Early in my workers' compensation career, during the 1980's, I was asked by a local attorney to participate in the prosecution of 3 brain cancer workers' compensation claims. The cases arose out of an alleged exposure to toxic substances while working at the Ciba-Geigy's chemical plant in Toms River, NJ.
Being a notoriously zealous attorney, I undertook the claims. They were being defended personally by named partner in a mega-NJ liability firm. After several hearing dates, and my motion being granted for an on-site inspection of the premises with Judge being present, the claims were ended to the satisfaction of my clients.
The story of Ciba-Geigy and the plight of the employees and the community is now the subject of an insightful book, Toms River, A story of Science and Salvation authored by Dan Fagin.
Click here to hear the NPR Story - For Toms River, An Imperfect Salvation
Copyright
(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Monday, March 25, 2013
Saturday, March 23, 2013
The Going and Coming Rule: Parking Lot Injury Held Not Compensable
A NJ appellate court ruled that an employee who was severely injured in a parking lot as a result of a slip and fall was not entitled to workers’ compensation benefits since the injury occurred “off the premises” and the employer did not control the employee’s parking.
The Court also ruled, that even though a separate corporation that owned the parking lot, the corporate veil could not be pierced in absence of the proof of fraud by the employer. The employer merely rented the store premises and not the parking lot.
Cottone v Medical Supply Corp. and NJ Manufacturers (Intervener)
2013 WL 1136114 (N.J.Super.A.D.) Decided March 20, 2013
Friday, March 22, 2013
California: Million Dollar Verdict Reinstated in Asbestos Case
Court rules granting a Motion Not Withstanding the Verdict was premature in mesothelioma / asbestos exposure case.
"The trial court erred, both procedurally and substantively, by granting judgment notwithstanding the jury’s verdict. The judgment must be reversed, automatically reinstating the original judgment entered on the jury’s verdict.
"Because the judgment must be reinstated in the Webbs’ favor, we do not consider their appeal from the jury’s verdict denying their consumer-expectation products-liability claim, which they made expressly contingent on this court’s failure to “otherwise reverse and order judgment” on the failure-to-warn or general negligence claims.
Webb v Special Electric Company Inc.
www.courts.ca.gov/opinions/documents/B233189.DOC
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"The trial court erred, both procedurally and substantively, by granting judgment notwithstanding the jury’s verdict. The judgment must be reversed, automatically reinstating the original judgment entered on the jury’s verdict.
"Because the judgment must be reinstated in the Webbs’ favor, we do not consider their appeal from the jury’s verdict denying their consumer-expectation products-liability claim, which they made expressly contingent on this court’s failure to “otherwise reverse and order judgment” on the failure-to-warn or general negligence claims.
Webb v Special Electric Company Inc.
www.courts.ca.gov/opinions/documents/B233189.DOC
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- Failure to Remove Asbestos Property Results in Guilty Plea (workers-compensation.blogspot.com)
- Asbestos Disease Remains a Problem Despite Lower Consumption in the US (workers-compensation.blogspot.com)
- Proposed Asbestos Legislation Called "A Subterfuge" to Alter the Civil Justice System (workers-compensation.blogspot.com)
- How to Protect Public Employees and Communities From Asbestos Exposure (workers-compensation.blogspot.com)
- All Forms of Asbestos Cause Cancer (workers-compensation.blogspot.com)
Wednesday, March 20, 2013
Laundry in Paterson NJ Fined $165,000 by OSHA for Safety and Health Violations
Commercial laundries are the cause of many workers' compensation claims from toxic exposures and machine accidents. Enforce of safety and health laws goes a long way to prevent accidents at commercial laundry facilities.
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Brite Services Inc., doing business as Star Laundry, for 39 serious safety and health violations found at its commercial laundry facility in Paterson. Inspectors were prompted by a complaint alleging the company would not allow workers to leave the building during an emergency. Proposed penalties total $164,700.
OSHA found electrical hazards and an obstructed and improperly marked exit route. Additional violations include: allowing employees to potentially be struck by traffic while transporting laundry bins from one building to another while crossing a public street; failing to provide a cover and guardrails for open pits; provide a handrail for the stairway; evaluate the workplace for permit-required confined spaces; post signs informing workers of confined spaces; and develop a written confined space permit program. Other violations include failing to establish an energy control program for performing maintenance/servicing work; train power industrial truck operators; take powered industrial trucks in need of repair out-of-service; insulate or cover steam pipes less than 7 feet from the floor; properly guard machines; implement a hearing conservation program for workers exposed to noise levels at 88 and 89 decibels; ensure safety goggle usage; provide an unblocked eyewash station; develop a written hazard communication program; and provide hazard communication training.
