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Monday, June 17, 2013

Proposed Medicare Payment Reductions Will Impact Workers' Compensation Costs

A government Medicare advisory panel reported on Friday that sweeping changes should be implemented to reduce increasing medical costs, including higher costs associated with hospital purchased physician practices. The impact of those proposed adjustments will significantly impact the national workers' compensation systems because of both direct and indirect links between the two programs, including medical fee schedules, and Medicare Secondary Payment reimbursements.


The Medicare Payment Advisory Commission (MedPAC)  releases its June 2013 Report to the Congress: 
Medicare and the Health Care Delivery System.

According to Commission Chair Glenn Hackbarth, “This report can inform a dialogue about future 
directions for the Medicare program, as well as about technical refinements to existing Medicare 
payment policy. Whether broad or narrow, the Commission’s work aims to balance the interests of 
Medicare beneficiaries, health care providers, and tax payers.”

Redesigning the Medicare benefit. In the report, the Commission continues its discussion of 
possible ways to redesign the Medicare benefit by focusing on the concept we refer to as competitively
determined plan contributions (CPC). Under CPC, Medicare beneficiaries could receive care through
either a private plan or traditional fee-for-service (FFS), but the premium paid by the beneficiary might
vary depending on the coverage option they choose. How much the federal government pays for a 
beneficiary’s care would be determined through a competitive process comparing the costs of available 
options for coverage. The report identifies key issues to be addressed if the Congress wishes to pursue a 
policy option like CPC. These include how benefits could be standardized for comparability, how to 
calculate the Medicare contribution, the role FFS, and the structure of subsidies for low-income 
beneficiaries.

Reducing Medicare payment differences across sites of care. Medicare’s payment rates often 
vary for similar services provided to similar patients, simply because they are provided in different sites of 
care. For example, Medicare pays 141 percent more for one type of echocardiogram when done in a
hospital outpatient department than when it is done in a freestanding physician’s office. If Medicare pays a 
higher rate for a service in one setting over another, program spending increases and beneficiaries pay 
more in cost sharing without a corresponding increase in quality of care. 

The Commission previously recommended reducing the rate Medicare pays for basic office visits from the 
payment rate in the outpatient setting to the physician office rate. Using similar criteria, this report identifies
additional services that may be eligible for equalizing or narrowing payment differences across settings. 
Bundling post-acute care services. Each year, about one-quarter of Medicare beneficiaries receive 
care following a hospitalization from a post-acute care provider, such as a skilled nursing facility, home 
health agency, or inpatient rehabilitation facility. However, nationwide the use of these services varies 
widely, for reasons not explained by differences in beneficiaries’ health status. Under traditional 
Medicare, the program pays widely varying rates for different settings and—characteristic of FFS—pays 
based on the volume of care provided, without regard to quality or resource use. 

Medicare has begun to explore the possibility of bundling services as a way to encourage providers to 
coordinate and furnish needed care more efficiently. In this report, the Commission explores the 
implications for quality and program spending for different design features of the bundles, such as the 
services included, the length of time covered by the bundle, and the method of payment.

Reducing hospital readmissions. In 2008, the Commission recommended a hospital readmissions 
reduction program to improve patient experience and reduce Medicare spending. In 2012, Medicare 
began such a program, penalizing hospitals that have high rates of Medicare beneficiaries being 
readmitted to the hospital within 30 days of discharge. The readmission penalty has given hospitals a 
strong incentive to improve care coordination across providers, and for that reason Medicare should 
continue to implement the policy. In this report, the Commission suggests further refinements to 
improve incentives for hospitals and generate program savings through reduced readmissions rather than 
higher penalties. 

Payments for hospice services. The Medicare hospice benefit provides beneficiaries an important 
option for end-of-life care. At the same time, the Commission has identified several problems in the way 
Medicare pays for hospices that may lead to inappropriate use of the benefit. The report presents 
information on the prevalence of long-stay patients and the use of hospice services among nursing home 
patients—both of which may inform policy development in the hospice payment system in the future. It 
also presents further evidence to support the Commission’s March 2009 recommendations to revise the 
hospice payment system.

Improving care for dual-eligible beneficiaries. Beneficiaries eligible for both Medicare and 
Medicaid—many of whom have complex medical and social needs—often have trouble accessing 
services and receive little care coordination, resulting in poorer health outcomes and higher spending 
relative to other beneficiaries. Programs that coordinate dual-eligible beneficiaries’ Medicare and 
Medicaid benefits have the potential to improve care for this population. In the report, the Commission 
notes that federally qualified health centers and community health centers may be uniquely positioned to 
coordinate care for dual-eligible beneficiaries because they provide primary care, behavioral health
services, and care management services, often at the same clinic site.

