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Articles for 'asbestos'

NJ Ranks 2nd in Nation for Asbestos Related Deaths

Government Statistics on deaths due to Asbestos-related disease have been released and appear in a recently released report published by the Environmental Working Group of Washington DC. The report reveals that: Camden, Somerset, Middlesex and Bergen have the highest rates in the State of NJ. At Least 2,775 People Have Been Killed by Asbestos in New Jersey Since 1979

 A significant challenge to the rights of injured workers in third party asbestos litigation was introduced in Congress in 1999 by U.S. Senator Orrin G. Hatch (R-UT) in what he termed the "Fairness in Asbestos Litigation Act of 1998", S.2546.

Recent Amendments to the NJ Workers' Compensation Act: Dependnacy Rates / Asbestos Disease Recovery / Notice Requirement Eliminated

 Dependency rates were raise to a uniform 70%, not 100% so the "death penalty" continues. NJSA 34:15-33 was repealed. This effects all occupational claims and eliminates the requirement of notice in all occupational disease claims. This eliminates the conservative case law, ie. Brock.

Insurers Report Record 2003 Profits: Pocket millions while pushing to cut injured workers’ benefits

 Insurance companies are reporting that 2003 was the fattest year on record, while they push to cut meager benefits to injured workers. Many of the insurers writing worker’s compensation policies in California reported “record net income and underwriting income in 2003,” figures in line with other companies’ banner profits.

Workers' Compensation News - February 13, 2004 Volume 2 Issue 7

New Drug Helps Asbestos-Linked Cancer. First Treatment for Rare Lung Cancer. It's not a cure. But a new drug offers precious extra months of life to people with a rare, asbestos-linked cancer.. The drug, Alimta, from Eli Lilly and Company, today received FDA approval for use in combination with cisplatin chemotherapy. It will be used to treat malignant mesothelioma. It strikes some 2,000 Americans each year, mostly due to asbestos exposure. Worldwide, as many as 15,000 people each year are told they will die of mesothelioma.

An Air That Kills: How the Asbestos Poisoning of Libby, Montana Uncovered a National Scandal

 The horrifying true story of the decades-long poisoning of a small town and the definitive exposé of asbestos in America-told by the Pulitzer Prize-winning journalists who broke it.

Workers' Compensation News - February 1, 2004 Volume 2 Issue 5

WORKER AWARDED $12 MILLION - WC BAD FAITH. Court awards $12 million in workers' compensation case. A former nursing home worker has been awarded more than $12 million in a judgment against three insurance companies that denied her workers' compensation claim. The Rapid City jury returned its verdict - $60,000 in compensatory damages and $12 million in punitive damages - last week after a a four-day trial in federal court.''An insurance adjuster is supposed to be like a judge, fair and impartial. ... If you bribe a judge, you get thrown in jail. But they bribe these claims adjusters with bounties that are tied directly to their performance in paying claims.'' 

Halliburton sets aside $1.1billion for claims

 US energy firm Halliburton has revealed a $1.1bn (£607m) charge to cover claims from people suffering from asbestos-related diseases. Halliburton, formerly headed by US vice-president Dick Cheney, yesterday revealed a $947m net loss in the fourth quarter of the year, despite a large increase in revenues from its controversial contracts in Iraq.

Radical Surgery for Mesothelioma: The Epidemic Is Still to Peak and We Need More Research to Manage it

 One in every hundred men born in the 1940s will die of die of malignant pleural mesothelioma, which is almost exclusively a consequence of exposure to asbestos, with a lag time that is rarely less than 25 years and often more than 50 years from first exposure. Half of all cases are now aged over 70, with 80% in men. For a man first exposed as a teenager, who remained in a high risk occupation, such as insulation, throughout his working life, the lifetime risk of mesothelioma can be as high as one in five.w1 There are now over 1800 deaths per year in Britain (about one in 200 of all deaths in men and one in 1500 in women), and the number is still increasing.1 w2 As exposure in the United Kingdom continued until 1980 the peak of the epidemic is still to come, and we need a strategy to manage these patients.

 
The NJ Workers' Compensation Death Penalty Still Continues!

