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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.  

The Workers' Compensation System is Broken Declares California Insurance Commissioner

I have said repeatedly, the workers’ compensation system is broken. Today, I am here to tell you that we are fast approaching the point of no return, meaning if we do not hunker down and make the tough decisions to reform this system now, we face imminent disaster in workers’ compensation. My friends, there is no option, but to control the costs in the system. 

 

Timeline of Asbestos Regulatory and Legislative Activities

1900 Asbestos recognized as a cause of occupational disease (asbestosis) in Charing Cross Hospital, London. A presumptive connection is established.
1918 Insurance companies, including Prudential, refuse to sell insurance to asbestos workers.

Asbestos Ban Recommended by US Geological Survey

 The U.S. Geological Survey (USGS) calls asbestos “a commercial designation for any mineral products composed of strong and flexible fibers, resistant to heat, corrosion, abrasion, and that can be woven.” Despite all of these remarkable properties, known since the time of Aristotle, controversy has followed asbestos due to numerous and well-documented adverse health effects. Various federal and state agencies and private sector organizations grapple with continuing public health concerns, such as the legacy of the Libby, Montana vermiculite mine, possible asbestos risks from the World Trade Center collapse and other related issues. They also continue to address current developments regarding the safety and efficacy of substitutes.

Teacher in verbal attack eligible for workers' comp

A state appeals court ruled Monday that a Kennedy High School teacher is entitled to receive workers' compensation and medical benefits for psychological trauma caused by a co-worker's verbal attack. 

Workers’ Compensation News - April 17, 2003 Volume 1 Issue 6
 **Cases - Reported --Medical provider's failure to pursue an administrative remedy barred a subsequent common law action for indemnification. A...
Workers’ Compensation News - April 17, 2003 Volume 1 Issue 6

 Medical provider's failure to pursue an administrative remedy barred a subsequent common law action for indemnification. A "hold harmless" stipulation contained in a Section 20 disposition requires the respondentto reimburse the petitioner's attorney for defense costs resulting from asubsequent suit seeking reimbursement of medical expenses.

Deal Reached on Federal Smallpox Compensation Plan

Late Wednesday night, April 9th, 2003, Senator Kennedy and White House Chief of Staff Andrew Card reached an agreement on a smallpox compensation bill that, while not perfect, meets many of the objectives that the coalition of labor and the Workplace Injury Litigation Group (WILG) sought to achieve.

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