Mandated reports. The report includes three chapters that fulfill Congressional mandates: one on 
Medicare ambulance add-on payments, a second on geographic adjustment of fee schedule payments for 
the work effort of physicians and other health professionals, and a third on Medicare payment for 
outpatient therapy services. In each case, the Commission considers the existing policies—which are not 
permanent statutory provisions—and examines the effect of their continuation or termination on 
program spending, beneficiaries’ access to care, and the quality of care beneficiaries receive, as well as 
their potential to advance payment reform. 

The three congressionally mandated reports are described in further detail in separate fact sheets, posted 
on MedPAC’s website. The full report can be downloaded from MedPAC’s website:
http://medpac.gov/documents/Jun13_EntireReport.pdf

Read more about Medicare and Workers' Compensation
May 18, 2013
A NJ Superior Court deemed a proposed Medicare Set-Aside Agreement to be satisfactory to protect Medicare's interests and granted a Motion to Enforce a Pending Settlement. This action by the Court was taken after CMS ...
Mar 29, 2013
A new Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide has been posted and is available to be downloaded on the CMS (Centers for Medicare & Medicad Services) website.
Jan 11, 2013
"The legislation changes the way Medicare collects money from people whose negligence caused a patient to incur medical bills. Murphy said the new law will streamline an outdated process, making it easier to close cases ...

Saturday, September 6, 2014

NH Governor Hassan Creates Workers’ Compensation Commission for Reform

In order to help reduce workers’ compensation costs that are a burden on New Hampshire businesses and ensure that injured workers have access to high-quality care, Governor Maggie Hassan today issued an Executive Order creating the Commission to Recommend Reforms to Reduce Workers’ Compensation Medical Costs.

“Employers and workers have done their part to increase workplace safety, but New Hampshire has become one of the most expensive states in the nation for workers’ compensation, a burden on businesses across the state,” Governor Hassan said. “By bringing together business leaders and experts from insurance, health care and labor, the Commission to Recommend Reforms to Reduce Workers’ Compensation Medical Costs provides an opportunity for stakeholders to identify ways to reduce workers’ compensation medical costs and ensure that injured workers have access to quality care. With these reforms, our businesses will be able to re-invest these dollars in growing their companies, creating new jobs and keeping our economy moving in the right direction.”

Tasked with making recommendations to reform New Hampshire’s workers’ compensation system, the commission will review the data behind New Hampshire’s high workers’ compensation costs; analyze efforts by other states to successfully reduce workers’ compensation costs; review how other states ensure continued access to quality care for injured workers; and develop comprehensive reforms that will reduce costs and premiums and improve New Hampshire’s workers’ compensation system while ensuring that injured workers have access to quality care.

According to the Oregon Workers Compensation Rate Ranking Study, New Hampshire rose from the 14th-most expensive state for workers’ compensation coverage in the country in 2008 to the ninth-most expensive in 2012. In addition, data from the National Council on Compensation Insurance shows that workers’ compensation surgical procedures in New Hampshire are 83 percent more expensive than those in the region and more than twice as expensive as they are nationally. For more information on New Hampshire’s workers’ compensation costs, visit www.nh.gov/insurance/media/pr/2014/documents/052214.pdf .

“New Hampshire is among the most expensive states for workers’ compensation, an unnecessary disadvantage for businesses that operate here,” said New Hampshire Insurance Department Commissioner Roger Sevigny. “I look forward to working with the commission to improve our workers’ compensation system by making recommendations to reduce costs and premiums while ensuring that workers have access to quality care.”

Commissioner Sevigny will be the chairman of the Commission to Recommend Reforms to Reduce Workers’ Compensation Medical Costs. He will be joined on the commission by New Hampshire Department of Labor Commissioner Jim Craig or a designee from the department, as well as a diverse group of experts representing workers, employers, insurance professionals and the health care sector.

The Commission’s final report is due to the Governor on December 1, 2014.

Other members of the commission are:
Brian Allen, Vice President of Government Affairs at HELIOS (formerly Progressive Medical/PMSI)
Donald F. Baldini, AVP and State Affairs Officer at Liberty Mutual Insurance
Pamela Bronson, Administrator at Access Sports Medicine & Orthopedics
Paul W. Chant of Cooper Cargill Chant
Tammy Denver, Director of Claims & Coverage Programs at NH Public Risk Management Exchange (Primex3)
Edward Dudley, Executive Vice President/CFO of Catholic Medical Center
Mark Erdody, Director of New England Claims for Cove Risk Services, LLC
Marc Lacroix, New Hampshire Physical Therapy Association and Director of Specialty Services at Concord Hospital
David Lang, President of Professional Firefighters of NH
Mark Mackenzie, President of NH AFL-CIO
Peter McNamara, President of NH Automobile Dealers Association
Dr. Gregory Soghikian of New Hampshire Orthopaedic Center
Ben Wilcox, President & General Manager of Cranmore Mountain Resort

Full text of the Governor’s Executive Order

Thursday, September 10, 2009

Congressional Action on Workers’ Compensation

From coast to coast, the patchwork of state workers’ compensation systems continues to be under constant scrutiny for change. The problems seem global in characteristic as the frustrations continue to rise. The fate of the entire system may result in the effort to enact or defeat legislation to embrace a new national commission on workers’ compensation.

