Thursday, February 28, 2013
The injury caused an esophageal perforation and collapsed lung. The Court, however, found the injury was not as a result of an actual risk of employment.
The claimant worked as a host and waiter at a local T.G.I. Friday’s restaurant and part of his work responsibilities was to make food recommendations. T.G.I. Friday’s conducted food tasting demonstration programs to introduce menu items to its staff so the staff could describe the taste to customers and recommend these items.
The tastings were provided free to the employees and while the employees were on the clock. T.G.I.Friday’s required attendance but no employee was forced to eat anything they did not want to eat. The Worker’s Comp Commission found that since the worker was not required to taste anything, the injury did not arise out of an actual risk of his employment.
|The Bob Cummings Show|
January 2, 1955 to September 15, 1959
Over fifty years ago, there was a sit-com on TV, The Bob Cummings Show. The program mocked a GrandPa's ability to adopt to new technology. The aging parent used gifts of an electric blanket as a bread warmer, and an electric rotisserie as a sock dryer.
NJ has adopted e-filing of motion practice that speeds docketing and service of pleadings in the vast majority of cases. While not mirroring the stellar Federal Court Case Management Electronic Filing System with compete exhibit PDF submissions permitted, it does make major improvements to the process.
Florida has reported, that despite offerring an e-filing, parties are still entrenched in their old and wasteful habits of using USPS Certified Mail for process.
Wednesday, February 27, 2013
Tuesday, February 26, 2013
- going back 26 weeks
- multiplying your hours times your straight time pay
- excluding abnormally low-hours weeks (generally those of 32 hours a week or less)
- taking the total amount of wages earned in non-abnormally low work weeks divided by the number of non-abnormal weeks.
Monday, February 25, 2013
Technically, workplace violence is any act where an employee is abused, threatened, intimidated, or assaulted in the workplace. It can include threats, harassment, and verbal abuse, as well as physical attacks by someone with an assault rifle.
Two million American workers are victims of workplace violence every year. What's worse is that workplace violence is one of the leading causes of job-related deaths in the United States. Last year, for example, one in every five fatal work injuries was attributed not to accidents but to workplace violence, and some employees are at an increased risk for harm. For example, employees who work with the public or who handle money are more at risk (i.e. bank tellers, pizza delivery drivers, or social workers).
Thursday, February 21, 2013
In all of the above scenarios, you may have the ability to file your claim in multiple states. Generally, you will have the option of filing in:
1) the state in which you were injured;
2) the state in which you primarily worked; and
3) the state in which you entered into your employment contract.
If you are injured outside Washington, or whatever state in which you normally work, it is important to evaluate your options and file wherever you might have a legitimate claim. It is possible that you have remedies available to you in more than one state.
During inspections conducted in 2011, EPA inspectors discovered numerous violations, from failing to inspect facilities for asbestos containing materials, failing to re-inspect campuses with known asbestos containing materials, and failing to have an Asbestos Management Plan. All of the school districts have since taken necessary actions to comply with the law, with the cost of compliance reducing the penalties in most cases to zero.
“Asbestos in schools has the potential to harm the health of students, teachers, and maintenance workers,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “EPA takes these violations seriously, and we are satisfied the schools have now conducted inspections and put their asbestos plans in place.”
Each school district is allowed to subtract properly documented costs of complying with the regulations from the penalty amount. The six school districts are:
· Apache Junction Unified School District (Pinal County): fined $21,675, but this was reduced to $7,933 because of the school district’s cost of achieving compliance.
· St. John’s Unified School District (Apache County): fined $14,195, reduced to $824 by the school district’s cost of achieving compliance.
· Florence Unified School District (Pinal County): fined $31,705, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· Vernon Elementary School District (Apache County): fined $2,700, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· McNary Elementary School District (Fort Apache Indian Reservation): fined $14,200, but no cash payment was due because the documented costs of compliance exceeded the penalty.
· Round Valley Unified School District (Apache County): fined $10,100, but no cash payment was due because the documented costs of compliance exceeded the penalty.
Federal law requires schools to conduct an initial inspection using accredited inspectors to determine if asbestos-containing building material is present and develop a management plan to address the asbestos materials found in the school buildings. Schools are also required to appoint a designated person who is trained to oversee asbestos activities and ensure compliance with federal regulations. Finally, schools must conduct periodic surveillance and re-inspections of asbestos-containing building material, properly train the maintenance and custodial staff, and maintain records in the management plan.
