A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, colon, liver, skin, lungs, kidneys and others.
See March 22, 2012 Master DRAFT for WTC STAC Committee Review
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
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(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Thursday, March 29, 2012
Wednesday, March 28, 2012
AIG Exits Workers Compensation As Comp Medical Issues Grow
AIG has written, in what maybe, the first of many obituaries for the nation's patchwork of workers' compensation programs. The third largest excess workers' compensation insurance carrier, has announced that it is leaving the market because of instability in medical costs and the advent of national health care.
To read more click here: BestWeek: Health Care Reforms, Medicare Spending Squeezing Excess Workers’ Comp Line
To read more click here: BestWeek: Health Care Reforms, Medicare Spending Squeezing Excess Workers’ Comp Line
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Tuesday, March 27, 2012
Cell Phone Hearing Use Results in $1.2 Million in Compensation Benefits
The use of a Blackberry cellphone that reportedly caused tinnitus has resulted in the payment of $1.2 Million in workers' compensation benefits.
Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning signs of an auditory abnormality."
Tinnitus describes a condition of "ringing in the ears." Individuals often describe the sound as a hum, buzz, roar, ring, or whistle. The predominant cause of tinnitus is long-term exposure to high sound levels, though it can also be caused by short-term exposure to very high sound levels, such as gunshots. Non-acoustic events, such as a blow to the head, dietary issues, stress, jaw joint disorders, debris on the eardrum, or prolonged use of aspirin may also cause tinnitus.The inner ear or neural system produces the actual sound.
Exposure to excessive noise in the workplace has been recognized as a major health hazard, one that can impair not only a person's hearing, but also his physical and mental well-being. workplace first affects the ability to hear high-frequency or high-pitched sounds. Workers suffering from noise-induced hearing loss may also experience continual ringing in the ears, called "tinnitus". In addition, workers who are exposed to noise sometimes complain of nervousness, sleeplessness and fatigue.
Other cases have also been reported for workers' compensation benefits as a result of the use of a telephone. An injured worker was employed at New Jersey Manufacturers Insurance Company for approximately six years as a customer service representative who spoke with customers on the telephone. A pre-employment physical, which included a hearing test, demonstrates no hearing difficulties or other medical issues. During the course of her employment, renovations were conducted at the employer's office and she testified that she heard loud drilling and that her desk vibrated and she had difficulty hearing customers on the telephone. While medical evaluations reflected no statutory hearing loss pursuant to the form of the occupational Hearing Loss Act, the expert physician did recognize a 5% loss due to tinnitus. The trial judge concluded that the tinnitus disability was significant and distracted from the former efficiency of her ears and distracted from her ordinary pursuits of life. The reviewing Court held that tinnitus and supported by the appropriate proofs was a permanent partial disability and was compensable irrespective of whether the employee also suffers a hearing loss compensable under the OHLA. Schorpp-Replogle v. New Jersey Manufacturers Insurance Company, 395 N.J.Super. 277, 928 A.2d 885 (App. Div. 2007).
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
Related articles
- Federal Cell Phone Rules Compliance Guide Published (workers-compensation.blogspot.com)
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Monday, March 26, 2012
Congress to Hold Hearings on Toxic Cosmetics
The Subcommittee on Health has scheduled a hearing on Tuesday, March 27, 2012, at 10:15 a.m. in room 2322 of the Rayburn House Office Building. The title of the hearing is “Examining the Current State of Cosmetics.” The hearings follow disclosure that various hair products contain formaldehyde, a carcinogen, and that some lipstick contains lead, a neurotoxic substance.
Witness List:
Panel One:
Michael M. Landa, J.D.
Director
Center for Food Safety and Applied Nutrition (CFSAN)
U.S. Food and Drug Administration
Witness Testimony (Truth in Testimony)
Panel Two:
Michael M. Landa, J.D.
Director
Center for Food Safety and Applied Nutrition (CFSAN)
U.S. Food and Drug Administration
Witness Testimony (Truth in Testimony)
Panel Two:
Halyna Breslawec, Ph.D.
Chief Scientist and Executive Vice President for Science
The Personal Care Products Council
Witness Testimony (Truth in Testimony)
Peter Barton Hutt, J.D.
Senior Counsel
Covington and Burling, LLP
Witness Testimony (Truth in Testimony)
Ms. Curran Dandurand
Co-Founder and Chief Executive Officer
Jack Black Skincare
Witness Testimony (Truth in Testimony)
Ms. Debbie May
President and Chief Executive Officer
Wholesale Supplies Plus
Witness Testimony
Michael J. DiBartolomeis, Ph.D, CIH
Chief Occupational Lead
Poisoning Prevention Program & California
Safe Cosmetics Program
California Department of Public Health
Chief Scientist and Executive Vice President for Science
The Personal Care Products Council
Witness Testimony (Truth in Testimony)
Peter Barton Hutt, J.D.
