Happy July Fourth

In CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen United States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

NJ Senate Passes Workers' Compensation Collective Bargaining Legislation

The NJ Senate passed an historic legislative proposal that will change the way benefits are delivered in work related injuries in NJ. S2447 provides for a collective bargaining arrangement that allows for delivery of benefits without the necessity of formal intervention before the NJ Division of Workers' Compensation, that will however remain an option in the process. 

As amended, this bill permits, but does not require, groups of employers establishing or participating in Taft-Hartley trust funds to purchase workers’ compensation insurance as a group or to apply to the Commissioner of Banking and Insurance for approval to enter into agreements to pool their workers' compensation liabilities for the purpose of qualifying as members of a group plan for self-insurance. A "Taft-Hartley trust fund" is a labor-management, jointly administered fund established by collective bargaining to provide employee benefits such as medical benefits or pensions.

The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act

The US Supreme Court again affirmed the validity of The Affordable Care Act. The Obamacare program, as it has been nicknamed, will continue to lead to a medical delivery program than eventually will have major repercussions on the antiquated and ineffective medical care system of the existing patch work of state workers' compensation insurance acts.

NJ Supreme Court to Review Ethics of Defense Firm Facebook Investigation

The NJ Supreme will review the ethical propriety of the actions of a defense law firm whose attorney instructed a paralegal to "friend" the adverse party on Facebook for discovery purposes without disclosing the paralegal's relationship with the defense firm.

US EPA Report Calls For Better Regulation of Demolition of Asbestos Containing Buldings

The Inspector General of the US Environmental Protection Agency released a report calling for safer demotion of buildings containing asbestos fiber. Asbestos is a known cancer producing substance causing asbestosis, lung cancer and mesothelioma.

Workers' Exposure to Low Dose Radiation Linked to Leukemia and Lymphoma

Workers exposed to low doses of radiation have been reported to experience an increased risk to Leukemia and Lymphoma.

A study published in The Lancet reports strong evidence of positive associations between protracted low-dose radiation exposure and leukemia.

Evidence before this study:
Ionising radiation causes leukaemia. The primary quantitative basis for radiation protection standards comes from studies of populations exposed to acute, high doses of ionising radiation. Although previous studies of nuclear workers addressed leukaemia radiogenicity, questions remain about the size of the risk from protracted radiation exposure in occupational settings.


Added value of this study:
We report a positive dose–response relationship between cumulative, external, protracted, low-dose exposure to ionising radiation, and subsequent death caused by leukeamia (excluding chronic lymphocytic leukaemia). The risk coefficient per unit dose was consistent with those derived from analyses of other populations exposed to higher radiation doses and dose rates.

Implications of all the available evidence:
The present study provides strong evidence of a positive association between radiation exposure and leukaemia even for low-dose exposure. This finding shows the importance of adherence to the basic principles of radiation protection—to optimise protection to reduce exposures as much as reasonably achievable and—in the case of patient exposure—to justify that the exposure does more good than harm.

Diacetyl Emerges Again As A Serious Threat to Worker Health

Emerging again in the workplace are serious and health threatening exposures to Diacetyl. The Journal Sentinel has reported:

"Most coffee roasters have never heard of the chemical compound diacetyl. Those who have, associate it solely with its devastating effects on microwave popcorn workers and those in the flavoring industry. They don't suspect that it could be wreaking the same havoc on their own lungs.

"We don't make flavored coffee, many in the roasting business say. It's not a problem for us.

"But air sampling by the Milwaukee Journal Sentinel shows reason to worry.

"Tests at two midsized Wisconsin roasteries that agreed to let the news organization analyze the air in their production areas found diacetyl levels from unflavored roasted coffee that exceeded safety standards proposed by the U.S. Centers for Disease Control and Prevention.

"In some areas, by nearly four times the concentration.

"Workers exposed to similar levels at popcorn plants suffered serious, incurable lung disease.
Click here to read the entire article "Coffee roasters' health at risk from chemical compound, air samples suggest--But most workers don't realize their lungs may be in danger from exposure to diacetyl"

Read more about Diacetyl and workers' compensation:
NIOSH to Propose New Criteria for Diacetyl Exposure
Aug 18, 2011
The National Institute for Occupational Safety and Health (NIOSH) invites public comment on a draft document, "Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione.” For public ...

Workers' Compensation: Flavoring 2,3-pentanedione ...
Aug 20, 2012
2,3-pentanedione should be added to that list. "Flavorings-related lung disease is a potentially disabling disease of food industry workers associated with exposure to the α-diketone butter flavoring, diacetyl (2,3-butanedione).

Workers' Compensation: Legislation to Protect Food ...
Sep 27, 2007
The legislation would force the U.S. Occupational Safety and Health Administration to issue rules limiting workers' exposure to diacetyl, a chemical used in artificial food flavoring for microwave popcorn and other foods.

Flavoring Workers At Higher Risk for Alzheimers
Aug 04, 2012
It found evidence that the ingredient, diacetyl (DA), intensifies the damaging effects of an abnormal brain protein linked to Alzheimer's disease. The study appears in ACS' journal Chemical Research in Toxicology.

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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 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.