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Friday, December 18, 2015

CDC Reports Increases in Drug and Opioid Overdose Deaths in US 2000-2014

Workers' Compensation has experienced the consequences of the national epidemic of drug and opioid deaths. The issue continues to be reported and addressed at the national levels. Unfortunately employers and workers' compensation insurance companies, as cost cost containment item, continue to use this information to merely restrict drug benefits to injured workers while not meeting the real challenge of the epidemic.


The United States is experiencing an epidemic of drug overdose (poisoning) deaths. Since 2000, the rate of deaths from drug overdoses has increased 137%, including a 200% increase in the rate of overdose deaths involving opioids (opioid pain relievers and heroin). CDC analyzed recent multiple cause-of-death mortality data to examine current trends and characteristics of drug overdose deaths, including the types of opioids associated with drug overdose deaths. During 2014, a total of 47,055 drug overdose deaths occurred in the United States, representing a 1-year increase of 6.5%, from 13.8 per 100,000 persons in 2013 to 14.7 per 100,000 persons in 2014. The rate of drug overdose deaths increased significantly for both sexes, persons aged 25–44 years and ≥55 years, non-Hispanic whites and non-Hispanic blacks, and in the Northeastern, Midwestern, and Southern regions of the United States. Rates of opioid overdose deaths also increased significantly, from 7.9 per 100,000 in 2013 to 9.0 per 100,000 in 2014, a 14% increase. Historically, CDC has programmatically characterized all opioid pain reliever deaths (natural and semisynthetic opioids, methadone, and other synthetic opioids) as "prescription" opioid overdoses (1). Between 2013 and 2014, the age-adjusted rate of death involving methadone remained unchanged; however, the age-adjusted rate of death involving natural and semisynthetic opioid pain relievers, heroin, and synthetic opioids, other than methadone (e.g., fentanyl) increased 9%, 26%, and 80%, respectively. The sharp increase in deaths involving synthetic opioids, other than methadone, in 2014 coincided with law enforcement reports of increased availability of illicitly manufactured fentanyl, a synthetic opioid; however, illicitly manufactured fentanyl cannot be distinguished from prescription fentanyl in death certificate data. These findings indicate that the opioid overdose epidemic is worsening. There is a need for continued action to prevent opioid abuse, dependence, and death, improve treatment capacity for opioid use disorders, and reduce the supply of illicit opioids, particularly heroin and illicit fentanyl.

The National Vital Statistics System multiple cause-of-death mortality files were used to identify drug overdose deaths.* Drug overdose deaths were classified using the International Classification of Disease, Tenth Revision (ICD-10), based on the ICD-10 underlying cause-of-death codes X40–44 (unintentional), X60–64 (suicide), X85 (homicide), or Y10–Y14 (undetermined intent) (2). Among the deaths with drug overdose as the underlying cause, the type of opioid involved is indicated by the following ICD-10 multiple cause-of-death codes: opioids (T40.0, T40.1, T40.2, T40.3, T40.4, or T40.6); natural and semisynthetic opioids (T40.2); methadone (T40.3); synthetic opioids, other than methadone (T40.4); and heroin (T40.1). Some deaths involve more than one type of opioid; these deaths were included in the rates for each category (e.g., a death involving both a synthetic opioid and heroin would be included in the rates for synthetic opioid deaths and in the rates for heroin deaths). Age-adjusted death rates were calculated by applying age-specific death rates to the 2000 U.S standard population age distribution (3). Significance testing was based on the z-test at a significance level of 0.05.

During 2014, 47,055 drug overdose deaths occurred in the United States. Since 2000, the age-adjusted drug overdose death rate has more than doubled, from 6.2 per 100,000 persons in 2000 to 14.7 per 100,000 in 2014 (Figure 1). The overall number and rate of drug overdose deaths increased significantly from 2013 to 2014, with an additional 3,073 deaths occurring in 2014 (Table), resulting in a 6.5% increase in the age-adjusted rate. From 2013 to 2014, statistically significant increases in drug overdose death rates were seen for both males and females, persons aged 25–34 years, 35–44 years, 55–64 years, and ≥65 years; non-Hispanic whites and non-Hispanic blacks; and residents in the Northeast, Midwest and South Census Regions (Table). In 2014, the five states with the highest rates of drug overdose deaths were West Virginia (35.5 deaths per 100,000), New Mexico (27.3), New Hampshire (26.2), Kentucky (24.7) and Ohio(24.6).† States with statistically significant increases in the rate of drug overdose deaths from 2013 to 2014 included Alabama, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Mexico, North Dakota, Ohio, Pennsylvania, and Virginia.

