Wednesday, November 23, 2011

Dr. Yasunosuke Suzuki, A Pioneer of Mesothelioma Medical Research

I am saddened to report the passing of Dr. Yasunosuke Suzuki. Dr. Suzuki partnered with the late Irving J. Selikoff MD at the Environmental Sciences Laboratory (ESL) of The Mt. Sinai School of Medicine and conducted some of the most famous and pioneering scientific research linking asbestos exposure with mesothelioma. Dr. Suzuki passed away on August 8, 2011, at 82.

I met Dr. Suzuki in the early years of my career when I litigated some of the initial claims involving asbestos exposures at The Union Asbestos and Rubber Company's (UNARCO) plant in Paterson, NJ. Dr. Selikoff, and my late father, a lawyer, both of Paterson, were involved in the "original 17" asbestos worker claims in 1954 before the New Jersey Division of Workers' Compensation.

Following the successful disposition of those claims, Dr. Selikoff expanded his research at the ESL in New York City. Dr. Suzuki became the lead pathologist of that pioneering medical-investigative team. Dr. Suzuki played a critical role in the Paterson Asbestos Control Group that followed up, through autopsy, the cohort of 933 former workers of the UNARCO facility and their families. His analysis of the pathology of the asbestos-related tumors produced, along with Dr. Selikoff and his knowledgeable team, some of the sentinel epidemiological studies linking asbestos-related exposure of workers and their families and bystanders to asbestos exposures.

The following obituary was published by the Collegium Ramazzini

Death of Professor Yasunosuke Suzuki August 8, 2011

It is with great sadness that the Collegium Ramazzini informs its Fellows of the death of one of its most illustrious and beloved colleagues, Professor Yasunosuke Suzuki. Professor Suzuki was an influential member of the Collegium and was honored with the Ramazzini Award in 1993 for his contribution to the scientific knowledge on the pathology of mesotheliomas among asbestos-exposed workers. Upon his retirement from the Mount Sinai School of Medicine in 2006, the Collegium Ramazzini again honored Professor Suzuki with the Irving J. Selikoff Award to recognize his many years of work as a pathologist who meticulously studied the diseases caused by asbestos and who also ventured forth courageously from his laboratory, as a true follower of Ramazzini and Selikoff, to press the urgent need in nations around the world for the banning of all production and use of all forms of asbestos. In fact, Dr Suzuki played a critical role in the decision by the Government of Japan to ban all use of asbestos in Japan.

Collegium Ramazzini President Philip Landrigan remembers the occasion of the Selikoff award noting "(It) was a bittersweet occasion. Dr. Suzuki served as a member of the faculty of the Department of Community and Preventive Medicine at Mount Sinai for 40 years. While there are many of us still at Mount Sinai who worked with Dr. Selikoff as junior faculty, students and trainees, Dr. Suzuki is the last member of the "Selikoff generation" the group of age peers who worked most closely with Dr. Selikoff for so many years in Dr. Selikoff's pioneering studies of other asbestos and other occupational hazards."

Professor Suzuki received his M.D. degree from the Keio University School of Medicine in Tokyo in 1953. He completed one year internship in Tokyo at the Setagaya National Hospital, and was licensed in 1954 by the Japanese Government.

In 1954 he joined the Department of Pathology in the Keio University School of Medicine starting as an "Assistant of Pathology". Dr. Suzuki's early work on the kidney he proved the presence of the mesangium, the third structural element of renal glomerulus. Working with new technology - the electron microscope, he was able to further define the structure of the mesangium.

In 1959, he was awarded the Doctorate of Medical Sciences in the field of Pathology. In 1960 he was sent abroad as an International Post Doctoral Research Fellow at the U.S. National Institutes of Health (NIH) training at New York University School of Medicine under Professor Johannes Rhodin. In 1961 he trained at the Mount Sinai Hospital Renal Pathology Division under Dr. Churg. He returned to Keio University 1962 as a faculty member. In 1966, Dr. Suzuki was invited to re-join Mount Sinai as a Research Associate. In addition to renal pathology with Dr. Churg, he started to investigate pathology of asbestos related diseases with Dr. Dr. Irving J. Selikoff.

