New Chemicals Proposed for Addition to California’s Proposition 65 List

By Katherine M. Rahill, Partner, Jenner & Block In December and January, the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment ("OEHHA") announced its intent to add seven new chemicals to the Proposition 65 chemicals list: •...

Formaldehyde is found in a broad range of clothing and household products

Formaldehyde is a Group 1 human carcinogen. Search at Toxnet Toxicology Data Network . In the past, exposure to the populace was often linked to its presence in glues and binders used in furniture and paneling, although it is also found in shampoo, conditioners, and water-based paints. Search at Household...

EPA may be preparing tough report on dioxins in food

Dioxins collectively refers to hundreds of chemical compounds that share certain structures and biological characteristics. See Dioxin . Dioxins fall into three closely related groups: the chlorinated dibenzo-p-dioxins (CDD's) chlorinated dibenzofurans (CDF's), and certain polychlorinated biphenyls...

EPA Releases Final Health Assessment for Tetrachloroethylene (aka Perc)

EPA has posted its final health assessment for tetrachloroethylene (aka perc) to its Integrated Risk Information System (IRIS). Perc is widely used in the dry cleaning industry, although states such as California are requiring that it be phased out. See http://epa.gov/oppt/existingchemicals/pubs/perchloroethylene_fact_sheet...

Organic Does Not Mean Healthy: Organic Brown Rice Syrup has Arsenic and is Widely Used as a Sweetener

Consumers are attracted to organic products because they are perceived to be healthier than conventional food sources. To borrow a phrase from Porgy & Bess (as I have done in the past), it ain't necessarily so. [See http://www.youtube.com/watch?v=kP5O_NUhrK0 .] Organic brown rice syrup has...

New Report Links Fracking to Potential Health Issues

By Steven M. Siros, Partner, Jenner & Block A recent study by the Colorado School of Public Health has linked hydraulic fracturing to elevated levels of petroleum hydrocarbons in the air near drilling sites. The study, to be published in Science of the Total Environment , identified cancer and...

When Organic Does Not Mean Healthy

Consumers are attracted to organic products because they are perceived to be healthier than conventional food sources. To borrow a phrase from Porgy & Bess (as I have done in the past), it ain't necessarily so. [See http://www.youtube.com/watch?v=kP5O_NUhrK0 .] Organic brown rice syrup has...

DNA Predicts Only a Few Disorders

Prior posts have noted that gene functioning can be modified by a number of processes, such as methylation. Recently animal tests have found that some of these modifications are passed on to off-spring even though no change is made to the gene itself, only to its expression. Prior posts have also noted...

Stress May Increase Inflammation and the Diseases Associated Therewith

Prior posts have noted that for toxic torts causation is the central focus, and that it is very difficult to prove. Prior posts have also noted that the makeup of the bacteria in one's GI tract can have a major influence on generating inflammation; a healthy diet can modify the makeup of these bacteria...

Workplace Wellness Programs Return on Investment and Implementation Tips

By Rebecca A. Shafer, J.D., President, Amaxx Risk Solutions, Inc. Michael Stack, Editor and Director of Operations, Amaxx LLC. Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, LexisNexis Workers’ Compensation Law Community Of the many workers’ compensation cost...

Workplace Wellness Programs Return on Investment and Implementation Tips

By Rebecca A. Shafer, J.D., President, Amaxx Risk Solutions, Inc. Michael Stack, Editor and Director of Operations, Amaxx LLC. Robin E. Kobayashi, J.D., LexisNexis Legal & Professional Operations, LexisNexis Workers’ Compensation Law Community Of the many workers’ compensation cost...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/18/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: NCOIL Adopts Model Law to Rein in Repackaged Drug Pricing . NCCI Releases Calendar-Year Underwriting...

