All the national political candidates are now framing the health care issue as a cure-all to the ailing American system. One must take a look back in time. History is known to repeat itself and turning the page back a decade in time reveals that the Clinton I plan considered a merger between the ailing workers' compensation system and a national health care proposal.
Insurance carriers are now rapidly moving into coalitions to unify under 24 hour care proposals.
The initially proposed Clinton II proposal lacks sufficient detail to determine whether the proposal is yet again included. One would think that the real answer to complexities brought about through reimbursement demand of CMS (Centers for Medicare and Medicaid Services) and long avoided reimbursement issues, would be the merger of both workers' compensation systems (all multiple and unmanageable entities) into a single payer system thus avoid the duplications of costs and litigation expenses. Congress already rejected proposals offered by some interested parties to circumvent the system last legislative term.
Integrated health care would put workers' compensation back on the track of maintaining its philosophical integrity of maintaining the concept 'of "periodic payments" for disability and thus avoiding the "buy outs" of medical services in "lump sum" packages thereby circumventing the periodic payment/wage replacement nature of workers' compensation payments. Injured workers would be able to continue to receive medical monitoring and evaluation through diagnostic care and observation.
The lump sum "buy outs," encouraged by insurance carriers, merely defeat the public policy issues of workers' compensation periodic payments and abrogate their responsibility and the integrity of the workers' compensation system(s) while shifting yet again the responsibility to the taxpayers and an overburdened Medicare/Medicaid system.
A program of 24 hour care will remove from controversy medical coverage and would eliminate unnecessary litigation and administrative costs while keeping benefits to workers on a periodic basis which was the foundation of the workers’ compensation systems.
Monday, December 10, 2007
Sunday, December 9, 2007
NJ Ranks 2nd In Asbestos Related Disease
The legacy of asbestos related disease continues in New Jersey. Around the time of World War II New Jersey was an epicenter of the production asbestos fiber. New Jersey was equal distant from the major shipyards on the East Coast and it was in a major railroad network that allowed it to move asbestos product both in raw format and in furnish goods.
Unfortunately, the legacy of asbestos disease continues to cause a former workers and those exposed to products major to his disease and illness. The United States government has reported an increase in asbestos related disease in New Jersey. The state ranks as number two in the nation with reported asbestos related disease.
Unfortunately, the legacy of asbestos disease continues to cause a former workers and those exposed to products major to his disease and illness. The United States government has reported an increase in asbestos related disease in New Jersey. The state ranks as number two in the nation with reported asbestos related disease.
Asbestos production and consumption between 1970 and 1979, on a national basis, amounted to 1,060,015 metric tons alone. Since his best is related disease has a latency period, of sometimes several decades between the exposure and the disease, the impact is now being reported demonstrating increased incidence of mesothelioma in the United States. There are major uncertainties in predicting mesothelioma incidents and some investigators project the maximum mesothelioma incidents will not occur until about 2020 in the United States.
Sunday, November 4, 2007
Hernias: The Next Step in Compensating Workers
One of the major flaws of workers compensation acts is that deny injured workers payments for repaired hernia by establishing specific requirements for compensability.. Historically the workers’ compensation acts denied benefits since employers feared a flood of these occupational claims. In many jurisdictions special notice provisions exist and limitations have been impressed upon permanent disability benefits.
Hernias are very common and over 25% of the population suffer from this condition that involves a weakness in the abdominal wall caused by a variety of events including excessive straining, chronic constipation, obesity, physical activity and persistent coughing.
Surgeons have employed a variety of techniques in an effort to repair these defects. Since late 2005, a widely used procedure has been the insertion of Kugel mesh. This product adhered to the abdominal wall and also allowed the bowl to permit bodily products to flow through the digestive stem without obstruction. Unfortunately this products was defective and caused a rupture and/or a blockage of the intestines. The FDA initiated Class 1 recall of this product commencing on December 2005. (Dec. 22, 2005) The FDA classifies medical device recalls into three levels with the most critical and one the Agency deems that there is a “reasonable probability that the use of or continued exposure to a volatile product will cause serious adverse health consequences or death.”
Despite the inadequate remedy available in most jurisdictions, a remedy now exists for recovery for individual personal injury claimants in both state and federal court which would include negligence, intentional and negligent infliction of emotional distress, violation of state deceptive practices act, breach of of implied warranty of merchantability, failure to war and unjust enrichment. Class actions have been initiated in various states and a Federal Multi-District Litigation (MDL) In re: Kugel Mesh Hernia Patch Litigation, MDL Docket No. 07-1842 ML (D.R.I.). has been established for medical monitoring and economic injury
For further information please contact our office. Jon Gelman http://www.gelmans.com/
Hernias are very common and over 25% of the population suffer from this condition that involves a weakness in the abdominal wall caused by a variety of events including excessive straining, chronic constipation, obesity, physical activity and persistent coughing.
Surgeons have employed a variety of techniques in an effort to repair these defects. Since late 2005, a widely used procedure has been the insertion of Kugel mesh. This product adhered to the abdominal wall and also allowed the bowl to permit bodily products to flow through the digestive stem without obstruction. Unfortunately this products was defective and caused a rupture and/or a blockage of the intestines. The FDA initiated Class 1 recall of this product commencing on December 2005. (Dec. 22, 2005) The FDA classifies medical device recalls into three levels with the most critical and one the Agency deems that there is a “reasonable probability that the use of or continued exposure to a volatile product will cause serious adverse health consequences or death.”
Despite the inadequate remedy available in most jurisdictions, a remedy now exists for recovery for individual personal injury claimants in both state and federal court which would include negligence, intentional and negligent infliction of emotional distress, violation of state deceptive practices act, breach of of implied warranty of merchantability, failure to war and unjust enrichment. Class actions have been initiated in various states and a Federal Multi-District Litigation (MDL) In re: Kugel Mesh Hernia Patch Litigation, MDL Docket No. 07-1842 ML (D.R.I.). has been established for medical monitoring and economic injury
For further information please contact our office. Jon Gelman http://www.gelmans.com/
Wednesday, October 31, 2007
This Blog can now be monitored through Technoratic
This Blog can now be monitored through Technoratic. Pleas click the logo on the bottom right side oof the page.
http://www.technorati.com/
http://www.technorati.com/
Sunday, October 28, 2007
Is The EPA in a Rush To the Botton for Asbestos Experts?
The US EPA (Environmental; Protection Agency) has published an announcement to seek appointments to its Scientific Advisory Panel with asbestos expertise in short course. In a notice published in the Federal Register on October 26, 2007 the US EPA announced a deadline of November 16, 2007.
"The EPA Science Advisory Board (SAB) Staff Office is seeking public nominations of additional experts in the formation of the Asbestos Expert Panel in the areas of biostatistics, statistical modeling, epidemiology, meta-analysis, Bayesian analysis and toxicology of inhaled particles." Nominations may be submitted on line. Any interested person or organization may nominate individuals qualified in the areas of expertise described above to serve on the SAB Asbestos Expert Panel. Nominations may be submitted in electronic format through the Form for Nominating Individuals to Panels of the EPA Science Advisory Board which can be accessed through a link on the blue navigational bar on the SAB Web site at: http://www.epa.gov/sab.
An alarm has been sounded that panels of the EPA have been filled by defense firms. See "Don’t Let Mercenaries Advise EPA on Asbestos Science." David Michaels, who heads the the Project on Scientific Knowledge and Public Policy (SKAPP) and is Professor and Associate Chairman in the Department of Environmental and Occupational Health, the George Washington University School of Public Health and Health Services stated, "One important step in ending corruption in science would be to ban employees of product defense firms from federal science advisory committees. The EPA’s Science Advisory Board Asbestos Panel is a good place to start."
The Bush Administration has tried to undermined te integrity of scientific research in an ongoing program. Public Employees for Environmental Responsibility has claimed that the "EPA is dumbing down its research." “There appears to be a deliberate policy of marginalizing EPA science on issue after issue, so that the agency is becoming increasingly irrelevant to emerging environmental threats,” Ruch testified, pointing to internal surveys showing a growing pessimism by agency scientists about the direction of EPA. “EPA’s public health research agenda has been neutered.”
The selection of quality membership is not one than came be done on short notice. Is the EPA yet again in a rush to the bottom?
"The EPA Science Advisory Board (SAB) Staff Office is seeking public nominations of additional experts in the formation of the Asbestos Expert Panel in the areas of biostatistics, statistical modeling, epidemiology, meta-analysis, Bayesian analysis and toxicology of inhaled particles." Nominations may be submitted on line. Any interested person or organization may nominate individuals qualified in the areas of expertise described above to serve on the SAB Asbestos Expert Panel. Nominations may be submitted in electronic format through the Form for Nominating Individuals to Panels of the EPA Science Advisory Board which can be accessed through a link on the blue navigational bar on the SAB Web site at: http://www.epa.gov/sab.
An alarm has been sounded that panels of the EPA have been filled by defense firms. See "Don’t Let Mercenaries Advise EPA on Asbestos Science." David Michaels, who heads the the Project on Scientific Knowledge and Public Policy (SKAPP) and is Professor and Associate Chairman in the Department of Environmental and Occupational Health, the George Washington University School of Public Health and Health Services stated, "One important step in ending corruption in science would be to ban employees of product defense firms from federal science advisory committees. The EPA’s Science Advisory Board Asbestos Panel is a good place to start."
The Bush Administration has tried to undermined te integrity of scientific research in an ongoing program. Public Employees for Environmental Responsibility has claimed that the "EPA is dumbing down its research." “There appears to be a deliberate policy of marginalizing EPA science on issue after issue, so that the agency is becoming increasingly irrelevant to emerging environmental threats,” Ruch testified, pointing to internal surveys showing a growing pessimism by agency scientists about the direction of EPA. “EPA’s public health research agenda has been neutered.”
The selection of quality membership is not one than came be done on short notice. Is the EPA yet again in a rush to the bottom?
Thursday, October 25, 2007
Workers Compensation Research Institute Conference 2007 – Boston MA
WCRI has been “researching” or generating data for the Industry for 24 years. The introductory remarks were offered by Robert Steggert, Marriott International, Inc., Chair WCRI Bd of Directors. The central topic of the entire program has been medical costs and how to contain them and the consequential effect upon medical claims, temporary benefits and permanent benenfits.
Preliminary research reports were offered on “The California Reforms; Monitoring Impact” by Richard Victor, WCRI. Victor has testified in the past in support of “reforms” before Congress of the Longshore and Harbor Workers Compensation Act. The data presented was a “snapshot” of data from post the 2003 reforms and preliminary data from recent legislative changes. Basically it demonstrated a significant drop in medical services especially in chiropractic care and physical therapy and physical medicine. The data sources were medical bills, telephone interviews of hundreds of injured workers (650 to 750), access to medical care, utilization and costs and timing.
The bottom line is that WCRI is not releasing final data that they have available for recent reforms. The trend, however, is toward a dramatic decrease in medical care, and the decrease in the numbers of claims filed. While this will probably result in the decrease in the amount of PPD (permanent partial disability) it is not something that they will publicly admit at this time. They do admit that there is decrease in the number of satisfied injured workers who have serious medical conditions.
The research concerning “The Texas Reforms” was obviously apparent. There are no lawyers in that system and the adversarial system for all intents and purposes eliminated. Texas remains as the highest number of chiropractic visits of any State. See the recent blog report.
