December 5, 2021

Tuckpointing and Cancer

December 5, 2021

According to scientific studies, workers who remove deteriorated mortar between bricks, commonly known as tuckpointing, may be exposed to crystalline silica at concentrations up to 100 times the National Institute for Occupational Safety and Health (NIOSH) recommended exposure limit. Inhaling and breathing silica dust can lead to the development of silicosis, lung cancer, kidney disease, reduced lung function and other disorders. Although no effective treatment exists still for silicosis, preventing the exposure to dust containing this crystalline silica is vital for safety. Generally, a tuck-pointer or brick worker will use a grinder to perform the task. The silica dust is very hard to control. There are very important safety precautions to take. These include proper vacuums, hoses, and an exhaust shroud to minimize or contain this deadly silica dust. Foundries are also hazardous locations for silica. As with any dust such as silica asbestos, or chemicals, a proper respirator and properly ventilated areas are key to health environments. Silicosis is a life changing disease. We represent injured/exposed workers and their families for the damage done from exposure.

At Schmidt-Salita Law Team we discuss your employment history and have significant records with known chemicals, carcinogens or asbestos-containing materials and job sites including silica in brick work or tuckpointing. We have handled many cases on behalf of employees and their families. We pursue claims and lawsuits against those employers, mining companies, manufacturers and third parties for medical care, lost earnings/wage loss, the victim’s pain and suffering if appropriate, or the survivors’ losses. We are honored to talk to you about your rights. Please contact us at

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

April 15, 2020

Workers' Compensation

COVID-19 Workers' Compensation Presumption

Douglas Schmidt

April 15, 2020

Workers' Compensation

The Schmidt & Salita Law Team is excited and proud to announce brand new legislation regarding COVID-19 exposure for Minnesota Workers’ Compensation claims. The new bill, which was passed April 7, 2020, provides certain workers in the front-line fight against COVID-19 with a presumption of exposure in their workplace. Attorney Dean Salita—who has committed his career to helping those workers injured or exposed to occupational hazards in the workplace—played a significant role in drafting the bill’s language and negotiating for expanded benefits for Minnesotans on the front line of fighting this virus. This new bill means that specific Minnesota employees will be presumed to have contracted COVID-19 from their workplace and are therefore entitled to worker's compensation benefits by default. The Preumption is similar to Firefighters and Cancer diagnosis.

Specific workers who will be entitled to workers’ compensation benefits from a COVID-19 diagnosis as a presumption include:

· Licensed Peace Officers

· Firefighters

· Paramedics

· Nurses and Health Care Workers

· Correctional Officers

· Emergency Medical Technicians

· Health Care Providers employed in a home-care and long-term care setting, and

· Employees providing required childcare to children of first responders and health care workers, as defined by Executive Order.

Those in the specific groups above who tested positive or were diagnosed by a doctor, physician’s assistant, or advanced-practice registered nurse are presumed to have contracted COVID-19 in the course and scope of their employment. This entitlement to benefits can only be rebutted if the employer and insurer affirmatively show that employment was not a direct cause. This is a very high burden that insurers are unlikely to meet.

This does not mean that employees who are not in the listed groups cannot bring a worker's compensation claim as a result of COVID-19 exposure, it simply means they have to prove they contracted it at work. All Minnesotans have a part in the fight against COVID-19, and the Schmidt & Salita Law Team continues to be committed to helping those injured or exposed in the workplace. Leave the burden of fighting for your work compensation benefits to the experienced and passionate attorneys and legal team at Schmidt & Salita Law Team. We know and understand the law. We helped write and negotiate it to help those in the front line. We are very appreciative of them. Dean Salita and the Schmidt & Salita Law Team are very proud to have been a part of this bill that will provide benefits to those who truly deserve our highest accolades at this time. They are heroes. Many thanks to all who have helped in this fight for Minnesota workers.

At Schmidt-Salita Law Team we discuss your employment history and where you may have contacted COVID-19. We are handling COVID-19 cases on behalf of employees and their families. We pursue claims and lawsuits against those employers, for medical care, lost earnings, the victim’s pain and suffering, or the survivors’ losses. Please contact us at

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

February 20, 2020

Workers' Compensation

OCCUPATIONAL/WORKPLACE CANCER

Douglas Schmidt

February 20, 2020

Workers' Compensation

A very nice concise and informative article by the Institution of Occupational Safety and Health (IOSH). It reads:

Occupational cancer is caused wholly or partly by exposure to a cancer causing agent (carcinogen) at work, or by a particular set of circumstances at work.

Cancer is not a single disease with a single cause or treatment. It develops when cells in the body grow in an uncontrolled and abnormal way. There are numerous types of cancer, each with its own name and treatment and different types of cancer have their different sets of causes. Many occupational cancers affect respiratory organs, or the skin or liver. An individual’s risk of developing a cancer is influenced by a combination of factors including personal habits such as smoking and alcohol consumption, genetics, personal characteristics such as gender, ethnicity, age, exposure to carcinogens in the environment and so on.

Statistics

Thousands of people die each year from cancer due to occupational causes. It is estimated that occupational cancers are a leading cause of work-related death worldwide. Asbestos related diseases alone account for at least 100,000 deaths worldwide each year. I

It is difficult to determine a true figure for occupational cancers because of the latent nature of the disease. An individual might be exposed to a cause of cancer and not develop any noticeable symptoms until many years later. With current people moving between different job roles and companies, it can be difficult to determine a specific exposure or cause.