The research on asbestos-related diseases included seminal work on pulmonary asbestosis, the development and formation of asbestos bodies and electron microscopy of human malignant mesothelioma. In 1973, Dr. Suzuki again returned to Japan to serve as Chairman and Professor of Anatomy at Fujita-Gakuen University School of Medicine.

He returned to Mount Sinai in 1975 as Research Professor of Community Medicine and Research Associate Professor of Pathology. For the next 31 years, from 1975 to 2006, he devoted his time solely to the investigating the pathology of asbestos-related diseases. One of his most significant contributions was providing support to Selikoff's ground-breaking epidemiological study on asbestos insulation workers. Slide by slide, he reviewed the pathologic autopsy and biopsy samples taken from approximately 5,000 cases of insulation workers and confirmed the diagnosis of asbestos-related diseases.

He was promoted to Professor of Pathology in 1989 and in 1991 to Professor of Community and Preventive Medicine.

Dr. Suzuki published 171 peer review scientific papers. Dr. Suzuki estimated that over the course of his career in research, he had examined and written up approximately 538,000 individual slides.

Suzuki received several honors in addition to those conferred by the Collegium Ramazzini. Other awards include the honorary title of Guest Professor at Tokai University School of Medicine (1993-1996) and Honorary Visiting Professor of Pathology at Keio University School of Medicine (1999-2000).

Tuesday, November 22, 2011

Lack of Medical Evaluators Delays Social Security Claims Processing

Guest blog by Rodger D. Moore
of the Nebraska Bar

Recently, the Waal Street Journal reported that the Social Security Administration (SSA), frustrated by the backlog of applications for disability benefits, started pressuring the 140 doctors the agency uses to help evaluate some of the claims. In an effort to encourage the quick processing of claims doctors were paid a flat rate of $80/case in stead of the previous $90/hour to review the cases. Many times these cases have hundreds of pages of records to be reviewed and can turn on a few sentences.

Also, doctors were assigned to evaluate conditions that were not in their areas of expertise. One of the more interesting quotes came from Neil Novin, former chief of surgery at Baltimore's Harbor Hospital, who worked for Social Security part time for about 10 years. He said "People who shouldn't be getting [disability] are getting it, and people who should be getting it aren't getting it".

In my experience this has always been the case, but now, with agency doctors being pressured to evaluate these cases quicker, we’ll likely see less competent and thorough evaluations. This in turn will lead to longer delays, more cases waiting for a hearing and more money spent to evaluate more cases by administrative personnel within the SSA.

Although I’ve never thought the agency doctors do a good job evaluating these cases, the situation will get worse now that 1/3 of the 140 doctors have either quit or been fired over this shift in philosophy. In this setting it’s every more important to seek the help of a treating physician in offering a supportive report.

See the complete article:

Doctor Revolt Shakes Disability Program (wsj.com)

NIOSH Warns: Erionite: An Emerging North American Hazard

Erionite is a naturally occurring mineral that belongs to a group of silicate minerals called zeolites. It is usually found in volcanic ash that has been altered by weathering and ground water. Like naturally occurring asbestos, deposits are present in many Western states. Erionite can occur in a fibrous form. Disturbance of this material can generate airborne fibers with physical properties and health effects similar to asbestos. For example, it has long been known that residents of some Turkish villages where erionite-containing rock was used to construct homes have a remarkably high risk for development of malignant mesothelioma. Erionite has been used in road work.

Click here for Map of Erionite Occurrences

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.

Gingrich Calls for More Child Labor, Calls Laws "Stupid"

Newt Gingrich's poll numbers are soaring for the US Presidential nomination. He has announced that he will offer radical proposals including the elimination of child labor laws. For decades child labor laws and penalties have been integrated into state workers' compensation acts acting as a safety deterrent to accidents.

10 Worst Toys for 2011

A consumer group in Boston, W.A.T.C.H., has published its "10 Worst Toys for 2011" list. The toys nominated represent toys with the potential to cause childhood injuries, or even death. W.A.T.C.H.'s annual "Toy Conference" has generated extensive national press and media coverage. Because of these efforts, and the positive response from both the media and the public, there have been many toy and product design changes.

