Reading Room

Caution: Workers’ Compensation Filing Affects 3rd Party Asbestos Statute

Asbestos Litigation

Jon 7005

The rules governing when a claim must be filed as a result of occupational asbestos exposure have been changed by the New Jersey Supreme Court. A signed and sworn workers’ compensation claim petition, even though unsupported by medical diagnosis, is sufficient to impute discovery of the existence of a claim and toll the statute of limitations.

Dependents of Latex Allergic Hospital Worker Awarded Workers' Compensation Benefits

Latex Allergy

Jon 7440

 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. 

A Ticket to Work May Be A Ticket To Jail

Trial Work Period

Jon 20251

 As the available workforce in the United States continues to decrease to historically low levels, disabled workers are being enticed to enter a trap which may lead them to jail. During the last quarter of 1999, the unemployment rate in the United States averaged 4.1%, creating a huge shortage of employable persons. 

Iowa Court Liberalizes Latex Claims

Latex Allergy

Jon 10403

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.  

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Jon 1161

Disclaimer

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Federal Issues Target State Workers' Compensation Claims

Workers' Compensation

Jon 6995

 The battlefield for the assault on state workers’ compensation programs has shifted from the state capitals to the halls of Congress. Industry and their insurers are now shifting gears from an attempt at tinkering with individual systems to a more generalized approach, where assets and energies can be concentrated uniformly through Federal modification of globalized issues that will place into jeopardy the rights of workers and significantly hamper the efforts of their attorneys in seeking recovery under state workers’ compensation systems. 

Burden Relaxed in Heart Disease Claims

Occupational Heart Condition Held Compensable

Jon 7337

The state Supreme Court ruled that workers claiming occupational heart disease need only show that their job substantially contributed to the development of the disease to be awarded compensation. But in the first ruling of its kind in the country, the Court specifically held that smokers can be denied compensation if a job-related disease is principally caused by personal-risk factors such as smoking, obesity or a family history of the illness.

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