Local education agencies must keep an updated copy of the management plan in its administrative office and at the school which must be made available for inspection by parents, teachers, and the general public.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 email@example.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
- NJ Contractor Sentenced By Federal Court for Illegal Asbestos Removal (workers-compensation.blogspot.com)
- All Forms of Asbestos Cause Cancer (workers-compensation.blogspot.com)
- How to Protect Public Employees and Communities From Asbestos Exposure (workers-compensation.blogspot.com)
- Asbestos Disease Remains a Problem Despite Lower Consumption in the US (workers-compensation.blogspot.com)
- Russian Money Interests Are Milking the Asbestos Cash Cow (workers-compensation.blogspot.com)
- Senator Lautenberg To Retire - Champion of the People (workers-compensation.blogspot.com)
February 12, 2013
Effective immediately, if a WCMSA proposal amount was originally submitted via the web-portal, a re-evaluation of an approved WCMSA amount can be requested through the WCMSA web portal, if the claimant or submitter believes that a CMS determination:
• contains obvious mistakes, such as mathematical errors or a failure to recognize that medical records already submitted show a surgery CMS priced has already occurred, or
• misinterpreted evidence previously submitted, a re-evaluation maybe requested.
Please refer to Question # 12 of the July 11, 2005, procedure memorandum located in the “downloads” section of this page for detailed information regarding when a re-evaluation request maybe submitted. The CMS Regional Offices will continue to review the requests submitted through the portal.
Read more about WCMSA and workers' compensation
- Class Action by Medicare Advantage Beneficiares Dismissed By Federal Court (workers-compensation.blogspot.com)
- State Audit Reveals North Carolina Needs To Combat Employer Fraud (workers-compensation.blogspot.com)
- Medicare Conditional Repayment Procedures: Former Judge to Speak About New Law (workers-compensation.blogspot.com)
- Protect American workers from exposure to silica on the job (workers-compensation.blogspot.com)
Wednesday, February 20, 2013
|NC Official State Audit|
Workers' Compensation insurance is a requirement for companies doing business in NC. Companies can comply by maintaining workers' compensation insurance, self-insuring, or becoming a member of or contributing to a self-insured fund.
Click here to read the complete report: Performance Audit NC Industrial Commission - Workers' Compensation Program - February 2013
Click here to read more about NC and Employer Fraud at the North Carolina Workers' Compensation Journal (Leonard Jernigan member of the NC Bar)
- Obama to Increase Workers' Compensation Benefits (workers-compensation.blogspot.com)
- Pro Athletes Need Workers' Compensation Too (workers-compensation.blogspot.com)
- Temporary Employees Cannot Be Excluded From Workers' Compensation (workers-compensation.blogspot.com)
19 February 2013
- All forms of asbestos are carcinogenic to humans (IARC Monographs Volume 100C) and stopping the use of all forms of asbestos is the most efficient way to eliminate asbestos-related diseases (WHO Fact Sheet No 343).
- The study on cancer in chrysotile workers in Asbest, Russian Federation, for which IARC is providing its epidemiological expertise, will supply important scientific information to better quantify the risk of cancers already known to be related to chrysotile as well as additional cancers suspected to be related to chrysotile, the asbestos fibre is the most commonly produced.
- WHO and IARC take conflict of interest seriously and use a rigorous process to protect our research and development of norms, standards and guidelines from undue influence.
- IARC confirms the completeness and accuracy of all data and statements of scientific results published in the British Journal of Cancer (Estimating the asbestos-related lung cancer burden from mesothelioma mortality, doi:10.1038/bjc.2011.563) and presented at a conference in Kiev.
Tuesday, February 19, 2013
Monday, February 18, 2013
This is the advice a friend of mine who works as an unemployment claims adjudicator would give to people filing unemployment.
Oftentimes people are denied unemployment benefits they earned through their employer because they neglect to cooperate in the initial investigation of their claim. An adjudicator is assigned to determine eligibility for unemployment benefits. In short, they talk to you and your employer about why you are no longer employed. If the adjudicator determines that your were fired for intentionally disregarding reasonable work-related expectations of your employer or that you quit without good cause, then you will be found not to be eligible for unemployment benefits. Of course, you can appeal that decision, but that will lead to a delay in you receiving benefits, and it might also mean finding a lawyer to represent you in the appeal hearing.
Sunday, February 17, 2013
Part of the compromise was to limit liability of occupational disease claims against employers and re-establish the exclusivity bar. Albiet, the SIF would provide additional monetary benefits to those exposed at work.
While it sounds nice on paper, the problem, of using a band-aide to permanently correct the overall concerns of both Industry and Labor, will not work in the long-run. Actually this has been tried before and already failed. Employers notoriously dodge the bullet and delay and deny occupational claims even though they are difficult to defend against.
When the going gets tough, down the road, Industry will end up further restricting the benefit flow to injured workers, and medical delivery will then remain non-existent. Consequentially, the end result is that the general taxpayer and not the consumer, ends up paying for the continued unsafe work practices of Industry.
