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

Wednesday, December 21, 2016

Zika: The Next Compensable Infectious Disease - Benefit Challenges Begin




Workers' Compensation insures for the consequences of infectious diseases arising out of and in the course of employment. Is the system ready for a potential onslaught of Zika claims?

The line in the sand has been drawn in the State of Florida, where an infected Miami Beach police officer has been denied benefits. The union has actively supporting the municipal employee in an effort to rule the claim compensable.

The NJ Supreme Court in establishing compensability in an occupational disease cited Justice Learned Hand, “Few adults are not diseased … an infection mastered, though latent, is no longer a disease, industrially speaking, until the individual's resistance is again so far lowered that he succumbs.” Bober v. Independent Plating Corp., 28 N.J. 160, 145 A.2d 463 (1958).

Lung-sparing surgery for patients with advanced mesothelioma results in prolonged survival, new study shows

Patients with advanced malignant pleural mesothelioma (MPM) treated with a combination of surgery to remove the cancer but save their lung, plus photodynamic therapy and chemotherapy, had a median survival of nearly three years, with a subset of patients living longer than seven years, according to new research published in the Annals of Thoracic Surgery.

OSHA Issues Final Record Keeping Rule

The Occupational Safety and Health Administration on Monday will issue a final rule that clarifies an employer's continuing obligation to make and maintain an accurate record of each recordable injury and illness. The final rule becomes effective Jan. 18, 2017.

Saturday, December 17, 2016

OSHA Cites Paterson NJ Laundry for Violations - $91K In Fines

OSHA cites New Jersey commercial laundry for workplace safety hazards
Paterson's Star Laundry fined $91K for 12 federal violations
Employer name:
Star Laundry Inc.
421 and 436 East 16th St.
Paterson, New Jersey
Citations issued: On Dec. 7, 2016, the U.S. Department of Labor's Occupational Safety and Health Administration issued citations against Brite Services Inc., doing business as Star Laundry Inc., for seven repeat, two serious and three other-than-serious violations.

NJ Governor Nominates Judges of Compensation and Promotes Bill to Increase Salaries

NJ Governor Chris Christie filed the following nominations with the State Senate. The Governor’s nominations are subject to the advice and consent of the State Senate. The Governor also filed the following direct appointments with the Secretary of State's Office.

Friday, December 16, 2016

FATAL OCCUPATIONAL INJURIES INCREASED in 2015

A total of 4,836 fatal work injuries were recorded in the United States in 2015, a slight increase from the 4,821 fatal injuries reported in 2014, the U.S. Bureau of Labor Statistics reported today.

This release marks the first time that the Census of Fatal Occupational Injuries (CFOI) has published a single, annual release with no revisions and will be the only release for 2015 CFOI data. A similar schedule will be followed in future years. 

Preliminary releases, which appeared in August or September in past years, will no longer be produced. 

Key findings of the 2015 Census of Fatal Occupational Injuries: 
- Annual total of 4,836 fatal workplace injuries in 2015 was the highest since 5,214 fatal injuries in 2008. 
- The overall rate of fatal work injury for workers in 2015, at 3.38 per 100,000 full-time equivalent (FTE) workers, was lower than the 2014 rate of 3.43. 
- Hispanic or Latino workers incurred 903 fatal injuries in 2015—the most since 937 fatalities in 2007. 
- Workers age 65 years and older incurred 650 fatal injuries, the second-largest number for the group since the national census began in 1992, but decreased from the 2014 figure of 684. 
- Roadway incident fatalities were up 9 percent from 2014 totals, accounting for over one-quarter of the fatal occupational injuries in 2015. 
- Workplace suicides decreased 18 percent in 2015; homicides were up 2 percent from 2014 totals. - Heavy and tractor-trailer truck drivers recorded 745 fatal injuries, the most of any occupation. 
- The 937 fatal work injuries in the private construction industry in 2015 represented the highest total since 975 cases in 2008. 
- Fatal injuries in the private oil and gas extraction industries were 38 percent lower in 2015 than 2014. 
- Seventeen percent of decedents were contracted by and performing work for another business or government entity in 2015 rather than for their direct employer at the time of the incident.