The States universally enacted Workers’ Compensation in 1911 in an effort to replace civil litigation with an administrative system. The approach was to provide a remedial system to injured workers in a summary manner while providing a cost effective approach for employers. Despite the efforts to reduce benefits and limit access States are struggling to maintain the system in one fashion or another. Rumors are spreading that
New York, a former industrial jurisdiction, may join the list of radically modifying their system.

The once touted as a “no fault” system, the nation’s workers’ compensation has been besieged by efforts to assert more restrictive requirements for benefits. Medical delivery has stagnated in a complex world of etiology and evidential proof of occupational claims. The cost of soaring medical care, once shifted easily to collateral health insurance companies and the Social Security system, has been met with convoluted reimbursement efforts. Large corporations and public entities that in the past were able to provide an additional stream of revenue to injured workers are now rapidly drying up and or become non-existent under bankruptcy laws. State governments, that maintain the administrative system, are now facing a monumental shortage is revenue and are closing down operations and converting some for criminal and economic sanctions to merely benefit the general state revenues. The few remaining second injury funds have become insolvent and the future remains bleak as the premiums committed to finance these agencies and programs become depleted.

On January 22, 2009,
Representative Joe Baca, a Democrat from California, introduced legislation (HR635) to establish a second National Commission on State Workers' Compensation Laws [Commission]. The first Commission was established under the Nixon administration in accordance with the Occupational Safety and Health Act. The new legislation that is now supported by representatives of injured workers lacks co-sponsors. Opposing the legislation is a long line of Industry based employers including the Americans Manufacturing Association and the National Chamber of Commerce.

John Burton, the former chair of the 1971 Commission, in a recent
interview, commented that many of the present systems do not even comply with threshold recommendations of the original Commission and that many of the present programs face some serious challenges.

Patrice Woeppel, Ed.D., author of
Depraved Indifference the Workers' Compensation System, has called for a single payer medical system to embrace both work and non-worker related injuries. By allowing the employer and insurance carrier to control the medical care she indicates, results in "restricting treatment to the cursorily palliative" or delay and denial of treatment to the injured worker. Additionally medical plan administrative costs of duplicative and wasteful.

As the national health care debate continues and the final legislation unfolds, the workers’ compensation medical delivery issues and wage replacements for temporary and permanent disability may become incorporated into direct or ancillary legislation. A second Commission, in one form or another, aimed at nationalizing the workers compensation system, may indeed become a reality.

Monday, March 28, 2016

Pleural mesothelioma reported in a school teacher: asbestos exposure due to DAS paste

The hazardous legacy exposures of school children and art teachers to  materials containing asbestos fiber, ie. Fibro Clay, and its causal relationship to mesothelioma, has been reported in a recent medical journal. Today's post is partially shared from ncbi.nlm.nih.gov/pubmed


BACKGROUND:
Malignant mesothelioma cases among primary school teachers are usually linked with asbestos exposure due to the mineral contained in the building structure. Among the approximately 12,000 cases of mesothelioma described in the fourth report of the National Mesothelioma Register, 11 cases of primary school teachers are reported, in spite of the fact that the "catalogue of asbestos use" does not describe circumstances of asbestos exposure other than or different to that due to asbestos contained in the buildings. Four cases in the Brescia Provincial Mesothelioma Register are identified as teachers, without this circumstance of exposure.

Saturday, May 18, 2013

Jenny Yang Sworn In as EEOC Commissioner Bipartisan Federal Agency Now at Full Strength

Jenny R. Yang was sworn in today as Commissioner of the U.S.  Equal Employment Opportunity Commission (EEOC). Yang was nominated by President Obama on Aug. 2, 2012, and was unanimously confirmed by the Senate on April 25, 2013, to serve a term expiring July 1, 2017.

With her arrival, the EEOC returns to its full complement of five commissioners. Yang joins
Chair
Jacqueline Berrien and Commissioners Constance Barker, Chai Feldblum and Victoria Lipnic to complete the five-member presidentially appointed bipartisan Commission, filling the position vacated by Stuart Ishimaru.

"I am delighted to welcome Jenny Yang to the Equal Employment Opportunity Commission," said EEOC Chair Jacqueline Berrien. "Her expertise in employment discrimination law and experience as a litigator will be great assets to the agency, and I look forward to working with her and my other colleagues on the Commission to promote equal opportunity in the workplace."

Yang was a partner of Cohen, Milstein, Sellers & Toll PLLC. She joined the firm in 2003, and she has represented thousands of employees across the country in numerous complex civil rights and employment actions. As chair of the firm's hiring and diversity committee, Yang has experience with the issues employers confront in making hiring and other personnel decisions.