In 2014, 61% (28,647, data not shown) of drug overdose deaths involved some type of opioid, including heroin. The age-adjusted rate of drug overdose deaths involving opioids increased significantly from 2000 to 2014, increasing 14% from 2013 (7.9 per 100,000) to 2014 (9.0) (Figure 1). From 2013 to 2014, the largest increase in the rate of drug overdose deaths involved synthetic opioids, other than methadone (e.g., fentanyl and tramadol), which nearly doubled from 1.0 per 100,000 to 1.8 per 100,000 (Figure 2). Heroin overdose death rates increased by 26% from 2013 to 2014 and have more than tripled since 2010, from 1.0 per 100,000 in 2010 to 3.4 per 100,000 in 2014 (Figure 2). In 2014, the rate of drug overdose deaths involving natural and semisynthetic opioids (e.g., morphine, oxycodone, and hydrocodone), 3.8 per 100,000, was the highest among opioid overdose deaths, and increased 9% from 3.5 per 100,000 in 2013. The rate of drug overdose deaths involving methadone, a synthetic opioid classified separately from other synthetic opioids, was similar in 2013 and 2014.

Discussion

More persons died from drug overdoses in the United States in 2014 than during any previous year on record. From 2000 to 2014 nearly half a million persons in the United States have died from drug overdoses. In 2014, there were approximately one and a half times more drug overdose deaths in the United States than deaths from motor vehicle crashes (4). Opioids, primarily prescription pain relievers and heroin, are the main drugs associated with overdose deaths. In 2014, opioids were involved in 28,647 deaths, or 61% of all drug overdose deaths; the rate of opioid overdoses has tripled since 2000. The 2014 data demonstrate that the United States' opioid overdose epidemic includes two distinct but interrelated trends: a 15-year increase in overdose deaths involving prescription opioid pain relievers and a recent surge in illicit opioid overdose deaths, driven largely by heroin.

Natural and semisynthetic opioids, which include the most commonly prescribed opioid pain relievers, oxycodone and hydrocodone, continue to be involved in more overdose deaths than any other opioid type. Although this category of opioid drug overdose death had declined in 2012 compared with 2011, and had held steady in 2013, there was a 9% increase in 2014.

Drug overdose deaths involving heroin continued to climb sharply, with heroin overdoses more than tripling in 4 years. This increase mirrors large increases in heroin use across the country (5) and has been shown to be closely tied to opioid pain reliever misuse and dependence. Past misuse of prescription opioids is the strongest risk factor for heroin initiation and use, specifically among persons who report past-year dependence or abuse (5). The increased availability of heroin, combined with its relatively low price (compared with diverted prescription opioids) and high purity appear to be major drivers of the upward trend in heroin use and overdose (6).

The rate of drug overdose deaths involving synthetic opioids nearly doubled between 2013 and 2014. This category includes both prescription synthetic opioids (e.g., fentanyl and tramadol) and non-pharmaceutical fentanyl manufactured in illegal laboratories (illicit fentanyl). Toxicology tests used by coroners and medical examiners are unable to distinguish between prescription and illicit fentanyl. Based on reports from states and drug seizure data, however, a substantial portion of the increase in synthetic opioid deaths appears to be related to increased availability of illicit fentanyl (7), although this cannot be confirmed with mortality data. For example, five jurisdictions (Florida, Maryland, Maine, Ohio, and Philadelphia, Pennsylvania) that reported sharp increases in illicit fentanyl seizures, and screened persons who died from a suspected drug overdose for fentanyl, detected similarly sharp increases in fentanyl-relateddeaths (7).§ Finally, illicit fentanyl is often combined with heroin or sold as heroin. Illicit fentanyl might be contributing to recent increases in drug overdose deaths involving heroin. Therefore, increases in illicit fentanyl-associated deaths might represent an emerging and troubling feature of the rise in illicit opioid overdoses that has been driven by heroin.

The findings in this report are subject to at least three limitations. First, several factors related to death investigation might affect estimates of death rates involving specific drugs. At autopsy, toxicological laboratory tests might be performed to determine the type of drugs present; however, the substances tested for and circumstances under which the tests are performed vary by jurisdiction. Second, in 2013 and 2014, 22% and 19% of drug overdose deaths, respectively, did not include information on the death certificate about the specific types of drugs involved. The percent of overdose deaths with specific drugs identified on the death certificate varies widely by state. Some of these deaths might have involved opioids. This increase in the reporting of specific drugs in 2014 might have contributed to some of the observed increases in drug overdose death rates involving different types of opioids from 2013 to 2014. Finally, some heroin deaths might be misclassified as morphine because morphine and heroin are metabolized similarly (8), which might result in an underreporting of heroin overdose deaths.