The Missouri Compromise 2013 is only a first step in recognizing a problem exists. It demonstrates that legislators from different parties can reach a compromise. The real fix would be even greater OSHA enforcement of safety procedures, new Federal regulation and, a universal health care system.
- Second Injury Fund: Missouri Auditor Says Fund It or Shut It Down (workers-compensation.blogspot.com)
- The Vanishing Concept of a Job (workers-compensation.blogspot.com)
- Universal Medical and Workers' Compensation: It's Not "If", It's "When" - California (workers-compensation.blogspot.com)
- Silica Linked to a Fatal and Compensable Lung Cancer (workers-compensation.blogspot.com)
GEORGE WASHINGTON, Rules of Behavior
|The Father of Our Country|
Thursday, February 14, 2013
The majority the nation's patchwork of workers' compensation systems are based on a payment scheme linked to wages. The State Average Weekly Wage (SAAW) establishes the foundation upon which temporary disability and permanent disability payments are determined. As wages increase so will benefits.
|President Barack Obama|
Delivering The State of The Union
White House Photo: Chuck Kennedy
"The President believes that no one who works fulltime should have to raise their family in poverty. But right now, a full-time minimum wage worker makes $14,500 a year – which leaves
too many families struggling to make ends meet, with a family of four with a minimum wage worker still living below the poverty line. That’s why the President is calling on Congress to raise the Federal minimum wage for working Americans in stages to $9 in 2015 and index it to inflation thereafter."
- The Obama Agenda: The Road to Workplace Wellness (workers-compensation.blogspot.com)
- Obama's Minimum Wage Plan (cato.org)
- Why The Minimum Wage Should Actually Be $21.72 (huffingtonpost.com)
- Downton Abbey and Workers' Compensation (workers-compensation.blogspot.com)
- Jobs, Growth & Universal Healthcare (workers-compensation.blogspot.com)
The work offers an in-depth and insightful analysis that provides a quick and accurate guidance to those who practice workplace injury law. Time-saving comments and instructions shorten the claims process and expedite handling of issues.
Gelman on Workers’Compensation Law is exclusively integrated into the entire world-wide leading legal research network of West Group-Reuters-Thomson publications.
It is now available, in print, on CD-Rom and online via Westlaw™ and WestlawNext™.
- The major difference among age groups occurs between the 25-34 and the 35-44 age groups. All workers 35-64 appeared to have similar costs per worker. These reassuring findings suggest an aging workforce may have a less negative impact on the lost cost per worker than many analysts originally thought.
- Many workers’ compensation professionals have the belief that younger workers have a much higher injury rate. That appears not to be true any longer. Differences in frequency by age have virtually disappeared.
- The major factor involving older workers involves severity. Older workers tend to have more shoulder rotator cuff claims and knee injuries while younger workers have more back and ankle sprains.
- Higher wages for older workers are a key factor leading to higher costs for older workers. On the medical side, more treatment per claim has increased medical costs.
Tuesday, February 12, 2013
b. February 12, 1809
by Abraham Lincoln
Note: There are 5 known versions of the Getty's Address.
This is the version of the text inscribed on the walls at the Lincoln Memorial in Washington D.C.
I recently received the following inquiry from a potential client via the Internet:
“I had an accident at work and broke my hand. I went to the doctor the same day and was treated for it. While I was there I never gave a urine or blood sample. The next day my boss asked if I would take a random test and I declined because they can’t prove I was under the influence at the time of the accident, not saying I was. So was that the right or wrong thing to do?”
Before responding to this worker’s situation, I would ask questions that included the following thoughts, depending on where the worker was within the workers’ compensation and employment process:
Where was the worker from, as laws vary from place to place?
Who is/was the worker’s employer?
What was the worker doing when injured?
What is the employer’s policy on random drug testing?
Is the worker still employed at the company?
Is the worker receiving workers’ compensation benefits?
Monday, February 11, 2013
Robert Reich, in a 3 minute video, states the reasons why jobs, growth and universal healthcare are needed to expand the US economy.
This is reflective of the issues plaguing the nation's workers' compensation system, especially soaring medical delivery costs (administrative, clinical and pharmaceutical).
Read more about "universal healthcare" and workers' compensation:
Read more about "silica" and workers' compensation
At the other end of Independence Mall sits the impressive National Constitutional Museum and on the front of the building the words "We The People" are prominently displayed. In this facility there is a "theater in the round" where a live actor makes a presentation about the Constitution and the beginning of our democracy.
Sunday, February 10, 2013
Friday, February 8, 2013
Stock up on emergency supplies for communication, food, safety, heating, and car in case a storm hits.