What causes occupational cancer?

Occupational cancer is caused by exposure to carcinogens in the workplace. Carcinogens are agents that cause the development or increase the incidence of cancer. There are three different types of occupational carcinogens:

Biological carcinogens - some micro-organisms such as viruses have been known to cause cancer, either by damaging cells directly or by decreasing the body’s ability to control abnormal cells, for example Hepatitis B, HIV viruses and so on.

Chemical carcinogens - a number of chemicals are known to be carcinogenic. These chemicals may occur naturally, such as asbestos, be manufactured like vinyl chloride, or be by-products of industrial processes, for example, polycyclic aromatic hydrocarbons.

Physical carcinogens - agents such as ionising and ultraviolet (UV) radiation have the potential to cause cancer. Examples of ionising radiation include X-rays and alpha, beta and gamma radiation. UV radiation can be divided into a number of bands such as UV-B, UV-C etc, some of which are known to cause skin cancer.

Certain occupational circumstances, such as working as a painter or as a welder are also associated with increased risks of some occupational cancers. Occupational cancer can arise from exposure to many substances or from certain occupational circumstances such as:

Asbestos fibers (colorectum, larynx, lung, ovary, pharynx, stomach cancers, mesothelioma)
Wood dusts (nasopharynx, sinonasal cancers)
UV radiation from sunlight (skin cancers)
Metalworking fluids and mineral oils (bladder, lung, sinonasal, skin cancers)
Silica dust (lung cancer)
Diesel engine exhaust (bladder, lung cancers)
Coal tars and pitches (non-melanoma skin cancer)
Arsenic (bladder, lung, skin cancers)
Dioxins (lung cancer)
Environmental tobacco smoke (passive smoke) (lung cancer)
Naturally occurring radon (lung cancer)
Tetrachloroethylene (cervix, non-hodgkin’s lymphoma, oesophagus cancers)
Work as a painter (bladder, lung)
Work as a welder (lung cancer, melanoma of the eye)

The International Agency for Research on Cancer (IARC) lists over 50 substances which are known or probable causes of workplace cancer, and over 100 other possible substances.

At Schmidt-Salita Law Team we discuss your employment history and have significant records with known chemicals, carcinogens or asbestos-containing materials and job sites . We have handled many cases on behalf of employees and their families. We pursue claims and lawsuits against those employers, mining companies, manufacturers and third parties for medical care, lost earnings, the victim’s pain and suffering, or the survivors’ losses. Please contact us at

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

January 27, 2020

Abestos

Asbestos kills 12,000-15,000 per year

Douglas Schmidt

January 27, 2020

Abestos

Asbestos kills 12,000-15,000 people per year.

At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES,INCLUDING ASBESTOS< MESOTHELIOMA AND RELATED CANCERS> WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

An excellent article by Sonya Lunder of the Environmental Working Group. Look up their good work.

Fifty years after a landmark medical study definitively established that asbestos kills, the exact death toll remains unknown (Selikoff 1964).

EWG Action Fund’s exclusive analysis finds that exposure to asbestos kills at least 12,000 to 15,000 Americans a year. Despite a significant reduction in the use of asbestos since the 1980s, the number of annual deaths held steady for more than a decade, because asbestos-related diseases may not strike victims for decades after they were exposed to these dangerous mineral fibers.

From 1999 to 2013, the years for which data are currently available, we have estimated the number of deaths from asbestos exposure in the U.S. at 189,000 to 221,000 people, or 12,000 to 15,000 deaths a year (Figure 1). Those figures are based on a review of federal records of deaths from diseases caused exclusively by asbestos, plus a calculation using a formula developed by international cancer researchers to estimate the number of lung cancer deaths likely caused by asbestos (CDC 2015, McCormack 2012). Asbestosis and Mesothelioma deaths compiled from CDC WONDER database, 1999-2013. Estimates of lung cancers attributed to asbestos exposure from McCormack 2012 study.

A more exact number can’t be pinned down, because asbestos-related deaths are not precisely recorded or reported by public health authorities. Our estimate is conservative.

Asbestos exposure is not usually listed as a cause of death for lung cancer victims, even though researchers believe that many more people die of lung cancer triggered by asbestos than of other diseases exclusively associated with asbestos. Nor does our estimate account for undiagnosed diseases or errors on death certificates that result in misclassification of asbestos-related diseases.

Three major diseases are caused by inhalation of airborne asbestos fibers:

Mesothelioma is a rare and always fatal cancer that strikes the mesothelium, a thin membrane lining the lungs, heart, chest cavity, gastrointestinal system and reproductive organs. Mesothelioma is primarily caused by exposure to asbestos (ACS 2015). For the purpose of this analysis all mesothelioma victims are presumed to have been exposed to asbestos at some point in their lives.

Asbestosis is caused by inhaled asbestos fibers that lodge deep in the lungs, scarring the organs or triggering the growth of excess tissue, a condition known as fibrosis. Asbestosis makes breathing excruciatingly painful and often leads to death from lung or heart failure; the victim essentially suffocates. There is no known cure. Because its symptoms are similar to other respiratory diseases, asbestosis may not always be recorded as the cause of death.

