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Owens Corning Settles Asbestos Cases for $5.8 Billion Dollars

Bankruptcy Court Approves Owens Corning’s Plan of Reorganization. Toledo, Ohio – September 26, 2006 – Owens Corning (OWENQ.OB) today announced
that Judge Judith Fitzgerald of the United States Bankruptcy Court for the District of
Delaware approved the company’s Plan of Reorganization. The Bankruptcy Court’s
approval of the plan paves the way for Owens Corning to emerge from bankruptcy by
the end of October 2006.

 City of Akron Sues Lead Manufacturers for Public Nuisance Caused by Lead Pigment  WAYNE, NJ., (October 4, 2006) - Jon Gelman, a prominent attorney representing plaintiffs in toxic exposure claims and Motley Rice LLC, one of the nation's largest plaintiffs' litigation firms, continues to pressure the lead pigment industry to remedy the health crisis caused by lead pigments contained in paints that they manufactured and distributed

Workers' Compensation News - Oct 3, 2006, Volume 4 Issue 409

NEW MEDICARE RECOVERY PROCEEDURE – Medicare Secondary Payer. The Centers for Medicare & Medicaid Services (CMS) is consolidating all of the functions and workloads related to Medicare Secondary Payer (MSP) post-payment recoveries into one MSP recovery contract. The contract for the new national MSP Recovery Contractor (MSPRC) will be implemented on October 2, 2006. 

Suits Filed on Behalf of Several Ohio Cities Allege Lead Manufacturers Created a Public Nuisance.  Jon L. Gelman, a prominent attorney representing plaintiffs as a result of toxic exposures, along with Motley Rice LLC, one of the nation's largest plaintiffs' litigation firms, today announced that it has filed two lawsuits against members of the lead paint industry on behalf East Cleveland, Ohio and Toledo, Ohio. The suits allege that lead pigment manufacturers, including Atlantic Ritchfield, Sherwin Williams, Millennium Holdings, DuPont, ConAgra, and others, helped to create an environmental hazard and significant public health crisis in the state of Ohio by manufacturing, distributing and promoting lead-based paint products long after they were aware of the significant health dangers associated with these products. 

Workers' Compensation News - Sep 1, 2006, Volume 4 Issue 408

PUTTING "FAULT" BACK INTO WORKERS' COMPENSATION. A bill has been introduced into the NJ Legislature in an attempt to legislatively reverse the recent NJ Supreme Court ruling in Tlumac v. High Bridge Stone which reaffirmed the long standing rule that intoxication must be the "sole cause" of an accident in order to deprive an employee of workers' compensation benefits. The proposed legislation, S2166, amends the workers' compensation law to provide that it in employee was intoxicated when the injury or death occurred, it is presumed that the injury or death was caused by the intoxication and the employee will be barred from receiving workers' compensation.

 Questions and Answers for Part D and Workers’ Compensation Medicare Set-aside Arrangements. This memorandum supersedes the Part D and Workers’ Compensation Medicare Set-aside Arrangements (WCMSA) memorandum that was published on December 30, 2005. It includes policy regarding the inclusion of future prescription drug treatment costs/expenses in WCMSAs. 

Why HR 5309 Is Bad for Workers’ Compensation

The proposed legislation is both conceptually flawed and substantively contrary to legislative intent of the workers’ compensation system established throughout the United States. The enactment of this legislation will strip injured workers of benefits that they have been entitled to since 1911.

Workers' Compensation News - JuL 10, 2006, Volume 4 Issue 407
 NJ GOVERNOR CLOSES WORKERS' COMPENSATION COURTS UNTIL FURTHER NOTICE DUE TO STATE BUDGETARY CRISIS Governor Jon S. Corzine today signed an Exec...
Workers' Compensation News - June 10, 2006, Volume 4 Issue 406a

NJ WORKERS' COMPENSATION CLAIMS DECLINE
The NJ DWC reported a 5% decline in the filing of claims in 2005 (37,248) from 2004 (39,212). The statistic also represents a 31% decline from 1992 (54,164). This is consistent with the 25% decline in the number of indemnity claims paid in NJ from from 1992 to 2002 as reported by NJ CRIB. NJ Medical costs have soared 108% during the same period of time while indemnity has risen only 48%..

This unique program featured a panel including some of the most respected workers’ compensation attorneys in the state. They will review and explain procedures and techniques for successful motion practice.

 The NJ Institute for Continuing Legal Education recently presented the 3rd Annual seminar on hot topics and issues in workers' compensation law. A panel of State and national experts addressed important issues that have been identified over the last year.

Workers' Compensation News - May 10, 2006, Volume 4 Issue 405
 CMS RASIES THRESHOLD to $25,000 FOR REVIEW CMS' April 25, 2006 Memorandum regarding WCMSAs and Revision of the Low Dollar Threshold for Medicar...
Workers' Compensation News - April 10, 2006, Volume 4 Issue 406

3rd ANNUAL THIS YEAR IN WORKERS' COMPENSATION: Top Issues & Cases. May. 10, 2006 4p-8p, Pines Manor, Edison, NJ.

WORKERS COMP MATTERS, hosted by Attorney Alan S. Pierce, takes up the topic of Evidence in the Complex Workers Comp Case.

Workers' Compensation News - March 10, 2006, Volume 4 Issue 403
 CALIFORNIA Three proposals would revise the governor's overhaul of coverage for those hurt on the job. Three ballot proposals that could cost ...
Workers' Compensation News - February 10, 2006, Volume 4 Issue 402

TAINTED TISSUE AND BONES USED IN TRANSPLANTS 

Congressional Budget Office Again Reports That The Proposed Federal Asbestos Trust Fund Is Inadequate

 The Congressional Budget Office again indicted that the proposed asbestos reform trust fund would be inadequate. In a letter to Senator Spector it commented as follows: "The proposed trust fund might or might not have adequate resources to pay all valid claims. There is a significant likelihood that the fund’s revenues would fall short of the amount needed to pay valid claims, debt service, and administrative costs. There is also some elihood that the fund’s revenues would be sufficient to meet those needs. The final outcome cannot be predicted with great certainty.

Workers' Compensation News - December 19, 2005, Volume 3 Issue 314

 HOT TOPICS IN WORKERS COMPENSATION LAW ANNOUNCED  3rd Annual THIS YEAR IN WORKERS’ COMP: TOP ISSUES & CASES Wed. May 10, 2005 - Edison, NJ

Proposed Federal Asbestos Act Will Create Massive Inequities in Both Workers' Compensation and Medicare

Statement of Jon L. Gelman Attorney at Law Before the US Senate Committee on the Judiciary Hearing on the Fairness in Asbestos Resolution Act of 2005 January 11, 2005

Workers' Compensation News - November 10, 2005, Volume 3 Issue 313

IT IS ALL ABOUT THE MEDICAL.....It has been widely reported that medical costs exceed the indemnity portion (temporary and permanent disability benefits) in many jurisdictions. This was again confirmed by the recent report issued by NASI (Workers' Compensation: Benefits, Coverage, and Costs, 2003). The business of workers' compensation has now become a reimbursement vehicle for group health carriers. 

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