|
 View Article
May 10, 2005 5:53 PM
Workers' Compensation News - May 10, 2005 Volume 3 Issue 305

 -Cancer Reported as the Leading Cause of Job Fatalities in the World 
-New Report Reveals That Medicare is Covering $23 Billion in Medical Costs That Should be Paid by Workers' Compensation 

For these stories and others visit our web site http://www.gelmans.com

***
ASBESTOS LEGISLATION
OPPOSITION MOUNTS AGAINST S.852 
• Unjustifiable ineligibility of affected individuals
• Faulty medical criteria used for determining compensation
• Unacceptable delays in compensation to victims
• Inadequate funding model that will lead to insolvency of trust fund
http://www.asbestosdiseaseawareness.org/eLibrary/legislativeS852.doc

ASBESTOS USE CONTINUES IN THE US
Study reports that 30 million pounds of asbestos are used in the US each year, with more than one million workers exposed every year.
http://www.ewg.org/reports/asbestos/

CALIFORNIA
Labor Union Suing Over New Worker's Comp Formula 
The CA Labor Federation is suing to ban the use of a formula that determines how much an injured worker will receive. The group argues that the formula drastically cuts payments by fifty percent or less than what injured workers used to get. The CA worker's comp division director was also accused of not taking research study into account when she wrote the new rules. Deborah Lohse, San Jose Mercury News 05/05/2005
https://registration.mercurynews.com/reg/login.do?url=http://www.mercurynews.com%2Fmld%2Fmercurynews%2Fbusiness%2F11559341.htm 

AFL-CIO RELEASES STUDY OF FATAL WORK RELATION ACCIDENTS
The 14th edition of Death on the Job (introduction) or download complete report; 
Intro
http://www.aflcio.org/yourjobeconomy/safety/memorial/upload/death_on_the_job_2005_intro.pdf
Full Report
http://www.aflcio.org/yourjobeconomy/safety/memorial/upload/death_on_the_job_2005.pdf

SHIFT CHANGES INCREASE CARDIOVASCULAR RISKS
The 4th International Conference on Work Environment and Cardiovascular Diseases
Globalization and Changing Work Stressors–Increasing work week–Increasing use of irregular schedules (e.g., shift work) and contingent work–Dissolving boundary between work and home life
http://www.workhealth.org/2005%20ICOH/ICOH%20final%20program.html

ETHICS DEFENSE FOR NEGLECT - WC CASE FRAUDULENT
Lawyer Claims 'Strategic' Neglect of a Case He Thought Was Fraudulent
A lawyer facing ethics charges for neglecting a workers' compensation claim has a novel defense for his inertia: 
The claim was fraudulent, and so by failing to pursue it, he was acting in his client's best interests.
New Jersey Law Journal (Subscription Required)
http://www.law.com/jsp/nj/PubArticleFriendlyNJ.jsp?id=1113555918829

STUDY FINDS WC BENEFITS LOW
"Aggregate replacement rates are typically below the historical standard of two-thirds of gross earnings."
"Adequacy of Earnings Replacement in Workers' Compensation Programs," W.E. Upjohn Institute for Employment Research (2004)
www.ujjohninstitute.org

***
Cases
MENTAL STRESS - OBSERVANCE OF PHYSICAL EVENT PRECLUDED
Circus employee's emotional distress claims arising from lion's death were precluded by workers' compensation law. 
April 22, 2005 Hagan v. Feld Entertainment, Inc.
--- F.Supp.2d ----, 2005 WL 884969 (E.D.Va.) 

ORDINARY PENSION SETOFF - CALCULATION FORMULA
In accordance with the opinion of the Appellate Division entered on November, 8, 2004, the judge calculated the offset against workers’ compensation benefits that the State of New Jersey can receive based on the ordinary disability benefits it pays the petitioner. The judge applied the provisions of N.J.S.A. 43:15A-25.1, which sets forth specific provisions for determining the portion of the disability pension that can be offset against the workers’ compensation award. The judge also held that the Second Injury Fund can receive an offset based on either N.J.S.A. 34:15-40 or the ordinary disability pension payments made to the petitioner. 
Rosales v. State of New Jersey
99-7099; decided April 13, 2005 by the Honorable Richard E. Hickey, III, J.W.C. 
http://www.nj.gov/labor/wc/cases/rosales_remand.htm

***
Calendar:
UNION COUNTY WORKERS' COMPENSATION SEMINAR
Holiday Inn, RT 22, Springfield NJ
Contact Dennis M. Baptista, Esq. 
dennisb@jwhz.com 

25th ANNUAL NATIONAL WORKERS' COMPENSATION AND OCCUPATIONAL MEDICINE CONFERENCE JULY 2005
July 19-21, 2005, Hyannis, Cape Cod, Massachusetts
-Managing Workers' Compensation Claims While Navigating the Treacherous Waters of the Medicare Secondary Payer Act
-Trial Demonstration: The Contested Hearing Loss Case
http://www.seak.com/semjul05WC.htm

 

Email This Article     Print

Copyright 2017 by Jon Gelman, LLC - Attorney at Law. All rights reserved.   |  Privacy Statement  |  Terms Of Use