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Articles for 'asbestos'

Workers' Compensation News - February 26, 2008, Volume 5 Issue 501

NJ JURY AWARD $30.3 MILLION - MESO TRIAL - FEB. 2008
HACKENSACK, N.J. -- A jury has reached what is believed to be the highest
asbestos verdict ever in New Jersey, awarding $30.3 million to the surviving
family members of a former automotive worker.

An Atlantic City NJ casino card dealer employed at the Claridge Hotel who was exposed to second hand tobacco smoke was awarded workers' compensation benefits. NJ Judge Cosmo Giovinazzi award $150,00 for lost wages and medical benenfits to a card dealer holding that second-hand tobacco smoke materially contributed to the employee's lung cancer.

Federal-Mogul Wins Court Approval of Settlement Plan for $9.4 Billion Potential Asbestos Claims

Federal-Mogul Corp., auto parts manufacturer, won court approval of a reorganization plan that resolves potentionally $9.4 billion of dollars in asbestos claims that forced the company into bankruptcy six years ago.

Occupational lead exposure, especially to lead paint, has been a well known hazard in the workplace you decades. Recent epidemiological studies demonstrate the causal relationship of exposure to impaired brain function, over time, in adults, results in early aging. Employers and insurance carriers should brace themselves for a wave of claims.

Asbestos Found in Toys Still Being Sold

Asbestos, a know cancer causing agent, has been found in toys still being sold in the US. The CSI Fingerprint Examination Kit and two brands of children's play clay along with many household products still in stores for sale have been reported by the Asbestos Disease Awareness Organization (ADAO).

Dana Corp. Asbestos Settlement Receives Court Approval

Dana Corp. won approval of the US Bankruptcy Court for the potential resolution of 150,000 asbestos claims against the auto parts manufacturer. The settlement will be paid from insurance proceeds.

The US EPA (Environmental; Protection Agency) has published an announcement to seek appointments to its Scientific Advisory Panel with asbestos experts in short course. In a notice published in the Federal Register on October 26, 2007 the US EPA announced a deadline of November 16, 2007.

The House of Lords Steps Backward in Time in Asbestos Compensation

The British House of Lords in a recent decision has take a step backward in time and has ruled that those who suffer pleural plaques (scarring of the lungs) as a result of asbestos exposure are unable to claim compensation. Parliament declared, " If the pleural plaques are not in themselves damage, do they become damage when aggregated with the risk which they evidence or the anxiety which that risk causes? In principle, neither the risk of future injury nor anxiety at the prospect of future injury is actionable. "

Workers' Compensation News - Aug. 10, 2007, Vol. 5 Issue 108


INSURANCE INDUSTRY AGAIN OFFERS MSP LEGISLATION THAT WOULD DISCOURAGE WORKERS' COMPENSATION PERIODIC PAYMENTS
After a failed attempt in the last Congress, the Insurance Industry has again offered similar legislation to encourage "lump sum" settlements in Workers' Compensation hearings, H.R.2549, and circumvent reimbursement of the ailing Medicare program. This legislation failed to gain acceptance in the last Congress as it did not receive the support of interest groups involved in preserving the Medicare system and Labor who continues to support a periodic benefit system in Workers' Compensation.

 	 Workers' Compensation News - July 10, 2007, Vol. 5 Issue 107

FLORIDA EXPANDS INTENTIONAL TORT EXCEPTION

 

Employee's injury was substantial certainty from employer's failure to respond to requests for new ladder did not require proof that employer concealed danger.

 

"Even though case law on the intentional tort exception to workers' compensation immunity is devoid of any defined test that will establish substantial certainty as a matter of law, it is evident that concealment of the dangerous condition is only one of several factors in a nonexclusive list. "

 

Bakerman v The Bombay Company, ___So. 2d____, 2007 WL 1774420 (Fla.), decided June 21, 1007

Workers' Compensation News - June 25, 2007, Vol. 5 Issue 106

NYC CONNECTS AN EXPOSURE TO 911
For the First Time, the City Connects a Death to 9/11 Dust 
New York City’s chief medical examiner, Dr. Charles S. Hirsch, has for the first time directly linked a death to exposure to dust from the destruction of the World Trade Center. 