The “Lessons from a Stable and Lower Cost State” [Oregon] demonstrated a system where the presenters: Bob Shiprack, Orgeon Building and Construction Trades Council and Jerry Keene, defense WC atty, have engineered a system to eliminate lawyers completely by eliminating litigation. Oregon is now 42nd in the country in WC rates and premiums have not gone up for 18 years while costs have declined 50%. The Oregon system allows treating physicians to initially make recommendation concerning PPD which generates a RTW package [Return to Work] by actively allowing the employer to participate in terminating TDB or PPD. The ADR (Alternate Disputes Resolution) program provides for a 10% counsel fee. The EAIPO [employee accident and injury program] allows for a 50% wage subsidy and theoretically acts as a safety net following a “lump sum” payment. Shipwreck’s philosophy is to first “Starve All the Lawyers.” That was accomplished in Oregon. See also another blog report on Oregon.
Preliminary research reports were offered on “The California Reforms; Monitoring Impact” by Richard Victor, WCRI. Victor has testified in the past in support of “reforms” before Congress of the Longshore and Harbor Workers Compensation Act. The data presented was a “snapshot” of data from post the 2003 reforms and preliminary data from recent legislative changes. Basically it demonstrated a significant drop in medical services especially in chiropractic care and physical therapy and physical medicine. The data sources were medical bills, telephone interviews of hundreds of injured workers (650 to 750), access to medical care, utilization and costs and timing.
The bottom line is that WCRI is not releasing final data that they have available for recent reforms. The trend, however, is toward a dramatic decrease in medical care, and the decrease in the numbers of claims filed. While this will probably result in the decrease in the amount of PPD (permanent partial disability) it is not something that they will publicly admit at this time. They do admit that there is decrease in the number of satisfied injured workers who have serious medical conditions.
The research concerning “The Texas Reforms” was obviously apparent. There are no lawyers in that system and the adversarial system for all intents and purposes eliminated. Texas remains as the highest number of chiropractic visits of any State. See the recent blog report.
The “Lessons from a Stable and Lower Cost State” [Oregon] demonstrated a system where the presenters: Bob Shiprack, Orgeon Building and Construction Trades Council and Jerry Keene, defense WC atty, have engineered a system to eliminate lawyers completely by eliminating litigation. Oregon is now 42nd in the country in WC rates and premiums have not gone up for 18 years while costs have declined 50%. The Oregon system allows treating physicians to initially make recommendation concerning PPD which generates a RTW package [Return to Work] by actively allowing the employer to participate in terminating TDB or PPD. The ADR (Alternate Disputes Resolution) program provides for a 10% counsel fee. The EAIPO [employee accident and injury program] allows for a 50% wage subsidy and theoretically acts as a safety net following a “lump sum” payment. Shipwreck’s philosophy is to first “Starve All the Lawyers.” That was accomplished in Oregon. See also another blog report on Oregon.
Wednesday, October 24, 2007
Vaccinating Workers In a Pandemic Maybe a Pain for Employers
The US DHHS has issued a draft guidance for allocation of pandemic flu vaccine. Tough decisions for tough times is what it looks like. What workers will be allocated vaccinations and in what order in preference in the general population? Tough decisions for tough times.
Vaccinations afforded to employees which provide benefit to the employer against possible disastrous business consequences have been considered to be a mutual benefit. Saintsing v. Steinbach Co., 1 N.J.Super. 259, 64 A.2d 99 (App.Div.1949).
The public as been asked to comment staring, Friday, October 26, 2007.
The public as been asked to comment staring, Friday, October 26, 2007.
"This draft guidance is intended to provide strong advice to support planning an effective and consistent pandemic response by States and communities. Nevertheless, it is important that plans are flexible as the guidance may be modified based on the status of vaccine technology, the characteristics of pandemic illness, and risk groups for severe disease –factors that will remain unknown until a pandemic actually occurs.The Federal Government has embarked on a rigorous and collaborative process that seeks input from all interested parties in developing this strategy. Hearing opinions from persons and organizations with a wide variety of interests and concerns is the best way to ensure that allocation of vaccine in the early stages of a pandemic is fair and provides the best chance for our country to emerge from a pandemic with minimal levels of illness, death, and disruption to our society and economy."
Monday, October 22, 2007
Does OSHA Know Its Numbers: Questionable Counting of Workplace Injuries and Accidents
A debate is occurring in the occupational health community over whether or not the validity of the statistics produced by the Occupational Safety and Health Administration (OSHA) is accurate concerning their reporting of data in recent years that that reflects a decline in occupational injuries and illnesses. Charged with a record-keeping in 1995 OSHA has reported a constant decline annually in its statistical reports.
The agency's recent reporting has become the subject of an analysis by scholars who conclude that the substantial declines in the number of injuries and illnesses merely correspond directly with changes in OSHA's recordkeeping requirements. The report goes on to illustrate that the most significant changes in employment, production, and OSHA enforcement activity, and in fact sampling error just do not explain the large decline. The scientists report that the decline of 2.4 million injuries and illnesses were in fact statistically inaccurate. Over 83% of the decline can be attributed to merely the change in OSHA's recordkeeping requirements.
The agency's recent reporting has become the subject of an analysis by scholars who conclude that the substantial declines in the number of injuries and illnesses merely correspond directly with changes in OSHA's recordkeeping requirements. The report goes on to illustrate that the most significant changes in employment, production, and OSHA enforcement activity, and in fact sampling error just do not explain the large decline. The scientists report that the decline of 2.4 million injuries and illnesses were in fact statistically inaccurate. Over 83% of the decline can be attributed to merely the change in OSHA's recordkeeping requirements.
Saturday, October 20, 2007
The House of Lords Steps Backward in Time for Asbestos Compensation
The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "
The decision widely reported in the British press, has been declared a major step backward in time. British Unions have strongly sounded their dismay. Unite Joint General Secretary, Derek Simpson said: "This is a harsh decision which will affect thousands of people with pleural plaques now and in the future." "The judgment will disadvantage many of our members who have been exposed to asbestos in their work by denying them the right to sue their former employers for developing pleural plaques. Unite will continue to fight to re-coup damages for those people who have developed mesothelioma and other asbestos related conditions."
Many support groups have declared their outrage. Tony Whitson, chair of the forum of asbestos support groups said: 'This judgment gives solace to rich insurance companies and leaves asbestos victims uncompensated. It is a disgrace.'
The House of Parliament has turned it back on the victims of asbestos related disease. Since 1775 when Percivall Pott, a prominent British surgeon, noted that chimney sweeps had a high incidence of cancer which he attributed to prolonged exposure and repeated contact with soot, many other work-related cancers have been documented. The British, who first epidemologically recognized asbestos related disease, have now stepped backward in denying benefits to those who suffer from this terrible disease.
Tuesday, October 16, 2007
Federal Court Grants Class Certification to Federal Express Driver Case - Independent Contractor Status at Issue
In a pending MDL (Multi-District Litigation) claim against Federal Express, US Federal Judge Robert Miller (US DCT Northen District of Indiana), granted class certificationto the claims of potentiall 14,000 current FedEx Ground/Home Delivery drivers and up 10,000 former drivers.
An important issue confronting the litigation is the determination of the existence of an "independent contractor" relationship between FedEx and its present and former drivers.
Full decision:
Judge Robert Miller of U.S. District Court for Northern Indiana, today granted class certification on behalf of approximately 14,000 current FedEx Ground/Home Delivery drivers – as well as upwards of 10,000 former drivers - across the nation who are challenging the company’s embattled independent contractor model.
“This is a landmark decision for workers everywhere serving
An important issue confronting the litigation is the determination of the existence of an "independent contractor" relationship between FedEx and its present and former drivers.
Full decision:
Judge Robert Miller of U.S. District Court for Northern Indiana, today granted class certification on behalf of approximately 14,000 current FedEx Ground/Home Delivery drivers – as well as upwards of 10,000 former drivers - across the nation who are challenging the company’s embattled independent contractor model.
“This is a landmark decision for workers everywhere serving
Sunday, October 14, 2007
Workers' Compensation, "'The Dead Elephant' in the Room"
Joining a loud and vocal majority, Peter Rousmanie, a writer for the periodical, Risk and Insurance, has authored a series of 4 articles on the failing workers’ compensation system.
In a series initially focusing on the World Trade Disaster he has shifted his focus in the first two articles from merely the 911 tragedy to the entire system calling workers’ compensation, “”The Dead Elephant’ In the Room.”
World Trade Center In-Depth Series (Part 1): Up in Smoke
World Trade Center In-Depth Series (Part 2): The Disease Within
World Trade Center In-Depth Series (Part 3): Peeling a Sour Apple
In a series initially focusing on the World Trade Disaster he has shifted his focus in the first two articles from merely the 911 tragedy to the entire system calling workers’ compensation, “”The Dead Elephant’ In the Room.”
World Trade Center In-Depth Series (Part 1): Up in Smoke
World Trade Center In-Depth Series (Part 2): The Disease Within
World Trade Center In-Depth Series (Part 3): Peeling a Sour Apple
Friday, October 12, 2007
Recrafting the Delivery of Workers' Compensation Benefits
It has been reported SaltLakeTribune: Few lawyers willing to represent injured workers that fewer lawyers are now representing injured workers. The situation is critical in many areas of workers' compensation law including the delivery of medical benefits.
This situation is rather contagious. While claims have dropped nationally, the number of attorneys representing injured claimants have also fallen, but at an alarming rate. This phenomenon is not reflective of a safer work environment, but one in which the Industry has squeezed lawyers out of the process intentionally, through many aspects including: regulatory action, philosophical strategy, and legislative tactics. It has been difficult, to say the least, for stakeholders to seek benefits. The failure to mount a defense against these disruptive and destructive practices is partly based upon the inability of stakeholders to maintain a united front.
Yet the CMS (Medicare reimbursement issue) challenge is one that should be a new beginning for injured workers, Labor, lawyers and other groups to creatively employ tactics and strategy to reconstruct the benefit program, albeit periodic payments, rather to merely adopt a program and jump on the band wagon of Industry to deconstruct the program of "lump sum" reductions in benefits including medical care. A good start would be to propose to Congress a legislative package meaningful to injured workers and one that would preserve the integrity of the periodic benefit system and continued provision of full and complete medical benefits. The convoluted system proposed, yet again, by Industry fails to meet those goals.
This situation is rather contagious. While claims have dropped nationally, the number of attorneys representing injured claimants have also fallen, but at an alarming rate. This phenomenon is not reflective of a safer work environment, but one in which the Industry has squeezed lawyers out of the process intentionally, through many aspects including: regulatory action, philosophical strategy, and legislative tactics. It has been difficult, to say the least, for stakeholders to seek benefits. The failure to mount a defense against these disruptive and destructive practices is partly based upon the inability of stakeholders to maintain a united front.
Yet the CMS (Medicare reimbursement issue) challenge is one that should be a new beginning for injured workers, Labor, lawyers and other groups to creatively employ tactics and strategy to reconstruct the benefit program, albeit periodic payments, rather to merely adopt a program and jump on the band wagon of Industry to deconstruct the program of "lump sum" reductions in benefits including medical care. A good start would be to propose to Congress a legislative package meaningful to injured workers and one that would preserve the integrity of the periodic benefit system and continued provision of full and complete medical benefits. The convoluted system proposed, yet again, by Industry fails to meet those goals.