Prior to joining Cohen Milstein, Yang served as a senior trial attorney with the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section, where she enforced federal laws prohibiting discrimination in employment by state and local government employers from 1998 to 2003. Before that, she worked at the National Employment Law Project to enforce the workplace rights of garment workers. Yang clerked for the Honorable Edmund Ludwig on the U.S. District Court for the Eastern District of Pennsylvania.

"It is an incredible honor to serve as a Commissioner of the EEOC," said Commissioner Yang. "It is a privilege to work with so many talented and dedicated colleagues to ensure equal opportunity for all."

Yang previously served for over five years as vice chair and board member of the Asian Pacific American Legal Resource Center, a nonprofit organization that provides legal assistance to low-income Asian Pacific Americans and small business owners in Washington, D.C., Maryland and Virginia.

Yang received her B.A. from Cornell University in government. She received her J.D. from New York University School of Law, where she was a note and comment editor of the law review and a Root-Tilden public interest scholar. Yang and her husband, Kil Huh, director of the States' Fiscal Health Project at the Pew Charitable Trusts, have two sons. She is the daughter The Honorable Sue Yang, Retired NJ Judge of Compensation.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov

Monday, July 11, 2022

50 years after the National Commission: Is the Workers' Compensation System


50 YEARS AFTER THE NATIONAL COMMISSION: IS THE WORKERS’ COMPENSATION SYSTEM SERVING INJURED WORKERS? 
Broadcast: July 11, 10:00 a.m - 11:30 a.m. ET

Monday, December 3, 2012

Why Injured Workers Should Deactivate Their Social Media Accounts


Your private photos could be used against you by insurance companies.

Today's post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.

Recently, it seems as though everyone is connected through social networking sites such as Facebook and Twitter. These tools have become a great way to keep in touch with friends and family scattered all over the world. Unfortunately, the information you or your connections post on your social networking sites can cause your workers’ compensation claim to be denied.
The Commission denied further benefits in part based on pictures obtained from Zack’s MySpace and Facebook pages.
For example, Zack Clement suffered a hernia when a refrigerator fell on him while he was working at a warehouse in Arkansas. After undergoing three surgeries and receiving work comp benefits for a year, Zack took his case back to the Arkansas Compensation Commission to get an extension of his benefits. The Commission denied further benefits in part based on pictures obtained from Zack’s MySpace and Facebook pages. The Arkansas Court of Appeals upheld the Commission’s decision, noting Zack’s claims of excruciating pain were inconsistent with the pictures of Zack drinking and partying.

In Iowa, the Workers’ Compensation Commission has also relied on Facebook posts to deny an injured worker benefits. Jody McCarthy had a debilitating back condition that she claimed was aggravated by her work. The deputy commissioner noted that

Saturday, October 25, 2014

Judge upholds citations issued for bloodborne pathogen and lead exposure hazards at West Caldwell, New Jersey, company

Drivers and loading-dock workers at UniFirst Corp. were exposed to hazards that involved bloodborne pathogens and lead at its West Caldwell, New Jersey, facility, according to an administrative law judge from the independent Occupational Safety and Health Review Commission. On Sept. 30, Administrative Law Judge Carol Baumerich issued a ruling that affirmed all citations and penalties against the company from a 2011 inspection by the U.S. Department of Labor's Occupational Safety and Health Administration.

"UniFirst's plain indifference to OSHA's requirements compromised the safety and health of its workers," said Robert Kulick, OSHA's regional administrator in New York. "The judge's decision in this case sends a strong message to UniFirst and other employers: Those who ignore their legal responsibility to provide safe and healthy workplaces for employees will be held accountable."

OSHA cited the company for violations of its Bloodborne Pathogens Standard, including failure to conduct proper training and provide Hepatitis B vaccinations to drivers and loading-dock workers. These workers picked up and sorted dirty lab coats and other laundry from customers who regularly drew and/or tested blood. The workers were exposed to lab coats and laundry potentially contaminated with blood or improperly disposed of contaminated needles or syringes mixed in with the laundry. The company was also cited for exposing workers to lead hazards because employees were picking up laundry that had been contaminated with lead. Lead was subsequently found on work surfaces at the facility.

UniFirst contested the citations, and a five-day hearing was held in Newark, New Jersey, beginning on May 22, 2013. Margaret Temple and Andrew Katz from the department's Regional Office of the Solicitor in New York tried the case.

Judge Baumerich found that UniFirst's management routinely and intentionally falsified training sign-in sheets, intentionally required employees to sign training sign-in sheets without receiving training, forged employee signatures and allowed training to be conducted by managers who were not competent in the subjects they taught.

