(c) 2017 Jon L Gelman, All Rights Reserved.

Sunday, November 19, 2017

Client Communications and Equitable Tolling

When injured workers’ have disappointing experiences flowing from work-related injuries the road becomes difficult for all participants in the process, including the attorneys involved. A client’s understanding of the basic process is necessary to prevent future controversies.

Friday, November 17, 2017

NJ Governor-elect Phil Murphy - Department of Labor Transition Team

NJ Governor-elect Phil Murphy today announced his full slate of Transition2018 committees and co-chairs. Members of The NJ Labor and Workforce Development  (NJ-DWD) transition team reflect a strong Labor component, The  NJ-DWD includes the NJ Division of Workers' Compensation.

California Court of Appeal Upholds Landmark Ruling Affirming $1.5 Billion Judgment Ordering the Removal of Lead Paint From Pre-1951 Homes

After a seventeen year legal battle that broke new legal ground, California’s Sixth District Court of Appeal unanimously upheld a lower court decision ordering three lead paint manufacturers to clean up lead paint inside older homes in the County of Santa Clara and nine other California cities and counties. Today’s ruling holds defendants Sherwin-Williams Company, NL Industries, Inc., and ConAgra Grocery Products Company responsible for the public nuisance created by lead paint inside pre-1951 homes.

Sunday, November 12, 2017

USDOT to Test for Additional Drugs

The Department of Transportation is amending its drug-testing program regulation to add hydrocodone, hydromorphone, oxymorphone, and oxycodone to its drug-testing panel; add methylenedioxyamphetamine as an initial test analyte; and remove methylenedioxyethylamphetamine as a confirmatory test analyte. The revision of the drug-testing panel harmonizes DOT regulations with the revised HHS Mandatory Guidelines established by the U.S. Department of Health and Human Services for Federal drug-testing programs for urine testing. This final rule clarifies certain existing drug-testing program provisions and definitions, makes technical amendments, and removes the requirement for employers and Consortium/Third Party Administrators to submit blind specimens.

Amnesty International USA Files a FOIA Request on Burn Pits

Amnesty International USA filed a request under the Freedom of Information Act (FOIA) to seek documents related to the use of burn pits by the U.S. military. For decades, the military has used burn pits producing toxic smoke to dispose of hazardous waste on military bases around the world. More than 100,000 veterans have reported serious health effects following exposure to burn pits, including neurological disorders, rare forms of cancer, reduced lung function and pulmonary diseases.

Thursday, November 9, 2017

US DOL: Workplace Injuries Continue Their Downward Trend

The US Department of Labor reported today that were approximately 2.9 million nonfatal workplace injuries and illnesses reported by private industry employers in 2016, which occurred at a rate of 2.9 cases per 100 full-time equivalent (FTE) workers, the U.S. Bureau of Labor Statistics reported today. (See and Private industry employers reported nearly 48,500 fewer nonfatal injury and illness cases in 2016 compared to a year earlier, according to estimates from the Survey of Occupational Injuries and Illnesses (SOII).