Toxic Torts: More carcinogens enter the fray for consideration as alternatives for causation

As has been frequently noted in prior posts, toxic torts are all about causation. Whenever a plaintiff alleges a particular type of disease or injury, alternatives need to be evaluated. This is especially so in the world of chemical exposure since many diseases or injuries can derive from a multitude...

Presumption of Cancer 3.5 Years Post-Employment: Cal. Comp. Cases September Advanced Postings (9/5/2013)

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2013 LexisNexis. All rights reserved. City of Fresno, PSI, c/o AARLA, Petitioner v...

Can a Successful Workplace Wellness Program Improve A Company’s Stock Market Performance?

By Teresa McLoughlin Rice, Esq. As companies grapple with ever-increasing healthcare costs, an intriguing notion that boosting employee health and safety can also boost company profitability, has been gaining traction. To test the soundness of this premise, HealthNEXT LLC recently undertook a study...

NY: No Apportionment of Death Benefits Where Death was Caused 80 percent by Unrelated Cancer

The Court of Appeals of New York recently affirmed a lower court’s decision that awarded full death benefits to an employee’s widow where expert medical evidence indicated that the employee’s death had been caused 80 percent by thyroid cancer and 20 percent by work-related asbestosis...

The Role of Presumptions Within the Workers’ Compensation Arena

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. At the core of the American system of workers’ compensation law is the grand bargain struck between...

New Study Shows Correlation (But No Direct Causal Link) Between Firefighting and Cancer

It is axiomatic that firefighting is a hazardous occupation. But should the more insidious risk of developing cancer be added to list of more obvious hazards faced? Building on previous research that seems to point in this direction, a recent study, Mortality and cancer incidence in a pooled cohort of...

California's OEHHA Adds New Chemical to Proposition 65 List, Setting up Product Manufacturers/Distributors as Targets to Eager Plaintiffs' Bar

The California Office of Environmental Health Hazard Assessment (OEHHA) announced that it will add diisononyl phthalate (DINP) to the list of chemicals known to the State to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (widely known as Proposition 65). DINP is...

Ohio: Survivors of Worker Who Lapsed Into Coma Shortly Before Death Entitled to Scheduled Benefits in Additional to Death Benefits

Continuing a line of controversial decisions in which the survivors of a deceased employee are allowed to recover not only statutory death benefits following the death of the employee from work-related injuries or occupational diseases, but also scheduled loss of use benefits because, just prior to his...

California Proposes Enhanced Prop. 65 Warnings and Possible Online Disclosures - Dietary Supplements and Foods Specially Targeted

The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it is considering implementation of the most significant changes to Prop. 65 regulations in more than two decades. OEHHA has posted the draft regulation and Initial Statement of Reasons on its website. Passed...

Florida Judge Declares Mistrial In Tobacco Case Because Of Witness Statement (Watch The Videos)

VIERA, Fla. — (Mealey’s) A state court judge sitting in the Brevard County, Fla., 18th Judicial Circuit Court entered a mistrial on Sept. 26 after two weeks of trial in a wrongful death action brought by the widow of a longtime smoker because of a comment made by an expert witness for the...

Parties Dispute Nicotine Addiction Issue In Florida Suit’s Opening Statements (Watch The Videos)

TAMPA, Fla. — (Mealey’s) Trial got under way on Sept. 26 with opening statements in the Hillsborough County, Fla., 13th Judicial Circuit Court in a suit alleging that a woman’s death from lung cancer was caused by her 40 years of smoking ( James Lourie, et al. v. R.J. Reynolds Tobacco...

Adult Children Can Receive Lifetime Death Benefits: Cal. Comp. Cases October Advanced Postings (10/1/2014)

Here’s the second batch of advanced postings for the October 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Alameda County Fire Department...

New York: Causal Connection Between Rare Cancer and Employment Chemical Established

A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that the deceased employee’s ureteral cancer was causally connected to his employment exposure to a chemical, orthotoluidine. While the chemical is known to cause bladder cancer, there were no studies...