NJ Contractor Sentenced By Federal Court for Illegal Asbestos Removal

Asbestos continues to be a major health concern. The known cancer causing substance that was manufactured and installed decades ago in the US, and still not banned, continues as a significant health threat. The Federal Government continues to vigoriously enforce safety regulations for the removal of asbestos fiber.

A Bergen County, N.J., man was sentenced today to three years of probation, including six months of home confinement, for conspiring to violate the federal Clean Air Act by improperly removing asbestos from a building, U.S. Attorney Paul J. Fishman announced. 

Vele Bozinoski, 61, of Elmwood Park, N.J., previously pleaded guilty before U.S. District Judge Noel L. Hillman to an Indictment charging him with violating the Clean Air Act’s asbestos work practice standards and with conspiring with others to commit that offense. Judge Hillman imposed the sentence today in Camden federal court.

According to documents filed in the case and statements made in court:

In February 2007, Bozinoski hired workers to remove insulation at the former Garden State Paper Mill, a facility that contained more than 160 linear feet of asbestos-containing material. Bozinoski conspired with others to fail to thoroughly inspect the facility for the presence of asbestos or to notify the Environmental Protection Agency of the presence of asbestos, prior to commencing insulation removal, as was required by federal law. Bozinoski also conspired with others to fail to ensure that material containing asbestos was wet prior to stripping it off pipes and other facility components or to seal asbestos-containing material in leak-tight containers until it was collected for disposal.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Acting Special Agent in Charge David Velazquez; and special agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent in Charge William V. Lometti, with the investigation leading to today’s sentence.

The Government is represented by Assistant U.S. Attorney Kathleen P. O'Leary of the U.S. Attorney's Office Health Care and Government Fraud Unit in Newark.

....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.

Read more about illegal "asbestos removal violations

Workers' Compensation: Unlawful Asbestos Removal Results in ...

Jun 22, 2012

They allegedly engaged in asbestos removal without the required license from the New Jersey Department of Labor, and their illegal activities allegedly caused the release of asbestos dust and debris. Kouvaras, the owner of ...

http://workers-compensation.blogspot.com/

 

EPA Urged to Shut Down Dangerous Asbestos Removal Method

Jan 06, 2011

The U.S. Environmental Protection Agency's Inspector General has just signed an "Early Warning Report" that will shut down a dangerous and unapproved asbestos removal method that two EPA offices have been testing for ...

http://workers-compensation.blogspot.com/

 

US EPA Cites Vermont Companies for Asbestos Removal - Workers ...

Aug 14, 2009

US EPA Cites Vermont Companies for Asbestos Removal. A Vermont company was cited by the US EPA for failing to test for asbestos. The company had been demolishing a building and failed to first test for the presence of ...

http://workers-compensation.blogspot.com/

 

Workers' Compensation: Illinois Man Sentenced to 10 Years in ...

Aug 01, 2012

“Asbestos must be removed in a safe and legal way in order to protect people's health and reduce the risk of exposure,” said Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance.

http://workers-compensation.blogspot.com/

 

9/11 VCF Claims: Motley Rice Attorney to Speak About Claims Process

Vincent I. Parrett

Motley Rice attorney Vince Parrett has been invited to speak to a group of N.J. lawyers and judges at a New Jersey Institute for Continuing Legal Education seminar on Jan. 29, 2013, to discuss “New 9/11 Victim Compensation Fund Claims: What Attorneys Need to Know.”

Parrett, who represents 9/11 survivors and victims’ families, has been an advocate for the rights of cancer-stricken 9/11 survivors who were exposed to toxins at the 9/11 crash sites and a strong supporter of the efforts made to allow them to seek compensation under the “New” Victim Compensation Fund (VCF).

In addition to the thousands who lost their lives or were injured during the Sept. 11, 2001 attacks, many others were hurt by exposure to environmental toxins that the attacks or cleanup work caused. Signed into law by the President in 2011, The James Zadroga 9/11 Health and Compensation Act of 2010 broadened the scope of the original September 11^th VCF and expanded eligibility for compensation to first responders, cleanup workers, volunteers and others involved in the rescue and debris removal efforts.

This reactivated VCF began the process of providing economic relief to people who were physically injured or suffered toxic exposure. Among those who might be eligible for compensation are first responders, cleanup workers and residents in the Canal Street area who suffered injuries, illness or death resulting from work or toxic exposure at the World Trade Center, Pentagon or Shanksville, Penn., crash sites.

Most recently, on Sept. 10, 2012, federal authorities added 58 types of cancers to the list of covered illnesses. This action enables first responders and others who were at Ground Zero to receive medical care for certain cancers they developed post-9/11.