The judge determined that the majority of the company's employees neither received the Hepatitis B vaccine nor signed the form declining the vaccine. In some cases, employees were not given the option to receive the vaccine for months, and in some instances years, upon gaining employment at the facility. The judge also found that the company did not comply with OSHA standards requiring the use of biohazard bags.

Judge Baumerich concluded that employees did not receive training on the hazards of lead exposure until after the OSHA inspection began, although they were potentially exposed to airborne lead before the inspection. She determined that without the proper training, employees would not know that laundry could be contaminated with lead or how to handle potentially contaminated laundry and to wear appropriate personal protective equipment.

UniFirst Corp., based in Wilmington, Massachusetts, has 20 days from the date the administrative law judge's decision is docketed with the Occupational Safety and Health Review Commission to appeal the ruling. The original inspection was conducted by OSHA's Parsippany Area Office.

The commission is an independent federal agency that decides contests of citations or penalties resulting from OSHA workplace inspections. An employer who is cited by OSHA for an alleged workplace health or safety violation can contest the OSHA citation and have the case heard by a commission administrative law judge, who issues a decision. The judge's decision can then be appealed to the commission, whose members are presidential appointees.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Perez v. UniFirst Corp.
OSHRC Docket Number: 12-1304

Friday, April 17, 2015

EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

Employee wellness is a good thing for workers' compensation, especially when paying physicians baaed on an outcome than than by the hour . The proposed EEOC Rule would permit incentives, emphasize confidentiality

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today published a Notice of Proposed Rulemaking (NPRM) describing how Title I of the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans. The NPRM is available in the Public Inspection portion of the Federal Register, and will be officially published on Monday, April 20, 2015. Members of the public have 60 days from that date (or until Friday, June 19) to submit comments.

The EEOC's proposed rule would provide much needed guidance to both employers and employees about how wellness programs offered as part of an employer's group health plan can comply with the ADA consistent with provisions governing wellness programs in the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act. In addition, the EEOC is also publishing a Fact Sheet for Small Businesses and a Question and Answer document for the general public.

Many employers that provide health insurance also offer workplace wellness programs intended to encourage healthier lifestyles or prevent disease. These programs sometimes use health risk assessments and biometric screenings to determine an employee's health risk factors, such as body weight and cholesterol, blood glucose, and blood pressure levels. Some of these programs offer financial and other incentives for employees who participate or achieve certain health outcomes.

Although the ADA limits the circumstances in which employers may ask employees about their health or require them to undergo medical examinations, it allows such inquiries and exams if they are voluntary and part of an employee health program.

The NPRM further requires that if an employee health program seeks information about employee health or medical examinations, the program must be reasonably likely to promote health or prevent disease. Employees may not be required to participate in a wellness program, and they may not be denied health coverage or disciplined if they refuse to participate

The EEOC's proposed rule makes clear that wellness programs are permitted under the ADA, but that they may not be used to discriminate based on disability. The rule explains that under the ADA, companies may offer incentives of up to 30 percent of the total cost of employee-only coverage in connection with wellness programs. These programs can include medical examinations or questions about employees' health (such as questions on a health risk assessment).

This limit is generally consistent with limits that HIPAA imposes on wellness programs. The rule also makes clear however, that the ADA provides important safeguards to employees to protect against discrimination based on disability. Accordingly, medical information collected as a part of a wellness program may be disclosed to employers only in aggregate form that does not reveal the employee's identity, and must be kept confidential in accordance with ADA requirements.

"The EEOC worked closely with the Departments of Labor, Health and Human Services, and Treasury in developing this NPRM to harmonize the ADA's requirement that medical inquiries and exams that are part of an employee health program must be voluntary, and HIPAA's goal of allowing incentives to encourage participation in wellness programs," said EEOC Chair Jenny R. Yang.

Employers also may not subject employees to interference with their ADA rights, threats, intimidation, or coercion for refusing to participate in a wellness program or for failing to achieve certain health outcomes. Finally, individuals with disabilities must be provided with reasonable accommodations that allow them to participate in wellness programs and to earn whatever incentive an employer offers.

In addition to setting a limit on incentives, the NPRM, which includes interpretive guidance that will be published along with the final rule, requires that employers provide employees a notice that describes what medical information will be collected, with whom it will be shared, how it will be used, and how it will be kept confidential. The interpretive guidance also includes an extensive discussion of both legal requirements and best practices that ensure confidentiality of employee medical information.

The Commission looks forward to receiving comments on the NPRM that will shape the final regulation. In addition, the Commission has asked a number of specific questions in the preamble to the NPRM on which it seeks comment before finalizing the rule. Methods for commenting are specified in the notice in the Federal Register.

One of the six national priorities identified by the Commission's Strategic Enforcement Plan is for the Commission to address emerging and developing issues in equal employment law, including issues involving the ADA among other possible issues.

The EEOC enforces the federal laws prohibiting employment discrimination. More information about the EEOC is available at www.eeoc.gov.