Lung cancer can be caused by inhalation of asbestos fibers. Estimating the number of lung cancer deaths attributable to asbestos exposure is difficult, since death certificates citing the cause of death as lung cancer do not indicate if the person had any exposure to asbestos. However, we estimate that many more people die of asbestos-related lung cancer than from mesothelioma or asbestosis.

Researchers believe that some cancers of the larynx, ovaries, stomach and colorectal area are triggered by asbestos exposure (NAS 2006). The number of cases is impossible to estimate based on existing evidence. It is likely fewer people die from these cancers than from mesothelioma, asbestosis or lung cancer.

EWG Action Fund searched the WONDER database of the U.S. Centers for Disease Control and Prevention, which currently holds Multiple Causes of Death files for all fatalities recorded for the years 1999 to 2013 (CDC 2015). We obtained data for deaths from mesothelioma and asbestosis. Asbestosis is a non-cancer respiratory disease attributed to asbestos exposure. Because the files allow local health officials to record more than one cause of death, we counted all deaths for which mesothelioma or asbestosis is listed as the primary or contributing cause.

The data show that between 1999 and 2013, mesothelioma was listed as the cause of 39,870 deaths, or about 2,848 a year (ICD-10 code C45). Asbestosis was listed as the cause of 20,317 deaths, or about 1,451 a year (ICD-10 code J61). Both conditions are listed as the causes of 1,285 deaths, or about 92 people per year (Table 1).

Asbestosis was recorded as the primary cause of death in the cases of 40 to 50 percent of asbestosis victims. In the remainder, asbestosis was recorded as a contributing cause. As a result, our estimates of asbestosis deaths are higher than those of the Centers for Disease Control, which counts only the primary cause of death (CDC 2008, Bang 2013).

Yet our estimates are still conservative, because some unknown number of deaths may have been attributed to pneumonia, other respiratory disease or lung fibrosis of unknown origin (Reynolds 2014). If doctors failed to ask patients about asbestos exposure, or if patients were unaware they had been exposed to asbestos, the death certificate would not mention asbestos as a cause.

Mesothelioma and asbestosis are only part of the devastation wrought by asbestos. Studies of people who worked with asbestos indicate that they have higher rates of lung cancer as well. However, there has been little effort to tally the toll of asbestos-related lung cancer.

Most lung cancer in the U.S. results from cigarette smoking. Studies of smokers exposed to asbestos consistently find higher rates of lung cancer than among smokers who were not exposed (Moon 2013). The combination of asbestos exposure and smoking is particularly deadly.

The increased risk of lung cancer in a given group of people depends on how much they smoked and on the severity and timing of their asbestos exposure, making it difficult to estimate risks for the general population from a single study. Because asbestos is essentially the sole cause of mesothelioma, and mesothelioma risk is not influenced by smoking, many studies have attempted to estimate the number of asbestos-related lung cancer deaths based on the number of mesothelioma deaths.

Scientists at the International Agency for Research on Cancer, part of the United Nations’ World Heath Organization, reviewed 55 studies that reported the rates of both lung cancer and mesothelioma in groups of people exposed to asbestos (McCormack 2012). In a study published in 2012, these scientists suggest that the best way to estimate asbestos-related lung cancer in a population is based on the number of mesothelioma deaths for that group. Their analysis suggests that there are 3.2 to 4 lung cancer deaths in the U.S. for every mesothelioma death among individuals exposed to asbestos.

Applying this ratio to the Centers for Disease Control death certificate records for mesothelioma mortality, we calculated that between 1999 and 2013 an estimated 127,579 to 159,480 Americans died of lung cancer caused by asbestos exposure – about 8,500 to 10,600 deaths a year (Table 2). This suggests that asbestos-related deaths from lung cancer dwarfs both asbestosis and mesothelioma.

Still, the number of lung cancer deaths EWG Action Fund estimates with this method may also be too low, according to Richard Lemen, a former U.S. assistant surgeon general who now heads the Science Advisory Panel of the Asbestos Disease Awareness Organization. Dr. Lemen believes the number of lung cancer deaths would have been greater if the authors of the International Agency for Research on Cancer study had based their calculation on fewer and higher quality mortality studies (Lemen 2013). Indeed, a recent review of occupational studies found that studies with better data collection and longer followup of participants produced higher estimates of lung cancer deaths. (Lenters 2011, 2012).

Another review by the World Health Organization says the number of lung cancer deaths could be greater than the first study estimates. It says that in workers exposed to chrysotile, the most common type of asbestos, lung cancer deaths are six times higher than mesothelioma deaths (WHO 2014). If this were true for the U.S. population the number of asbestos-related lung cancer deaths would be much greater than we estimate. More research is urgently needed to clarify the asbestos-related lung cancer burden for Americans.

All told, when annual deaths from lung cancer, mesothelioma and asbestos are tallied, the scale of asbestos mortality is staggering. We calculate that from 1999 to 2013, between 11,586 and 15,510 Americans died each year from asbestos-related diseases. Over this period there was no apparent decline in asbestos deaths. For those who were exposed years ago but may not yet show symptoms, the prognosis is grim, although research to find a mesothelioma cure continues. To keep even more victims from exposure, suffering and death, the nation needs a total ban on asbestos.