Thursday, October 11, 2007
Losing the workplace cancer fight – BBC
The Stirling University study mentioned in the BBC programme blurb below will appear in the October-December 2007 issue of the International Journal of Occupational and Environmental Health (IJOEH), available free online www.ijoeh.com It concludes the contribution of workplace factors to all cancers is at least double and possibly four times the commonly cited Doll/Peto contribution (4 per cent of all cancers related to work). The BBC piece, a 40 minute documentary, concentrates on the UK, but most of the lessons apply equally well in other modern, industrialised nations – and certainly to the situation the US, Canada and Australia.
You can listen to the programme online at: http://www.bbc.co.uk/radio/aod/radio4_aod.shtml?radio4/fileon4
Duration: 37mins File Size: 18Mb
Podcast: Download Episode
http://downloads.bbc.co.uk/podcasts/radio4/fileon4/fileon4_20071009-2130.mp3
Related materials are available online at: www.hazards.org/cancer and www.hazards.org/cancer/preventionkit
Losing the workplace cancer fight
By Tim Whewell
BBC Radio 4, File On 4
The HSE is responsible for workplace safety
Occupational cancer is a quiet almost invisible epidemic picking off its victims years after they were first exposed to the risk.
It is one of the areas of workplace safety that the Health and Safety Executive (HSE) is responsible for.
Yet according to a new study published on Tuesday its occupational cancer figures are out of date.
The HSE's figures say 6,000 people die annually of work related cancers.
We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago
Prof Andrew Watterson
But the study by Prof Andrew Watterson of Stirling University has found that between 18,000 to 24,000 people a year die of occupationally caused cancers.
"We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago," he said.
"They looked at small number of - at that time - large industries. There are many more small to medium sized enterprises now where there may be exposures."
The HSE accepts its figures are out of date but the academic charged with reviewing them, believes they will only show a small increase.
Lesley Rushton of Imperial College said: "Because we are adding more cancers the estimates will rise."
But he added that figures for the six cancers in the HSE's original research will not differ greatly.
Cancer cluster
One of the newer industries Professor Watterson believes the HSE's data does not take into account is microelectronics.
Eleven years after Grace Morrison left the National Semiconductor factory in Greenock, near Glasgow she still has no explanation for what she and many other former workers saw as a cancer cluster in the area.
Grace was diagnosed with cancer and in the same week her sister, who also worked at the plant was found to have leukaemia which eventually claimed her life.
"It was a dreadful time my sister endured two years of hell with the treatment she was having.
Female cancers
"She survived two years and I'm still in remission."
Eventually after a local campaign, the HSE agreed to look into complaints by the firm's employees.
One theory was their cancer stemmed at least partly from exposure to some the chemicals the workers added to tiny silicon discs as part of the microchip production process.
The HSE's 2001 report found two to three times the expected rate of female lung cancer and four to five times the expected rate of female stomach cancers.
'No proof'
It found no immediate proof of a link but said further study was needed urgently yet this work only began this year.
Minutes of meetings of the Microelectronics Working Group, which brings together industry representatives, trade unions, and the HSE, obtained by File On 4 indicate disagreements between the various sides that may help explain the delay in starting the more detailed follow-up study.
One, for example, was over the remit of the new research, with National Semiconductor apparently wanting it limited to lung cancer.
The company declined a request for an interview, but in a statement they said: "There is NO proof that working at National Semiconductor in Greenock has caused an increased risk of employees developing cancer
"Although we have had some concerns regarding the HSE's proposed follow-on study, we have worked closely with the HSE to provide timely comments and information to them.
"National Semiconductor is continuing to work with the HSE on its follow-up study and until this study is completed it would be inappropriate for us to comment further.
"The health and safety of our employees is of paramount importance and we remain committed to providing a safe working environment.
"This is highlighted by the numerous awards secured by the company from organisations such as the Royal Society for the Prevention of Accidents and the British Safety Council and National is one of the top Environmental Health and Safety performers in the UK."
Enforcement action
Steve Coldrick, head of the HSE's disease reduction programme, denied that the micro electronics industry was slow to agree to cooperate with in depth studies.
"The key point is the follow up is a further study so it is not an enforcement action," he said.
"It requires the co-operation and collaboration of the people concerned and the follow up study has started.
"You are talking about six years, but it is determining at the rate of other people as well.
"If other people do not think it is urgent and we have no regulatory force behind it, we are dependent on the pace at which they will go."
You can learn more about this story from File On 4, at 2000 BST, Tuesday 9 October 2007, repeated Sunday 14 October 1700 BST.
http://news.bbc.co.uk/1/hi/programmes
You can listen to the programme online at: http://www.bbc.co.uk/radio/aod/radio4_aod.shtml?radio4/fileon4
Duration: 37mins File Size: 18Mb
Podcast: Download Episode
http://downloads.bbc.co.uk/podcasts/radio4/fileon4/fileon4_20071009-2130.mp3
Related materials are available online at: www.hazards.org/cancer and www.hazards.org/cancer/preventionkit
Losing the workplace cancer fight
By Tim Whewell
BBC Radio 4, File On 4
The HSE is responsible for workplace safety
Occupational cancer is a quiet almost invisible epidemic picking off its victims years after they were first exposed to the risk.
It is one of the areas of workplace safety that the Health and Safety Executive (HSE) is responsible for.
Yet according to a new study published on Tuesday its occupational cancer figures are out of date.
The HSE's figures say 6,000 people die annually of work related cancers.
We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago
Prof Andrew Watterson
But the study by Prof Andrew Watterson of Stirling University has found that between 18,000 to 24,000 people a year die of occupationally caused cancers.
"We know that the existing figures are wrong because of the basis of the calculation that was done some 25 years ago," he said.
"They looked at small number of - at that time - large industries. There are many more small to medium sized enterprises now where there may be exposures."
The HSE accepts its figures are out of date but the academic charged with reviewing them, believes they will only show a small increase.
Lesley Rushton of Imperial College said: "Because we are adding more cancers the estimates will rise."
But he added that figures for the six cancers in the HSE's original research will not differ greatly.
Cancer cluster
One of the newer industries Professor Watterson believes the HSE's data does not take into account is microelectronics.
Eleven years after Grace Morrison left the National Semiconductor factory in Greenock, near Glasgow she still has no explanation for what she and many other former workers saw as a cancer cluster in the area.
Grace was diagnosed with cancer and in the same week her sister, who also worked at the plant was found to have leukaemia which eventually claimed her life.
"It was a dreadful time my sister endured two years of hell with the treatment she was having.
Female cancers
"She survived two years and I'm still in remission."
Eventually after a local campaign, the HSE agreed to look into complaints by the firm's employees.
One theory was their cancer stemmed at least partly from exposure to some the chemicals the workers added to tiny silicon discs as part of the microchip production process.
The HSE's 2001 report found two to three times the expected rate of female lung cancer and four to five times the expected rate of female stomach cancers.
'No proof'
It found no immediate proof of a link but said further study was needed urgently yet this work only began this year.
Minutes of meetings of the Microelectronics Working Group, which brings together industry representatives, trade unions, and the HSE, obtained by File On 4 indicate disagreements between the various sides that may help explain the delay in starting the more detailed follow-up study.
One, for example, was over the remit of the new research, with National Semiconductor apparently wanting it limited to lung cancer.
The company declined a request for an interview, but in a statement they said: "There is NO proof that working at National Semiconductor in Greenock has caused an increased risk of employees developing cancer
"Although we have had some concerns regarding the HSE's proposed follow-on study, we have worked closely with the HSE to provide timely comments and information to them.
"National Semiconductor is continuing to work with the HSE on its follow-up study and until this study is completed it would be inappropriate for us to comment further.
"The health and safety of our employees is of paramount importance and we remain committed to providing a safe working environment.
"This is highlighted by the numerous awards secured by the company from organisations such as the Royal Society for the Prevention of Accidents and the British Safety Council and National is one of the top Environmental Health and Safety performers in the UK."
Enforcement action
Steve Coldrick, head of the HSE's disease reduction programme, denied that the micro electronics industry was slow to agree to cooperate with in depth studies.
"The key point is the follow up is a further study so it is not an enforcement action," he said.
"It requires the co-operation and collaboration of the people concerned and the follow up study has started.
"You are talking about six years, but it is determining at the rate of other people as well.
"If other people do not think it is urgent and we have no regulatory force behind it, we are dependent on the pace at which they will go."
You can learn more about this story from File On 4, at 2000 BST, Tuesday 9 October 2007, repeated Sunday 14 October 1700 BST.
http://news.bbc.co.uk/1/hi/programmes
Sunday, October 7, 2007
California: Did Workers' Comp Reform Go Too Far?
Friday October 5, 2007
Did Workers' Comp Reform Go Too Far?
By Alan J. Wax
California employees have borne the entire brunt of the Governor's 2004 Workers' Compensation Reform (SB899). Studies by state agencies confirm that the benefits have been reduced by 50 to 70 percent. Even the U.S. Chambers of Commerce reports that California's benefits are among the lowest in the nation. The average maximum weekly permanent disability benefit for the nation is $595, compared to California, which is $270. Weekly benefits for permanently disabled workers in California are the fourth lowest in the nation. Balance this with the fact that California's cost of living is one of the highest in the nation. The insurance industry reports their profits for the last three years exceed the cost of all benefits combined. (Based on the Workers' Compensation Insurance Rating Bureau July 2007 Rate Filing and Summary of March 31, 2007 Insurer Experience)-
Here are some examples of California's ranking among the lowest in the nation compared to other states:
Loss of an eye: California ranks lowest in the nation!
Hearing loss in one ear: California ranks lowest in the nation!
Loss of a foot: California ranks second lowest in the nation!
Loss of a leg at hip: California ranks sixth lowest in the nation!
Loss of a thumb: California ranks seventh lowest in the nation!
(Source: "Analysis of Workers' Compensation Laws," U.S. Chamber of Commerce)
In a special hearing regarding the Reform, Senator Sheila Kuehl had admonished the then, Administrative Director Andrea Hoch by stating that there was no legislative intent to reduce "whole hog" the overall benefits, the then Chairman Richard Alarcon, stated it was his understanding "that [SB899] should not reduce benefits to injured workers." In fact, Governor Schwarzenegger was quoted as saying, "I never wanted to hurt any one of the workers or the people that get benefits," (Sacramento Bee, November 19, 2003). However, that is exactly what is being done by this reform.
SB 936 sponsored by Senator Don Perata, would help restore fair and adequate in small measure benefits for those who through no fault of their own become permanently disabled as a result of a work related injury and will not require any cost increase for employers. As permanent disability benefits represent only 13 percent of total benefits. This measure has been passed on a virtually unanimous vote of Senate and Assembly Democrats. This remedial bill partially corrects unintended 50 to 70 percent cuts in permanent disability compensation to injured workers. There are many problems with the workers' compensation reform dealing with limits on reasonable medical treatment, temporary disability benefits and vocational retraining. SB 936 would be a first step in trying to restore modest compensation to California's injured on the job.
Alan J. Wax, a Certified Specialist by the State of California in the area of Workers' Compensation Law, and a member of Board of Governors of the California Applicant's Attorney's Association is a partner with the law firm of Wax & Wax. He can be reached at (661) 255-9585. His column represents his own views, and not necessarily those of The Signal. "Business Law" appears Fridays and rotates between members of the Santa Clarita Valley Bar Association. www.SCVbar.org.
Did Workers' Comp Reform Go Too Far?