Breast cancer all-clear for night work was based on ‘bad science’

The following article is authored by Rory O'Neill Editor, Hazards magazine hazards.org

An Oxford University study that concluded the classification of night work as a cause of breast cancer in women is no longer justified was based on ‘bad science’, top researchers have warned.

The large scale ‘meta-analysis’, published online on 6 October 2016 in the Journal of the National Cancer Institute (JNCI), concluded “night shift work, including long-term night shift work, has little or no effect on breast cancer incidence.” It added the International Agency for Research on Cancer’s (IARC) ranking of night work as a ‘probable’ cause of breast cancer in women “is no longer justified.”

But three of the most respected epidemiologists on night work and breast cancer have now said they “fully disagree” with this conclusion, noting a succession of methodological flaws in the research “invalidate” its conclusions.

Harvard Medical School epidemiologist Eva Schernhammer told Hazards magazine that given the Oxford study’s “bad science”, it was “not surprising” it found no effect. In a detailed criticism of the paper, published online on 15 December, she said the JNCI paper’s many shortcomings “preclude it from making the conclusion that there is no association between night work and breast cancer risk.”

Johnni Hansen, a researcher with the Danish Cancer Society, was equally unimpressed. “They base their conclusion on a poor study, but even worse is that their conclusion may hinder preventive initiatives for night workers,” he said.

Richard Stevens, of the University of Connecticut medical school, who has written influential papers on the topic with both Schernhammer and Hansen, was blunt. “Why was the paper written in the first place?” he asked.

The main cohorts in the Oxford study, which was financed by the Medical Research Council, the Health and Safety Executive (HSE) and Cancer Research UK (CRUK), were “worryingly old”, with many over retirement age, and the follow up was “unusually short”, Hansen said.

The risk of women developing breast cancer appears to wane in the years after night working ends, so studying retired workers without recent exposures misses the point and the cancers, said Schernhammer. She said the higher risk is seen in women with long exposures – at least 15 years – early in their careers. Hansen added the authors behind the JNCI study should have recognised the possibility of ‘truncation bias’ in their analysis.

Night work was sometimes defined so loosely in the study participants, a single night shift might have seen a worker added to the ‘exposed’ group despite facing minimal exposure and risk. The JNCI paper also discounted case-control studies and those exploring the mechanism behind a possible association.

According to Stevens, the JNCI meta-analysis “excluded case-control studies, of which there are many, for no good reason.”

He added that studies considering the biological mechanisms give a valuable insight into why and where you might look for an association. Understanding the process, something integral to his own research, was important, he indicated.

Stevens, Schernhammer and Hansen, together with Scott Davis, a professor of epidemiology in the University of Washington’s School of Public Health, are the stand-out epidemiologists on night work and breast cancer.

Not one of them was asked to review the paper. “We are the four epidemiologists who have been working for by far the longest on the epidemiology of night work and breast cancer,” said Stevens, who is dismayed the Oxford study, led by molecular epidemiologist Ruth Travis, found its way in to a high visibility journal like JNCI. “Any of the four of us would have quickly noticed the severe flaws of the Travis paper and pointed them out to the editors of JNCI.”

He said it was “absurd” that the night work association with breast cancer was being dismissed on the back of a “troubling” paper by “a distinguished group of experienced researchers who should have known better.”

The JNCI study’s lead author, Ruth Travis, declined an invitation from Hazards to address the detailed criticisms of the study.

Related:
Feb 24, 2016 ... Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related .
workers-compensation.blogspot.com
Mar 18, 2011 ... Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related ...
workers-compensation.blogspot.com
Jan 12, 2011 ... The injured worker was employed for the City of Las Vegas in 1992 and was diagnosed with breast cancer in 1997. She underwent treatment ...
workers-compensation.blogspot.com
May 29, 2010 ... "Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational ...
workers-compensation.blogspot.com