References:

American Cancer Society. 2015. Asbestos. http://www.cancer.org/cancer/cancercauses/othercarcinogens/intheworkplace/asbestos

Bang KM, Mazurek JM, Wood JM, et al. 2014. Diseases Attributable to Asbestos Exposure: Years of Potential Life Lost, United States, 1999-2010. American Journal of Industrial Medicine. 57:38-48.

CDC. 2015. Wide-ranging Online Data for Epidemiologic Research (WONDER), Multiple Causes of Mortality files. Center for Disease Control, http://wonder.cdc.gov/mcd.html, queried March 2015.

CDC. 2008. Asbestosis-Related Years of Potential Life Lost Before Age 65 Years – United States, 1968–2005. Centers for Disease Control, Morbidity and Mortality Weekly Report. 57(49):1321-1325. http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5749a1.htm

Lemen R, Frank AL, Soskolne CL, Weiss SH, Castleman B. 2013. Comment on ‘Estimating the asbestos-related lung cancer burden from mesothelioma mortality’ – IARC and Chrysotile Risks. British Journal of Cancer 109:823-825.

Lenters V, Vermeulen R, Dogger S, et al. 2011. A Meta-analysis of Asbestos and Lung Cancer: Is Better Quality Exposure Assessment Associated with Steeper Slopes of the Exposure–Response Relationships? Environ Health Perspect. 119(11):1547–1555.

Lenters V, Burdorf A, Vermeulen R, et al. 2012. Quality of Evidence Must Guide Risk Assessment of Asbestos. Ann Occup Hyg. 56(8):879-87

McCormack V, Peto J, Byrnes G, Straif K, Boffetta P. 2012. Estimating the asbestos-related lung cancer burden from mesothelioma mortality. British Journal of Cancer. 106:575-584.

Moon EK, Son M, Young-Woo J, et al. 2013. Variations of Lung Cancer Risk from Asbestos Exposure: Impact on Estimating of Population Attributable Fraction. Industrial Health. 51:128-133.

National Academy of Sciences. 2006. Asbestos: Selected Cancers. June 2006. https://www.iom.edu/Reports/2006/Asbestos-Selected-Cancers.aspx

Reynolds C, et al. 2014. Occupational lung disease: Idiopathic Pulmonary Fibrosis, Mesothelioma, and Asbestosis Mortality Trends For England And Wales: Is Asbestos Exposure Associated With IPF? Thorax 2014;69:A4-A5 doi:10.1136/thoraxjnl-2014-206260.9

Selikoff IJ, Churg J, Hammond EC. 1964. Asbestos Exposure and Neoplasia. Journal of the American Medical Association. 188:22-6.

WHO. Chrysotile Asbestos. 2014. World Health Organization. March 2014. http://www.who.int/ipcs/assessment/public_health/chrysotile_asbestos_summary.pdf

Douglas Schmidt

December 20, 2019

Workers' Compensation

New OSHA Standards for Silica

Douglas Schmidt

December 20, 2019

Workers' Compensation

This description from a recent seminar is a good explanation for the OSHA new standard and why those who work with silica need to know. Crystalline silica is a common mineral found in the earth's crust. Materials like sand, stone, concrete, and mortar contain crystalline silica. It is also used to make products such as glass, pottery, ceramics, bricks, and artificial stone. Silica is a mineral made up of silicon and oxygen, two of the most common elements on the planet. It comes in several forms, although by far the most common is crystalline silica. Crystalline silica is so abundant that it makes up over 12% of the earth's crust, making it the second-most common mineral on the planet.

Respirable crystalline silica means quartz and quartz is the most common of these, which transforms into cristobalite when heated at high temperatures (over 1450 °C). The presence of Cristobalite, and/or tridymite, which are contained in airborne particles, can be determined to be respirable size particles by performing a specific type of air sampling.

Respirable crystalline silica are very small particles that are at least 100 times smaller than ordinary sand you might find on beaches and playgrounds. It is created when cutting, sawing, grinding, drilling, and crushing stone, rock, concrete, brick, block, and mortar. Activities such as abrasive blasting with sand; sawing brick or concrete; sanding or drilling into concrete walls; grinding mortar; manufacturing brick, concrete blocks, stone countertops, or ceramic products; and cutting or crushing stone can result in unprotected workers being exposed to respirable crystalline silica dust.

Industrial sand used in certain operations, such as foundry work and hydraulic fracturing (fracking), is also a source of respirable crystalline silica exposure. About 2.3 million people in the U.S. are exposed to silica at work.

Workers who inhale these very small crystalline silica particles are at increased risk of developing serious silica-related diseases, including:

Silicosis, an incurable lung disease that can lead to disability and death
Lung cancer
Chronic obstructive pulmonary disease (COPD)
Kidney disease

To protect workers exposed to respirable crystalline silica, OSHA has issued two respirable crystalline silica standards: one for construction, and the other for general industry and maritime. The recently updated standard lowered the permissible exposure limit for the employee and provides the employer options in determining and developing the best control methods for their work sites.

At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

December 9, 2019

Mesothelioma

Douglas Schmidt

December 9, 2019

Mesothelioma

Have you or a loved one recently been diagnosed with mesothelioma or has a loved one recently passed away from this unfortunate disease?