To reverse the epidemic of opioid drug overdose deaths and prevent opioid-related morbidity, efforts to improve safer prescribing of prescription opioids must be intensified. Opioid pain reliever prescribing has quadrupled since 1999 and has increased in parallel with overdoses involving the most commonly used opioid pain relievers (1). CDC has developed a draft guideline for the prescribing of opioids for chronic pain to address this need.¶

In addition, efforts are needed to protect persons already dependent on opioids from overdose and other harms. This includes expanding access to and use of naloxone (a safe and effective antidote for all opioid-related overdoses)** and increasing access to medication-assisted treatment, in combination with behavioral therapies (9). Efforts to ensure access to integrated prevention services, including access to syringe service programs when available, is also an important consideration to prevent the spread of hepatitis C virus and human immunodeficiency virus infections from injection drug use.

Public health agencies, medical examiners and coroners, and law enforcement agencies can work collaboratively to improve detection of outbreaks of drug overdose deaths involving illicit opioids (including heroin and illicit fentanyl) through improved investigation and testing as well as reporting and monitoring of specific drugs, and facilitate a rapid and effective response that can address this emerging threat to public health and safety (7). Efforts are needed to distinguish the drugs contributing to overdoses to better understand this trend.

1Division of Unintentional Injury Prevention, National Center for Injury Prevention and Control, CDC.

Corresponding author: Rose A. Rudd, rvr2@cdc.gov, 770-488-3712.

References

  1. Paulozzi LJ, Jones C, Mack K, Rudd R. Vital signs: overdoses of prescription opioid pain relievers—United States, 1999–2008. MMWR Morb Mortal Wkly Rep 2011;60:1487–92.
  2. Bergen G, Chen LH, Warner M, Fingerhut LA. Injury in the United States: 2007 chartbook. Hyattsville, MD: National Center for Health Statistics; 2008 Available at http://www.cdc.gov/nchs/data/misc/injury2007.pdf Adobe PDF file.
  3. Murphy SL, Xu JQ, Kochanek KD. Deaths: final data for 2010. National vital statistics reports. Hyattsville, MD: National Center for Health Statistics; 2013. Available at http://www.cdc.gov/nchs/data/nvsr/nvsr61/nvsr61_04.pdf Adobe PDF file.
  4. CDC. Wide-ranging online data for epidemiologic research (WONDER). Atlanta, GA: CDC, National Center for Health Statistics; 2015. Available athttp://wonder.cdc.gov.
  5. Jones CM, Logan J, Gladden RM, Bohm MK. Vital signs: demographic and substance use trends among heroin users—United States, 2002–2013. MMWR Morb Mortal Wkly Rep 2015;64:719–25.
  6. Cicero TJ, Ellis MS, Surratt HL, Kurtz SP. The changing face of heroin use in the United States: a retrospective analysis of the past fifty years. JAMA Psychiatry 2014;71:821–6.
  7. CDC. Increases in fentanyl drug confiscations and fentanyl-related overdose fatalities. HAN Health Advisory. Atlanta, GA: US Department of Health and Human Services, CDC; 2015. Available at http://emergency.cdc.gov/han/han00384.asp.
  8. Davis GG. Complete republication: National Association of Medical Examiners position paper: recommendations for the investigation, diagnosis, and certification of deaths related to opioid drugs. J Med Toxicol 2014;10:100–6.
  9. Volkow ND, Frieden TR, Hyde PS, Cha SS. Medication-assisted therapies—tackling the opioid-overdose epidemic. N Engl J Med 2014;370:2063–6.
Rose A. Rudd, MSPH1; Noah Aleshire, JD1; Jon E. Zibbell, PhD1; R. Matthew Gladden, PhD1
* Additional information available at http://www.cdc.gov/nchs/nvss/mortality_public_use_data.htm.
Additional information available at http://www.cdc.gov/drugoverdose/data/statedeaths.html.
§ Additional information available at http://pub.lucidpress.com/NDEWSFentanyl/External Web Site Icon.
¶ Additional information available at http://www.cdc.gov/drugoverdose/prescribing/guideline.html.

Wednesday, September 4, 2013

Avoidable Deaths from Heart Disease, Stroke, and Hypertensive Disease — United States, 2001–2010

The US CDC reports that deaths attributed to lack of preventive health care or timely and effective medical care can be considered avoidable. In this report, avoidable causes of death are either preventable, as in preventing cardiovascular events by addressing risk factors, or treatable, as in treating conditions once they have occurred. Although various definitions for avoidable deaths exist, studies have consistently demonstrated high rates in the United States. Cardiovascular disease is the leading cause of U.S. deaths (approximately 800,000 per year) and many of them (e.g., heart disease, stroke, and hypertensive deaths among persons aged <75 years) are potentially avoidable.

