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Articles for 'asbestos'

$6.5 Million Awarded to Woman in Secondhand Asbestos Case Exposure traced to shipyard in '40s

An Alameda County jury has awarded $6.5 million to a Kansas woman dying of cancer, saying that her illness is the result of childhood exposure to asbestos that her parents carried from their shipyard job in the 1940s to their then-San Bruno home.  

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.

 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. 

Manville Sued Tobacco Industry
 The Trustees of the Manville Personal Injury Trust and H.K. Porter Co. targeted the tobacco industry in two separate lawsuits demanding contribu...
 This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards....

 
This was the year that the Court mandated that workers’ compensation actions must comply with specific evidentiary and jurisdictional standards. In a series of cases, the New Jersey Supreme Court highlighted the necessity of strict adherence to the requirements of the Law to those practicing before the Division of Workers’ Compensation. 

Employees Must Notify Employer Within 90 Days of Diagnosis

The NJ Supreme Court has ruled that employees have 90 days to notify their employers after the diagnosis of an occupational disease. If the employee fails to notify his employer, a claim for workers’ compensation benefits may be barred.  

Weighing Standards, Remedial Intent: Parameters Defined for Benefits in Occupational Disease Claims
 The 1996 court term set forth standards for occupational disease claims, defined defenses available, provided interpretation regarding third par...

The nursing home industry is one of America's fastest growing industries. Today nursing homes and personal care facilities employ approximately 1.6 million workers at 21,000 work sites. By the year 2005, industry employment levels will rise to an estimated 2.4 million workers. 

"Late" Notice Permitted in Asbestos Claims

While working in various capacities for approximately 30 years, an employee was exposed to asbestos fiber. During 1987 the employee retired. In 1988 the retired employee consulted with both a lawyer and a doctor. In November of 1989 the employee had actual knowledge that he suffered from asbestosis. 

Court Upholds Asbestos Award - Custodian died after exposure

In a decision that could open the doors to lawsuits by employees harmed by exposure to secondhand smoke or other indirect hazards in the workplace, an appeals court Tuesday upheld benefits for a West Milford custodian who died of cancer after exposure to asbestos in a school. 

Families of Asbestos Workers Vulnerable

Studies linking asbestos to disease began in the early 1900's. Direct exposure to asbestos has been implicated in various diseases, principally mesothelioma, lung cancer, asbestosis, and lung scarring. The risks in all four diseases are closely influenced by dose and duration of asbestos exposure, and they involve long and variable latent periods after initial exposure (20-40 years). 

Asbestos Award Could Be Largest In U.S.

A federal jury in Newark has awarded $5.8 million in compensatory damages to a widow, and her two sons , whose husband died of asbestos-related lung cancer last year. 

The 1989-1990 term provided the court with an opportunity to furnish judicial guidance in interpreting the statutory language of the 1979 Amendments to the Workers' Compensation Act and to expand the principles previously annunciated in prior case law decisions

Haledon Man Sues Asbestos Plant For Wife's Death Due to Mesothelioma

A Haledon man is suing his World War II employer for damages in connection with the death of his wife, claiming that she died from asbestos particles from his job. In what Jon Gelman, a Wayne lawyer, said was the first action of its kind, James D. Parker filed suit yesterday in Superior Court in Paterson, seeking damages from the Union Asbestos and Rubber Co. for the estate of his wife, Angelina, who died of cancer last year at age 61.  

Industrial Disease: The Quest for Recognition--The Need for Adequate Benefits

The concept of a compensable industrial disease has developed only recently and its acceptance has lagged far behind that of industrial accidents. The original Workers' Compensation Acts, as promulgated from the year 1911 forward by many of the states, did not provide for the recognition of occupational illness and disease as compensable events. As demands have been placed upon the medical system to treat and to prevent occupational illness, the legal system, under social, economic, and political pressure, has sought to provide a remedy for the thousands of injured workers who have suffered and who are continuing to suffer from occupational illness and disease. 

Cancer Risk Passes to Kin of Asbestos Workers

Unto the second generation, deadly asbestos fibers are now destroying the lungs of children of Paterson area asbestos workers of the 1940's, most of whom already have succumbed or are totally incapacitated from lung cancers and related diseases. 

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