1. TWIST ‘n SORT

Price: $13.35
Manufacturer or Distributor: Guidecraft, Inc.
Purchased: WonderBrains.com
Age Recommendation: “Ages 3+”
Warnings: “WARNING: CHOKING HAZARD – Small parts. Not for children under 3 yrs.”
HAZARD: POTENTIAL FOR CHOKING INJURIES!
This play set consisting of a “brightly colored geometric block and solid wood base” is sold to provide “years of developmental fun” with “problem solving challenges” and “fine motor practice.” On October 20, 2011, certain lots of these toys were recalled because “[t]he small pegs on three of the four posts can detach, posing a choking hazard to young children”. After issuance of the recall, a newly purchased Twist ‘n Sort toy exhibited the same “choking hazard” identified in the government’s recall notice.

2. POWER RANGERS SAMURAI MEGA BLADE

Price: $26.99
Manufacturer or Distributor: Bandai
Purchased: Toys R Us (also available Kmart.com and Walmart.com)
Age Recommendation: “4+” and “Ages 4 and up”
Warnings: Package insert: “CAUTION: PLEASE READ BEFORE PLAYING WITH TOY.
Do not: (1) aim toy at anyone, (2) hit anyone with toy, (3) poke anyone with toy, (4) swing toy at anyone….”; and other cautions and warnings.
HAZARD: POTENTIAL FOR IMPACT INJURIES!
Young children are encouraged to pull a release and flip-open this rigid plastic Power Rangers Samurai “sword”, which “extends 2 feet!” according to the packaging. The blade has the potential to cause serious facial or other impact injuries.

3. FOLD & GO TRAMPOLINE

Price: $99.99
Manufacturer or Distributor: The Original Toy Company
Purchased: Stellabella Toys (also available Sears.com)
Age Recommendation: “ages 3+ YEARS”
Warnings: “WARNING: CHOKING HAZARD – Small parts. Not for children under 3 years”, and other safety information including: “Misuse and abuse of this trampoline is dangerous and can cause injuries.”
HAZARD: POTENTIAL FOR HEAD, NECK AND OTHER BODILY INJURIES!
This trampoline is sold in the toy aisle for children as young as 3-years-old. Remarkably, the package insert instructs, in part, as follows:
“Never attempt any other functions or gymnastic functions or rough play on the trampoline, this trampoline is designed for young children ONLY. The only function on this trampoline should be a controlled bounce (exercise), for young children. No other functions should occur other then [sic] controlled bounce.” The many hazards associated with trampoline use should make it apparent to manufacturers and retailers that such equipment should not be sold as a playtime activity for young children.

4. PULLING ANIMAL DUCK
Price: $29.99
Manufacturer or Distributor: Haba
Purchased: Creatoyvity
Age Recommendation: “Age 1+”
Warnings: “WARNING: Do not make a knot or grip in the string.” (stick-on label on box only).
HAZARD: POTENTIAL FOR STRANGULATION INJURIES!
This wooden duck, which “[w]addles amusingly when pulled”, is sold as a pull toy for 1-year-old babies. The duck’s cord is approximately 33” long, presenting a serious potential strangulation hazard. The industry’s standard limits strings on crib and playpen toys to 12” in length.

5. SCHOOL BUS

Price: $4.00
Manufacturer or Distributor: Schylling
Purchased: Toy Shop of Concord (also available online retailers)
Age Recommendation: “Not for children under 3 years.” (stick-on label only).
Warnings: “WARNING: CHOKING HAZARD – Small parts. Not for children under 3 years.” (stick-on label only).
HAZARD: POTENTIAL FOR CHOKING INJURIES!
These miniature yellow school buses are sold with a “choking hazard” warning on a removable, stick-on label. The firm rubber tires, mounted on plastic wheels, can be removed, presenting the potential for a serious choking injury for oral age children.

6. Z-CURVE BOW

Price: $25.05
Manufacturer or Distributor: Zing Toys, Inc.
Purchased: Amazon.com
Age Recommendation: “DESIGNED FOR KIDS 8+”
Warnings: “WARNING: Do not aim at eyes or face. Do not aim or shoot at people or animals”; “WARNING: Arrows should not be pulled back at more than half strength… Anyone within close distance to intended target should be alerted prior to firing….”; and other warnings on packaging.
HAZARD: POTENTIAL FOR EYE INJURIES!
This “high-performance” bow and arrow set is sold with three “long-range” foam arrows, which are marketed as being able to fly “over 125 FEET!” Remarkably, among the many “warnings” for children is an instruction that arrows not be pulled back “more than half strength”, and that people nearby “should be alerted” prior to firing.