The Mayo Clinic, via their website, gives an excellent outline of this asbestos cancer. Malignant mesothelioma (me-zoe-thee-lee-O-muh) is a type of cancer that occurs in the thin layer of tissue that covers the majority of your internal organs (mesothelium).

Mesothelioma is an aggressive and deadly form of cancer. Mesothelioma treatments are available, but for many people with mesothelioma, a cure isn't possible.

Doctors divide mesothelioma into different types based on what part of the mesothelium is affected. Mesothelioma most often affects the tissue that surrounds the lungs (pleura). This type is called pleural mesothelioma. Other, rarer types of mesothelioma affect tissue in the abdomen (peritoneal mesothelioma), around the heart and around the testicles.

Symptoms

Signs and symptoms of mesothelioma vary depending on where the cancer occurs. Tell your doctor if you've been exposed to asbestos.

Pleural mesothelioma, which affects the tissue that surrounds the lungs, causes signs and symptoms that may include:

Chest pain
Painful coughing
Shortness of breath
Unusual lumps of tissue under the skin on your chest
Unexplained weight loss

Peritoneal mesothelioma, which occurs in tissue in the abdomen, causes signs and symptoms that may include:

Abdominal pain
Abdominal swelling
Nausea
Unexplained weight loss

Most people with mesothelioma were exposed to the asbestos fibers at work. Workers who may encounter asbestos fibers include:

Asbestos miners
Electricians
Plumbers
Pipefitters
Insulators
Shipyard workers
Demolition workers
Brake mechanics
Selected military personnel
Home remodelers

Asbestos exposure: The primary risk factor for mesothelioma

Most mesotheliomas are thought to be related to asbestos exposure. Asbestos is a mineral that's found naturally in the environment. Asbestos fibers are strong and resistant to heat, making them useful in a wide variety of applications, such as in insulation, brakes, shingles, flooring and many other products.

When asbestos is broken up, such as during the mining process or when removing asbestos insulation, dust may be created. If the dust is inhaled or swallowed, the asbestos fibers will settle in the lungs or in the stomach, where they can cause irritation that may lead to mesothelioma. Exactly how this happens isn't understood. It can take 20 to 60 years or more for mesothelioma to develop after asbestos exposure.

Most people with asbestos exposure never develop mesothelioma. This indicates that other factors may be involved in determining whether someone gets mesothelioma. For instance, you could inherit a predisposition to cancer or some other condition could increase your risk.

Factors that may increase the risk of mesothelioma include:

Personal history of asbestos exposure. If you've been directly exposed to asbestos fibers at work or at home, your risk of mesothelioma is greatly increased.
Living with someone who works with asbestos. People who are exposed to asbestos may carry the fibers home on their skin and clothing. Exposure to these stray fibers over many years can put others in the home at risk of mesothelioma. People who work with high levels of asbestos can reduce the risk of bringing home asbestos fibers by showering and changing clothes before leaving work.
A family history of mesothelioma. If your parent, sibling or child has mesothelioma, you may have an increased risk of this disease.

Other forms of mesothelioma

Signs and symptoms of other types of mesothelioma are unclear, since these forms of the disease are very rare.

Pericardial mesothelioma, which affects tissue that surrounds the heart, can cause signs and symptoms such as breathing difficulty and chest pains.

Mesothelioma of tunica vaginalis, which affects tissue surrounding the testicles, may be first detected as swelling or a mass on a testicle.

Complications

As pleural mesothelioma spreads in the chest, it puts pressure on the structures in that area. This can cause complications, such as:

Difficulty breathing
Chest pain
Difficulty swallowing
Pain caused by pressure on the nerves and spinal cord
Accumulation of fluid in the chest (pleural effusion), which can compress the lung nearby and make breathing difficult.

At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

November 26, 2019

Workers' Compensation

Welding increases Lung cancer risk

Douglas Schmidt

November 26, 2019

Workers' Compensation

Medical studies show that welding, whether on a regular basis or temporary in nature, increases the risks of cancer. Specifically, Lung Cancer. One study from the American Journal of Epidemiolgy, (Am J Epidemiol. 2013 Nov 15; 178(10): 1513–1525., Published online 2013 Sep 19. doi: 10.1093/aje/kwt201) states as follows.

Several epidemiologic studies have indicated an increased risk of lung cancer among welders. We used the SYNERGY project database to assess welding as a risk factor for developing lung cancer. The database includes data on 15,483 male lung cancer cases and 18,388 male controls from 16 studies in Europe, Canada, China, and New Zealand conducted between 1985 and 2010. Odds ratios and 95% confidence intervals between regular or occasional welding and lung cancer were estimated, with adjustment for smoking, age, study center, and employment in other occupations associated with lung cancer risk. Overall, 568 cases and 427 controls had ever worked as welders and had an odds ratio of developing lung cancer of 1.44 (95% confidence interval: 1.25, 1.67) with the odds ratio increasing for longer duration of welding. In never and light smokers, the odds ratio was 1.96 (95% confidence interval: 1.37, 2.79). The odds ratios were somewhat higher for squamous and small cell lung cancers than for adenocarcinoma. Another 1,994 cases and 1,930 controls had ever worked in occupations with occasional welding. Work in any of these occupations was associated with some elevation of risk, though not as much as observed in regular welders. Our findings lend further support to the hypothesis that welding is associated with an increased risk of lung cancer.