Saturday, September 24, 2022

New Jersey Cannabis Regulatory Commission issues guidance for workplaces

The New Jersey Cannabis Regulatory Commission has issued guidance for workplaces as a first step toward formulating and approving standards for Workplace Impairment Recognition Expert certifications.

Wednesday, September 4, 2013

UConn Health Center Study: Conn. Occupational Illnesses Above National Average

Occupational injuries remain compensable conditions. Most occupational conditions remain unreported and undiagnosed. Today's post was shared by WCBlog and comes from mansfield.patch.com


There were 7,265 unique cases of occupational illnesses reported to either the Workers’ Compensation Commission or the Department of Public Health in 2011 based on a study by the UConn Health Center prepared for the Connecticut Workers’ Compensation Commission. This is in addition to cases of traumatic occupational injury reported by the Connecticut Labor Department in its annual survey.

The overall 2011 rate of occupational illness in Connecticut is 27.8 illnesses per 10,000 workers, 35 percent higher than the national average, based on the standardized survey compiled by the Connecticut Labor Department. Both numbers of illnesses and rates of illnesses increased over 2010 for all three data sources for the report, although one of those sources was incomplete for the earlier year.

Occupational Disease in Connecticut, prepared for the Connecticut Workers’ Compensation Commission by occupational and environmental expert Tim Morse of the Health Center, reviewed information for the 2011 reporting year from three sources: the State Labor Department/Bureau of Labor Statistics (BLS) survey; the  Reports of First Injury to the Connecticut Workers Compensation Commission; and the  physicians reports to the Connecticut Department of Public Health under the Occupational Illnesses...
[Click here to see the rest of this post]

Friday, January 30, 2009

Commissioning The Federal Government for a New Workers' Compensation System

Legislation was recently introduced in Congress to re-establish a National Commission on State Workers’ Compensation Laws [Commission]. This attempt to recreate the almost 4 decades ago effort to evaluate uniformity of benefits, was introduced by a sole legislator, Representative Joe Baca [CA-43] and lacks any co-sponsorship or a duplicate effort in the US Senate.

The initial Commission I, 1972 Report of the National Commission on State Workmen's Compensation Laws, chaired by Professor Emeritus John Burton, looked the national patchwork of chaotic programs to provide uniformity of benefit delivery in the program almost 4 decades ago.

The 1972 report concluded: “We have concluded that there is a significant role for a modern workmen's compensation program and that the States' primary responsibility for the program should be conserved. We also agree that the protection furnished by workmen's compensation to American workers presently is, in general, inadequate and inequitable. Significant improvements in workmen's compensation are necessary if the program is to fulfill its potential.”

The bottom line is that the national system is a hodgepodge of state workers’ compensation laws that are not at all functional in today’s economic/medical market. The times changed since the original enactment of multiple state enactments in 1911. The present program has indeed out lived its usefulness. Over the decades many stakeholders have become preoccupied with economic considerations that have far seriously degraded human considerations.

A national review at the Federal level is a welcome sign that The Administration is using a thoughtful approach to change. This path must embrace the workers’ compensation medical delivery system into universal health care.

Friday, September 19, 2014

Subcommittee to Examines Legislation to Provide Greater EEOC Transparency and Accountability

On Wednesday, September 17 at 10:00 a.m., the Subcommittee on Workforce Protections, chaired by Rep. Tim Walberg (R-MI), held a legislative hearing on the EEOC Transparency and Accountability Act (H.R. 4959), the Litigation Oversight Act of 2014 (H.R 5422), and the Certainty in Enforcement Act of 2014 (H.R. 5423). 
The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. At a recent oversight hearing, witnesses shared growing concerns with various EEOC regulatory and enforcement actions. For example, “guidance” finalized in 2012 limits employers’ use of criminal background checks during the hiring process. The subcommittee also examined EEOC’s increasing reliance on systemic discrimination cases and the commission’s delegation of its litigation authority to the Office of General Counsel. In response to these concerns, a number of legislative proposals have been introduced:
  • H.R. 4959, introduced by Rep. Richard Hudson (R-NC), would increase EEOC transparency by, among other provisions, requiring the commission to post on its website and in its annual report any case in which the commission was required to pay court sanctioned fees or costs.
              
  • H.R. 5422, introduced by Rep. Walberg, would require EEOC commissioners to approve by majority vote all EEOC-initiated litigation involving multiple plaintiffs or allegations of systemic discrimination. 
               
  • H.R. 5423, also introduced by Rep. Walberg, would provide a safe harbor to employers complying with federal or state mandates, such as a law requiring criminal background checks.
"Chairman Walberg, Ranking Member Courtney and members of the Subcommittee, I  thank you for the opportunity to express my views on the proposed legislation. Unfortunately, however well intended, these proposed changes to the federal employment discrimination  statutes are unnecessary, premature and in practical effect, would thwart the effective law  enforcement function of the EEOC."
To learn more about the hearing, visit http://edworkforce.house.gov/hearings.

