Reading Room

Iowa Court Liberalizes Latex Claims

Jon 9921

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 to a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

Iowa Court Liberalizes Latex Claims

Jon 9922

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 to a long period of occupational exposure will make it easier, less complicated, and less costly for injured workers to claim benefits.  

United States Workers’ Compensation Programs are Becoming Sensitized to Latex

Jon 8041

 Latex allergy sensitivity claims are becoming a more common phenomenon in workers’ compensation systems throughout the United States. Causal relationship between latex exposure and allergic reactions, including anaphylactic shock, has led to the reporting of 23 deaths to the Federal Drug Administration between 1988 and 1995. Although most commonly associated with latex gloves, natural latex rubber is used in more than 40,000 medical, surgical and household products. 

United States Workers’ Compensation Programs are Becoming Sensitized to Latex

Jon 8154

 Latex allergy sensitivity claims are becoming a more common phenomenon in workers’ compensation systems throughout the United States. Causal relationship between latex exposure and allergic reactions, including anaphylactic shock, has led to the reporting of 23 deaths to the Federal Drug Administration between 1988 and 1995. Although most commonly associated with latex gloves, natural latex rubber is used in more than 40,000 medical, surgical and household products. 

Federal Issues Target State Workers' Compensation Claims

Jon 6368

 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. 

Federal Issues Target State Workers' Compensation Claims

Jon 6365

 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. 

Dependents Allowed Workers' Compensaiton Benefits

Jon 4634

 The NJ Supreme Court confirmed that dependents have a separate claim and may file for benefits if the injured worker dies of a work-related disease. In allowing dependents to file their own claims for benefits as a result of a workers' death, the Court confirmed the liberal intent of the law.

Dependents Allowed Workers' Compensaiton Benefits

Jon 4633

 The NJ Supreme Court confirmed that dependents have a separate claim and may file for benefits if the injured worker dies of a work-related disease. In allowing dependents to file their own claims for benefits as a result of a workers' death, the Court confirmed the liberal intent of the law.

Burden Relaxed in Heart Disease Claims

Jon 6615

The state Supreme Court last Thursday 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. 

Burden Relaxed in Heart Disease Claims

Jon 6627

The state Supreme Court last Thursday 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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