By Alan J. Wax
California employees have borne the entire brunt of the Governor's 2004 Workers' Compensation Reform (SB899). Studies by state agencies confirm that the benefits have been reduced by 50 to 70 percent. Even the U.S. Chambers of Commerce reports that California's benefits are among the lowest in the nation. The average maximum weekly permanent disability benefit for the nation is $595, compared to California, which is $270. Weekly benefits for permanently disabled workers in California are the fourth lowest in the nation. Balance this with the fact that California's cost of living is one of the highest in the nation. The insurance industry reports their profits for the last three years exceed the cost of all benefits combined. (Based on the Workers' Compensation Insurance Rating Bureau July 2007 Rate Filing and Summary of March 31, 2007 Insurer Experience)-
Here are some examples of California's ranking among the lowest in the nation compared to other states:
Loss of an eye: California ranks lowest in the nation!
Hearing loss in one ear: California ranks lowest in the nation!
Loss of a foot: California ranks second lowest in the nation!
Loss of a leg at hip: California ranks sixth lowest in the nation!
Loss of a thumb: California ranks seventh lowest in the nation!
(Source: "Analysis of Workers' Compensation Laws," U.S. Chamber of Commerce)
In a special hearing regarding the Reform, Senator Sheila Kuehl had admonished the then, Administrative Director Andrea Hoch by stating that there was no legislative intent to reduce "whole hog" the overall benefits, the then Chairman Richard Alarcon, stated it was his understanding "that [SB899] should not reduce benefits to injured workers." In fact, Governor Schwarzenegger was quoted as saying, "I never wanted to hurt any one of the workers or the people that get benefits," (Sacramento Bee, November 19, 2003). However, that is exactly what is being done by this reform.
SB 936 sponsored by Senator Don Perata, would help restore fair and adequate in small measure benefits for those who through no fault of their own become permanently disabled as a result of a work related injury and will not require any cost increase for employers. As permanent disability benefits represent only 13 percent of total benefits. This measure has been passed on a virtually unanimous vote of Senate and Assembly Democrats. This remedial bill partially corrects unintended 50 to 70 percent cuts in permanent disability compensation to injured workers. There are many problems with the workers' compensation reform dealing with limits on reasonable medical treatment, temporary disability benefits and vocational retraining. SB 936 would be a first step in trying to restore modest compensation to California's injured on the job.
Alan J. Wax, a Certified Specialist by the State of California in the area of Workers' Compensation Law, and a member of Board of Governors of the California Applicant's Attorney's Association is a partner with the law firm of Wax & Wax. He can be reached at (661) 255-9585. His column represents his own views, and not necessarily those of The Signal. "Business Law" appears Fridays and rotates between members of the Santa Clarita Valley Bar Association. www.SCVbar.org.
Thursday, October 4, 2007
Asbestos Ban Passes US Senate
The United State Senate passed the legislation to ban asbestos in the U.S. The following press release was distributed bythe bill's sponsor, Senator Pat Murray.
October 4, 2007 (WASHINGTON, D.C.) – Today United States Senate unanimously passed Senator Patty Murray's bill to ban asbestos, bringing the legislation closer to enactment than at any point since Murray launched her effort to protect families and workers six years ago. Murray worked closely with Senator Johnny Isakson (R-GA) and Environment and Public Works Chairman Senator Barbara Boxer (D-CA) to reach this historic milestone.
"This is a historic day in the fight to protect Americans. Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law," Murray said. "I’m very pleased that Senators from both sides of the aisle came together to unanimously support my bill. I especially want to thank Senator Johnny Isakson for his bipartisan leadership in moving this bill forward. I also want to commend Senator Barbara Boxer who championed this bill from the start and led its quick passage through her Environment and Public Works Committee."
“It was a pleasure to work with Senator Murray on crafting this legislation. This bill is the culmination of months of bipartisan work to find common ground on this important issue, and I extremely pleased the Senate acted so quickly to approve it,” Isakson said. “For the few areas where asbestos is still used in the United States, this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”
U.S. Senator Barbara Boxer (D-Calif.), Chairman of the Senate Committee on Environment and Public Works, said: “Because of this bill, America is poised to join the more than 40 nations that have banned asbestos because it is deadly. This bill is long overdue.”
“I have been pleased to work closely with Senators Murray and Isakson to move this important bill through the Environment and Public Works Committee, and now through the Senate. This bill will take asbestos off the shelves, and will also ensure we continue to study and treat the health effects asbestos has already caused.”
Murray's bill would ban asbestos, invest in research and treatment, and launch a public education campaign. Murray started working to ban asbestos six years ago. This March, she re-introduced her legislation as S. 742, the Ban Asbestos in America Act of 2007.
On March 1st, Senator Murray held a hearing in her Employment and Workplace Safety Subcommittee on the bill.
On June 12th, the bill got a hearing before the Environment and Public Works Committee, at which Senator Murray testified.
On June 6, Murray discussed the bill's progress at the Fred Hutchinson Cancer Research Center in Seattle, where she was joined by doctors, a patient, environmental experts, and advocates.
On July 31st, the bill passed the Senate Environment and Public Works Committee 19-0.
....................................................................................
Ban Asbestos in America Act of 2007
http://murray.senate.gov/asbestos
Bill Summary
1. BANS ASBESTOS
Prohibits the importation, manufacture, processing and distribution of products containing asbestos. The ban covers the 6 regulated forms of asbestos and 3 durable fibers. The EPA will issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
2. Dramatically Expands Research and Treatment
Creates a $50 million "Asbestos-Related Disease Research and Treatment Network"The network will be composed of 10 new research and treatment centers around the country. Locations will be selected by the director of NIH. The network will focus on finding better treatment, early detection and prevention strategies. Funded at $50 million ($1 million per center per year for 5 years). [Section 417F]
Creates a New National Asbestos-Related Disease RegistryExpands on the existing mesothelioma disease registry to include patients with other asbestos-related diseases. This national clearinghouse for data will help scientists conduct more comprehensive research. [Section 417E(c)]
Directs the Department of Defense to Conduct Additional ResearchAbout one-third of mesothelioma victims were exposed to asbestos while serving in the U.S. Navy. The bill directs the Pentagon to conduct additional research on asbestos disease, early detection and treatment. [Section 417G]
Identifies the Most Promising Areas for New ResearchDirects the National Institute for Occupational Safety and Health (NIOSH) to study the current state of knowledge on asbestos disease mechanisms, health effects, and measurement methods. NIOSH will recommend the areas where new research is most needed. [Section 222]
3. Launches a Public Education Campaign TO PROTECT AMERICANS
The EPA Administrator shall conduct a public education campaign to increase awareness of the dangers posed by asbestos-containing products and contaminant-asbestos products, including in homes and workplaces. Patients and front-line health care providers will receive current and comprehensive information about disease awareness and treatment options. The EPA will work with the Consumer Product Safety Commission, the Secretary of Labor, and the Centers for Disease Control and Prevention on this public education campaign. [Section 224]
October 4, 2007 (WASHINGTON, D.C.) – Today United States Senate unanimously passed Senator Patty Murray's bill to ban asbestos, bringing the legislation closer to enactment than at any point since Murray launched her effort to protect families and workers six years ago. Murray worked closely with Senator Johnny Isakson (R-GA) and Environment and Public Works Chairman Senator Barbara Boxer (D-CA) to reach this historic milestone.
"This is a historic day in the fight to protect Americans. Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law," Murray said. "I’m very pleased that Senators from both sides of the aisle came together to unanimously support my bill. I especially want to thank Senator Johnny Isakson for his bipartisan leadership in moving this bill forward. I also want to commend Senator Barbara Boxer who championed this bill from the start and led its quick passage through her Environment and Public Works Committee."
“It was a pleasure to work with Senator Murray on crafting this legislation. This bill is the culmination of months of bipartisan work to find common ground on this important issue, and I extremely pleased the Senate acted so quickly to approve it,” Isakson said. “For the few areas where asbestos is still used in the United States, this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”
U.S. Senator Barbara Boxer (D-Calif.), Chairman of the Senate Committee on Environment and Public Works, said: “Because of this bill, America is poised to join the more than 40 nations that have banned asbestos because it is deadly. This bill is long overdue.”
“I have been pleased to work closely with Senators Murray and Isakson to move this important bill through the Environment and Public Works Committee, and now through the Senate. This bill will take asbestos off the shelves, and will also ensure we continue to study and treat the health effects asbestos has already caused.”
Murray's bill would ban asbestos, invest in research and treatment, and launch a public education campaign. Murray started working to ban asbestos six years ago. This March, she re-introduced her legislation as S. 742, the Ban Asbestos in America Act of 2007.
On March 1st, Senator Murray held a hearing in her Employment and Workplace Safety Subcommittee on the bill.
On June 12th, the bill got a hearing before the Environment and Public Works Committee, at which Senator Murray testified.
On June 6, Murray discussed the bill's progress at the Fred Hutchinson Cancer Research Center in Seattle, where she was joined by doctors, a patient, environmental experts, and advocates.
On July 31st, the bill passed the Senate Environment and Public Works Committee 19-0.
....................................................................................
Ban Asbestos in America Act of 2007
http://murray.senate.gov/asbestos
Bill Summary
1. BANS ASBESTOS
Prohibits the importation, manufacture, processing and distribution of products containing asbestos. The ban covers the 6 regulated forms of asbestos and 3 durable fibers. The EPA will issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
2. Dramatically Expands Research and Treatment
Creates a $50 million "Asbestos-Related Disease Research and Treatment Network"The network will be composed of 10 new research and treatment centers around the country. Locations will be selected by the director of NIH. The network will focus on finding better treatment, early detection and prevention strategies. Funded at $50 million ($1 million per center per year for 5 years). [Section 417F]
Creates a New National Asbestos-Related Disease RegistryExpands on the existing mesothelioma disease registry to include patients with other asbestos-related diseases. This national clearinghouse for data will help scientists conduct more comprehensive research. [Section 417E(c)]
Directs the Department of Defense to Conduct Additional ResearchAbout one-third of mesothelioma victims were exposed to asbestos while serving in the U.S. Navy. The bill directs the Pentagon to conduct additional research on asbestos disease, early detection and treatment. [Section 417G]
Identifies the Most Promising Areas for New ResearchDirects the National Institute for Occupational Safety and Health (NIOSH) to study the current state of knowledge on asbestos disease mechanisms, health effects, and measurement methods. NIOSH will recommend the areas where new research is most needed. [Section 222]
3. Launches a Public Education Campaign TO PROTECT AMERICANS
The EPA Administrator shall conduct a public education campaign to increase awareness of the dangers posed by asbestos-containing products and contaminant-asbestos products, including in homes and workplaces. Patients and front-line health care providers will receive current and comprehensive information about disease awareness and treatment options. The EPA will work with the Consumer Product Safety Commission, the Secretary of Labor, and the Centers for Disease Control and Prevention on this public education campaign. [Section 224]
Ban Asbestos in America Act Passes U.S. Senate
ADOC Press Release
Washington, D.C. Oct 04, 2007 ADAO Praises U.S. Senate for Passing Senator Patty Murray's Ban Asbestos in America Act
The Asbestos Disease Awareness Organization (ADAO), an organization dedicated to serving as the voice of asbestos victims, today praised the passage of Senator Patty Murray (D-WA)'s Ban Asbestos in America Act of 2007 by the U.S. Senate. The Ban Asbestos in America Act is an effort to ban all production and use of asbestos in America, launch public education campaigns to raise awareness about its dangers and expand research and treatment of diseases caused by asbestos.