Thursday, January 4, 2024

Long COVID-Related Illness is a Significant Cause of Death

Long COVID-Related deaths are statistically significant and will be reflected in an increase in workers' compensation dependency awards. More Than 3,500 Americans Have Died from Long COVID-Related Illness in the First 30 Months of the Pandemic. 

Tuesday, March 12, 2013

FDA Warns Zithromax® / Zmax® Antibiotics Potential Risk of Fatal Heart Rhythms

The U.S. Food and Drug Administration (FDA) is warning the public that azithromycin (Zithromax or Zmax) can cause abnormal changes in the electrical activity of the heart that may lead to a potentially fatal irregular heart rhythm. Patients at particular risk for developing this condition include those with known risk factors such as existing QT interval prolongation, low blood levels of potassium or magnesium, a slower than normal heart rate, or use of certain drugs used to treat abnormal heart rhythms, or arrhythmias. 


This communication is a result of the FDA's review of a study by medical researchers as well as another study by a manufacturer of the drug that assessed the potential for azithromycin to cause abnormal changes in the electrical activity of the heart.
The azithromycin drug labels have been updated to strengthen the Warnings and Precautions section with information related to the risk of QT interval prolongation and torsades de pointes, a specific, rare heart rhythm abnormality. Information has also been added regarding the results of a clinical QT study which showed that azithromycin can prolong the QTc interval. (see Data Summary)
Health care professionals should consider the risk of fatal heart rhythms with azithromycin when considering treatment options for patients who are already at risk for cardiovascular events (see Additional Information for Health Care Professionals below).  FDA notes that the potential risk of QT prolongation with azithromycin should be placed in appropriate context when choosing an antibacterial drug: Alternative drugs in the macrolide class, or non-macrolides such as the fluoroquinolones, also have the potential for QT prolongation or other significant side effects that should be considered when choosing an antibacterial drug.

Wednesday, September 24, 2014

Cal/OSHA fines UC Berkeley $26,000 in death of custodian

Today's post was shared by CAAA and comes from www.sfgate.com


State workplace safety officials have fined UC Berkeley more than $26,000 for violations in connection with the death of a custodian who tumbled 22 feet from a lift that collapsed as he was cleaning windows in April.
California's Division of Occupational Safety and Health determined that supervisors of the custodian, Damon Frick, 45, of Richmond failed to ensure that the lift was assembled correctly and allowed Frick to use it unsupervised.
UC Berkeley said that as he assembled the lift, Frick apparently ignored a label warning of "serious injury or death" if a certain piece was inserted as Frick did it.
At the same time, "we have documentation that Mr. Frick was fully trained in use of this lift," the university said.
But the training was ineffective because it was provided more than two years earlier, Cal/OSHA inspectors said.
"This unit is used approximately once a year with no in-between training or practice," according to the citation issued Sept. 9. "The training was ineffective as the last training was provided on March 12, 2012.
On April 7, Frick was vacuuming auditorium window sills at International House at 2299 Piedmont Ave. while standing on an elevated platform made by Upright Lifts Inc.
At 7:45 a.m., another employee heard a crash, rushed to the auditorium, and found Frick "flat on his back on the floor along with the lift that tipped over," inspectors said.
There were no witnesses. Frick was taken by ambulance...
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Tuesday, April 6, 2021

FEMA to Help Pay Funeral Costs for COVID-19-Related Deaths

In early April 2021, FEMA will begin providing financial assistance for funeral expenses incurred after Jan. 20, 2020 for deaths related to coronavirus (COVID-19) to help ease some of the financial stress and burden caused by the pandemic. The policy was finalized today, and FEMA is now moving rapidly to implement this funeral assistance program nationwide.

Tuesday, May 14, 2019

Governor Conditionally Vetoes NJ Supplemental Benefits Bill

The NJ supplemental workers' compensation bill has been conditional vetoed by NJ Governor Murphy. In the conditional veto message the Governor notes that the legislation's unintended consequences would jeopardize NJ's "reverse offset," shift the cost responsibility and not provide an economic benefit to the injured workers. The NJ Senate then took action.