S1522 Concerns workers' compensation for occupational disease claims and workers' compensation benefits rates for surviving dependents.Bills and Joint Resolutions Signed by the Governor

The Truth About the "Unimpaired" Victims of Asbestos Exposure

 The proponents of S.1125, the "Fairness In Asbestos Resolution Act of 2003," have claimed repeatedly that the majority of the awards paid in asbestos cases have gone to individuals who are not truly injured - yet, nothing could be further from the truth. This misleading and false argument is nothing more than an a cynical attempt to use a legal fiction to strengthen a political objective -- which will have the effect of denying injured workers and their families the compensation they deserve.

Workers' Compensation News - January 11, 2004 Volume 2 Issue 2

HEARING LOSS AMONG CARPENTERS--A carpenter uses a Skilsaw to cut wood to build a concrete form. Photo by Rick Neitzel. By age 50, two out of three carpenters have lost so much hearing from occupational noise exposure that they need hearing aids. Researchers at the National Institute for Occupational Safety and Health are studying ways to prevent occupational hearing loss and how to teach carpenters to value good hearing .

Workers’ Compensation News - December 15, 2003 Volume 1 Issue 37

December 1,2003, not approved for publication. Dismissal of the employees petition for benefits for injuries sustained as the result of an assault on him by a co-worker reversed and remanded for the determination of benefits; the co-worker assaulted the employee after the employee had made “some insulting comments and gestures” to the co-worker earlier in the day and just before the assault: the judge of compensation concluded that, while the assault occurred on the job, it did not arise out of the employment; however, what occurred was “both integral and incidental to the conditions of employment,” and it was no different from other “horseplay eases~~ in which benefits were allowed; therefore, the assault arose out of the employment.

Paul Brodeur Speaks Out On Asbestos Litigation

The remarks of politician/physician Sen. Bill Frist before the Senate show him to be so ill-informed about asbestos disease as to make one wonder if he has ever read a medical journal, let alone familiarized himself with the ins and outs of the asbestos litigation. 

Workers’ Compensation News - November 19, 2003 Volume 1 Issue 33
CALIFORNIA - THE DISMATLING OF THE SYSTEM Schwarzenegger convenes special session on workers’ comp Displaying his priorities as the new governor of ...
Workers’ Compensation News - November 3, 2003 Volume 1 Issue 31

911 COMPENSATION PROGRAM FAILS--Mount Sinai's Dr. Stephen Levin said most of his Ground Zero patients have been denied workers' compensation coverage. He called the system "dysfunctional."

Supreme Court Sets High Judicial Threshold For Evaluating Scientific Evidence
For the last few decades, the most compelling issue in an occupational disease case has been the manner in which the workers’ compensation court shoul...
The asbestos company bailout takes my breath away

For 42 years I worked with asbestos on Navy ships and in factories. Now I’m dying of cancer. The asbestos companies knew their product was deadly. It’s there in black and white. That’s why the jury awardedmy family a settlement. ow Congress may pass a law that would bail out these companies by throwing my settlement out the window. I’d have to stand in line and wait for compensation from agiant new federal bureaucracy, which won’t have enough to pay me in the first place.

Workers’ Compensation News - October 13, 2003 Volume 1 Issue 28

 CASES--The compensation judge denied)petitioner’s motion for temporary disability and medical benefits regarding a rotator cuff tear in his right shoulder and problems with his left knee. where the compensable injuries he sustained in his work—related accident had to do with his left shoulder, neck and lower back assessing the conflicting medical testimony the compensation judge found that the new problems were not causally related to the work—related, and that conservative treatment, rather than surgery, was recommended for petitioner’s lower-hack problems.

EPA Downplayed 9-11 Aftermath Toxic Exposures

The September 11, 2001, terrorist attack on the World Trade Center in New York City and the environmental aftermath were unprecedented. Airborne dust from the collapse of the towers blanketed Lower Manhattan and was blown or dispersed into many of the surrounding office buildings, schools, and residences.
This complex mixture of building debris and combustion by-products contained such ingredients as asbestos, lead, glass fibers, and concrete dust. Responding to this crisis required organizations from all levels of government to coordinate their response efforts and to make critical public health and safety decisions quickly, and without all of the data that decision-makers would normally desire.

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