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Entries for May 2003

NIOSH Recommendations for Limiting Potential Exposures of Workers to Asbestos Associated with Vermiculite from Libby, Montana

 Vermiculite is a mineral that expands when rapidly heated. Expanded vermiculite is used in construction and consumer materials (e.g., loose-fill insulation, acoustic finishes, spray-on insulation, and concrete mixes for swimming pools), agricultural and horticultural products (e.g., potting mixes and soil conditioners) and in industrial products (e.g., brake shoes and pads, drilling muds, furnaces, and insulation blocks). Expanded vermiculite granules are shaped like small accordions, and vary in color from silver/gold to gray/brown.

 While retaining jurisdiction, the NJ Appellate Division remanded a case that was lingering for 10 years back to the Compensation Judge for an explanation on the record or in writing within 16 days. The Appellate Court stated, “…we do not know why petitioner’s claim did not get a hearing for so many years.”

Workplace poison

A CLASS-ACTION lawsuit filed on behalf of thousands of workers in a now-closed factory in the city of Passaic recalls a tragic chapter in New Jersey's history. America's plastics industry was born in this state, but the dark side of that story is the exposure to toxic chemicals that has caused illness and death for an unknown number of workers.

The Hatch Asbestos Compensation Bill is Unfair to Workers

 Asbestos compensation legislation introduced by Senator Hatch is a regressive measure that relieves manufacturers, employers and insurers of liability and fails to provide fair compensation to victims of asbestos disease.

Labor Calls Senator Hatch’s Asbestos Bill Too Weak

The AFL-CIO is deeply disappointed by Senator Orrin Hatch’s decision to introduce a weak asbestos bill at this time, when negotiations between the interested parties were continuing. The business and insurance communities had promised to make a new offer to the AFL-CIO in negotiations today, but announced this morning that they have been instructed by Senator Hatch to cease their private negotiations with the labor movement. 

National Consumer Awareness Campaign Launched on Vermiculite Insulation Used in Some Home Attics

 The federal government today launched a national consumer awareness campaign to provide homeowners with important information on vermiculite attic insulation, which may contain asbestos. This new campaign, coordinated by EPA and the Agency for Toxic Substances and Disease Registry (ATSDR), instructs homeowners on how to identify vermiculite attic insulation and recommends that people make every effort to not disturb it. Since some vermiculite attic insulation can contain very low levels of microscopic asbestos fibers, it is important that consumers are aware of the precautions they can take to protect against disturbing and inhaling the asbestos fibers.

Paint makers’ O.K. to put warning stickers on cans is “an empty gesture that’s too little, too late”—Lynch

 Attorney General Patrick C. Lynch called the agreement announced today requiring paint manufacturers to affix warning labels on paint cans “an empty gesture” apparently designed to influence the verdict of Rhode Island’s upcoming retrial of the lead-paint case. “

Medical Expenses Continue to Soar in Workers' Compensation Claims

  The National Council on Compensation Insurance (NCCI) released its annual “State of the Line” preliminary workers compensation market analysis.

Mesothelioma Deaths Up 3 Fold in Great Britain

The Health and Safety Executive (HSE) has published updated statistics on work related mesothelioma deaths in Great Britain. The statistics show how the risk of death from mesothelioma for different occupational groups compares to the average risk for all occupations together. 

Workers’ Compensation News - May 10, 2003 Volume 1 Issue 10

Medical Expenses Continue to Soar in Workers' Compensation Claims.

We hold the Workers’ Compensation Appeals Board (the Board) may not allow joinder of a new party after the expiration of the one-year statute of limitations for the filing of a serious and willful misconduct claim. (Lab. Code, § 5407.) Accordingly, we annul the WCAB order in this case that permitted joinder.

Fifty Attorneys General Reach Agreement with National Paint and Coatings Association

Attorneys General from 45 states, four jurisdictions and the District of Columbia Corporation Counsel reached an agreement with the National Paint and Coatings Association (NPCA), requiring manufacturers to place warning labels on paint cans and provide consumer education and training about the hazards of lead paint exposure and how to avoid it.  

September 11th Victims Compensation Fund Held Lawful and Valid

US District Court Judge Alvin Hellerstein ruled that that the September 11th Victims Compensation Fund (Fund) was not unconstitutional. The Fund was enacted 11 days after the tragedy of September 11th

Workers’ Compensation News - May 10, 2003 Volume 1 Issue 9

Asbestos Verdict in California Case Worries Insurers A jury verdict in California may lead to a wave of new asbestos litigation that would greatly increase costs for insurance companies,industry experts and plaintiffs' lawyers said yesterday.  

North American Refractory Company Asbestos/Vermiculite Containing Products

North American Refractory Company Asbestos Containing Products

North American Refractories/ Honeywell Asbestos Settlement - Settlement Agreement

 North American Refractories - settlement agreement

Committee on Economic Security (CES) Need for Existing Situation of Workmen's Compensation...- Report, 1934

The need for worker's compensation for employees of common carriers engaged in interstate commerce is essentially what it was when the Sutherland Commission(1) unanimously reported in 1912 in favor of a Federal workmen's compensation legislation for employees of common carriers by railroads engaged in interstate and foreign commerce, for accidents sustained in the course of such commerce.(2) The events of the intervening years have only served to emphasize the superiority of workmen's compensation to employers' liability.

Committee on Economic Security (CES) Workmen's Compensation - Report Nov. 14, 1934

 The desirability of one type of economic and social security-compensation for injury to employees--was recognized more than 40 years ago in the United States. Radical changes in industry had gradually accentuated the inconsistency and injustice of the common law of negligence, under which it was extremely difficult for an employee to obtain redress for an injury. Attempts to correct the defects by enactment of employers' liability statutes created a very complicated situation and provided numerous rules based upon diversified and conflicting reasoning. Employers' liability legislation afforded the injured employee or the dependents a theoretical opportunity to collect damages for the loss in earning power, but for every case in which comparable damages were received, there were many in which nothing at all was recovered, and a large percentage of all allowable compensation went to the lawyers.

Workers’ Compensation News - May 4, 2003 Volume 1 Issue 8

 CASE: SURVELLIANCE VIDEO NOT RELEVANT TO DEMONSTRATE ERROR. Convicted felon held totally disable. Smith v. Polk (1sD Ct App. FL 4.16.03) 

North American Refractories/Honeywell Asbestos Settlement - Work Sites

 List of Approved Job Sites for North American Refractories.

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