Monday, January 30, 2012

NFL Players Tackling Heart Disease

Many football players are essentially paid to be big—really big—especially those whose job is to block or stop the big guys on the other team.  They also suffer from medical conditions that are work related and claim medical benefits and other benefits available under the Workers' Compensation Act. 
There is a good chance that these players weigh in at sizes that are classified as obese as defined by body mass index (BMI).  In the general population, high BMI generally correlates with high body fat, and we know that high body fat is a risk factor for death (mortality) and heart disease.  Is the same true for elite athletes, for whom high BMI may relate to increased muscularity rather than increased body fat?  What if the athlete plays a position where size simply matters, regardless of whether size is related to muscle or to body fat?   And what happens when former athletes are no longer conditioning at their playing-day levels?  Do professional football players die earlier than or more often from heart disease or cancer than the average American male?   New research from the National Institute for Occupational Safety and Health (NIOSH) helps answer these and other questions.
In 1994, NIOSH published research examining death rates and risk factors for former National Football League (NFL) players.1  At that time the research was based on all deaths that had occurred through 1991.   After following these players for an additional 16 years, NIOSH has just published new researchExternal Web Site Icon. on the topic in the American Journal of CardiologyExternal Web Site Icon..  
The study included 3,439 retired NFL players from the 1959 through 1988 seasons.  The study found that:
  • Players had a much lower overall rate of death compared to men in the general U.S. population of similar age and racial mix. On average, NFL players are actually living longer than the average American male. Out of the 3,439 players in the study, 334 were deceased. Based on estimates from the general population, we anticipated roughly 625 deaths.
  • Players also had a much lower rate of cancer-related deaths compared to the general U.S. population. A total of 85 players died from cancer when we anticipated 146 cancer-related deaths based on estimates from the general population.
  • Players who had a playing-time BMI of 30 or more had twice the risk of death from heart disease compared to other players. Similar findings have been noted in other studies. Offensive and defensive linemen were more likely to have a BMI greater than 30. A BMI of 30 or more is considered obese in the general population whereas a healthy BMI is between 18.5-24.9.
  • African American players had a 69% higher risk of death from heart disease compared to Caucasian players.   The study controlled for player size and position and determined that those factors are not the reason for this difference.
  • Defensive linemen had a 42% higher risk of death from heart disease compared to men in the general population. A total of 41 defensive linemen died of heart disease, when we anticipated 29 deaths based on estimates from the general population.  Among the 41 defensive linemen who died of heart disease, 8 deaths were due to cardiomyopathy (a specific kind of heart disease that causes the heart to enlarge and can lead to heart failure). We anticipated fewer than two deaths from cardiomyopathy. We saw this increased risk only among the defensive linemen.
Source The NIOSH Science Blog

Read Also: 
Body Mass Index, Playing Position, Race, and the Cardiovascular Mortality of Retired Professional Football Players
"The initial cohort included 3,732 NFL players but 292 players with unknown race and 1 “player” who was actually a trainer were excluded. By the end of follow-up in 2007, the final cohort of 3,439 players contributed 104,776 person-years at risk and 334 deaths. On average the cohort was followed for 26.8 ± 8.7 years (mean ± SD) after retirement from the NFL. For players still alive, the median age at the study end date was 57 years; 60% of the players were white (including 15 Hispanics) and 39% were African-American..."

Thursday, July 9, 2020

Certain NJ Public Employees to Receive Accidental Disability Pensions for COVID Claims

The following is the evolution of NJ Assembly Bill No. 3945 that was amended in its final stages before passage. The law extends eligibility for accidental disability and accidental death benefits to certain PFRS, SPRS, and PERS members who contract COVID-19 and test positive for SAR-CoV-2. Certain pensions offset NJ workers’ compensation awards. See Workers' Compensation Fact Sheet #45, NJ Division of Pensions (February 2019), https://www.state.nj.us/treasury/pensions/documents/factsheets/fact45.pdf.

Saturday, April 5, 2014

VA pays out $200 million for nearly 1,000 veterans’ wrongful deaths

Today's post was shared by FairWarning and comes from cironline.org

An Iraq War veteran with post-traumatic stress disorder and a history of drug dependency is found dead on the floor of his room at the U.S. Department of Veterans Affairs hospital in West Los Angeles after doctors give him a 30-day supply of the anti-anxiety medication alprazolam and a 15-day supply of methadone.

In Shreveport, La., a veteran overdoses on morphine while housed in a locked VA psychiatric unit. In a Minnesota VA psych ward, a veteran shoots himself in the head. In Portland, Ore., a delusional veteran jumps off the roof of the VA hospital.

These are some of the deaths that resulted in more than $200 million in wrongful death payments by the Department of Veterans Affairs in the decade after 9/11, according to VA data obtained by The Center for Investigative Reporting.

In that time, CIR found the agency made wrongful death payments to nearly 1,000 grieving families, ranging from decorated Iraq War veterans who shot or hanged themselves after being turned away from mental health treatment, to Vietnam veterans whose cancerous tumors were identified but allowed to grow, to missed diagnoses, botched surgeries and fatal neglect of elderly veterans.

“It wasn’t about the money, I just thought somebody should be held accountable,” said 86-year-old Doris Street, who received a $135,000 settlement in 2010 as compensation for the 2008 death of her brother, Carl Glaze. The median payment in VA wrongful death cases was $150,000.

Glaze, a...