The following industries and jobs are high risk welding:

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries

Manufacture of machines, equipment, appliances

Construction

Repair of transport vehicles

Manufacture of transport vehicles

Ship building & repair

Other welding industries.

If you weld and have been diagnosed with cancer, you may have a claim.At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

November 19, 2019

Cancer

How a diagnosis of Cancer can affect your employment

Douglas Schmidt

November 19, 2019

Cancer

Very nice concise article from Sonya Collins that is important to read. It is not specific legal advice but a good overview. Sonya Collins is an independent journalist covering health care, medicine, and biomedical research. She is a regular contributor to WebMD Magazine, WebMD.com, CURE, Genome, Pharmacy Today, and Yale Medicine. Her stories have also appeared in Scientific American, Family Circle, and Atlanta Magazine. If you do have issues or questions about the cause of your cancer and or the ramifications at your employment, you should seek the counsel of an attorney. Now to the article.

If you've just learned you have cancer you may be thinking about how you'll tell the people in your life. You probably want to tell those closest to you, but what about your employer?

"At a time when you may feel that you have lost so much control because you have cancer, you do have a choice about this," says Monica Bryant, a lawyer and chief operating officer at Cancer Triage. "If you decide you'd like to keep your privacy, you can still access all the rights and benefits you're entitled to without disclosing that you have cancer."

What Are Your Rights?

If your employer has at least 50 employees, the organization must follow a law called the Family Medical Leave Act. The law gives employees who are seriously ill 12 workweeks of leave during a 12-month period. If you've been at your job at least 12 months in the last 7 years, and you've worked the equivalent of about 24 hours a week per year, you're probably eligible. Leave can give you the time you need for treatment, including surgery, recovery, and chemotherapy.

How to Get the Most Out of Your Doctor Visit

Though some things like wait times and exam gowns may be out of your control, there are a few things you can do to help your time at the doc go as smoothly as possible.

But you might need more than time off to help you through treatment. The Americans with Disabilities Act (ADA) makes sure that organizations with at least 15 employees help make the adjustments employees need to do their job during and after a serious illness.

"Not enough people know about reasonable accommodations and utilize them to their full benefit," says Bryant. "They're one of the most important tools for individuals to either work through treatments or to return to work after treatment."

Reasonable accommodations, as the ADA calls them, are exactly that: accommodations, as long as they are within reason, that will help you do your job when you're sick. The things you might need depend on many things. A big factor is what kinds of side effects you have from treatment, such as fatigue, nausea and pain, or trouble thinking clearly. You won't know what accommodations would help you until you need them. And, that may change over time.

"What somebody needs soon after treatment is likely going to be different 3 months out, 5 years out, and 10 years out," says Bryant.

Some accommodations could include a change in working hours, the option to work from home, dictation software on your computer, or a more comfortable workstation. You can ask for these things as issues arise and make changes as you go.

"It's very flexible, and it's beneficial for both employees and employers," says Bryant. "The employer doesn't want to lose a valued employee [because they can't work in the current conditions] and go through the process of hiring someone else, so they benefit, too."

If you or your company doesn’t meet the criteria for you to get leave or accommodations, all is not lost. State laws may protect you, or the employer may have a policy for workers who need sick leave. "Many employers are much more generous than that bare minimum that the law requires," says Bryant.

Don't I Have to Tell the Boss?

But how, you might wonder, can you get the time off and the adjustments you need without telling your boss you have cancer?

For most people, it's the side effects of treatment, not the cancer itself, that keep you from working. It's chemotherapy-related pain or grogginess that might make it hard to do your job the way you usually do. You may choose to tell your employer about these symptoms rather than your diagnosis. For example, "I need medical treatment that will require me to take time off."

You and a health care provider will fill out a few forms for your leave and accommodations. It's important to know that your employer might give you a company-based form that asks for a diagnosis, but federal forms don't ask that.

"Some health care professionals will only fill out the Department of Labor form, so they're only sharing information that the employer is legally entitled to," says Bryant.

The federal form simply requires certification from a health care provider that you have a medical reason to request leave. If you don't want to share your diagnosis, tell your provider before you complete the forms. That way, the provider will omit your diagnosis from the paperwork and avoid words such as chemotherapy and oncology.

"One sticking point is where the form asks for your provider's specialty," says Bryant. "If you don't want to disclose, the provider can write 'internal medicine' rather than 'oncology.' It's absolutely true without inadvertently disclosing."

But Why Not Tell?

Some research shows that people whose cancer history is known in their workplace may face stereotyping and discrimination. People who share on a job application or in an interview that they are cancer survivors may be less likely to get the job.

Before you choose whether to disclose, it might be important to consider these possibilities. But, ultimately, you know your workplace and colleagues, and you should decide what is best for you. Whether you tell your employer that you have cancer is 100% your choice. You might feel empowered sharing your diagnosis with others, but that power comes from knowing that it is your decision.

Talk to Your Cancer Care Team

Before you talk to your employer, ask your care team how treatment might affect your ability to work. You might want to ask these questions, says Bryant.

