Reading Room

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

Jon 6318

The rules governing when a claim must be filed as a result of an occupational exposure to asbestos 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.

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

Jon 6473

The rules governing when a claim must be filed as a result of an occupational exposure to asbestos 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

Jon 6511

 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. 

Dependents of Latex Allergic Hospital Worker Awarded Workers' Compensation Benefits

Jon 6506

 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. 

Pennsylvania Adopts The Separate Reaction Theory For Latex Allergy Claims

Jon 6674

The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in a majority of jurisdictions that each discrete reaction to latex products constitutes a separate injury. Even though the worker may have suffered a reaction based upon a cumulative exposure to latex at many employments, the responsibility for compensating the injured worker falls upon the employer where the reaction in question occurred. Evans v. Phoebe Berks Health Care Cr., A98-3954 (Pa.Work.Comp.App.Bd. 2000), decided Feb. 1, 2000. 

Pennsylvania Adopts The Separate Reaction Theory For Latex Allergy Claims

Jon 6666

The Pennsylvania Workers' Compensation Appeals Board has followed the theory adopted in a majority of jurisdictions that each discrete reaction to latex products constitutes a separate injury. Even though the worker may have suffered a reaction based upon a cumulative exposure to latex at many employments, the responsibility for compensating the injured worker falls upon the employer where the reaction in question occurred. Evans v. Phoebe Berks Health Care Cr., A98-3954 (Pa.Work.Comp.App.Bd. 2000), decided Feb. 1, 2000. 

A Ticket to Work May Be A Ticket To Jail

Jon 19663

 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. 

Both industry and government sought legislation that would benefit their own particular interests. Industry lobbied...

A Ticket to Work May Be A Ticket To Jail

Jon 19652

 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. 

Both industry and government sought legislation that would benefit their own particular interests. Industry lobbied...

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.  

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