- Make sure you have at least one of the following in case there is a power failure:
- Battery-powered radio (for listening to local emergency instructions). Have extra batteries.
- National Oceanic and Atmospheric Administration (NOAA) weather radio receiver (for listening to National Weather Service broadcasts).
- Learn more about NOAA Weather Radio All Hazards
- Find out how your community warns the public about severe weather:
- Listen to emergency broadcasts.
- Know what winter storm warning terms mean:
- Winter Weather Advisory: Expect winter weather conditions to cause inconvenience and hazards.
- Frost/Freeze Warning: Expect below-freezing temperatures.
- Winter Storm Watch: Be alert; a storm is likely.
- Winter Storm Warning: Take action; the storm is in or entering the area.
- Blizzard Warning: Seek refuge immediately! Snow and strong winds, near-zero visibility, deep snow drifts, and life-threatening wind chill.
Thursday, February 7, 2013
Employees and employers would be wise to start pressing Congress to update the transportation system which is now falling to the level of a third world country. Health, welfare and reduced workers' compensation claims would result.
LaHood: ‘America is one big pothole’ "America is one big pothole right now," LaHood said in an interview on "The Diane Rehm Show" on National Public Radio.
"At one time ... we were the leader in infrastructure," LaHood continued. "We built the interstate system. It's the best road system in the world, and we're proud of it. But we're falling way behind other countries, because we have not made the investments."
... "The next decisions that will be made by this Congress, by this administration will have to be bold if we're going to continue our efforts to fix up our roads, keep our highways in a state of good repair, to fix up unsafe bridges," he said. "We need a bold plan, and a bold way to fund it."
Tuesday, February 5, 2013
“Misclassification” is a poorly chosen word to describe fraudulent conduct by employers who misclassify the status of their employees. For example, a roofing company may have 30 roofers doing the actual work but these workers are classified as “independent contractors” instead of employees.
The Laborers International Union (LIUNA) has set up petition to the White House, urging the executive to move forward on the proposed OSHA rule to reduce silica exposures. You can join the 2700 other people who have signed on here:
Sign the petition.
In the time it takes to create an account at the White House website – about three minutes – at least three more workers will have been exposed to silica.
Monday, February 4, 2013
1.5 million premature cancer deaths could be prevented per year if targets set to reduce NCDs are met by 2025
Monday 4 February 2013 – World Cancer Day: Geneva, Switzerland – The Union for International Cancer Control (UICC) and the International Agency for Research on Cancer (IARC) today announced that 1.5 million lives which would be lost to cancer, could be saved per year if decisive measures are taken to achieve the World Health Organization’s (WHO) ‘25 by 25’ target; to reduce premature deaths due to non-communicable diseases (NCDs) by 25% by 2025.[i]
Currently, 7.6 million people die from cancer worldwide every year, out of which, 4 million people die prematurely (aged 30 to 69 years).i So unless urgent action is taken to raise awareness about the disease and to develop practical strategies to address cancer, by 2025, this is projected to increase to an alarming 6 million premature cancer deaths per year.
“The estimate of 1.5 million lives lost per year to cancer that could be prevented must serve to galvanise our efforts in implementing the World Health Organization’s (WHO) ‘25 by 25’ target,” said Dr Christopher Wild, Director of IARC. “There is now a need for a global commitment to help drive advancements in policy and encourage implementation of comprehensive National Cancer Control Plans. If we are to succeed in this, we have a collective responsibility to support low- and middle-income countries who are tackling a cancer epidemic with insufficient resources.”
The 1.5 million lives lost per year represent 25% of the estimated 6 million premature cancer deaths that will occur by 2025, and the 6 million figure is itself based on population projections of current numbers and aging.
"Far from being coincidental, the research being conducted, the conferences being held and the papers being published are part of a long-term, orchestrated plan by asbestos stakeholders to counter all attempts to tarnish the image of chrysotile asbestos, a substance which continues to be sold in large quantities around the world. As long as money is to be made, the industry will leave no stone unturned in its quest to milk the asbestos cash cow. It is sad to see that they may now have new allies to help them do so."Click here to read the complete article: The Lancent Highlights the IARC Controversey
Not every professional athlete, however, has a contract worth millions of dollars. Some of the athletes injured on minor league teams literally make no more than minimum wage, and receipt of workers’ compensation benefits is significant for those athletes.Not every professional athlete, however, has a contract worth millions of dollars. Some of the athletes injured on minor league teams literally make no more than minimum wage, and receipt of workers’ compensation benefits is significant for those athletes. Wisconsin law places a cap on the amount of money an athlete can receive for his injury. The maximum weekly wage for 2012 is $1,281, yielding a temporary disability rate of $854.