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Paint makers’ O.K. to put warning stickers on cans is “an empty gesture that’s too little, too late”—Lynch

 Attorney General Patrick C. Lynch called the agreement announced today requiring paint manufacturers to affix warning labels on paint cans “an empty gesture” apparently designed to influence the verdict of Rhode Island’s upcoming retrial of the lead-paint case. “

Medical Expenses Continue to Soar in Workers' Compensation Claims

  The National Council on Compensation Insurance (NCCI) released its annual “State of the Line” preliminary workers compensation market analysis.

Mesothelioma Deaths Up 3 Fold in Great Britain

The Health and Safety Executive (HSE) has published updated statistics on work related mesothelioma deaths in Great Britain. The statistics show how the risk of death from mesothelioma for different occupational groups compares to the average risk for all occupations together. 

Workers’ Compensation News - May 10, 2003 Volume 1 Issue 10

Medical Expenses Continue to Soar in Workers' Compensation Claims.

We hold the Workers’ Compensation Appeals Board (the Board) may not allow joinder of a new party after the expiration of the one-year statute of limitations for the filing of a serious and willful misconduct claim. (Lab. Code, § 5407.) Accordingly, we annul the WCAB order in this case that permitted joinder.

Fifty Attorneys General Reach Agreement with National Paint and Coatings Association

Attorneys General from 45 states, four jurisdictions and the District of Columbia Corporation Counsel reached an agreement with the National Paint and Coatings Association (NPCA), requiring manufacturers to place warning labels on paint cans and provide consumer education and training about the hazards of lead paint exposure and how to avoid it.  

September 11th Victims Compensation Fund Held Lawful and Valid

US District Court Judge Alvin Hellerstein ruled that that the September 11th Victims Compensation Fund (Fund) was not unconstitutional. The Fund was enacted 11 days after the tragedy of September 11th

Workers’ Compensation News - May 10, 2003 Volume 1 Issue 9

Asbestos Verdict in California Case Worries Insurers A jury verdict in California may lead to a wave of new asbestos litigation that would greatly increase costs for insurance companies,industry experts and plaintiffs' lawyers said yesterday.  

North American Refractory Company Asbestos/Vermiculite Containing Products

North American Refractory Company Asbestos Containing Products

North American Refractories/ Honeywell Asbestos Settlement - Settlement Agreement

 North American Refractories - settlement agreement

Committee on Economic Security (CES) Need for Existing Situation of Workmen's Compensation...- Report, 1934

The need for worker's compensation for employees of common carriers engaged in interstate commerce is essentially what it was when the Sutherland Commission(1) unanimously reported in 1912 in favor of a Federal workmen's compensation legislation for employees of common carriers by railroads engaged in interstate and foreign commerce, for accidents sustained in the course of such commerce.(2) The events of the intervening years have only served to emphasize the superiority of workmen's compensation to employers' liability.

Committee on Economic Security (CES) Workmen's Compensation - Report Nov. 14, 1934

 The desirability of one type of economic and social security-compensation for injury to employees--was recognized more than 40 years ago in the United States. Radical changes in industry had gradually accentuated the inconsistency and injustice of the common law of negligence, under which it was extremely difficult for an employee to obtain redress for an injury. Attempts to correct the defects by enactment of employers' liability statutes created a very complicated situation and provided numerous rules based upon diversified and conflicting reasoning. Employers' liability legislation afforded the injured employee or the dependents a theoretical opportunity to collect damages for the loss in earning power, but for every case in which comparable damages were received, there were many in which nothing at all was recovered, and a large percentage of all allowable compensation went to the lawyers.

Workers’ Compensation News - May 4, 2003 Volume 1 Issue 8

 CASE: SURVELLIANCE VIDEO NOT RELEVANT TO DEMONSTRATE ERROR. Convicted felon held totally disable. Smith v. Polk (1sD Ct App. FL 4.16.03) 

North American Refractories/Honeywell Asbestos Settlement - Work Sites

 List of Approved Job Sites for North American Refractories.

Finding Justice Through Civil Litigation

In America, workers have less protection than all other citizens. All other citizens can sue anyone who injures them and their damages are not arbitrarily limited. Many would argue that the injured worker has superior rights because he must only prove that the injury was caused by the workplace, whereas all others must prove the fault of the wrongdoer.

Verbally Assaulted Teacher Awarded Workers’ Compensation Benefits

 A Paterson school teacher verbally assaulted by another teacher was entitled to receive workers’ compensation benefits, including temporary disability and medical treatment, according to a ruling issued by the NJ Appellate Division. The ruling affirmed the trial court’s decision that allowed benefits to the injured educator. 

Silicosis - What Have We Learned Since the Hawk’s Nest Tunnel Project in 1931?
 In 1929, thirty-five contractors bid on a privately built hydro-electric dam project in West Virginia that required a three-mile-long tunnel dri...
9/11 Victim Compensation Fund Expands Eligibility to Include Injured Rescue Workers and Volunteers

The Victim Compensation Fund is a special program implemented to provide financial compensation to victims of the attacks on the United States on September 11, 2001. 

Medicare Seeks to Expand Its Terms of Involvement in Workers’ Compensation – The Grissom 2003 Memorandum
 CMS (Centers for Medicare and Medicaid Services) issued a 2nd memorandum expanding its potential involvement in compensation matters in an effor...
Medicare Coordination of Benefits - Secondary Payer

Payment under Medicare may not be made for any item or service when payment has been made or can reasonably be expected to be made for such item or service under a workers' compensation (WC) law or plan of the United States or any state. If it is determined that Medicare has paid for items or services that can be or could have been paid for under WC, the Medicare payment constitutes an overpayment.  

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