Learn more about the Victim Compensation Fund.

Click Here to Register Now: for the January 29, 2013 Seminar

Read More About "9/11 Claims" and Workers' Compensation Law.

9/11 Rescue Workers At Increased Risk for Cancer

Dec 19, 2012

The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does .

http://workers-compensation.blogspot.com/

Federal Government Urged to Protect Zadroga (9/11 Health Fund ...

Oct 19, 2012

Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and ...

http://workers-compensation.blogspot.com/

Workers' Compensation: NIOSH Announces That 9/11 Cancers Are ...

Sep 11, 2012

The National Institute for Occupational Health and Safety today announce publication of a Rule that will allow for medical treatment coverage for 9/11 cancers suffered by 1st responders and residents of lower Manhattan as a ...

http://workers-compensation.blogspot.com/

Workers' Compensation: 50 Cancers To Be Covered Under the 9-11 ...

Jun 08, 2012

The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.

http://workers-compensation.blogspot.com/

Medical Outcome Based Compensation - Essentially a Workers' Compensation Concept Already

Outcome Based Medicine Being Adopted by NYC

The idea of compensation medical providers for the end result, or benefits of medical care provided, is not a new concept as it is already embraced theoretically by the workers' compensation system. Employers, who usually control the delivery of medical benenfits, not only pay for medical benenfits, but also compensate the injured worker for the outcome through permanent disability awards.

In actuality the workets' compensation system rewards the employer for the most favorable outcomes by theoretically awarding lower permanent disabillity benenfits to those with the most favorable outcomes.
Adopting this concept to the nation's entire medical care system, is a wise step and one that is being advanced in the New York City Hospital system.

"In a bold experiment in performance pay, complaints from patients at New York City’s public hospitals and other measures of their care — like how long before they are discharged and how they fare afterward — will be reflected in doctors’ paychecks under a plan being negotiated by the physicians and their hospitals."

Click here to read New York Ties Doctors’ Pay to Quality of Care (NY Times)

Our Journey Forward on Occupational Medical Care - Workers ...

Nov 09, 2012

On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases. They validated, as did the Supreme Court, the ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Curing the Profit Motive in Health Care

Jan 10, 2013

Soaring medical costs have afflicted the workers' compensation industry with economic distress and have severely impacted the efficient and effective delivery of medical care to injured workers. Both increased costs/profits ...

http://workers-compensation.blogspot.com/

NY Worker's Compensation Board Proposes New Medical - Workers ...

Nov 16, 2012

Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the standard of care for the treatment of injured workers with carpal tunnel syndrome;; Modify current MTGs to include new maintenance ...

http://workers-compensation.blogspot.com/

Workers' Compensation 2013 – What Happens on the Other Side of ...

Jan 01, 2013

Medical costs continue to be shifted to other programs including employer based medical care systems and the Federal safety net of Medicare, Medicaid, Veterans Administration and Tricare. While a trend continues to ...

http://workers-compensation.blogspot.com/

Related articles

• Obesity Is Weighing Down The Workers' Compensation System (workers-compensation.blogspot.com)
• US Supreme Court Hears Oral Argument on Workplace Harassment Case (workers-compensation.blogspot.com)
• Hospital Controlled Physician Access and Workers' Compensation (workers-compensation.blogspot.com)
• A Single Payer System Will Solve the Fiscal Cliff (workers-compensation.blogspot.com)

Florida's Pace is Impressive

David Langham is the Deputy Chief Judge of Compensation Claims for the Florida

Florida's statistical report for case disposition of workers’ compensation claims is very impressive.

" In 2006, the Florida OJCC averaged 485 days between the filing of a petition and the beginning of trial. In 2012, the average was 166 days. In 2006, the Florida OJCC averaged 212 days between petition filing and the first mediation. In 2012, that average was just 88 days. Along the way, the OJCC leveraged technology, brought innovation to the attorneys and other interested parties, and deployed multiple processes that enhanced transparency and therefore efficiency." 

The data was reported by David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings.

To really be impressed, click here to read the Annual Report of the Office of Judges of Compensation 2012.Not only were the statistics demonstrating movement faster than a bullet train, but the transparency of information was stellar.

Related articles

• US Supreme Court Hears Oral Argument on Workplace Harassment Case
• Imagining A World With No Workers' Compensation Lawyers
• The New Reality |As goes the Labor market, so goes workers compensation
• Hospital Controlled Physician Access and Workers' Compensation

The Flu: A Compensable Event and Its Complications

Source: US CDC Reports widespread flu activity

For the first time in more than a decade, the seasonal flu is becoming a pandemic  that is causing major business disruptions, and illness and death in the workplace. Despite urgent calls from public health officials and declarations of states of emergency, the flu continues to aversely effect businesses and employees throughout the country.

