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

Thursday, February 14, 2013

Just Published - 2013 Update to Gelman on Workers' Compensation Law

Jon Gelman’s newly revised and updated treatise on Workers’ Compensation Law has just been published by West Group of Egan, MN. The treatise is the most complete work available on NJ Workers’ Compensation law.

The work offers an in-depth and insightful analysis that provides a quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.

Gelman on Workers’Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.

It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™.

Click here now to order your copy.

Jon L. Gelman is nationally recognized as an author, lecturer and skilled trial attorney in the field of workers’ compensation law and occupational/environmental disease litigation. Over a career spanning more than three decades he has been involved in complex litigation involving thousands of clients challenging the mega-industries of: asbestos, tobacco and lead paint. Gelman is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). He is the former Vice-President of The Workers Injury Law & Advocacy Group (WILG) and a charter member of The College of Workers' Compensation Lawyers. Jon is a founder of the Nancy R. Gelman Foundation Inc., which seeks to fund innovative research to cure breast cancer. He is also an avid photographer. jon@gelmans.com -www.gelmans.com


Tuesday, February 12, 2013

Abraham Lincoln

FOUR SCORE AND SEVEN YEARS AGO OUR FATHERS BROUGHT FORTH ON THIS CONTINENT A NEW NATION CONCEIVED IN LIBERTY AND DEDICATED TO THE PROPOSITION THAT ALL MEN ARE CREATED EQUAL •

Abraham Lincoln
b. February 12, 1809
NOW WE ARE ENGAGED IN A GREAT CIVIL WAR TESTING WHETHER THAT NATION OR ANY NATION SO CONCEIVED AND SO DEDICATED CAN LONG ENDURE • WE ARE MET ON A GREAT BATTLEFIELD OF THAT WAR • WE HAVE COME TO DEDICATE A PORTION OF THAT FIELD AS A FINAL RESTING PLACE FOR THOSE WHO HERE GAVE THEIR LIVES THAT THAT NATION MIGHT LIVE • IT IS ALTOGETHER FITTING AND PROPER THAT WE SHOULD DO THIS • BUT IN A LARGER SENSE WE CAN NOT DEDICATE~WE CAN NOT CONSECRATE~WE CAN NOT HALLOW~THIS GROUND • THE BRAVE MEN LIVING AND DEAD WHO STRUGGLED HERE HAVE CONSECRATED IT FAR ABOVE OUR POOR POWER TO ADD OR DETRACT • THE WORLD WILL LITTLE NOTE NOR LONG REMEMBER WHAT WE SAY HERE BUT IT CAN NEVER FORGET WHAT THEY DID HERE • IT IS FOR US THE LIVING RATHER TO BE DEDICATED HERE TO THE UNFINISHED WORK WHICH THEY WHO FOUGHT HERE HAVE THUS FAR SO NOBLY ADVANCED • IT IS RATHER FOR US TO BE HERE DEDICATED TO THE GREAT TASK REMAINING BEFORE US~THAT FROM THESE HONORED DEAD WE TAKE INCREASED DEVOTION TO THAT CAUSE FOR WHICH THEY GAVE THE LAST FULL MEASURE OF DEVOTION~THAT WE HERE HIGHLY RESOLVE THAT THESE DEAD SHALL NOT HAVE DIED IN VAIN~THAT THIS NATION UNDER GOD SHALL HAVE A NEW BIRTH OF FREEDOM~AND THAT GOVERNMENT OF THE PEOPLE BY THE PEOPLE FOR THE PEOPLE SHALL NOT PERISH FROM THE EARTH •

Gettysburg Address (November 19, 1863)
by Abraham Lincoln
Note: There are 5 known versions of the Getty's Address.
This is the version of the text inscribed on the walls at the Lincoln Memorial in Washington D.C.

Get Sodium Out Of Workers' Diets

Today NYC Mayor Mike Bloomberg announced that 21 companies are voluntarily reducing sodium in packaged or restaurant foods. 


The indirect beneficiaries are both employers and employees who are served or purchase prepackage foods in employer cafeterias and restaurants  Sodium has been causally connected to risk of increased illness and disease. 

Monday, February 11, 2013

Jobs, Growth & Universal Healthcare


Robert Reich, in a 3 minute video, states the reasons why jobs, growth and universal healthcare are needed to expand the US economy. 

This is reflective of the issues plaguing the nation's workers' compensation system, especially soaring medical delivery costs (administrative, clinical and pharmaceutical).  