"Senator Patty Murray is a hero for all asbestos victims and their families, and a future protector of generations to come, helping to ensure a safer environment for us all," said Linda Reinstein, Executive Director and Cofounder of Asbestos Disease Awareness Organization (ADAO). "We praise the Senate for passing Senator Murray's monumental Ban Asbestos in America Act and now encourage the House to follow this important bi-partisan lead for a full ban on asbestos. We also extend a special thanks to Senate Majority Leader Harry Reid (D-NV), Assistant Majority Leader Dick Durbin (D-IL), Senator Barbara Boxer (D-CA) and Senator Johnny Isakson (R-GA) for their critical support. We look forward to the day when asbestos disease will no longer needlessly claim lives."
The occurrence of asbestos-related diseases, including mesothelioma, lung cancer and asbestosis, is growing out of control. Studies estimate that during the next decade, 100,000 victims in the United States will die of an asbestos related disease - equaling 30 deaths per day.
Murray's Asbestos Ban Passes Senate
Washington, D.C. Oct 04, 2007 ADAO Praises U.S. Senate for Passing Senator Patty Murray's Ban Asbestos in America Act
The Asbestos Disease Awareness Organization (ADAO), an organization dedicated to serving as the voice of asbestos victims, today praised the passage of Senator Patty Murray (D-WA)'s Ban Asbestos in America Act of 2007 by the U.S. Senate. The Ban Asbestos in America Act is an effort to ban all production and use of asbestos in America, launch public education campaigns to raise awareness about its dangers and expand research and treatment of diseases caused by asbestos.
"Senator Patty Murray is a hero for all asbestos victims and their families, and a future protector of generations to come, helping to ensure a safer environment for us all," said Linda Reinstein, Executive Director and Cofounder of Asbestos Disease Awareness Organization (ADAO). "We praise the Senate for passing Senator Murray's monumental Ban Asbestos in America Act and now encourage the House to follow this important bi-partisan lead for a full ban on asbestos. We also extend a special thanks to Senate Majority Leader Harry Reid (D-NV), Assistant Majority Leader Dick Durbin (D-IL), Senator Barbara Boxer (D-CA) and Senator Johnny Isakson (R-GA) for their critical support. We look forward to the day when asbestos disease will no longer needlessly claim lives."
The occurrence of asbestos-related diseases, including mesothelioma, lung cancer and asbestosis, is growing out of control. Studies estimate that during the next decade, 100,000 victims in the United States will die of an asbestos related disease - equaling 30 deaths per day.
Murray's Asbestos Ban Passes Senate
Tuesday, October 2, 2007
NJ Beneficiaries Wait for Supplemental Increase in Workers’ Compensation Benefits
For almost 2 years New Jersey’s most severely injured and their families have been waiting for the legislature to act upon a law to provide for a cost of living increase of their benefits. The legislation, S-1005, would increase benefits of those injured after December 31, 1979. The bill was stalled in the legislature as the parties ironed out technical issues concerning the Social Security reverse offset. NJ is one of the few States remaining that allow workers’ compensation insurance carriers to benefit from Social Security offset rules.
Additionally NJ has side stepped the triennial increase that is provided for under the Social Security Regulations causing NJ’s injured workers not to be allowed to obtain any additional increases in benefits afforded by application of that provision of the Federal law.
………………………..
The Senate Labor Committee reports favorably Senate Bill No. 1005.
This bill provides, from July 1, 2006 forward, an annual cost of living adjustment in the weekly workers' compensation benefit rate for any worker who has become totally and permanently disabled from a workplace injury at any time after December 31, 1979 and for the surviving dependents of workers who have died from a workplace injury at any time after December 31, 1979.
The cost of living adjustment would be an amount such that, when added to the workers' compensation weekly benefit rate initially awarded, the sum would bear the same percentage relationship to the maximum benefit rate at the time of the adjustment that the initial rate bore to the maximum rate at the time of the initial award, except that the amount of the adjustment shall be reduced as much as necessary to ensure that the sum of the adjustment and the amount initially awarded does not exceed the amount which would cause any reduction of disability benefits payable under the Federal Old Age, Survivors and Disability Act. The amount of the adjustment would be paid from the Second Injury Fund (SIF), which is supported by a uniform assessment spread out evenly over all employers and insurers.
Current law requires such annual cost of living adjustments (COLAs) in the workers' compensation benefit rate for death and permanent total disability to be paid from the SIF, but only in cases in which the injury or death occurred before January 1, 1980. The bill extends the adjustments to cases originating after December 31, 1979, although the adjustments would apply only to benefits paid on those claims after July 1, 2006.
The bill makes no change in the provisions of sections 1 and 9 of P.L.1980, c.83 (C.34:15-94.4 and 34:15-94.5), which provide for the reduction of certain portions of workers' compensation benefits by the amount of Social Security disability benefits paid. In addition, the bill expressly states that the supplemental benefits shall not be paid in a manner which in any way changes or modifies the provisions of those sections.
Additionally NJ has side stepped the triennial increase that is provided for under the Social Security Regulations causing NJ’s injured workers not to be allowed to obtain any additional increases in benefits afforded by application of that provision of the Federal law.
………………………..
The Senate Labor Committee reports favorably Senate Bill No. 1005.
This bill provides, from July 1, 2006 forward, an annual cost of living adjustment in the weekly workers' compensation benefit rate for any worker who has become totally and permanently disabled from a workplace injury at any time after December 31, 1979 and for the surviving dependents of workers who have died from a workplace injury at any time after December 31, 1979.
The cost of living adjustment would be an amount such that, when added to the workers' compensation weekly benefit rate initially awarded, the sum would bear the same percentage relationship to the maximum benefit rate at the time of the adjustment that the initial rate bore to the maximum rate at the time of the initial award, except that the amount of the adjustment shall be reduced as much as necessary to ensure that the sum of the adjustment and the amount initially awarded does not exceed the amount which would cause any reduction of disability benefits payable under the Federal Old Age, Survivors and Disability Act. The amount of the adjustment would be paid from the Second Injury Fund (SIF), which is supported by a uniform assessment spread out evenly over all employers and insurers.
Current law requires such annual cost of living adjustments (COLAs) in the workers' compensation benefit rate for death and permanent total disability to be paid from the SIF, but only in cases in which the injury or death occurred before January 1, 1980. The bill extends the adjustments to cases originating after December 31, 1979, although the adjustments would apply only to benefits paid on those claims after July 1, 2006.
The bill makes no change in the provisions of sections 1 and 9 of P.L.1980, c.83 (C.34:15-94.4 and 34:15-94.5), which provide for the reduction of certain portions of workers' compensation benefits by the amount of Social Security disability benefits paid. In addition, the bill expressly states that the supplemental benefits shall not be paid in a manner which in any way changes or modifies the provisions of those sections.
Thursday, September 27, 2007
Legislation to Protect Food Flavoring Workers from Severe Lung Disease Passes House
WASHINGTON, D.C. – By a vote of 260 to 154, the U.S. House of Representatives today approved legislation intended to prevent workers in food processing plants from getting a debilitating, irreversible lung disease that has already sickened and killed a number of workers nationwide.
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. Scientists have linked diacetyl exposure to bronchiolitis obliterans, a severe lung disease often known as "popcorn lung." Despite mounting evidence over several years of the dangers of popcorn lung, OSHA has failed to take action to limit diacetyl exposure, prompting the need for the legislation approved by the House today.
"Seven years after the first cases of popcorn lung were identified, it is stunning that OSHA has failed to protect American workers from this horrible disease," said Rep. George Miller (D-CA), chairman of the committee. "The cost of the Bush administration's failure to act can be measured in the number of workers who have avoidably grown ill or died. This legislation is critical to stop the delays in protecting workers from this serious workplace hazard."
"It's a travesty that OSHA has done nothing to regulate this chemical, while workers have fallen seriously ill and some have actually died," said Rep. Lynn Woolsey (D-CA), chairwoman of the Subcommittee on Workforce Protections and chief sponsor of the legislation. "That's why it's time for Congress to act to keep workers healthy and safe. Passing this important legislation is a step in the right direction."
Thousands of workers are still being exposed to diacetyl at factories that make or use food flavorings.
The legislation, the Popcorn Workers Lung Disease Prevention Act (H.R. 2693), would:
Mandate that OSHA issue a standard within 90 days to minimize workers' exposure to diacetyl in popcorn and flavorings manufacturing plants. Employers would be required to develop a written exposure control plan that would use engineering controls and respirators to protect workers, and to conduct medical monitoring to determine whether workers' health continued to be harmed.
Mandate that OSHA issue a more comprehensive standard within two years, covering all workplaces where workers may be exposed to diacetyl.
House Democrats urged the Labor Department to address this serious health hazard in August 2006. For more information and for a copy of the August 2006 letter from House Democrats to the Department of Labor, click here.
The Education and Labor Committee held a hearing on OSHA's failure to issue standards, including one for diacetyl, in April 2007. For more information, click here.
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. Scientists have linked diacetyl exposure to bronchiolitis obliterans, a severe lung disease often known as "popcorn lung." Despite mounting evidence over several years of the dangers of popcorn lung, OSHA has failed to take action to limit diacetyl exposure, prompting the need for the legislation approved by the House today.
"Seven years after the first cases of popcorn lung were identified, it is stunning that OSHA has failed to protect American workers from this horrible disease," said Rep. George Miller (D-CA), chairman of the committee. "The cost of the Bush administration's failure to act can be measured in the number of workers who have avoidably grown ill or died. This legislation is critical to stop the delays in protecting workers from this serious workplace hazard."
"It's a travesty that OSHA has done nothing to regulate this chemical, while workers have fallen seriously ill and some have actually died," said Rep. Lynn Woolsey (D-CA), chairwoman of the Subcommittee on Workforce Protections and chief sponsor of the legislation. "That's why it's time for Congress to act to keep workers healthy and safe. Passing this important legislation is a step in the right direction."
Thousands of workers are still being exposed to diacetyl at factories that make or use food flavorings.
The legislation, the Popcorn Workers Lung Disease Prevention Act (H.R. 2693), would:
Mandate that OSHA issue a standard within 90 days to minimize workers' exposure to diacetyl in popcorn and flavorings manufacturing plants. Employers would be required to develop a written exposure control plan that would use engineering controls and respirators to protect workers, and to conduct medical monitoring to determine whether workers' health continued to be harmed.
Mandate that OSHA issue a more comprehensive standard within two years, covering all workplaces where workers may be exposed to diacetyl.
House Democrats urged the Labor Department to address this serious health hazard in August 2006. For more information and for a copy of the August 2006 letter from House Democrats to the Department of Labor, click here.
The Education and Labor Committee held a hearing on OSHA's failure to issue standards, including one for diacetyl, in April 2007. For more information, click here.
Monday, September 24, 2007
OH Action: Voters Empowered To Overturn SB 117
OH Action: Voters Empowered To Overturn SB 117
Add another chapter to the story of a contentious lead paint/consumer protection law that has already prompted a legal battle between the legislature and Gov. Ted Strickland over a post-session veto that was later invalidated by the Ohio Supreme Court.
A coalition of consumer advocates kicked off a referendum campaign on Friday by delivering an initial petition filing of about 1,800 signatures to the Secretary of State's Office.
