Thursday, February 28, 2013
|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
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 firstname.lastname@example.org 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
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
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™.
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.
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
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
Tuesday, February 5, 2013
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
Friday, February 1, 2013
My friend, and cycling inspiration, who keeps me trying to think I can enter the Tour de France while under the influence of Starbucks coffee, David DePaolo, points out that the "fusion" may be coming slowly through legislation of unintended consequences in California.
"The concept of universal care, 24 hour care, single stop shop, etc. has been floating for a couple of decades now with very little progress.David, an expert in analyzing what's around the curve, sees the next wave of change coming to workers' compensation. For so many reasons, including the expansion/reimbursement integration of the Medicare program, the writing is on the wall on this one.
"But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine and general health medicine. Outsourcing MPN [Medical Provider Networks] oversight to a health care related agency is just another step towards this outcome.
Every time the lobbyists think that have eliminated the imminent threat of Federal intrusion, ie. Enactment of The SMART Act, the reality of which is that the regulations will eat up the statute, and also their lunch. I plan to write more on The SMART Act in the coming weeks. Maybe that wasn't so smart after all for the cottage industries that supported it.
A new strain of norovirus called GII.4 Sydney was the leading cause of norovirus outbreaks in the United States from September to December 2012, according to a study published in Morbidity and Mortality Weekly Report released today by the Centers for Disease Control and Prevention. The new strain was detected in Australia in March 2012, and caused outbreaks in that country and several other countries.
CDC researchers analyzed 2012 data collected through CaliciNet on norovirus strains associated with outbreaks in the United States. They found that of the 266 norovirus outbreaks reported during the last four months of 2012, 141 were caused by the GII.4 Sydney strain.