The laxity amongst employers and employees in getting flu vaccinations, a lack of paid sick days, a shortage of medicine to treat the flu and consequences occurring because of poorly designed vaccination programs, may stretch the nations workers' compensation system to new limits.

Take time to get a flu vaccine.

• CDC recommends a yearly flu vaccine as the first and most important step in protecting against flu viruses.
• While there are many different flu viruses, a flu vaccine protects against the three viruses that research suggests will be most common. (See upcoming season’s Vaccine Virus Selection for this season’s vaccine composition.)
• Everyone 6 months of age and older should get a flu vaccine as soon as thecurrent season's vaccines are available.
• Vaccination of high risk persons is especially important to decrease their risk of severe flu illness.
• People at high risk of serious flu complications include young children,pregnant women, people with chronic health conditions like asthma, diabetes or heart and lung disease and people 65 years and older.
• Vaccination also is important for health care workers, and other people who live with or care for high risk people to keep from spreading flu to high risk people.
• Children younger than 6 months are at high risk of serious flu illness, but are too young to be vaccinated. People who care for them should be vaccinated instead.

Take everyday preventive actions to stop the spread of germs.

• Try to avoid close contact with sick people.
• If you are sick with flu-like illness, CDC recommends that you stay home for at least 24 hours after your fever is gone except to get medical care or for other necessities. (Your fever should be gone without the use of a fever-reducing medicine.)
• While sick, limit contact with others as much as possible to keep from infecting them.
• Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
• Wash your hands often with soap and water. If soap and water are not available, use an alcohol-based hand rub.
• Avoid touching your eyes, nose and mouth. Germs spread this way.
• Clean and disinfect surfaces and objects that may be contaminated with germs like the flu.
• See Everyday Preventive Actions  [257 KB, 2 pages] andNonpharmaceutical Interventions (NPIs) for more information about actions – apart from getting vaccinated and taking medicine – that people and communities can take to help slow the spread of illnesses like influenza (flu).

Take flu antiviral drugs if your doctor prescribes them.

• If you get the flu, antiviral drugs can treat your illness.
• Antiviral drugs are different from antibiotics. They are prescription medicines (pills, liquid or an inhaled powder) and are not available over-the-counter.
• Antiviral drugs can make illness milder and shorten the time you are sick. They may also prevent serious flu complications. For people with high risk factors  [702 KB, 2 pages], treatment with an antiviral drug can mean the difference between having a milder illness versus a very serious illness that could result in a hospital stay.
• Studies show that flu antiviral drugs work best for treatment when they are started within 2 days of getting sick, but starting them later can still be helpful, especially if the sick person has a high-risk health or is very sick from the flu. Follow your doctor’s instructions for taking this drug.
• Flu-like symptoms include fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills and fatigue. Some people also may have vomiting and diarrhea. People may be infected with the flu, and have respiratory symptoms without a fever.

Read more sbout the "flu" and workers' compensation:

Laboratory Workers and Contacts Warned of Accidental Flu Pandemic

Oct 23, 2012

Laboratory Workers and Contacts Warned of Accidental Flu Pandemic. Safety in the laboratory workplace is of critical concern as many research laboratory employees suffer from exotic diseases that become workers' ...

http://workers-compensation.blogspot.com/

 

Workers' Compensation: Compensating Adverse Flu Vaccine ...

Oct 24, 2009

As the US flu vaccination program rolls out, the numbers are also growing for those who have reported adverse consequences from the H1N1 vaccine. The victims and their families are also lining up for benefits available in ...

http://workers-compensation.blogspot.com/

 

Workers' Compensation: OSHA Sets H1N1 Flu Employer ...

Nov 27, 2009

The OSGA directive closely follows the prevention guidance issue by The Centers for Disease Control (CDC) to prevent the spread of H1N1 flu. The purpose of the compliance directive is "to ensure uniform procedures when ...

http://workers-compensation.blogspot.com/

 

The Urgent Need for Workers Compensation Flu Pandemic Planning

Sep 15, 2009

The 2009 influenza pandemic (flu) has created a new framework of acts and regulations to respond the World Health Organization's (WHO) phase 6 pandemic alert. Governmentally imposed employment disruptions resulting ...

http://workers-compensation.blogspot.com/

NIOSH Announces the Top 10 Science Blog Posts in 2012

The list shows the vast array of topics covered by NIOSH.  Of note this year, the third and eleventh most viewed blogs were written by external partners.