7. STEPPER “LOW RISE” STILTS

Price: $10.99
Manufacturer or Distributor: JJI Toys
Purchased: Ben Franklin
Age Recommendation: “Ages 5 and up”
Warnings: None.
HAZARD: POTENTIAL FOR HEAD AND OTHER IMPACT INJURIES!
These colorful plastic platforms with attached, adjustable “hand ropes” are sold as “perfect ‘low rise’ stilts.” The manufacturer provides no warnings or cautions. The instruction on the throw-away tag invites children, as young as five years old, to “[j]ust step on the platform, pull the ropes up tight, and begin to walk around” while balancing on top of the cups.

8. SWORD FIGHTING JACK SPARROW
Price: $15.98
Manufacturer or Distributor: Jakks Pacific
Purchased: Toys R Us
Age Recommendation: “4+”
Warnings: “WARNING: CHOKING HAZARD – Small parts. Not for children under 3 years” (on box).
HAZARD: POTENTIAL FOR EYE AND OTHER IMPACT INJURIES!
The Jack Sparrow action figure, from the popular Pirates of the Caribbean movie franchise, is sold for children as young as four years old. The pirate’s right hand is armed with a 4 ½”-long rigid, plastic sword, which activates in an upward motion at the push of a lever. No warnings are provided regarding the potential for eye or other impact injuries.

9. THE INCREDIBLE SHRINKY DINKS MAKER
Price: $29.99
Manufacturer or Distributor: Big Time Toys, LLC
Purchased: Kmart
Age Recommendation: “Ages 8+”
Warnings: “CAUTION: ELECTRIC TOY” and many more warnings on package, package insert and product.
HAZARD: POTENTIAL FOR ELECTRIC SHOCK AND BURN INJURIES!
This oven uses standard 120-volt house current and shrinks a “shrinky dink” in a “heating chamber” with a 60-watt light bulb. A parent or caregiver needs no further indication that this oven could be dangerous than the litany of warnings and cautions on the toy itself and the packaging, including:

“CAUTION-ELECTRIC TOY: As with all electric products, precautions shall be observed…to prevent electric shock.”
“WARNING: SHOCK HAZARD. Pull plug before changing light bulb.”
“DANGER – To prevent electric shock, do not immerse in water….”
“CAUTION – SUPERVISION REQUIRED - ELECTRIC TOY- UNPLUG WHEN NOT IN USE.”

A product with so many inherent hazards does not lend itself to use in a home environment with children.

10. “GIGAN” GODZILLA FIGURE
Price: $22.99
Manufacturer or Distributor: Bandai
Purchased: Toys R US
Age Recommendation: “4+”
Warnings: “WARNING: CHOKING HAZARD – Small parts. Not for children under 3 years.”
HAZARD: POTENTIAL FOR IMPACT AND PUNCTURE WOUND INJURIES!
This “12[-inch] Classic Godzilla Figure”, referenced on the packaging as the character “Gigan”, features rigid, pointed fins and wings, as well as sharp, dagger-like attachments on its arms. Such unforgiving, plastic protrusions present the potential for penetrating and impact injuries.

Related articles

CMS Sets Telephone Conference Call to Discuss Workers' Compensation Medicare Set-aside Portal

The Centers for Medicare & Medicaid Services (CMS) has completed its Pilot Testing of the Workers' Compensation Medicare Set-aside Portal (WCMSAP). The CMS will be conducting a Town Hall conference call on November 29, 2011 from 1:00 to 3:00 pm (EST), to introduce this initiative to submitters of proposed Workers' Compensation Medicare Set-Aside Arrangement (WCMSAs) amounts, and to answer questions regarding the WCMSAP. After the Town Hall conference call, CMS will post the links of the WCMSAP application, and the WCMSAP Computer Base Training (CBT) Modules, on the Workers' Compensation Medicare Set-aside Portal (WCMSAP) section page "Related Links Outside CMS."

Please Note: The call in information for the WCMSAP Town Hall teleconference is:
Call in time: 1pm to 3pm
Call In Line: 1-(800) 603-1774
*Conference ID: 29840615

*Participants must use the Conference ID number to be allowed into the call.

