Reading Room

The current workers' compensation system faces soaring medical costs and an expanding perimeter of liability for bioterrorism.

Connie R. Gates, who was awarded total disability benefits by the Nebraska Workers’ Compensation Court, was awarded Social Security Disability benefits and Supplemental Security Income benefits as a result of her sensitivity to latex products. Former nurse was awarded Social Security Disability benefits and Supplemental Security Income benefits due to her sensitivity to latex products.

A nurse exposed to latex gloves at a New Jersey nursing home has been awarded a Court-approved settlement for continuing medical treatment and medications.  

A Nebraska Workers' Compensation Court has ordered that a personal computer system be furnished to a homebound former healthcare worker suffering from latex sensitivity. This ruling is consistent with a national trend by the courts toward recognizing the catastrophic impact of latex allergy on general life pursuits.

 Janeth McFarlane worked at the Baptist Hospital in Florida for approximately two years prior to November 1, 1996. She had used latex-powdered gloves. Her employer had ordered, but had not received, powder-less gloves. During her employment she did experience some respiratory difficulty but was unaware of the cause. On November 1, 1996, immediately after using latex powdered gloves, she went into respiratory failure. Her co-workers attempted to revive her but were unsuccessful. 

The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in most jurisdictions that each discrete reaction to latex products constitutes a separate injury.

In a landmark case, the Iowa Supreme Court decided that latex allergy/sensitivity claims are to be considered work-related accidents rather than occupational diseases and that sensitized workers are entitled to receive workers' compensation benefits including those for loss of functional ability. The Court's decision to pinpoint the reaction to a specific event rather than a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

Latex allergy sensitivity claims are becoming more common in workers’ compensation systems throughout the United States.