The coalition decided to take advantage of the Supreme Court's decision that allowed for a 60-day window for opponents to collect signatures to challenge the law through the referendum process. (See Gongwer Ohio Report, August 31, 2007)
Committee co-chair Laura McDowall, an Akron consumer attorney, said a referendum would finally offer Ohioans the chance to weigh in on the legislation.
"The law was passed during a lame duck session with absolutely no opportunity for public input," she said. "This referendum campaign is our attempt, the citizens' attempt to allow the people to express what they think about this law."
\n\u003cp\>Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline." The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot. \n\u003c/p\>\n\u003cp\>Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint href\u003d\http://www.yourohiorights.org/\
Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. (See Gongwer Ohio Report, August 1, 2007)
"We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline."
The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act.
"It is a terrible law," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."
The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot.
Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint Bill
http://www.yourohiorights.org/
Why This Is A Bad Law
http://www.yourohiorights.org/why-bad.html
Take Action! Circulate A Petition!
http://www.yourohiorights.org/what-to-do.html
Contribute
http://www.yourohiorights.org/contribute.html
This web site is sponsored byPaid for by Voters Empowered To Overturn SB 117, Mark McGinnis, Treasurer, 550 East Walnut Street, Columbus, Ohio 43215
Add another chapter to the story of a contentious lead paint/consumer protection law that has already prompted a legal battle between the legislature and Gov. Ted Strickland over a post-session veto that was later invalidated by the Ohio Supreme Court.
A coalition of consumer advocates kicked off a referendum campaign on Friday by delivering an initial petition filing of about 1,800 signatures to the Secretary of State's Office.
The coalition decided to take advantage of the Supreme Court's decision that allowed for a 60-day window for opponents to collect signatures to challenge the law through the referendum process. (See Gongwer Ohio Report, August 31, 2007)
Committee co-chair Laura McDowall, an Akron consumer attorney, said a referendum would finally offer Ohioans the chance to weigh in on the legislation.
"The law was passed during a lame duck session with absolutely no opportunity for public input," she said. "This referendum campaign is our attempt, the citizens' attempt to allow the people to express what they think about this law."
\n\u003cp\>Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline." The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot. \n\u003c/p\>\n\u003cp\>Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint href\u003d\http://www.yourohiorights.org/\
Gathering the necessary 241,366 valid signatures in the truncated 60-day time frame would be an "incredibly tall order," she allowed. While the Supreme Court technically allowed the standard 90-days, justices started the clock on Aug. 1, the day the court overturned Gov. Strickland's veto of the measure that former Gov. Bob Taft wanted to become law without his signature. (See Gongwer Ohio Report, August 1, 2007)
"We are doing our best to get this done within the timeframe allowed by the Ohio Supreme Court," Ms. McDowall said. "We believe we should have been entitled to the full amount of time that the constitution provides, but we are going to do everything in our power to meet the deadline."
The statute (SB117, 126th General Assembly) was intended to block municipalities from filing public nuisance lawsuits against manufacturers to pay for removal of hazardous lead paint from older residential buildings. It also limits damages amounts that juries may award under the Consumer Sales Practices Act.
"It is a terrible law," Ms. McDowall said. "The limits on consumer protection damages will basically give dishonest businesses a green light to cheat all they want."
The Secretary of State's Office will verify the initial filing contains at least 1,000 valid signatures. The Attorney General's Office is charged with certifying whether the summary of the law is accurate. If the group then successfully collects the required 6% of the total vote cast during the last gubernatorial election, the issue will be placed on the November 2008 ballot.
Meanwhile, the law is still in effect until the coalition files the second round of petitions, according to the Secretary of State's Office.
Consumer Advocates to Pursue Referendum on Lead Paint Bill
http://www.yourohiorights.org/
Why This Is A Bad Law
http://www.yourohiorights.org/why-bad.html
Take Action! Circulate A Petition!
http://www.yourohiorights.org/what-to-do.html
Contribute
http://www.yourohiorights.org/contribute.html
This web site is sponsored byPaid for by Voters Empowered To Overturn SB 117, Mark McGinnis, Treasurer, 550 East Walnut Street, Columbus, Ohio 43215
Saturday, September 1, 2007
Labor Day: Miller Launches Map of Workplace Fatalities
This Labor Day, Let's Redouble Effort to Improve Worker Safety, Says Chairman Miller Miller also launches interactive map of workplace fatalities
WASHINGTON, D.C. - To honor America's workers this Labor Day, the country should commit to stopping the preventable toll of workplace deaths, injuries, and illnesses that affects workers across industries and occupations each year, said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. To highlight the dangers that many American workers face on the job, Miller today launched a new interactive online map
(http://edlabor.house.gov/issues/workerdeaths.shtml) that enables people to learn about many of the workplace fatalities that have occurred in their own communities this year.
"Each year, thousands of American workers die on the job. Sixteen workers are killed in workplace accidents each day. Ten times that many die of occupational diseases caused b y hazardous substances like asbestos. And every 2.5 seconds, a worker is injured in the United States," said Miller. "This grim toll includes construction workers, public safety workers, and workers at chemical facilities and oil refineries. It includes people who spend most of their time working outdoors, as well as people who work inside office buildings, manufacturing plants, and stores. It in cludes young and old workers. There are simply too many American workers, from all walks of life, who get injured, sick, or killed on the job. On this Labor Day, we should commit ourselves to doing everything we can to improve safety in the workplace."
On August 9, the U.S. Labor Department reported that 5,703 workers died in workplace accidents in 2006. Today, Miller launched an online map of worker fatalities that he hoped would remind Americans of the urgent need for increased efforts to eliminate unsafe conditions on the job. The map relies on published news reports in 2007 to show worker fatalities
nationwide, and it includes information about the workers' occupations and causes of death. The map represents roughly 10 percent of the total number of on-the-job fatalities so far this year.
"The tragedy at Utah's Crandall Canyon Mine reminds us of the dangers that too many workers face every day. It is my hope that the launch of this map will help policymakers and the public understand the extent of workplace fatalities in this country and the importance of acting aggressively to improve workplace safety," said Miller.
Earlier this year, U.S. Rep. Lynn Woolsey (D-CA), chairwoman of the House Subcommittee on Workforce Protections, and U.S. Rep. Phil Hare (D-IL), a member of the subcommittee, introduced legislation to reduce workplace fatalities, injuries, and sicknesses. The Protecting America's Work ers Act (H.R. 2049) would boost workplace safety by strengthening and expanding the Occupational Safety and Health Act. Specifically, the legislation would:
Apply federal safety standards to workers who are not currently covered, including federal, state, and local employees, and some private sector employees;
Increase penalties against employers for repeated and willful violations of the law, including making felony charges available when an employer's repeated and willful violation of the law leads to a worker's de ath or serious injury;
Better protect workers who blow the whistle on unsafe workplace conditions;
Enhance the public's right to know about safety violations; and
Make clear that employers must provide the necessary safety equipment to their workers, such as goggles, gloves, respirators, or other personal protective equipment.
Miller also said that the Bush administration must do more to vigorously enforce workplace safety laws.
"In hearings held earlier this year, witnesses told the committee that both the U.S. Occupational Safety and Health Administration and the U.S. Mine Safety and Health Administration are not doing enough to update basic workplace safety standards and that the agencies have shifted their focus from enforcing the law to providing companies with so-called voluntary compliance assistance," said Miller. "It is well past time that the Bush workplace safety agencies stop fiddling while workers die. They must aggressively enforce the laws they swore to uphold. We must do more to defend the right of all workers to a safe workplace."
To visit the map, click here.: http://edlabor.house.gov/issues/workerdeaths.shtml
For more information about the Protecting America's Workers Act, click here.
http://www.house.gov/apps/list/speech/edlabor_dem/rel042607.html
For more information about worker safety issues, click here.
http://edlabor.house.gov/issues/workersafety.shtml
..................................
Jon L. Gelman, Attorney at Law
1450 Valley Road, 1st Floor
PO Box 934Wayne NJ 07474-0934
973 696-7900 tel - 973 696-7988 fax
www.gelmans.com
WASHINGTON, D.C. - To honor America's workers this Labor Day, the country should commit to stopping the preventable toll of workplace deaths, injuries, and illnesses that affects workers across industries and occupations each year, said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. To highlight the dangers that many American workers face on the job, Miller today launched a new interactive online map
(http://edlabor.house.gov/issues/workerdeaths.shtml) that enables people to learn about many of the workplace fatalities that have occurred in their own communities this year.
"Each year, thousands of American workers die on the job. Sixteen workers are killed in workplace accidents each day. Ten times that many die of occupational diseases caused b y hazardous substances like asbestos. And every 2.5 seconds, a worker is injured in the United States," said Miller. "This grim toll includes construction workers, public safety workers, and workers at chemical facilities and oil refineries. It includes people who spend most of their time working outdoors, as well as people who work inside office buildings, manufacturing plants, and stores. It in cludes young and old workers. There are simply too many American workers, from all walks of life, who get injured, sick, or killed on the job. On this Labor Day, we should commit ourselves to doing everything we can to improve safety in the workplace."
On August 9, the U.S. Labor Department reported that 5,703 workers died in workplace accidents in 2006. Today, Miller launched an online map of worker fatalities that he hoped would remind Americans of the urgent need for increased efforts to eliminate unsafe conditions on the job. The map relies on published news reports in 2007 to show worker fatalities
nationwide, and it includes information about the workers' occupations and causes of death. The map represents roughly 10 percent of the total number of on-the-job fatalities so far this year.
"The tragedy at Utah's Crandall Canyon Mine reminds us of the dangers that too many workers face every day. It is my hope that the launch of this map will help policymakers and the public understand the extent of workplace fatalities in this country and the importance of acting aggressively to improve workplace safety," said Miller.
Earlier this year, U.S. Rep. Lynn Woolsey (D-CA), chairwoman of the House Subcommittee on Workforce Protections, and U.S. Rep. Phil Hare (D-IL), a member of the subcommittee, introduced legislation to reduce workplace fatalities, injuries, and sicknesses. The Protecting America's Work ers Act (H.R. 2049) would boost workplace safety by strengthening and expanding the Occupational Safety and Health Act. Specifically, the legislation would:
Apply federal safety standards to workers who are not currently covered, including federal, state, and local employees, and some private sector employees;
Increase penalties against employers for repeated and willful violations of the law, including making felony charges available when an employer's repeated and willful violation of the law leads to a worker's de ath or serious injury;
Better protect workers who blow the whistle on unsafe workplace conditions;
Enhance the public's right to know about safety violations; and
Make clear that employers must provide the necessary safety equipment to their workers, such as goggles, gloves, respirators, or other personal protective equipment.
Miller also said that the Bush administration must do more to vigorously enforce workplace safety laws.
"In hearings held earlier this year, witnesses told the committee that both the U.S. Occupational Safety and Health Administration and the U.S. Mine Safety and Health Administration are not doing enough to update basic workplace safety standards and that the agencies have shifted their focus from enforcing the law to providing companies with so-called voluntary compliance assistance," said Miller. "It is well past time that the Bush workplace safety agencies stop fiddling while workers die. They must aggressively enforce the laws they swore to uphold. We must do more to defend the right of all workers to a safe workplace."
To visit the map, click here.: http://edlabor.house.gov/issues/workerdeaths.shtml
For more information about the Protecting America's Workers Act, click here.
http://www.house.gov/apps/list/speech/edlabor_dem/rel042607.html
For more information about worker safety issues, click here.
http://edlabor.house.gov/issues/workersafety.shtml
..................................