The Doctrine of Equitable Allocation Not Applicable in a Medicare Secondary Payment Reimbursement Claim

The 6th Circuit Court of Appeals has ruled that The Center for Medicare and Medicaid Services (CMS) is entitle to complete reimbursement of Medicare payments under the Medicare Secondary Payer Act (MSP) from a liability claim even though the beneficiary claimed that the settlement required allocation due to the law allocating liability.

"We address only one of them here: specifically, under § 1395y(b)(2)(B)(ii) as amended, if a beneficiary makes a “claim against [a] primary plan[,]” and later receives a “payment” from the plan in return for a “release” as to that claim, then the plan is deemed “responsib [le]” for payment of the “items or services included in” the claim. Id. Consequently, the scope of the plan's “responsibility” for the beneficiary's medical expenses—and thus of his own obligation to reimburse Medicare-is ultimately defined by the scope of his own claim against the third party. That is true even if the beneficiary later “compromise[s]” as to the amount owed on the claim, and even if the third party never admits liability. And thus a beneficiary cannot tell a third party that it is responsible for all of his medical expenses, on the one hand, and later tell Medicare that the same party was responsible for only 10% of them, on the other."

Hadden v. U.S., --- F.3d ----, 2011 WL 5828931, C.A.6 (Ky.), 2011. Decided November 21, 2011.

Monday, November 21, 2011

Who Is An Independent Contractor: Deciding In a Multi-District Litigation Consolidation

The 7th Circuit Court of Appeals ruled that the Transferee Court designated by the Judicial Pannel on Mutli-District Litigation (JPMDL) has the discretion to make a decision on "independent contractor" status. The Circuit Court of Appeals denied a mandamus action and affirmed the decision of the JPMDL.

"This petition for the extraordinary writ of mandamus presents an important question concerning the management of appeals in multidistrict litigation under 28 U.S.C. § 1407 when portions of some cases must be returned to their original transferor courts. In this case, the Judicial Panel on Multidistrict Litigation (JPML) chose one of two alternative courses. The JPML chose to ensure that each case produces one appeal of all issues in that case, rather than using partial final judgments under Federal Rule of Civil Procedure 54(b) to ensure that all related appeals would go to the same circuit. As we explain below, we agree with the JPML that there are strong arguments for both sides of this procedural dispute, and we defer to the JPML's exercise of its discretion in this matter. In terms of the standards for issuing writs of mandamus, we find that the petitioner has failed to show that it has a clear and indisputable right to issuance of the writ, so its petition is denied."

"Delivery drivers for petitioner FedEx Ground Package System, Inc. filed numerous class actions against FedEx alleging that the company improperly classified them as independent contractors rather than employees. Although the cases in federal courts alleged violations of many different state laws, they presented many common questions of fact. Under the authority of 28 U.S.C. § 1407, the JPML consolidated more than 70 of the cases in MDL No. 1700 and transferred those cases to the Northern District of Indiana in 2005 for consolidated pretrial proceedings under the supervision of Judge Robert L. Miller, Jr., a veteran district judge with long experience both as a transferee judge managing MDL cases and as a member of the JPML itself. Judge Miller supervised the cases through several years of discovery and motions practice.

FEDEX GROUND PACKAGE SYSTEM, INC., v. UNITED STATES JUDICIAL PANEL

ON MULTIDISTRICT LITIGATION,

No. 11-243 Decided November 17, 2011 (&th Cir CT Appeals),

EU Restricts US Airport Scanners As Health Hazard

The European Commission has adopted today a proposal for an European Union legal framework on security scanners. This legislation allows airports and Member States that wish to use security scanners for the screening of passengers to do so under strict operational and technical conditions.

Member States have been trialling or testing security scanners, since a terrorist attempted on 25 December 2009 to blow up a plane flying from Amsterdam to Detroit with plastic explosives he had hidden in his underwear. Until now the use of security scanners has been done under a patchwork of different national operational procedures and standards and in a limited way. As a common EU-wide framework, the new legislation legally allows Member States and airports to replace current security systems with security scanners. It also ensures the uniform application of security rules at all airports and provides strict and mandatory safeguards to ensure compliance with fundamental rights and the protection of health.

Member States and airports do not have an obligation to deploy security scanners, but if they decide to use them, they will have to comply with the operational conditions and performance standards set at European level.