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Friday, September 19, 2014

Death Count Raised to 19 in GM Ignition-Switch Defect

Today's post was shared by Take Justice Back and comes from online.wsj.com

The General Motors Co. faulty ignition-switch death toll now stands at 19, above the company's earlier estimate, and may go higher as a review of compensation claims continues.
Attorney and compensation expert Kenneth Feinberg —hired by GM to create a claims process and evaluate submissions—released the figure on Monday, his first public update on ignition-switch injury claims. Mr. Feinberg said he continues to evaluate some of the 125 death claims that have been filed as of Friday.
The new figure comes after the auto maker spent months down-playing the death count, saying it knew of only 13 deaths based on the information it had at the time. GM Chief Executive Mary Barra later softened the company's stance when she established the victim compensation fund and delegated the responsibility of determining who was killed or injured to Mr. Feinberg.
"We have previously said that Ken Feinberg and his team will independently determine the final number of eligible individuals, so we accept their determinations for the compensation program," GM said in a statement. "What is most important is that we are doing the right thing for those who lost loved ones and for those who suffered physical injury."
The compensation fund has received a total of 445 claims. Nineteen were certified as deaths while 12 others were certified as legitimate injury claims. Details about all the claims weren't released although no one has yet agreed to take the...
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Friday, July 6, 2012

Overwork A Recognized Compensable Condition

The Japanesse courts have coined "overwork" as a soaring compensable mental health condition based on depression cause by adverse work conditions. The worldwide economic downturn has resulted in more demanding working conditions which have become adverse to employee health. Fatigue, caused by demanding schedules and long work hours has been found as a major contributing cause of depression for Japanese workers.

The Economist reported. "HARA-KIRI is a uniquely Japanese form of suicide. Its corporate equivalent is karoshi, “death by overwork”. Karōshi (過労死?), which can be translated literally from Japanese as "death from overwork", is occupational sudden death. Although this category has a significant count, Japan is one of the few countries that reports it in the statistics as a separate category. The major medical causes of karōshi deaths are heart attack and stroke due to stress.


....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.



Related Blog Post

Feb 28, 2012
The Compensabilty of Death By Overwork. Late in the 1970s, serious social concern over health problems due to long working hours has arisen in Japan. This report briefly summarizes the Japanese circumstances about long ...


Related Articles
The New Mental Workplace Stress : Loneliness
Workers' Compensation claims have been increasing for mental stress claims as technology evolves and more workers are feeling more isolated and estranged from their co-workers by technology. Mental disability attributed to psychological stressors have for decades been recognized as a compensable event in workers' compensation.  Stress claims are on the upswing as employees work alone and the declining economy forced limitations on  employer generated social activity.

Stress in the Workplace: The Availability of Workers' Compensation Benefits
Compensability for occupational diseases has become commonplace in most, if not all, jurisdictions throughout the country; however, the majority of claims filed allege physical rather than mental disability. The California Workers' Compensation Institute recently published their study of mental stress claims which indicated an increase of 430 percent in the number of claims filed from 1980 to 1986.

The main causes for these claims include job pressures, harassment, and job termination. Other types of discrimination and stressors account for a small percentage of the claims filed.

Stressful Jobs Are A Killer
Workers exposed to stress for at least half their working lives are 25 per cent more likely to die from a heart attack, and have 50 per cent higher odds of suffering a fatal stroke. Also, blue-collar workers are more prone to such illnesses than executives. These facts are exposed in the ‘modern workers health check’ featured in the latest issue of TUC backed Hazards magazine out today (Tuesday).

TUC research shows that stress is Britain’s number one workplace health hazard. Now the ‘modern workers health check’ reveals worldwide evidence of employees being worked into the ground:

Workers with stressful jobs are more than twice as likely to die from heart disease. 

Sunday, September 25, 2011

SeaWorld killer whale attacks expose incomplete incident reporting

Guest Blog By Edgar Romano*

This week a trial began in Florida between SeaWorld theme parks and the Occupational Safety and Health Administration(OSHA). The trial is over several citations and a fine stemming from incidents in which killer whales (also known as orcas) killed or injured trainers at SeaWorld water parks. Most recently, on February 24, 2010, a giant killer whale named Tilikum gruesomely killed trainer Dawn Brancheau by grabbing her ponytail and pulling her under the water in front of a horrified audience.

In August of 2011, SeaWorld was fined $75,000 by OSHA for three safety violations, including one in connection with Brancheau’s death. The agency’s investigation “revealed that SeaWorld trainers had an extensive history of unexpected and potentially dangerous incidents involving killer whales at its various facilities,” the OSHA statement said.

Prior to Brancheau’s death, California OSHA had issued a citation against SeaWorld, coming to the conclusion that if procedures at the parks didn’t change, eventually somebody was going to die. SeaWorld used political lobbying to have the citation withdrawn. Just a few years later Dawn Brancheau was killed.