Sunday, September 14, 2014

New Safety Rules Weighed for Magnets

Today's post was shared by Take Justice Back and comes from www.nytimes.com

Late last summer, the worried mother of Annaka Chaffin, a 19-month-old from Columbus, Ohio, took her daughter to a hospital. The girl showed signs of a stomach bug, and after an exam, the hospital staff determined that she was probably suffering from a virus and sent her home.

The next day, Annaka was found unresponsive, with blood coming from her nose and mouth. Within hours, she was pronounced dead.

An autopsy showed magnets in the girl’s small intestine, according to a report by the Franklin County coroner’s office. The magnets had become attached to one another, cutting off the blood supply to her stomach and eventually killing her.

The Consumer Product Safety Commission cited the Chaffin case on Wednesday during a hearing to discuss potential new rules governing high-powered magnets, which the agency believes pose a special risk to children. From 2009 to 2013, roughly 2,900 children and teenagers went to the emergency room because they had ingested at least one high-powered magnet, according to the commission.

“These are not like the magnets you used to put on your refrigerator door,” said Dr. R. Adam Noel, an associate professor of pediatric gastroenterology at Baylor College of Medicine. “One kilogram of these drives a Prius.”

The ingestion hazard gained national attention when the safety agency began a two-year battle with Maxfield & Oberton, the creator of Buckyballs, sets of highly magnetic stacking spheres that were recalled...

[Click here to see the rest of this post]

Thursday, January 19, 2023

Insurance Agent's Conduct Determines Liability for Failure to Inform an Employer of Workers' Compensation Coverage Options

The NJ Supreme court held that the insurance agent's conduct must be a willful, wanton, or grossly negligent act of commission or omission for failure to advise an employer about workers' compensation coverage for a Limited Liability Corporation.

Thursday, January 5, 2023

FTC Proposes Rule to Ban Noncompete Clauses

The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their workers, a widespread and often exploitative practice that suppresses wages, hampers innovation, and blocks entrepreneurs from starting new businesses. By stopping this practice, the agency estimates that the new proposed rule could increase wages by nearly $300 billion per year and expand career opportunities for about 30 million Americans.

Wednesday, April 22, 2009

Industry Focuses on AAJ's Effort to Lobby for a Workers' Compensation National Commission

Industry has taken focus on the effort by AAJ's (American Association of Justice [formerly The American Trial Lawyers Association (ATLA (r)]) lobbying effort. Citing support of H.R. 635, a bill to establish a National Commission on State Workers' Compensation Laws, the Manhattan Institutes's blog has taken aim at the topics of speakers: Reinhardt, Galpern and Kohl, who are scheduled to speak at the AAJ annual meeting in San Francisco this summer.

The original 1972 National Commission Workers' Compensation Laws made 19 "essential recommendations." The US Department of Labor in 2004 compared the efforts by States to comply.

Friday, December 9, 2011

NJ Public Employee Pensions Headed for Major Changes

S3123 Replaces TPAF, PERS, PFRS and SPRS accidental disability benefits with reduced work-related disability benefit; modifies JRS disability benefit. 


12/1/2011 Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
12/9/2011 Reviewed by the Pension and Health Benefits Commission Recommend to enact with changes:


The Commission supports enactment of the bill with suggested modifications: 1) an increase in the work-related disability benefit of 40% should be considered for the most traumatic injuries that result in total disability; 2) a description of the level of medical coverage available in each system would be beneficial; 3) a monitoring of a potential shift to Workers Compensation awards would help identify any unintended costs that might result, and; 4) a change from the words “mental retardation” to “intellectual disability” would appear to be consistent with P.L.2010, c.50.


Read The Pending Legislation: S-3123

"This bill replaces the accidental disability benefit available to members of the Teachers’ Pension and Annuity Fund (TPAF), the Public Employees’ Retirement System (PERS), the Police and Firemen’s Retirement System (PFRS) and the State Police Retirement System (SPRS) with a new work-related disability benefit that is the same as the TPAF, PERS, PFRS and SPRS ordinary disability benefit of 1½% of compensation for each year of service but no less than 40% of compensation.

"In order to qualify for a work-related disability benefit, the member must receive a workers’ compensation award of permanent disability. The requirement for a medical examination may be waived when the Division of Workers’ Compensation in the Department of Labor and Workforce Development has determined that the member is 100% totally and permanently disabled.


Friday, October 2, 2009

Sears Roebuck Pays $6.2 Million for Inflexible Workers Compensation Exhaustion Policy

The Federal Court in Chicago approved the largest monetary amount ever in a single EOCC ADA law suit in a case involving Sears Roebuck.

