|
 View Article
April 19, 2007 11:17 PM
Workers' Compensation News - April 19, 2007, Vol. 5 Issue 104

EDERAL LAWSUIT ALLEGES ABUSE OF MEDICARE SYSTEM BY THE STATE OF CALIFORNIA & SEEKS TO RECOVER $20 MILLION IN DAMAGES 

Plaintiff claims cost-shifting of workers compensation obligations to Medicare created "work comp reform bubble" that is about to burst 

Clark v Nevans USDCT CD CA CV-06-8253 GPS (FMC) 

Complaint: http://www.almostbroken.com/federal_complaint_101a.pdf 

PREVENTING OCCUPATIONAL CANCER 

A new cancer prevention guide, reveals that over 600,000 deaths a year – one death every 52 seconds – are caused by occupational cancer, making up almost one-third of all work-related deaths. 

http://www.imfmetal.org/main/index.cfm?n=47&l=2&c=15708 


US CAPITOL WORKERS EXPOSED TO ASBETOS FIBER
Asbestos Disease Awareness Organization (ADAO), an organization dedicated to serving as the voice of asbestos victims, today announced the online launch of a powerful video featuring John Thayer, Supervisor of the Capitol Power Plant Tunnel Crew for the Architect of the Capitol. The video shows detailed and revealing pictures of asbestos dust and environmental hazards within the Capitol Hill tunnels where the employee and his crew work. Thayer has been a leading advocate for justice and increased safety for tunnel workers and this video is an important educational resource to help in stopping the spread of asbestos related diseases. 

http://channels.zeeltv.com/adao2007.aspx 


FDA APROVES VACCINE FOR AVIAN FLU 

The U.S. Food and Drug Administration (FDA) [Tue 17 Apr 2007] approved a human vaccine against the H5N1 influenza virus, marking the first such approval in the U.S. In a press release the agency said that, should H5N1 develop the ability to spread readily from person to person: "The vaccine may provide early limited protection in the months before a vaccine tailored to the pandemic strain of the virus could be developed and produced." The vaccine will be kept in a federal stockpile and available only through public health officials; it is approved for those 18 to 64 who are at increased risk for H5N1 exposure. 

http://www.fda.gov/bbs/topics/NEWS/2007/NEW01611.html 
....
CASES 

JUDICIAL IMUNITY 

Claimant brought and action based on discrimination because his case was transferred from one Workers’' Compensation Judge to another. The complaint was dismissed based upon the theories of sovereign immunity and absolute quasi-judicial immunity and for the fact that the plaintiff failed to comply with the Tort Claims Act. 

Clark v Hickey, Eak and The State of NJ, 2007 WL 837091 (D.N.J.) 

LIMITED SURGICAL CONSENT RSULTS IN A CAUSE OF ACTION 

A worker who injured his back and gave a limited consent to surgical fusion without the use of implanted cadaver ("allograft") to be utilized was permitted a trial for damages. When the initial surgery went forward a cadaver bone was utilized for the procedure. The fusion failed and the graft was removed at a second surgical intervention. The Court permitted the claim to go forward for damages (non-duplicative) for both breach of contract and the battery cause of action. 

Murphy v. Implicito 2007 WL 1135525 (NJ App. Div 2007) Decided April 18, 2007 

ADDITIONAL TREATMENT DECLINED 

The Appellate Division denied the appeal of a worker who sought additional treatment for a back related injury. The reviewing tribunal upheld the trial court's decision that held that the petitioner had failed to demonstrate that the alleged deteriorating condition requiring the need for surgical intervention and was nothing more than a result of degenerative disc disease superimposed upon a prior compensable back injury (prior award 45% PT). 

Hall v. EGL Company, Inc., 2007 WL 1135839 (NJ App. Div. 2007) 

Email This Article     Print

Copyright 2019 by Jon Gelman, LLC - Attorney at Law. All rights reserved.   |  Privacy Statement  |  Terms Of Use