Workers' Compensation

Thursday, February 16, 2012

Distracted Driving: Federal Guidelines Proposed For Automakers

After years of accidents in the workplace caused by the use of mobile devices in vehicles, the Federal Government today proposed universal universal guidelines to encourage automobile manufacturers to electronically disable these devices when a vehicle is in operation. The enforcement of this safety-first proposal may establish a legal standard universally to bar the use of such devices in vehicles and encourage employees to have a safer working environment.

See: U.S. Department of Transportation Proposes ‘Distraction’ Guidelines for Automakers
"Issued by the Department’s National Highway Traffic Safety Administration (NHTSA), the guidelines would establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require visual or manual operation by drivers. The announcement of the guidelines comes just days after President Obama’s FY 2013 budget request, which includes $330 million over six years for distracted driving programs that increase awareness of the issue and encourage stakeholders to take action. "

Counsel Fees Awarded Against An Employer Who Failed to Pay Timely

A NJ Appellate Court has ordered that an employer must pay counsel fees to an injured worker's attorney, on an hourly basis, when the employer is penalized. The employer failed to timely pay an award for compensation benefits to the injured worker. The Appellate Court ruled that the workers' attorney was entitled, in additional to the standard contingency fee, and counsel fees awarded for the appeal of the matter, to an award for services rendered to enforce the Order of the court.

The Appellate Court, presented with the issue three times on appeal, exercised its original jurisdiction, and held "....that an award of attorney's fees is mandatory and the judge of compensation is not limited by the statutory formula governing fee awards following an award of benefits. Quereshi v. Cintas Corp. (Quereshi I), 413 N.J. Super. 492, 503 (App. Div. 2010)."

In its decision the Appellate Court opined, "...the judge of compensation misinterpreted our original opinion"....and that "the alternative interpretation of the judge's action -- willful defiance of our mandate --is completely unacceptable behavior."

Qureshi v. Cintas Corporation, A-2703-10T2 (NJ App Div 2012) Decided Feb 15, 2012 (Quereshi III), Unpublished Decision. 2012 WL 469726 (N.J.Super.A.D.

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Wednesday, February 15, 2012

NIOSH Alerts Home Healthcare Workers About Latex Allergies

NIOSH (The National Institute for Occupational Health and Safety) has published a booklet to educate Home Healthcare Workers about preventing latex allergies. Latex products are made from natural rubber, and sensitivity can develop after repeated exposure. Limiting exposure to latex can help prevent allergic reactions for both home healthcare workers and their clients.

Once Natural Rubber Latex (NRL) sensitivity occurs, allergic individuals continue to experience symptoms, which have included life-threatening reactions, not only on exposure to NRL in the workplace but also upon receiving or accompanying a family member receiving healthcare services at inpatient as well as office-based settings.

In September of 1997, the Food and Drug Administration (FDA) issued a final rule requiring cautionary statements in the labeling of all medical devices that contain natural rubber likely to come in contact with humans. The rule provides that such products must contain the following cautionary statement in bold print: "Caution: This product contains natural rubber latex which may cause allergic reactions." Additionally, the FDA issued a final ruling that the labeling of medical devices that contain natural rubber, likely to come in contact with humans, shall not contain the term "hypoallergenic".

Over the last few years, there has been a significant increase in the number of workers' compensation claims filed against employers on behalf of individuals who have suffered latex allergic reactions. Scientists and government officials estimate that about 950,000 U.S. health care workers have developed an allergic sensitivity to latex.
.....

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, February 14, 2012

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Monsanto guilty of chemical poisoning in France

Consistent with an enforcement trend by the EU to reduce agricultural pesticides used by 50% between 2008-2018, a French court on Monday declared U.S. biotech giant Monsanto guilty of chemical poisoning of a French farmer, a judgment that could lend weight to other health claims against pesticides.

See: Thomson Reuters News & Insight
"It is a historic decision in so far as it is the first time that a (pesticide) maker is found guilty of such a poisoning," François Lafforgue, Francois's lawyer, told Reuters.

Monday, February 13, 2012

Pair sentenced to 16 years in Italy asbestos trial

Pair sentenced to 16 years in Italy asbestos trial - Telegraph:

Prosecutor Raffaele Guariniello is surrounded by media at the Turin courthouse, Italy

Stephan Schmidheiny, the former owner of a company making Eternit fibre cement, and Jean-Louis Marie Ghislain de Cartier de Marchienne, a major shareholder, were sentenced in absentia after being found guilty of causing an environmental disaster and failing to comply with safety regulations.

NIOSH To Review Underreporting of Occupartional Injuries and Illnesses by Workers

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National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC) has proposed a project to review the Underreporting of Occupational Injuries and Illnesses by Workers.

"In 2008, the Congressional Committee on Education and Labor released the report, “Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses,” indicating “that work-related injuries and illnesses in the United States are chronically and even grossly underreported.” Based in part on the report's results, Congress allocated funds for NIOSH to conduct a follow-up study using NIOSH's occupational supplement to the National Electronic Injury Surveillance System (NEISS-Work) to estimate underreporting among individuals who seek care at an emergency department (ED) for an occupational illness, injury, or exposure.

"Objectives for this project are to (1) assess the reporting behavior of workers that are injured, ill, or exposed to a harmful substance at work; (2) characterize the chronic aspects of work-related injuries or illnesses; and (3) estimate the prevalence of work-related chronic injuries and illnesses among United States workers treated in EDs. Particular attention will be paid to self-employed workers, workers with work-related illnesses, and workers with chronic health problems.

"Data collection for the telephone interview survey will be done via a questionnaire containing questions about the respondent's injury, illness, or exposure that sent them to the ED; the characteristics of the job they were working when they were injured, became ill, or were exposed; their experiences reporting their injury, illness, or exposure to the ED and their employer (if applicable); the presence of an underlying chronic condition that was associated with their ED visit; and the nature of any other work-related chronic conditions they have experienced. The questionnaire was designed to take 30 minutes to complete and includes a brief series of questions to screen out individuals who were not seen in the ED for a work-related injury, illness, or exposure; who are younger than age 20 or older than age 64; who do not speak English or Spanish; or who were working as volunteers or day laborers when the injury, illness, or exposure occurred or was made worse.

77 FR 6803 2/9/2012

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