFRS) and the State Police Retirement System (SPRS) with a new work-related disability benefit that is the same as the TPAF, PERS, PFRS and SPRS ordinary disability benefit of 1½% of compensation for each year of service but no less than 40% of compensation.

"In order to qualify for a work-related disability benefit, the member must receive a workers’ compensation award of permanent disability. The requirement for a medical examination may be waived when the Division of Workers’ Compensation in the Department of Labor and Workforce Development has determined that the member is 100% totally and permanently disabled.

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The Times They Are Changing

This year fall athletics have seem to be taking center field reflecting the problems of an inadequate workers' compensation system. The issues of safety, compensatibility, venue, benefit rates and medical care, are symptoms of a greater problem and are becoming a catalyst for change.

Today, David DePaolo, the President & CEO of WorkCompCentral, has editorialized of the lack of the ability of the workers' compensation system to meet present needs is now a major concern and that generally workers' compensation is just no longer relevant.

Click here to read his recent post: Professional Sports and the Relevancy of Comp
"I see all of this as evidence that things are changing, and that the pace of change is quickening. Obviously such things don't change overnight, but I would wager that the work comp world is going to be a much different landscape in 20 years, or even 10."

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