In yesterday’s hearing, OSHA asserted that, although SeaWorld does walk each trainer through all recorded dangerous incidents between whales and humans (98 incidents since 1988), there are many dangerous incidents that just don’t make it into the incident reports.

This brings up an important point that all employers would be smart to take note of: without comprehensive reporting, working conditions will remain unsafe.

EDGAR ROMANO received his undergraduate degree cum laude from Brandeis University and his Juris Doctorate from The John Marshall Law School. He is a Senior Partner in the Workers' Compensation Department and has been with the firm since 1995. Mr. Romano is actively engaged in litigating workers compensation claims including those claims arising out of occupational exposure to asbestos and industrial irritants. He has lectured extensively to labor unions and medical providers. Mr. Romano isPresident of the Workers Injury Law and Advocacy Group and is on the Board of Directors of the New York State Workers' Compensation Bar Association. He is a member of the Leader's Forum of the American Association of Justice and Vice-President of the Workers' Compensation Section. He is a member of theNew York State Bar Association, the New York State Trial Lawyers Association, the Jewish Lawyer's Guild, and NYCOSH. Mr. Romano serves on the Advisory Committee of the World Trade Center Medical Monitoring Program at Mt. Sinai Hospital. He is listed in "Who's Who in American Law"..
Mr. Edgar Romano was selected as one of the "Workers' Compensation Notable People for 2008".  He blogs regularly atWorkers' Law Watch where this posted appeared originally on September 23, 2011.

Wednesday, April 29, 2015

Bumble Bee Foods, Two Others Charged in Death of Employee Trapped Inside Industrial Oven

Los Angeles County District Attorney Jackie Lacey today announced that Bumble Bee Foods LLC and two others were charged with willfully violating worker safety rules, allegedly causing the 2012 death of an employee who became trapped inside an industrial oven at the company’s Santa Fe Springs plant.

Sunday, September 28, 2014

Widow awarded compensation for husband's asbestos related cancer death (From Bucks Free Press)


Widow awarded compensation for husband's asbestos related cancer death
Widow awarded compensation for husband's asbestos related cancer death

A WIDOW has been awarded a six figure compensation sum after her husband's former employers admitted liability for causing his death.
Pamela Page was awarded £177,500 following the death of her husband Geoffrey of an asbestos related cancer.
Lawyers acting on behalf of Mrs Page said her husband worked in a room at property owned by the music company EMI for three months cutting and drilling insulation material containing white asbestos - without being given protective clothing.
Mr Page, of Chalfont St Peter, only stopped the work in a tool room at an EMI property in Spinfield Road, Hayes, when he was visited by a union representative and told to cease.
He died in September 2011 aged 80 after being diagnosed with an asbestos related cancer. EMI accepted liability in recognition of the suffering Mr Page went through and the nursing care provided by his wife.
The action was brought against EMI on Mrs Page's behalf by the law firm Charles Lucas and Marshall.
Brigitte Chandler from the firm said: "By 1980 when Mr Page was working for EMI, knowledge of the dangers of asbestos was well known and Mr Page should not have been asked to work with the product without any protection.
"He obviously breathed in asbestos dust. This is why EMI’s insurers have accepted liability."
She added: "Sadly, the number of people dying from mesothelioma and lung cancer continues to increase due to the...
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Friday, August 17, 2007

U.S. Department of Labor's OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer

U.S. Department of Labor's OSHA proposes $2.78 million fine against Cintas Corp. following Tulsa, Okla., employee death in industrial dryer Alabama, Arkansas, Ohio and Washington facilities also inspected

U.S. Department of Labor press releaseAugust 17, 2007

http://www.osha.gov/pls/oshaweb/owasrch.search_form?p_doc_type=NEWS_RELEASES&p_toc_level=1&p_keyvalue=200708&p_status=CURRENT

WASHINGTON – The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) today proposed $2.78 million in penalties against Ohio-based Cintas Corp. following an inspection into the March 2007 employee death at the Cintas laundry facility in Tulsa, Okla. The employee was killed when he fell into an operating industrial dryer while clearing a jam of wet laundry on a conveyor that carries the laundry from the washer into the dryer.
Cintas is the largest uniform supplier in North America, with more than 400 facilities employing more than 34,000 people. The facility in Tulsa has 160 employees.
"Plant management at the Cintas Tulsa laundry facility ignored safety and health rules that could have prevented the death of this employee," said Assistant Secretary of Labor for OSHA Edwin G. Foulke Jr.
Forty-two willful, instance-by-instance citations allege violations of the OSHA lockout/tagout standard for the failures to shut down and to lock out power to the equipment before clearing jams, and to train four employees responsible to clear jams that lockout/tagout applies and how to perform the operations. One repeat citation alleges the failure to protect employees from being struck or pinned by the conveyor. Three serious citations allege the failures to protect employees from falls, to have a qualified person inspect the lockout/tagout procedures and to certify the procedures as required.
In a separate case, OSHA today issued five repeat and two serious citations with penalties totaling $117,500 for violations of the lockout/tagout and machine guarding standards found at the Cintas Columbus, Ohio, facility. OSHA also has opened investigations in Arkansas and Alabama. Washington, an OSHA State Plan state, has issued four citations with proposed fines totaling $13,650, alleging violations for similar hazards at the Yakima Cintas facility.
A willful violation is one committed with intentional disregard of the requirements of the Occupational Safety and Health Act or plain indifference to employee safety or health. A serious violation is one that could cause death or serious physical harm to employees, and the employer knew or should have known of the hazard.
Cintas has 15 working days from receipt of the citations to contest the citations and the proposed penalties before the independent Occupational Safety and Health Review Commission.