"The vast number and range of safety and health hazards observed by OSHA at this facility indicates the lack of a functioning safety and health management system," said Lisa Levy, director of OSHA's area office in Hasbrouck Heights. "Each employer is responsible for ensuring a safe and healthful work environment, which Brite Services did not do. This company has the opportunity now to educate itself, correct these hazards and protect its workers."
The citations can be viewed at http://www.osha.gov/ooc/citations/briteservices_641138and658718_0314_13.pdf*.
Brite Services Inc. has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director in Hasbrouck Heights, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
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- OSHA Cites NJ Recycling Company for Safety Violations Following Worker Amputation (workers-compensation.blogspot.com)
- Stucco Contractor in NJ Receives OSHA Fines $70,000+ for Scaffolding Violations (workers-compensation.blogspot.com)
- OSHA fines Englewood, NJ, surgical center $68,000 for failing to protect workers exposed to bloodborne pathogen hazards (workers-compensation.blogspot.com)
- Why Do Roofers Fall From Roofs? Is it just because of gravity? (workers-compensation.blogspot.com)
- Unsafe to Travel - "America is one big pothole" (workers-compensation.blogspot.com)
- Silica Linked to a Fatal and Compensable Lung Cancer (workers-compensation.blogspot.com)
Tuesday, March 19, 2013
The Hazards of Alcohol-Based Hand Sanitizers
Alcohol-based hand sanitizers now proliferate the workplace. Concern has been raised over medical issues created by their use, especially for pregnant women who are health care workers. Additionally the fragrances used may be toxic.
Virginia Evans and Peter Orris from the University of Illinois authored a Letter to the Editor on this topic in the Journal of Occupational and Environmental Medicine ( Vol 54(1):3, Jan 2012).
“…exposure to alcohol-based hand sanitizers would, at most, lead to very low blood alcohol levels… if an additional risk reduction is desired by pregnant health care workers, work practices should be modified to allow the use of soap and water as a substitute for the alcohol-based hand sanitizer.”
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- Hand Sanitizers: Do They Help Stop All Germs? (boston.cbslocal.com)
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OSHA Cites NJ Recycling Company for Safety Violations Following Worker Amputation
The U.S. Department of Labor's Occupational Safety and Health Administration has cited Lieze Associates, doing business as Eagle Recycling of New Jersey, with one repeat and three serious safety violations after a worker's fingers were amputated in December 2012 at the company's North Bergen recycling transfer station. OSHA's investigation was initiated in response to a referral by the North Bergen Police Department and has resulted in proposed fines of $70,070.
"This incident should have been prevented by simply locking out the machine's power source," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Eagle Recycling of New Jersey's continued disregard for complying with OSHA safety standards will not be tolerated."
OSHA inspectors found that procedures were not used to lock out the energy source of a conveyor belt system while the worker was clearing a cardboard jam, which resulted in the amputation. OSHA cited the company with a serious violation for failing to implement a lockout/tagout program to control potentially hazardous energy. Another violation includes failing to ensure a ladder placed with the two top rails was supported and placed with secure footing. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The repeat violation was cited for exposing workers to 8-foot fall hazards while working on unguarded platforms. A repeat violation is issued when an employer previously has been cited for the same or similar violation of a standard, regulation, rule or order at any other facility in federal enforcements states within the last five years. A similar violation was cited in 2009 and 2010.
The company has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director in Parsippany, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.
Related articles
- Why Do Roofers Fall From Roofs? Is it just because of gravity? (workers-compensation.blogspot.com)
- OSHA fines Englewood, NJ, surgical center $68,000 for failing to protect workers exposed to bloodborne pathogen hazards (workers-compensation.blogspot.com)
- Norfolk Southern Railway Co. ordered by US Labor Department's OSHA to pay $1.1 million after terminating 3 workers for reporting injuries (workers-compensation.blogspot.com)
- Silica Linked to a Fatal and Compensable Lung Cancer (workers-compensation.blogspot.com)
Friday, March 15, 2013
Workers' Compensation is Riding on the Road to Wellville with Obama Care
As Obama Care [The Affordable Care Act] launches, workers' compensation programs will start to undergo subtle changes The innovation of wellness programs and new treatment protocols will eventually cause major shifts to the delivery of workplace medicine.
Workers' compensation's future, ironically, has actually been viewed primarily in a rearview mirror. The shift to break with old habits has been a major struggle. The inertia will give way to a creative future based on new technologies and socio-economic challenges.
In a recent article by The Honorable David B. Torrey, Judge of Workers' Compensation ["The Affordable Care Act and Effects on the Workers' Compensation System, (7 PAWCSNL 114 at 30, March 2013)], the significance of Obama Care is reported. Judge Torrey recognizes that even those with major pecuniary interests in the compensation business have been unable to halt the momentum of change.
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