How much time off will I need for surgery, recovery, chemotherapy,radiation, or other treatments? How much time do other people usually take?
What immediate side effects could I have from my treatment?
How might these side effects affect my ability to do my job?
Could I have new and different side effects over time?
Will I be able to predict certain side effects, such as when I might feel nausea, fatigue, or pain?

By the Numbers

46%: Percentage of people diagnosed with cancer who are of working age (20 to 64).

20%: Percentage of cancer survivors who have work-related limitations due to cancer up to 5 years later.

69%: Percentage of cancer survivors who say their work routine helped their recovery.

855: Number of cancer-related discrimination claims filed with the Equal Employment Opportunity Commission in 2017.

At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT:

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

October 17, 2019

Cancer

OCCUPATIONAL CANCER

Douglas Schmidt

October 17, 2019

Cancer

Occupational cancer kills more than 200 000 people a year

Kaushal Raj Pandey authored the following article. It is an overview but informative. It is important to be aware of one’s surroundings at work. Pandrey writes:

“More than 200 000 people, most of them in the developed world, die each year from a workplace related cancer, the World Health Organization has said in a press release.

A major rise in the incidence of occupational cancer can be expected in developing countries in the coming decades as work processes involving the use of carcinogens shift to countries with less stringent enforcement of occupational health standards, WHO warns. These processes involve substances such as chrysotile asbestos and pesticides and those used in production of tyres and dyes.

The developed world presently has a higher rate of occupational cancer, the result of the wide use 20 to 30 years ago of various carcinogenic substances such as blue asbestos, 2-naphthylamine, and benzene, it adds. These countries now have much tighter controls on the presence of these known carcinogens in the workplace.

Asbestos, second hand smoke, and benzene are the carcinogens that people are most commonly exposed to at work. Lung cancer, mesothelioma, bladder cancer, and leukaemia are the most common cancers resulting from occupational exposure to carcinogens, it says.

More than 125 million people around the world are exposed to asbestos at work, and at least 90 000 die each year from asbestos related diseases. A 10th of lung cancer deaths are closely related to risks in the workplace, and workers who are heavily exposed to second hand tobacco smoke at their workplaces are twice as likely as those working in a smoke free environment to develop lung cancer.

Thousands of people working in the chemical and diamond industries die from leukaemia caused by exposure to benzene, which is widely used by workers as an organic solvent in such industries.

WHO says that prevention of exposure to carcinogens in the workplace may be the most efficient way to prevent cancer. “The control of carcinogens in the workplace should be a key component of every national cancer control programme,” said Andreas Ullrich, WHO's medical officer for cancer control.

To protect workers from occupational cancer, WHO recommends stopping the use of asbestos; introducing benzene-free organic solvents and technologies that convert the carcinogenic form of chromium into a non-carcinogenic form; banning smoking in the workplace; and providing protective clothes for people who work in the sun. These simple interventions could prevent hundreds of thousands of unnecessary deaths and suffering from occupational cancer, it adds.

Recently WHO issued an official statement warning countries to stop using asbestos or face an epidemic of cancer in the coming years. It suggested using pine fibres in producing cement building materials as a safe alternative to asbestos.”

If you or a loved one has or had bladder cancer, they should give out office a call. There may be a strong workplace connection. At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES. WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

The prevalence of Asbestos Disease such as Mesothelioma and Cancer in northeast Minnesota continues to rise, according to a University of Minnesota study examining the nearby taconite mining industry.

The study through the State of Minnesota the mines in the “Iron Range” area of Minnesota focused on the estimated 46,000 people born after 1920 who worked in the industry. Results showed confirmed cases of mesothelioma, which normally affects 2,000 to 3,000 people a year in the United States. The study of mine workers on the Iron Range showed three times the number of mesothelioma cases than the rest of Minnesota's population. Asbestos fibers are linked to mesothelioma, an aggressive cancer that has no cure.

The fibers become airborne or end up in the water during mining operations.

The Taconite Workers Health Study arose from the concept that the asbestos-like fibers in the dust from the ore processing was causing the mesothelioma and other lung diseases. Plant workers originally suspected the mesothelioma stemmed from the commercial asbestos, which was found on boilers, furnaces and pipes in the processing plants which also create problems.

At Schmidt-Salita Law Team we discuss your employment history and have significant records with known asbestos-containing materials and job sites such as the Iron Range. We have handled many cases on behalf of “rangers” and their families. We pursue claims and lawsuits against those employers, mining companies, manufacturers and third parties for medical care, lost earnings, the victim’s pain and suffering, or the survivors’ losses. Please contact us at

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com

Douglas Schmidt

August 9, 2019

Abestos

Health Risks of Asbestos with the Lungs.

Douglas Schmidt

August 9, 2019

Abestos

Asbestos-related diseases are disorders of the lung and pleura which arise out of the inhalation of asbestos. Asbestos is made of fibers. . Asbestos-related diseases include non cancerous conditions such as as asbestosis, (pulmonary fibrosis due to asbestos), diffuse pleural thickening, pleural plaques, pleural effusion and malignancies (cancers) such as lung cancer and malignant mesothelioma.

Workers in jobs with significant asbestos dust exposure are at the highest risk of developing asbestos-related disease. Asbestos was prsent in many building materials. There still remain asbestos in buildings that were built prior to the restriction of asbestos use. Older buildings have asbestos fragments that are released in the air and create a potential hazard. Anyone around the asbestos-containing material during home maintenance and renovation can be affected. This includes many workers such as pipefitters, plumbers, electricians, construction workers, auto workers among many others.