Senior Counsel
Covington and Burling, LLP
Witness Testimony (Truth in Testimony)
Ms. Curran Dandurand
Co-Founder and Chief Executive Officer
Jack Black Skincare
Witness Testimony (Truth in Testimony)
Ms. Debbie May
President and Chief Executive Officer
Wholesale Supplies Plus
Witness Testimony
Michael J. DiBartolomeis, Ph.D, CIH
Chief Occupational Lead
Poisoning Prevention Program & California
Safe Cosmetics Program
California Department of Public Health
Related articles
- FDA admits mercury in cosmetic products is extremely toxic - so how is it safe in dental fillings, vaccines? (blogginghounds.wordpress.com)
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- NIOSH Alerts Home Healthcare Workers About Latex Allergies (workers-compensation.blogspot.com)
- California Attorney General Announces Settlement Requiring Honest Advertising over Brazilian Blowout Products (workers-compensation.blogspot.com)
Saturday, March 24, 2012
Federal Appeals Court Allows Case to Go Forward Against Zurich For Obstruction Of Workers Compensation Claim
The Federal 8th Circuit Court of Appeals has ruled that an employee may be permitted to go forward against an employer and its workers' compensation insurer, Zurich American Insurance Company for the intentional obstruction of a claim. The insurance company, despite conflicting statements, denied the compensability of a claim.
The Court stated:
"From the outset of Nunn’s workers’ compensation case, Zurich’s claims representative Tara Draves-Blandin and its attorneys Kristin B. Maland and Patrick T. Grove understood that if Gibson called the meeting for business purposes, Nunn’s claim was compensable."
***
"Viewing the facts most favorably to Nunn, there are genuine issues of material fact whether Noodles intentionally obstructed her receipt of workers’ compensation benefits through Gibson’s fabrications and its 17-month delay in payment."
Nunn v Noodles & Company; Zurich American Insurance Company, No. 11-1531 (8th Cir Ct 2012) Decided March 22, 2012 __F.3d__, 2012 WL 952759 (C.A.8 Minn.)
The Court stated:
"From the outset of Nunn’s workers’ compensation case, Zurich’s claims representative Tara Draves-Blandin and its attorneys Kristin B. Maland and Patrick T. Grove understood that if Gibson called the meeting for business purposes, Nunn’s claim was compensable."
***
"Viewing the facts most favorably to Nunn, there are genuine issues of material fact whether Noodles intentionally obstructed her receipt of workers’ compensation benefits through Gibson’s fabrications and its 17-month delay in payment."
Nunn v Noodles & Company; Zurich American Insurance Company, No. 11-1531 (8th Cir Ct 2012) Decided March 22, 2012 __F.3d__, 2012 WL 952759 (C.A.8 Minn.)
Related articles
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Wednesday, March 21, 2012
Employer Assessed $14,947 Counsel Fee For Wrongful Termination
A NJ administrative court awarded back pay to a wrongfully terminated employee and counsel fees to his lawyer as a result of being terminated by his employer for filing a workers' compensation claim.
"Based upon the applicable law, I CONCLUDE that the uncontested facts as set forth by petitioner establish a prima facie case of retaliation pursuant to N.J.S.A. 34:15-39.1 because they show that Hatley 1) made a claim for Workers' Compensation and 2) he was discharged in retaliation for making that claim. Morris v. Siemens, 928 F. Supp. 486, 493 (D.N.J. 1996), reargument denied, 938 F. Supp. 277 (1996). The employer did not come forward with any legitimate business reason for firing him so it may be inferred and I CONCLUDE, from the circumstances in this case that the two events were causally connected, Hatley's claim was the cause of his discharge.
****
"Accordingly, it is ORDERED that respondent Perfection Contracting, Inc. pay petitioner Hatley back wages in the amount of $26,356.72 because it wrongfully discharged petitioner from his position in violation of N.J.S.A. 34:15-39.1.
IT IS FURTHER ORDERED that respondent Perfection Contracting, Inc. shall also pay legal fees to the law firm of Lawrie, Cozier and Vivenzio in the amount of $14,947.50 incurred by the petitioner as a result of respondent's wrongful termination and statutory violations.
Hatley v Perfection Contracting, Inc., 2012 WL 918966 (N.J. Adm.) Decided March 5, 2012.
"Based upon the applicable law, I CONCLUDE that the uncontested facts as set forth by petitioner establish a prima facie case of retaliation pursuant to N.J.S.A. 34:15-39.1 because they show that Hatley 1) made a claim for Workers' Compensation and 2) he was discharged in retaliation for making that claim. Morris v. Siemens, 928 F. Supp. 486, 493 (D.N.J. 1996), reargument denied, 938 F. Supp. 277 (1996). The employer did not come forward with any legitimate business reason for firing him so it may be inferred and I CONCLUDE, from the circumstances in this case that the two events were causally connected, Hatley's claim was the cause of his discharge.
****
"Accordingly, it is ORDERED that respondent Perfection Contracting, Inc. pay petitioner Hatley back wages in the amount of $26,356.72 because it wrongfully discharged petitioner from his position in violation of N.J.S.A. 34:15-39.1.
IT IS FURTHER ORDERED that respondent Perfection Contracting, Inc. shall also pay legal fees to the law firm of Lawrie, Cozier and Vivenzio in the amount of $14,947.50 incurred by the petitioner as a result of respondent's wrongful termination and statutory violations.
Hatley v Perfection Contracting, Inc., 2012 WL 918966 (N.J. Adm.) Decided March 5, 2012.
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US Supreme Court Hears Arguments on The Entitlement of Children's Benefits
The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a biological parent is eligible for survivor benefits under Title II of the Social Security Act [42 USC § 401 et seq.].
Justica report on Circuit Court Split:
Justica report on Circuit Court Split:
"The US Court of Appeals for the Third Circuit ruled [opinion] that the Social Security Act must provide for claimants' children who were born after their death. Attorney for the Commissioner of Social Security appealed, arguing that the court must defer to state intestacy law, regardless of whether the Social Security Act's definition of child is ambiguous.
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