Read more about "universal healthcare" and workers' compensation:

Feb 01, 2013
Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way. My friend, and cycling inspiration, who keeps me trying to ...
Nov 09, 2012
Going forward it is imperative that a universal medical program be established to provide medical treatment for all work-related occupational injuries and exposures. The delay and denial of medical benefits to those who suffer ...
Jul 05, 2012
Those efforts demonstrate a commitment to bring the nation ever closer to a universal care medical program incorporating the entire patchwork of workers' compensation medical delivery systems. The US Supreme Court has ...
Mar 05, 2011
Vermont Universal Health Care to Embrace Workers Compensation. A two-stage bill in Vermont is geared to establishing a single-payer medical health care system that would include medical for workers' compensation ...

Last Day to Sign: Protect American workers from exposure to silica on the job.


For about 100 years workers have been dying from exposure to silica on the job. Silica can cause both lung disease (silicosis) and cancer. The government have been talking about regulating exposures ever since the 1940s and sponsored a campaign to prevent silicosis in the 1990s. OSHA has drafted a proposal to reduce silica exposures in the workplace but it has been sitting at the White House OMB for almost 2 years! It is about time to move forward and promulgate a silica standard to protect American workers. Please sign this petition if you want to see action.
Click here to sign the The Whitehouse Petition

Read more about "silica" and workers' compensation

11 hours ago
A foundry worker, who was exposed to silica for over 35 years, was held by a NJ Workers' Compensation Judge, to have contracted a fatal lung cancer as a result of his employment. His spouse was awarded dependency ...
Feb 05, 2013
The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures. You can join the 2700 other people who have ...
Jun 22, 2012
Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in ...
Jan 03, 2010
"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a ...

Sunday, February 10, 2013

Silica Linked to a Fatal and Compensable Lung Cancer

A foundry worker, who was exposed to silica for over 35 years, was held by a NJ Workers' Compensation Judge, to have contracted a fatal lung cancer as a result of his employment. His spouse was awarded dependency benefits.

Compensation Judge, Philip A. Tornetta, in a recently published decision (Johnson v. Campbell CP NO. 2007-11564), found that a worker's adenacarcinoma was related to his exposure at on the job. The Judge based his decision upon a review of the death certificate, Material Data Safety Sheets, hospital records, oral testimony from the surviving spouse, and expert medical testimony.

Following the landmark NJ Supreme Court decision in Fiore v. Consolidated Freightways, 140 NJ 452 (1995) [an occupational heart claim], and Lindquist v. City of Jersey City Fire Department, 175 NJ 244 (2003) [mandating evidential review of scientific evidence], the Court reasoned "the preponderance of the credible evidence" proven the exposure to caused a compensable and fatal medical condition.

The Obama Administration is reviewing proposed rules to reduce exposure to silica in the workplace. It is anticipated that they will be adopted shortly. Judge Tornetta's decision reflects the urgency of the need to promulgate silica regulations immediately. 

Read more about "silica" and workers' compensation:

Feb 05, 2013
The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures. You can join the 2700 other people who have ...
Jun 22, 2012
Because large quantities of silica sand are used during hydraulic fracturing, NIOSH began a cooperative effort in January 2010 to collect data regarding silica exposure at hydraulic fracturing operations. NIOSH worked in ...
Jan 03, 2010
"Crystalline silica is a significant component of the earth's crust, and many workers in a wide range of industries are exposed to it, usually in the form of respirable quartz or, less frequently, cristobalite. Chronic silicosis is a ...
Jan 21, 2010
Insofar as silica dust impairs cellular defense, silica-exposed workers (without silicosis) may be at increased risk for fungal infections, as they are for mycobacterial infections." Concurrent Silicosis and Pulmonary Mycosis at ...

Friday, February 8, 2013

What To Do Before A Major Snow Storm Strikes

As weather forecasters begin to label the impending Northeast Snowstorm as "The Snowstorm of the Century" employers and employees at taking preparations to avoid adverse exposures and serious injurieis during a time of cold and stress.The US Centers for Disease Control has announced a preparatory list of things to be done in advance of the storm.

Stock up on emergency supplies for communication, food, safety, heating, and car in case a storm hits.

Communication Checklist

  • Make sure you have at least one of the following in case there is a power failure:
  • Find out how your community warns the public about severe weather:
    • Siren
    • Radio
    • Television
  • Listen to emergency broadcasts.
  • Know what winter storm warning terms mean:
    • Winter Weather Advisory: Expect winter weather conditions to cause inconvenience and hazards.
    • Frost/Freeze Warning: Expect below-freezing temperatures.
    • Winter Storm Watch: Be alert; a storm is likely.
    • Winter Storm Warning: Take action; the storm is in or entering the area.
    • Blizzard Warning: Seek refuge immediately! Snow and strong winds, near-zero visibility, deep snow drifts, and life-threatening wind chill.