NY: Benefits Denied to Worker Who Claimed Customer Yelling Caused Hearing Loss

NEW YORK, NY - In a ruling last month, the Supreme Court of New York, Appellate Division, Third Department, reversed a decision of the Workers' Compensation Board, which had ruled that the claimant, who held various customer-related positions between 1987 and her retirement in 2005, had a 20.4% schedule...

LA: Former International Paper Employees Sue for Alleged Hearing Loss

RAPIDES PARISH, LA - TheTownTalk.com reports that more than 150 former employees of International Paper's Pineville mill have filed a lawsuit against IP for alleged hearing loss.

Vuvu What? Vuvuzelas and Hearing Loss

WASHINGTON, D.C. - The NIOSH Science Blog says that the vuvuzela, a plastic, meter-long South African horn being used by sports fans at the South African World Cup, reaches dangerously high decibel levels. NIOSH warns that players, event staff, stadium workers, broadcasters and referees who are repeatedly...

Flame retardants found in butter

Researchers found very high levels of the flame retardant PBDE in one of ten samples of butter. The researchers believe the butter wrapper was the source of contamination, and they speculate that Deca-PBDE, which is being phased out of U.S. production, somehow got into the wrapping. Although the toxicology...

Five Recent Workers’ Comp Cases You Should Know About (9/16/2011) – Sale of Assets to "New" Employer Does Not Mean It is Responsible for 100 Percent of Hearing Loss Claim

Larson's Spotlight on Hearing Loss, Occupational Disease, Dismissal of Claim, Loss of Sight, and RICO. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

Five Recent Workers’ Comp Cases You Should Know About (9/16/2011) – Sale of Assets to "New" Employer Does Not Mean It is Responsible for 100 Percent of Hearing Loss Claim

Larson's Spotlight on Hearing Loss, Occupational Disease, Dismissal of Claim, Loss of Sight, and RICO. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the list below....

CDC Advisory Committee recommends lead poisoning be deemed to start at 5 mcg per dL

Prior posts have noted a number of studies over recent years that have demonstrated the adverse impact of lead at levels below that traditionally considered as indicating "lead poisoning", 10 mcg/dL. Lead poisoning continues to be a serious health problem for young children, especially those...

I Can See Clearly Now, Just Can’t Hear So Good

By Stephen Embry, Embry and Neusner, Groton, Connecticut In the study of the law styled jurisprudence, there are many schools of thought. Some students of the law believe that past cases predict the future and that precedent must prevail. In this philosophy, past words have meaning and are the expression...

Kentucky Workers’ Compensation Board Opinions for August 2012

By Marcus A. Roland, Esq. The Kentucky Workers' Compensation Board rendered 52 decisions for the month of August, 2012. Summaries regarding opinions of note are set forth below. Bush v. Jack Cooper Transport, et al , Claim No. 2007-7362 (August 9, 2012) : This is the claimant's appeal stemming...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (6/3/2013)

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: Abuse-Deterrent OxyContin Formulation Provides Relief to Workers Comp Payers . New DSM-V Arrives Amidst...

Tinnitus and Hearing Loss: Noteworthy AMA Guides Cases

Each year in the medico-legal treatise Occupational Injuries and Illnesses (LexisNexis), we survey court decisions involving the AMA’s Guides to the Evaluation of Permanent Impairment. Here are some interesting cases involving tinnitus and hearing loss where the AMA Guides were applied. Attention...

Injury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here?

By Steven M. Birnbaum, Law Offices of Steven M. Birnbaum, San Rafael, California Section 908(a)(13) (33 U.S.C.S. § 908(a)(13)(E)) defines compensation for disability under the Longshore and Harbor Workers' Compensation Act (33 U.S.C.S. § 901 et seq .) and prescribes that “Determinations...

California: Appellate Court Publishes Opinion Reversed PTD Award Without Apportionment

The Court of Appeal 1st District) has issued an opinion reversing a 100% award for an employee where the Court determined the WCJ and W.C.A.B. ignored substantial evidence of apportionment and remanded the case back to the W.C.A.B. to more fully consider that specific issue. In Acme Steel v W.C.A...

California: A Radical/Diametrical Change in the Law of Apportionment

ACME STEEL v. WCAB (BORMAN): ANOTHER PUBLISHED DECISION FROM THE COURT OF APPEAL REMINDING US ONCE AGAIN THAT LABOR CODE §4663 IS A RADICAL/DIAMETRICAL CHANGE IN THE LAW OF APPORTIONMENT . Attention Lexis Online Subscribers: Citations link to Lexis Advance. For a list of citations that link to...

Update from the Benefits Review Board (May 2014)

By Karen Koenig, Associate General Counsel, Longshore Benefits Review Board, United States Department of Labor Washington, D.C. BRB News On April 30, 2014, Chairman and Chief Administrative Appeals Judge Nancy S. Dolder retired after 29 years of service with the Department of Labor. Judge Betty...

Occupational Hearing Loss - Evaluating an Ounce of Prevention Where There Is No Cure

First-in-its-kind study concludes better testing than that currently mandated could lead to earlier detection of affected workers The old adage “what cannot be cured must be endured” most certainly applies to the permanency of hearing loss. Given the fact that there is no “walking...