Jon L. Gelman, Attorney at Law
1450 Valley Road, 1st Floor
PO Box 934Wayne NJ 07474-0934
973 696-7900 tel - 973 696-7988 fax
www.gelmans.com
Thursday, August 30, 2007
MD Fed Court Holds a Fighfighter HAS STANDING to bring a private action under the MSP Act
Firefighter brought action against mayor and city council pursuant to private enforcement provision of Medicare Secondary Payer (MSP) statute, alleging that his exposure to asbestos while working caused his pleural malignant mesothelioma. City moved to dismiss.
"...private citizens may collect double damages by bringing claims against primary payers to recover money owed. Id. § 1395y(b)(3)(A). It is under this latter provision that O'Connor asserts the instant suit."
Motion to Dismiss DeniedO'Connor v. Mayor and City Council of Baltimore494 F.Supp.2d 372 D.Md.,2007.July 19, 2007
Jon Gelman
Wayne NJ
http://www.gelmans.com/
"...private citizens may collect double damages by bringing claims against primary payers to recover money owed. Id. § 1395y(b)(3)(A). It is under this latter provision that O'Connor asserts the instant suit."
Motion to Dismiss DeniedO'Connor v. Mayor and City Council of Baltimore494 F.Supp.2d 372 D.Md.,2007.July 19, 2007
Jon Gelman
Wayne NJ
http://www.gelmans.com/
Thursday, August 23, 2007
Drop in California Spending Lowers U.S. Workers' Compensation Benefits and Costs
August 22, 2007
WASHINGTON, DC—U.S. workers’ compensation payments for medical care and cash benefits for workers disabled by workplace injuries or diseases declined in 2005, according to a study released today by the National Academy of Social Insurance (NASI).
The drop in payments in 2005 (the most recent year with data) reflects large declines in California payments, as reforms enacted in 2003 and 2004 took effect. Nationally, workers’ compensation payments for injured workers fell by 1.4 percent to $55.3 billion in 2005. The payments include $26.2 billion to providers of medical care and $29.1 billion in cash wage replacement benefits for injured workers. California payments fell by 12.2 percent; a change made up of a 16.0 percent decline in medical payments and an 8.6 percent decline in cash payments. “The reduced spending for benefits and medical care reflects the initial stages of cost containment measures that were put in place in 2003 and 2004 reforms to the California system,” according to NASI member Christine Baker, who directs the California Commission on Health and Safety and Workers’ Compensation, a nonpartisan labor-management group that advises state policymakers.
Because it is a large state – accounting for nearly 20 percent of national benefit payments in 2005 –California altered national trends. Outside California, total workers’ compensation payments rose by 1.7 percent, an increase driven by a 4.1 percent increase in payments to medical providers. Cash payments to injured workers outside California showed a small decline (0.3 percent).
The costs to employers for workers’ compensation are what they pay each year. For employers who buy insurance, costs are premiums they pay to insurance companies plus benefits they pay under deductible arrangements in their insurance policies. For employers who insure their own workers, costs are the benefits they pay plus administrative costs. In 2005, employers paid a total of $88.8 billion nationwide for workers’ compensation. A sharp drop in California employers’ costs (of 9.8 percent) held down the national increase in employer costs to 2.3 percent. Outside California, employer costs for workers’ compensation rose by 6.5 percent.
The new report tracks trends since 1989 in workers’ compensation benefits and employer costs relative to total wages of workers covered by the program. Relative to wages, cash benefits in 2005 were the lowest in 17 years ($0.56 per $100 of wages). Nationally, total benefits (cash plus medical) and employer costs fell relative to wages in 2005. Cash and medical benefits combined were $1.06 per $100 of covered wages in 2005, a drop of $0.07 from 2004, while employer costs were $1.70 per $100 of wages in 2005, down $0.05 from 2004.
Outside California, benefits per $100 of wages fell by a smaller amount ($0.03) and employer costs per $100 of wages rose slightly (by $0.02). According to John F. Burton, Jr., chair of the panel that oversees the study, “The relative stability of benefits outside the Golden State reflects a rough balance between the declining frequency of workplace injuries and higher expenditures for medical benefits.”
The new report, Workers’ Compensation: Benefits, Coverage and Costs, 2005, is the tenth in a NASI series that provides the only comprehensive national data that covers all types of employers. The study provides estimates of workers’ compensation cash and medical payments for each state, the District of Colombia, and federal programs.
To download the full report, click here.
To download a PDF of this release, click here.
WASHINGTON, DC—U.S. workers’ compensation payments for medical care and cash benefits for workers disabled by workplace injuries or diseases declined in 2005, according to a study released today by the National Academy of Social Insurance (NASI).
The drop in payments in 2005 (the most recent year with data) reflects large declines in California payments, as reforms enacted in 2003 and 2004 took effect. Nationally, workers’ compensation payments for injured workers fell by 1.4 percent to $55.3 billion in 2005. The payments include $26.2 billion to providers of medical care and $29.1 billion in cash wage replacement benefits for injured workers. California payments fell by 12.2 percent; a change made up of a 16.0 percent decline in medical payments and an 8.6 percent decline in cash payments. “The reduced spending for benefits and medical care reflects the initial stages of cost containment measures that were put in place in 2003 and 2004 reforms to the California system,” according to NASI member Christine Baker, who directs the California Commission on Health and Safety and Workers’ Compensation, a nonpartisan labor-management group that advises state policymakers.
Because it is a large state – accounting for nearly 20 percent of national benefit payments in 2005 –California altered national trends. Outside California, total workers’ compensation payments rose by 1.7 percent, an increase driven by a 4.1 percent increase in payments to medical providers. Cash payments to injured workers outside California showed a small decline (0.3 percent).
The costs to employers for workers’ compensation are what they pay each year. For employers who buy insurance, costs are premiums they pay to insurance companies plus benefits they pay under deductible arrangements in their insurance policies. For employers who insure their own workers, costs are the benefits they pay plus administrative costs. In 2005, employers paid a total of $88.8 billion nationwide for workers’ compensation. A sharp drop in California employers’ costs (of 9.8 percent) held down the national increase in employer costs to 2.3 percent. Outside California, employer costs for workers’ compensation rose by 6.5 percent.
The new report tracks trends since 1989 in workers’ compensation benefits and employer costs relative to total wages of workers covered by the program. Relative to wages, cash benefits in 2005 were the lowest in 17 years ($0.56 per $100 of wages). Nationally, total benefits (cash plus medical) and employer costs fell relative to wages in 2005. Cash and medical benefits combined were $1.06 per $100 of covered wages in 2005, a drop of $0.07 from 2004, while employer costs were $1.70 per $100 of wages in 2005, down $0.05 from 2004.
Outside California, benefits per $100 of wages fell by a smaller amount ($0.03) and employer costs per $100 of wages rose slightly (by $0.02). According to John F. Burton, Jr., chair of the panel that oversees the study, “The relative stability of benefits outside the Golden State reflects a rough balance between the declining frequency of workplace injuries and higher expenditures for medical benefits.”
The new report, Workers’ Compensation: Benefits, Coverage and Costs, 2005, is the tenth in a NASI series that provides the only comprehensive national data that covers all types of employers. The study provides estimates of workers’ compensation cash and medical payments for each state, the District of Colombia, and federal programs.
To download the full report, click here.
To download a PDF of this release, click here.
Friday, August 17, 2007
U.S. Department of Labor's OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer
U.S. Department of Labor's OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer Alabama, Arkansas, Ohio and Washington facilities also inspected
U.S. Department of Labor press releaseAugust 17, 2007
http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=NEWS_RELEASES&p_toc_level=1&p_keyvalue=200708&p_status=CURRENT
WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.
U.S. Department of Labor press releaseAugust 17, 2007
http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=NEWS_RELEASES&p_toc_level=1&p_keyvalue=200708&p_status=CURRENT
WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.
Saturday, August 11, 2007
NJ Permits Intentional Tort Claim Against Former Employer- PVC Exposure
While denying class action certification for a medical monitoringclass and a punitive damage class, the NJ App Div permitted an INTENTIONAL TORT action against the employer to go forward in a common law civil claim.
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are experienced upon exposure to the cold), changes inthe bones at the bones at the end of the fingers [Known asacro-osteolysis (AOL)], joint and muscle pain, and scleroderma-likeskin changes (thickening of the skin, deceased elasticity and slightedema).
Inhaled vinyl chloride has been shown to increase the risk of a rareform of liver cancer (angiosarcoma of the liver) in humans. It is classified by the Environmental Protection Agency (EPA) as a Group A, human carcinogen.
Plaintiffs represented by: Jon Gelman (NJ), Ron Simon (DC), Herschel Hobson (TX) and Mark Cuker (PA)
Decision- Buynie v. Airco Co, NJ App Div 2007, Decided August 10, 2007
See related articles:
Misleading Statements Made By Vinyl Chloride Companies Held Valid Basis for Suit
Workplace Poison
Vinyl Chloride Conspiracy Documents: Part 4 (Jun 1974 - Dec 1974)
Vinyl Chloride Plants in New Jersey
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease to former workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbnessand discomfort are experienced upon exposure to the cold), changes inthe bones at the bones at the end of the fingers [Known asacro-osteolysis (AOL)], joint and muscle pain, and scleroderma-likeskin changes (thickening of the skin, deceased elasticity and slightedema).
Inhaled vinyl chloride has been shown to increase the risk of a rareform of liver cancer (angiosarcoma of the liver) in humans. It is classified by the Environmental Protection Agency (EPA) as a Group A, human carcinogen.
Plaintiffs represented by: Jon Gelman (NJ), Ron Simon (DC), Herschel Hobson (TX) and Mark Cuker (PA)
Decision- Buynie v. Airco Co, NJ App Div 2007, Decided August 10, 2007
See related articles:
Misleading Statements Made By Vinyl Chloride Companies Held Valid Basis for Suit
Workplace Poison
Vinyl Chloride Conspiracy Documents: Part 4 (Jun 1974 - Dec 1974)
Vinyl Chloride Plants in New Jersey
Thursday, August 9, 2007
National Census of Fatal Occupational Injuries 2005
A total of 5,702 fatal work injuries were recorded in the United States in 2005, down
about 1 percent from the revised total of 5,764 fatal work injuries recorded in 2004. The rate at
which fatal work injuries occurred in 2005 was 4.0 per 100,000 workers, down slightly from a
rate of 4.1 per 100,000 in 2004.
The Census of Fatal Occupational Injuries has been conducted each year since 1992. The
numbers reported in this release are preliminary and will be updated in April 2007.
Press Release: Aug 10, 2007 - National Census of Fatal Occupational Injuries in 2005
http://www.bls.gov/news.release/pdf/cfoi.pdf
Additional Information:
Census of Fatal Occupational Injuries Summary, 2005
Text version of entire news release
about 1 percent from the revised total of 5,764 fatal work injuries recorded in 2004. The rate at
which fatal work injuries occurred in 2005 was 4.0 per 100,000 workers, down slightly from a
rate of 4.1 per 100,000 in 2004.
The Census of Fatal Occupational Injuries has been conducted each year since 1992. The
numbers reported in this release are preliminary and will be updated in April 2007.