The following was announced by the EEOC:

"The U.S. Equal Employment Opportunity Commission (EEOC) today announced the entry of a record-setting consent decree resolving a class lawsuit against Sears, Roebuck and Co. (Sears) under the Americans With Disabilities Act (ADA) for $6.2 million and significant remedial relief.

The consent decree, approved this morning by Federal District Judge Wayne Andersen, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC's suit alleged that Sears maintained an inflexible workers' compensation leave exhaustion policy and terminated employees instead of providing them with reasonable accommodations for their disabilities, in violation of the ADA.

"The facts of this case showed that, nearly twenty years after the enactment of the ADA, the rights of individuals with disabilities are still in jeopardy," said Commission Acting Chairman Stuart J. Ishimaru. "At the same time, this record settlement sends the strongest possible message that the EEOC will use its enforcement authority boldly to protect those rights and advance equal employment opportunities for individuals with disabilities."

EEOC Chicago District Director John Rowe, who supervised the agency's administrative investigation preceding the lawsuit, said that the case arose from a charge of discrimination filed with the EEOC by a former Sears service technician, John Bava. According to Rowe, Bava was injured on the job, took workers' compensation leave, and, although remaining disabled by the injuries, repeatedly attempted to return to work. Sears, Rowe said, "Could never see its way clear to provide Bava with a reasonable accommodation which would have put him back to work and, instead, fired him when his leave expired."

Regional Attorney John Hendrickson of the EEOC Chicago District Office said pre-trial discovery in the lawsuit revealed that hundreds of other employees who had taken workers' compensation leave were also terminated by Sears without seriously considering reasonable accommodations to return them to work while they were on leave, or seriously considering whether a brief extension of their leave would make their return possible.

"The era of employers being able to inflexibly and universally apply a leave limits policy without seriously considering the reasonable accommodation requirements of the ADA are over," Hendrickson said. "Just as it is a truism that never having to come to work is manifestly not a reasonable accommodation, it is also true that inflexible leave policies which ignore reasonable accommodations making it possible to get employees back on the job cannot survive under federal law. Today's consent decree is a bright line marker of that reality."

In addition to providing monetary relief, the three-year consent decree includes an injunction against violation of the ADA and retaliation. It requires, in addition, that Sears will amend its workers' compensation leave policy, provide written reports to the EEOC detailing its workers’ compensation practices' compliance with the ADA, train its employees regarding the ADA, and post a notice of the decree at all Sears locations.

According to Greg Gochanour, EEOC supervisory trial attorney in Chicago, "This is not merely a garden variety so-called 'cost of litigation' settlement. We discovered well over a hundred former employees who wanted to return to work with an accommodation, but were terminated by Sears - and some of them found it out when their discount cards were rejected while shopping at Sears. We believe Sears' decision to accept this decree makes good sense."

The lawsuit, filed in November 2004, was assigned to Federal District Court Judge Wayne Andersen of the Northern District of Illinois and Magistrate Judge Susan Cox, and is captioned EEOC v. Sears Roebuck & Co., N.D. Ill. No. 04 C 7282. Today's decree is dated September 29, 2009. The court will hold a final hearing, currently slated for approximately February 2010, at which time the court will make a final determination as to the fairness of the individual distributions from the $6.2 million settlement fund.

The EEOC litigation team has included, in addition to Hendrickson and Gochanour, Chicago trial attorneys Aaron DeCamp, Ethan Cohen, Deborah Hamilton and Laurie Elkin.

The EEOC enforces federal laws prohibiting discrimination in an employment. Further information about the Commission is available on its web site at www.eeoc.gov.

Monday, September 30, 2013

Oklahoma: Gov. Fallin's picks for workers comp commission lack experience

Today's post is shared from Tulsworld.com

Gov. Mary Fallin's first two appointments to the state's new workers compensation system have no experience in workers compensation law.

And that's OK, says Fallin spokesman Alex Weintz.
"As a manager and a business leader, Troy Wilson is acutely aware of how workers compensation affects businesses," said Weintz. "As the former director of the Department of Commerce, Jonna Kirschner knows what an obstacle workers comp costs can be to businesses looking to locate here."

Wilson, named by Fallin to be the first chairman of the new Workers Compensation Commission, and Kirschner, who is expected to be one of the commission's first administrative law judges, get high marks all around for integrity and general ability.

But the enabling legislation creating the new system specifies that commissioners "must have been involved in the workers compensation field for at least three years."
Judges, the law says, "shall have not less than three years of workers compensation experience prior to appointment."

Wilson is a retired banker, businessman and Xerox executive who was retired comfortably in Florida at the time of his appointment.

Kirschner is an attorney who specialized in corporate law before joining the Commerce Department. She is also the daughter of state Supreme Court Justice Yvonne Kauger, which could complicate the court's consideration of a lawsuit challenging the new system's constitutionality.

Weintz said questioning Wilson's...
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