Workers' Compensation News - April 19, 2007, Vol. 5 Issue 104

FEDERAL LAWSUIT ALLEGES ABUSE OF MEDICARE SYSTEM BY THE STATE OF CALIFORNIA & SEEKS TO RECOVER $20 MILLION IN DAMAGES
Plaintiff claims cost-shifting of workers compensation obligations to Medicare created "work comp reform bubble" that is about to burst  

Workers' Compensation News - March 19, 2007, Vol. 5 Issue 103

RICO CLAIMS RESULTS IN AWARD OF $2.2 MILLION AGAINST INJURED WORKERS
Federal RICO action arising from WC claims results in $2,264,690. Award Against Workers
"The Complaint alleges that the defendants committed violations of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. 1962, violations of the New Jersey State Racketeer Influenced and Corrupt Organization Act, N.J.S.A. 2C:41-2, violations of N.J.S.A. 34:15-57.4(b) (workers’ compensation fraud), common law fraud and conspiracy in connection with the filing and prosecution of fraudulent workers’ compensation petitions against Plaintiff...'
Bath Unlimited, Inc. v Ginarte O'Dwyer, et al., Case 2:04-cv-03919-SRC-RJH Filed 3.14.07 Civ Ac No 04-3919 (SRC) (USDCT NJ 2007)

Owens Corning Settles Asbestos Cases for $5.8 Billion Dollars

Bankruptcy Court Approves Owens Corning’s Plan of Reorganization. Toledo, Ohio – September 26, 2006 – Owens Corning (OWENQ.OB) today announced
that Judge Judith Fitzgerald of the United States Bankruptcy Court for the District of
Delaware approved the company’s Plan of Reorganization. The Bankruptcy Court’s
approval of the plan paves the way for Owens Corning to emerge from bankruptcy by
the end of October 2006.

Workers' Compensation News - JuL 10, 2006, Volume 4 Issue 407
 NJ GOVERNOR CLOSES WORKERS' COMPENSATION COURTS UNTIL FURTHER NOTICE DUE TO STATE BUDGETARY CRISIS Governor Jon S. Corzine today signed an Exec...
Workers' Compensation News - June 10, 2006, Volume 4 Issue 406a

NJ WORKERS' COMPENSATION CLAIMS DECLINE
The NJ DWC reported a 5% decline in the filing of claims in 2005 (37,248) from 2004 (39,212). The statistic also represents a 31% decline from 1992 (54,164). This is consistent with the 25% decline in the number of indemnity claims paid in NJ from from 1992 to 2002 as reported by NJ CRIB. NJ Medical costs have soared 108% during the same period of time while indemnity has risen only 48%..

Workers' Compensation News - April 10, 2006, Volume 4 Issue 406

3rd ANNUAL THIS YEAR IN WORKERS' COMPENSATION: Top Issues & Cases. May. 10, 2006 4p-8p, Pines Manor, Edison, NJ.

Workers' Compensation News - March 10, 2006, Volume 4 Issue 403
 CALIFORNIA Three proposals would revise the governor's overhaul of coverage for those hurt on the job. Three ballot proposals that could cost ...
Workers' Compensation News - February 10, 2006, Volume 4 Issue 402

TAINTED TISSUE AND BONES USED IN TRANSPLANTS 

Congressional Budget Office Again Reports That The Proposed Federal Asbestos Trust Fund Is Inadequate

 The Congressional Budget Office again indicted that the proposed asbestos reform trust fund would be inadequate. In a letter to Senator Spector it commented as follows: "The proposed trust fund might or might not have adequate resources to pay all valid claims. There is a significant likelihood that the fund’s revenues would fall short of the amount needed to pay valid claims, debt service, and administrative costs. There is also some elihood that the fund’s revenues would be sufficient to meet those needs. The final outcome cannot be predicted with great certainty.

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