Press Release: Aug 10, 2007 - National Census of Fatal Occupational Injuries in 2005
http://www.bls.gov/news.release/pdf/cfoi.pdf
Additional Information:
Census of Fatal Occupational Injuries Summary, 2005
Text version of entire news release
Monday, August 6, 2007
Insurance Industry Again Offers MSP Legislation That Would Discourage Workers' Compensation Periodic Payments
After a failed attempt in the last Congress, the Insurance Industry has again offered similar legislation to encourage "lump sum" settlements in Workers' Compensation hearings, H.R.2549, and circumvent reimbursement of the ailing Medicare program. This legislation failed to gain acceptance in the last Congress as it did not receive the support of interest groups involved in preserving the Medicare system and Labor who continues to support a periodic benenfit system in Workers' Compensation. The proposal would encourage the dismantling of the current Workers' Compensation system in favor of lump sum benenfits. Leading commentators also oppose such legislation.
"In some jurisdictions, the excessive and indiscriminate use of the lump-summing device has reached a point at which it threatens to undermine the real purposes of the compensation system. Since compensation is a segment of a total income insurance system, it ordinarily does its share of the job only if it can be depended on to supply periodic income benefits replacing a portion of lost earnings. If a partially or totally disabled worker gives up these reliable periodic payments in exchange for a large sum of cash immediately in hand, experience has shown that in many cases the lump sum is soon dissipated and the worker is right back where he or she would have been if workers' compensation had never existed."
[8 Larson's Workers' Compensation Law, § 132.07[1] at 132-17 (2006).]
See: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.02549:
"In some jurisdictions, the excessive and indiscriminate use of the lump-summing device has reached a point at which it threatens to undermine the real purposes of the compensation system. Since compensation is a segment of a total income insurance system, it ordinarily does its share of the job only if it can be depended on to supply periodic income benefits replacing a portion of lost earnings. If a partially or totally disabled worker gives up these reliable periodic payments in exchange for a large sum of cash immediately in hand, experience has shown that in many cases the lump sum is soon dissipated and the worker is right back where he or she would have been if workers' compensation had never existed."
[8 Larson's Workers' Compensation Law, § 132.07[1] at 132-17 (2006).]
See: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.02549:
Saturday, July 28, 2007
Deadline Extended for World Trade Center Responders and Volunteers to Register for Workers' Compensation Benefits
Deadline Extended for World Trade Center Responders and Volunteers to Register for Workers' Compensation Benefits
Workers' Compensation Board Chair Donna Ferrara applauded the New York State Legislature and Governor Eliot Spitzer for giving World Trade Center responders until August 2008 to file the paperwork needed to claim workers' compensation benefits if they become ill in the future.
"Those who responded to the 9/11 disaster as workers or volunteers have another year to let us know they were on site," Ferrara said. "We want to make sure they preserve their eligibility should they become ill in the future. I congratulate the Legislature and Governor Spitzer for their swift action in passing and signing into law this very important legislation."
The law (S.4067/A.4940), which went into effect July 3, 2007, allows people who worked or volunteered at the World Trade Center to register with the Workers' Compensation Board and reserve the right to claim benefits if they become ill at a later date. It amends workers' compensation law §162 by giving those who participated in the rescue, recovery and clean-up until Aug. 14, 2008, to file a WTC-12 form.
While it is unclear how many people participated in the rescue, recovery and clean-up of the World Trade Center, more than 19,000 people have filed a WTC-12 form, registering as responders and volunteers.
For more information, or to download a copy of the form, visit http://www.wcb.state.ny.us
Workers' Compensation Board Chair Donna Ferrara applauded the New York State Legislature and Governor Eliot Spitzer for giving World Trade Center responders until August 2008 to file the paperwork needed to claim workers' compensation benefits if they become ill in the future.
"Those who responded to the 9/11 disaster as workers or volunteers have another year to let us know they were on site," Ferrara said. "We want to make sure they preserve their eligibility should they become ill in the future. I congratulate the Legislature and Governor Spitzer for their swift action in passing and signing into law this very important legislation."
The law (S.4067/A.4940), which went into effect July 3, 2007, allows people who worked or volunteered at the World Trade Center to register with the Workers' Compensation Board and reserve the right to claim benefits if they become ill at a later date. It amends workers' compensation law §162 by giving those who participated in the rescue, recovery and clean-up until Aug. 14, 2008, to file a WTC-12 form.
While it is unclear how many people participated in the rescue, recovery and clean-up of the World Trade Center, more than 19,000 people have filed a WTC-12 form, registering as responders and volunteers.
For more information, or to download a copy of the form, visit http://www.wcb.state.ny.us
Friday, July 27, 2007
Workers' Compensation News - July 10, 2007, Vol. 5 Issue 107
Workers' Compensation News - July 10, 2007, Vol. 5 Issue 107
FLORIDA EXPANDS INTENTIONAL TORT EXCEPTION Employee's injury was substantial certainty from employer's failure to respond to requests for new ladder did not require proof that employer concealed danger. "Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous condition is only one of several factors in a nonexclusive list. " Bakerman v The Bombay Company, ___So. 2d____, 2007 WL 1774420 (Fla.), decided June 21, 1007
OSHA ORDERED TO RELEASE TOXIC EXPOSURE DATABASE — More than 25 Years of Workplace Sampling Yields Public Health Research Bonanza Washington, DC — The U.S. Occupational Safety & Health Administration (OSHA) has wrongfully withheld data documenting years of toxic exposures to workers and its own inspectors, according to a federal court ruling posted today by Public Employees for Environmental Responsibility (PEER). As a result, the world’s largest compendium of measurements of occupational exposures to toxic substances - more than 2 million analyses conducted during some 75,000 OSHA workplace inspections since 1979 - should now be available to researchers and policymakers. Each year, an estimated 40,000 U.S. workers die prematurely because of exposures to toxic substances on the job. Press Release: http://www.peer.org/news/news_id.php?row_id=882 Decision: http://www.peer.org/docs/dol/07_02_07_finkel_foia_ruling.pdf
ASBESTOS: Travelers Settles AC&S Claims The Travelers Cos. Inc. said today it has settled litigation with ACandS Inc., a former distributor and installer of asbestos products, for $449 million.http://www.courant.com/business/hc-trav-litig,0,1651056.story
ASBESTOS: NO SAFE LEVEL OF EXPOSURE Cong. Jerrold Nadler (D-NY) held a hearing on June 25 on the federal government’s response to the hazardous air contaminants that polluted lower Manhattan after the 9/11 attacks. The featured witness was former EPA administrator Christine Todd Whitman, who was in the hot seat for her claims that the air in NYC was safe to breathe. Much less attention was paid to former OSHA assistant secretary John Henshaw, who sat next to Whitman, but was left largely unscathed by the questioning. At least one Henshaw exchange deserves attention. The former OSHA chief insisted there are “safe levels of exposure to asbestos.” FYI: The WHO’s policy statement on the elimination of asbestos-related disease is here and the Institute of Medicine’s report on Asbestos: Selected Cancers (2007) is here. http://thepumphandle.wordpress.com/2007/07/06/safe-levels-of-asbestos-by-john-henshaw/
............................
SUBSCRIPTION CHANGES
he workers' compensation mailing list is an informal means to periodically broadcast passive electronic messages to a large group of professionals with interest in workers' compensation law. It is distributed without charge to stimulate academic interest in various topics including case law, statutory law, administrative memorandum, proposed regulations and other various issues.
Subscription changes:
http://www.gelmans.com/FrontEnd/Email/join.asp
Past issues of Workers' Compensation News are archived & search-able in the Reading Room under "Mail Archives" http://www.gelmans.com/
Jon L. Gelman, Attorney at Law
1450 Valley Rd 1st fl,
PO Box 934,
Wayne NJ 07474-0934
Voice: (973)696-7900 / Fax: (973)696-7988 / e-mail: mailto:jon@gelmans.com
http://www.gelmans.com/
Author: Workers' Compensation Law (Thomson/West)
To purchase call: call 1-800-344-5008-Print: http://west.thomson.com/product/17152728/product.asp-Westlaw: http://www.westlaw.com/ (search under database NJPRAC)-CD-Rom.
FLORIDA EXPANDS INTENTIONAL TORT EXCEPTION Employee's injury was substantial certainty from employer's failure to respond to requests for new ladder did not require proof that employer concealed danger. "Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous condition is only one of several factors in a nonexclusive list. " Bakerman v The Bombay Company, ___So. 2d____, 2007 WL 1774420 (Fla.), decided June 21, 1007
OSHA ORDERED TO RELEASE TOXIC EXPOSURE DATABASE — More than 25 Years of Workplace Sampling Yields Public Health Research Bonanza Washington, DC — The U.S. Occupational Safety & Health Administration (OSHA) has wrongfully withheld data documenting years of toxic exposures to workers and its own inspectors, according to a federal court ruling posted today by Public Employees for Environmental Responsibility (PEER). As a result, the world’s largest compendium of measurements of occupational exposures to toxic substances - more than 2 million analyses conducted during some 75,000 OSHA workplace inspections since 1979 - should now be available to researchers and policymakers. Each year, an estimated 40,000 U.S. workers die prematurely because of exposures to toxic substances on the job. Press Release: http://www.peer.org/news/news_id.php?row_id=882 Decision: http://www.peer.org/docs/dol/07_02_07_finkel_foia_ruling.pdf
ASBESTOS: Travelers Settles AC&S Claims The Travelers Cos. Inc. said today it has settled litigation with ACandS Inc., a former distributor and installer of asbestos products, for $449 million.http://www.courant.com/business/hc-trav-litig,0,1651056.story
ASBESTOS: NO SAFE LEVEL OF EXPOSURE Cong. Jerrold Nadler (D-NY) held a hearing on June 25 on the federal government’s response to the hazardous air contaminants that polluted lower Manhattan after the 9/11 attacks. The featured witness was former EPA administrator Christine Todd Whitman, who was in the hot seat for her claims that the air in NYC was safe to breathe. Much less attention was paid to former OSHA assistant secretary John Henshaw, who sat next to Whitman, but was left largely unscathed by the questioning. At least one Henshaw exchange deserves attention. The former OSHA chief insisted there are “safe levels of exposure to asbestos.” FYI: The WHO’s policy statement on the elimination of asbestos-related disease is here and the Institute of Medicine’s report on Asbestos: Selected Cancers (2007) is here. http://thepumphandle.wordpress.com/2007/07/06/safe-levels-of-asbestos-by-john-henshaw/
............................
SUBSCRIPTION CHANGES
he workers' compensation mailing list is an informal means to periodically broadcast passive electronic messages to a large group of professionals with interest in workers' compensation law. It is distributed without charge to stimulate academic interest in various topics including case law, statutory law, administrative memorandum, proposed regulations and other various issues.
Subscription changes:
http://www.gelmans.com/FrontEnd/Email/join.asp
Past issues of Workers' Compensation News are archived & search-able in the Reading Room under "Mail Archives" http://www.gelmans.com/
Jon L. Gelman, Attorney at Law
1450 Valley Rd 1st fl,
PO Box 934,
Wayne NJ 07474-0934
Voice: (973)696-7900 / Fax: (973)696-7988 / e-mail: mailto:jon@gelmans.com
http://www.gelmans.com/
Author: Workers' Compensation Law (Thomson/West)
To purchase call: call 1-800-344-5008-Print: http://west.thomson.com/product/17152728/product.asp-Westlaw: http://www.westlaw.com/ (search under database NJPRAC)-CD-Rom.
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