Vice-President Siim Kallas, Commissioner responsible for transport, said: "Security scanners are not a panacea but they do offer a real possibility to reinforce passenger security. Security scanners are a valuable alternative to existing screening methods and are very efficient in detecting both metallic and non-metallic objects. It is still for each Member State or airport to decide whether or not to deploy security scanners, but these new rules ensure that where this new technology is used it will be covered by EU wide standards on detection capability as well as strict safeguards to protect health and fundamental rights. Experience to date shows that passengers and staff generally see security scanners as a convenient method of screening."

Security scanners are an effective method of screening passengers as they are capable of detecting both metallic and non-metallic items carried on a person. The scanner technology is developing rapidly and has the potential to significantly reduce the need for manual searches ("pat-downs") applied to passengers, crews and airport staff.

Under the new EU legislation the use of security scanners is only allowed in accordance with minimum conditions such as for example that: security scanners shall not store, retain, copy, print or retrieve images; any unauthorized access and use of the image is prohibited and shall be prevented; the human reviewer analyzing the image shall be in a separate location and the image shall not be linked to the screened person and others. Passengers must be informed about conditions under which the security scanner control takes place. In addition, passengers are given the right to opt out from a control with scanners and be subject to an alternative method of screening.

By laying down specific operational conditions and by providing passengers with the possibility of opting out, the legislation safeguards fundamental rights and the principles recognized in particular by the Charter of Fundamental Rights of the European Union.

In order not to risk jeopardizing citizens' health and safety, only security scanners which do not use X-ray technology are added to the list of authorized methods for passenger screening at EU airports. All other technologies, such as that used for mobiles phones and others, can be used provided that they comply with EU security standards.

WHO Concludes Occupation Exposure to Bitumens Can Cause Cancer

The World Health Organization (WHO)/International Agency for Research on Cancer’s Monographs programme re-evaluated various occupations that entail exposures to bitumens and bitumen emissions, including road paving, roofing, and application of mastic asphalt.

After an 8-day comprehensive review, the Working Group concluded that:

• occupational exposures to oxidized bitumens and their emissions during roofing are ‘probably carcinogenic to humans’ (Group 2A);

• occupational exposures to hard bitumens and their emissions during mastic asphalt work are ‘possibly carcinogenic to humans’ (Group 2B); and

• occupational exposures to straight-run bitumens and their emissions during road paving are ‘possibly carcinogenic to humans’ (Group 2B).

Bitumens are produced by distillation of crude oil during petroleum refining, and also occur naturally. Bitumens can be divided into broad classes according to their physical properties and specifications required for the different uses. The major use of bitumens is in asphalt for road paving; other uses include roofing, waterproofing, and sealing and painting. Application of bitumens may generate hazardous emissions.

Sunday, November 20, 2011

Bullying Shouldn't Be Taught in Schools

Schools systems are an essential source of education for our nation's future workforce. They become a farce when bullying is taught. The following is an editorial from the Star Ledger newspaper:

Wayne Hills puts bullies ahead of victims by reinstating football players

Wayne Hills coach Chris Olsen speaks during the Wayne Board of Education last night. About 60 Wayne Hills players were in attendance to support their coach and teammates.
The Record