Non-malignant asbestos-related pleural diseases

Benign asbestos-related diseases encompass four types of pleural changes:

Pleural plaques
Diffuse pleural thickening
Benign asbestos pleural effusions
Rounded atelectasis (folded lung)

Pleural plaques

Pleural plaques are the most common manifestation of asbestos exposure, affecting up to 58% of asbestos-exposed workers. The chest xray is the usual tool for diagnosing pleural plaques but chest CT Scan is more sensitive and specific in this regard. Pleural plaques are evidence of past asbestos exposure and indicate an increased risk for the future development of other asbestos-related diseases. Pleural plaques in themselves are not pre-malignant. Individuals with pleural plaques are usually not compensated in most compensation systems.

Diffuse pleural thickening

Diffuse pleural thickening (DPT) is non-circumscribed fibrous thickening of the visceral pleura with areas of adherence to the parietal pleura and obliteration of the pleural space It often extends over the area of an entire lobe or lung, with fibrotic areas involving Diffuse pleural thickening develops 20 to 40 years after first exposure. All types of asbestos can cause diffuse pleural thickening and a dose-related relationship has been described. It is thought that asbestos fibres that reach the pleura induce subpleural fibroblasts and mesothelial cells to produce scar tissue and collagen deposition, resulting in subpleural thickening. It usually begins with an inflammation of the pleura that is accompanied by a pleural effusion. DPT has a significant impact on pulmonary function, causing a decrease in forced vital capacity, reducing total lung capacity and diffusing capacity.

Benign asbestos pleural effusion

Benign asbestos pleural effusion is a buildup of fluid between the two pleural layer following asbestos exposure. It is relatively uncommon and the earliest manifestation of disease following asbestos exposure, usually occurring within 10 years from exposure. Effusions may be asymptomatic but rarely, they can cause pain, fever, and breathlessness. Diagnosis relies on a compatible history of asbestos exposure and exclusion of other probable causes.

Rounded atelectasis

Also known as Blesovsky’s or folded lung syndrome) develops from infolding of thickened visceral pleura with collapse of the intervening lung parenchyma.] Rounded atelectasis is the least common asbestos-related benign pleural disease. Exposure to asbestos is the most likely cause today but it can occur following other medical conditions. It is a chronic condition and usually asymptomatic.

Asbestosis

Asbestosis is a chronic lung disease caused by scarring of lung tissue, which results from prolonged exposure to asbestos. It is defined as diffuse interstitial pulmonary fibrosis secondary to asbestos exposure. It initially affects the lung bases and usually manifests after 15 or more years from initial exposure. It occurs after high intensity and/or long-term exposure to asbestos. Asbestos-related fibrosis is progressive because it continues to progress in the lung even if no further asbestos is inhaled. The scar tissue causes the alveolar walls to thicken, reducing the lung capacity which leads to the patient experiencing shortness of breath.. Sufferers are at an increased risk for heart failure and certain malignancies.

Malignant asbestos-related diseases

Malignant mesothelioma

Malignant Mesothelioma is an aggressive and incurable tumor caused by asbestos arising from mesothelial cells of the pleura, (the lining of the abdominal cavity) and rarely elsewhere. Pleural mesothelioma is the most common type of mesothelioma, representing about 75 percent of cases. Peritoneal mesothelioma or stomach mesothelioma is the second most common type, consisting of about 10 to 20 percent of cases.. The symptoms include shortness of breath, chronic chest pain, cough, and weight loss. A biopsy is needed to confirm a diagnosis of malignant mesothelioma. Mesothelioma has a poor prognosis, with most patients dying within 1 year of diagnosis. T

Asbestos-related lung cancer

Asbestos can cause cancer that is identical to lung cancer from other causes. Exposure to asbestos is associated with all major histological types of lung carcinoma (aenocarcinoma, squamos cell carcinoma, large cell carcinoma and small cell carcinoma). The latency period between exposure and development of lung cancer is 20 to 30 years. It is estimated that 3%-8% of all lung cancers are related to asbestos. The risk of developing lung cancer depends on the level, duration, and frequency of asbestos exposure (cumulative exposure). Treatment involves surgical removal of the cancer, chemotherapy, radiotherapy, or a combination of these (multimodality treatment). Prognosis is generally poor unless the cancer is detected in its early stages. Out of all patients diagnosed with lung cancer, only 15% survive for five years after diagnosis.

At the SCHMIDT-SALITA LAW TEAM WE DISCUSS YOUR EMPLOYMENT AND HEALTH HISTORY AND HAVE REPRESENTED NUMEROUS INDIVIDUALS AND FAMILIES IN ALL EXPOSURE CASES, WE PURSUE CLAIMS AND LAWSUITS AGAINST THOSE EMPLOYERS, MANUFACTURERS AND THIRD PARTIES FOR MEDICAL CARE, LOST EARNINGS, THE VICTIM’S PAIN AND SUFFERING, OR THE SURVIVORS’ LOSSES. PLEASE CONTACT US AT

Phone: 952-473-4530

Toll Free: 1-800-656-8450

Fax: 952-544-1308

Email: info@mnlawteam.com