1. Help Wanted: Spray Polyurethane Foam Insulation Research.  We urged you to help us collect on-site air samples during SPF installation.  The response was fantastic!  Thank you!
2. Worker Exposure to Crystalline Silica During Hydraulic Fracturing   highlighted a newly-identified hazard in the fracking industry, provided prevention information and asked for assistance with future efforts. 
3. Hair Formaldehyde and Industrial Hygiene, from the Center for Research on Occupational and Environmental Toxicology (CROET) at Oregon Health and Science University, summarized the campaign to inform stylists of the risks related to formaldehyde-containing hair straighteners and the need for proper protection. 
4. Sleep and Work. In honor of National Sleep Awareness Week we summarized sleep and work issues in this blog and highlighted NIOSH research in the companion blog NIOSH Research on Work Schedules and Work-related Sleep Loss(#6). 
5. Stress and Health in Law Enforcement highlighted research from the Buffalo Cardio-Metabolic Occupational Police Stress (BCOPS) study and from related studies of morbidity and mortality among police officers. 
6. See #4 above
7. Brain Injury in the NFL discussed new research finding that National Football League (NFL) players may be at a higher risk of death associated with Alzheimer’s and other impairments of the brain and nervous system than the general U.S. population.
8. Safer and Healthier at any Age:  Strategies for an Aging Workforce  presented strategies for preparing your workplace to accommodate an older workforce. 
9. All-terrain Vehicles and Work highlighted the risks associated with ATVs and identified safe practices for use in the workplace.
10. Respiratory Protection for Workers Handling Engineered Nanoparticles.  While this blog was technically posted in December of 2011 we included it anyway.  This blog provided an update on the science and rationale behind NIOSH’s recommendations for the use and selection of respirators against engineered nanoparticles.
11. Sleep Pain and Hospital Workers, from colleagues at Harvard, examined the question: Does lack of sleep increase pain and limit function among hospital care workers?
12. Safety and Health in the Theater:  Keeping Tragedy Out of the Comedies… and Musicals…and Dramas discussed the often overlooked hazards in the theater.

Related articles

• NFL Players' Association has Melissa C. Brown on Their Team (workers-compensation.blogspot.com)
• Warehouse Workers Are At Risk By Company Safety Violations (workers-compensation.blogspot.com)
• Statement from the Maquiladora Health and Safety Support Network On the Bangladesh Factory Fires and What's Needed to Prevent Them (workers-compensation.blogspot.com)
• Repeated Fall Injuries Results in OSHA Fines of $58,000 to NJ Employer (workers-compensation.blogspot.com)

Downton Abbey and Workers' Compensation

Highclere Castle (Photo credit: Wikipedia)

The PBS series, Downton Abbey, has many parallels to the nation's workers' compensation system and reflects how outdated the present benefit system is to meet current needs of injured workers.

The critically acclaimed fictional British TV series, that begins a 3rd broadcast season this month in the US. The first season was set in 1912, with the sinking the RMS Titanic and the outbreak of World War I. 

 The drama concerns itself with non-working aristocratic elite who had amassed multitudes of wealth and were land barrons. The post-Edwardian era Crawley family had a large entourage of servants, who worked 

"downstairs," at low pay and no benefits, providing services to the heirs of Downton Abbey, a lavish estate in England.

It mirrors the era of the enactment of the original European, and thereafter adopted US, workers'  compensation programs. The system provided an administrative remedy to provide a summary, remedial system of benefits to workers in lieu of a trial by jury in the civil justice system.

While workers' compensation is not explicitly mentioned in the TV series, the viewer can gain an understanding of the perspective of the oppressed employees who devoted their lives to the land owning family and considered it an honor and privilege to stay in their employ. Dedication to the employer resulted in lifelong career positions with little complaint of working conditions and lack of benefits.

The British aristocracy system portrayed in the Downton Abbey soon fell into economic ruin, as did the entire British workers' compensation system, yielding to a better medical delivery system and socialized benefits. 

On the other side of "the pond," in the US, the program has just persisted with more money going to the richest individuals, reflected in with major compensation packages. On the other hand, working Americans have lost jobs, benefits, and income as the nation's economy continues to decline. The US needs to adjust the benefit system to approach what the European Economic Union has achieved.

The second Obama Administration is beng recomposed with a Cabinet to achieve a better funded and structured benefit system. Hopefully a better benefit system will be formulated for injured workers and their families.

Related articles

• The New Reality |As goes the Labor market, so goes workers compensation (workers-compensation.blogspot.com)
• Workers' Compensation May Indeed Fall Off the Fiscal Cliff (workers-compensation.blogspot.com)
• Hospital Controlled Physician Access and Workers' Compensation (workers-compensation.blogspot.com)
• The Devil is in the Details California Style (workers-compensation.blogspot.com)