Wayne Hills varsity football coach Chris Olsen, proving that winning games is more important to him than teaching life lessons, defended nine players charged in the brutal beating of two Wayne Valley students.
Actually, Olsen went further than that. He painted the accused rampaging juvenile delinquents as victims.
At last night’s board of education meeting, Olsen told the crowd that the accused players -- who cops say left one kid bloody and unconscious in the street -- “are guilty of playing football at Wayne Hills.”
In other words, the bullies are the victims.
That’s rich.
Let’s remind ourselves of the odds: Nine football players against two students.
And the charges: Aggravated assault.
Another point: Not once last night were the words “We’re sorry” uttered by Olsen.
And believe it or not, the spineless and morally bankrupt board of education fell for Olsen’s twisted sense of reality, and decided to reinstate the players, who had been banned by the superintendent from tonight’s playoff game against Paramus.
Olsen said the past 10 days, since the charges have come to light, have been a “nightmare.”
(Let’s pause here for a moment of silence for Olsen.)
He said his wife has been called bad names. He said e-mails have suggested that Olsen’s kid, who plays on he team, might have been involved in the beating, although Olsen says he wasn’t.
We don’t condone dragging Olsen’s wife and son into this mess, but Olsen misses the point: Times are a lot tougher for the victims. A mother of one of the victims says her son suffers from real nightmares, not the figurative one that Olsen, with a ridiculous sense of literary license, conjured last night
Why the nightmares? Because the victim recalls being kicked repeatedly as he lay on the ground.
Olsen’s next move should be to ask for a pay raise, because he is more than just a football coach. He’s now an investigator who is insisting there is evidence to indicate that some of the players charged might not have been involved
He’s a protest organizer, who paraded his players, dressed in their jerseys, into the meeting as props.
He’s a defense attorney, too. In his best Johnnie Cochran, Olsen called the process a “rush to justice.”
“Let’s say some of the boys, or all of them are found not guilty,” Olsen said. “What do we say to them? ‘We’re sorry’?”
Actually, yes. That’s exactly what we say.
We say, “We’re sorry, but there was enough evidence for police to charge you with a serious and violent crime, and to protect the integrity of the school, and to show that this issue is far more important than a football game or football season, we decided to make you sit out until the courts decided your guilt or innocence.”
The police chief says his investigators are meeting resistance because witnesses are afraid to talk. School officials should implore witnesses to come forth.
Olsen says the ordeal has made him question whether to continue coaching. With the lesson he is teaching his players here, we question it, too. He should bench the players.
Because if he doesn’t, any championship banner Wayne Hills might hang will be stained with blood.
Related: Wayne schools finally ban 9 football players charged in assault from sports

http://www.huffingtonpost.com/2011/03/10/white-house-conference-bullying-prevention_n_833805.html

Friday, November 18, 2011

Claim Permitted Against Employer For Concealment of Chemical Dangers

A Federal Court permitted a claim a claim by the estate of a former worker to advance against an his employer despite the exclusivity bar of the workers compensation act. The employer had not warned the employee of the potential deadly side effects of pesticides.

In satisfying the two prong (conduct and context) NJ test for an intentional tort against an employer, the employee's estate set forth that the employer had intentionally and fraudulently concealed information of the hazardous nature of the chemicals and substances that the employee worked with as an exterminator.

The employee, who applied pesticides for 11 years, was not furnished with adequate safety equipment and was not provided with warning materials available to the employer.

The court held that employer's conduct was substantially certain to cause injury or death. The estate ﬁled a certiﬁcation substantiating the events surrounding the exposure and death; material Safety Data Sheets; and expert reports. Where the conduct of the employer is actively misleading and illness and death were substantially certain to occur the employ can be held liable.

Where the conduct of the employer in not protecting the employee is more than a fact of industrial life and is "plainly beyond anything the Legislature intended the Workers' Compensation Act to immune," the compensation act is not an exclusive remedy against the employer.

The Court held that the employer "understood the hazardous nature of the chemicals but failed to provide the decedent with the equipment necessary to ensure his safety. ".... the employer turned a "blind eye to the risks inherent chemical in the use of the chemicals" and went as far as hiding those risks so that the employee was not aware of their existence. "Concealment is hardly an expected fact of life in industrial
employment."

Click Here For Complete Decision: Blackshear v. Syngenta Crop Protection, Inc., Civ. Action No. 10-3585 (KSH) (USDCT - NJ 2011)

The Complex World of Workers' Compensation and Pharmaceutical Benefits

The Workers’ Compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured workers in an efficient and effective manner. Over the decades, the benefit program has evolved into a complex and costly system that is difficult to navigate and provides uncertain outcomes. Pharmaceutical benefits have become a serious concern and have added complexity and costs to the program.

Prescription drugs have become an increasingly important issue in workers’ compensation law. Their use in workers’ compensation claims has resulted in both a major direct financial cost to the system, and has had substantial impact on the efficiency of the administrative process. The use of prescription drugs in workers’ compensation will require further discussion in order to maintain the system as the efficient, remedial social legislative system the crafters envisioned over a century ago.

Gelman, Jon L., The Complex World of Workers' Compensation and Pharmaceutical Benefits, New Jersey Law Journal, Vol. 206, p. 5, October 2011.

Complete Article Available at SSRN: http://ssrn.com/abstract=1960708

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