Sunday, August 11, 2013

South Lakeland nurse killed himself after being wrongly accused of inappropriate contact with patient, inquest hears

Today's post was shared by WCBlog and comes from www.thewestmorlandgazette.co.uk

Suicide: South Lakeland nurse killed himself after being wrongly accused of inappropriate contact with patient, inquest hears

10:21am Friday 12th July 2013 in News

A NURSE was found hanged at his South Lakeland home after being wrongly accused of inapporpriate contact with a female patient, an inquest heard.

Christopher Milnes, 50, was fully exonerated but at the hearing his family hit out at Morecambe Bay NHS Trust for taking so long to inform him he was in the clear.

The false claim was made while Mr Milnes was working at the Royal Lancaster Infirmary in May 2012.

He was found dead at home in Chestnut Close, Holme, near Milnthorpe, on December 16.
A pathologist gave the cause of death as hanging and found no alcohol, drugs or underlying health conditions.

Sunday, May 30, 2021

Death by Overwork

The consequences of working too much can have fatal consequences. The COVID-19 pandemic has accelerated this trend by extending work hours through remote work and eliminating time-off, including vacations. The toll on the American workforce is devastating, and the consequences on the entire workers’ compensation system are enormous. 

Friday, June 21, 2013

Criminal Charges Urged Against Sedgwick

Injured Workers’ Advocates Seek Criminal Penalties for Death After Insurer’s “Callous Indifference, Reckless Disregard of Care”

"Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?"
Several attorneys from the Central Coast Chapter of the California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, held a news conference today on the steps of the Ventura County District Attorney Gregg Totten’s (DA) office and called for the DA to file criminal charges against a claims adjuster for Sedgwick Claims Services, and against Sedgwick itself, for their callous  indifference to, and reckless disregard for, the health and welfare of Charles Romano, a Ralph’s Grocery Co. worker, which resulted in his death.

“Even after a judge determined Charles’ illness was a result of his work injury, the insurance carrier continued to refuse medical care. Charles soon died,” said Jill Singer, a Ventura workers’ compensation insurance attorney, and Central Coast CAAA Chapter President. “Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?”

Sid Freeman was Charles Romano’s friend, and helped care for him during the final months of his life. “Charles and I were friends for over 27 years.  He was like a brother to me. Charles was only in his 40’s when he was injured on the job. He had surgery to repair his injuries and afterwards contracted a highly resistant staph infection that attacked his lungs, kidneys and paralyzed him,” said Freeman.  Sedgwick, the insurer, refused to pay for the necessary care for the infection. Ms. McDivitt, the claims adjustor, said the infection was unrelated to Charles’ work injury. This lack of needed care led to a horrific downward spiral in Charles’ health. Sedgwick drove Charles to want to die. He said, ‘I’m tired of having to fight for everything.’ Two weeks later, he died.”

Friday, November 21, 2014

Defective Takata Airbag Grows Into Global Problem for Manufacturer

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



SIBU, Malaysia — Law Suk Leh, late in her pregnancy, was driving in the industrial outskirts of this steamy riverside city when her 2003 Honda City collided with a turning car.
Her airbag’s inflater ruptured on the July evening, spraying metal shrapnel into her neck. Ms. Law, 43, bled to death before reaching the hospital, according to the local police.
Doctors performed an emergency operation to deliver Ms. Law’s baby, a girl. But she died two days later.
Honda publicly linked the July death to the inflater last Thursday, making it the first fatality outside of the United States tied to faulty airbags made by Takata, a Japanese auto supplier.
“The cause of death for this incident is rupture of the inflater,” said a Honda spokesman in Malaysia. Ms. Law’s identity was confirmed by the police.
What began as a largely American problem for Takata is taking on ever-wider proportions, confronting drivers and regulators in multiple countries with differing legal systems and attitudes toward automobile safety.
Until the report of Ms. Law’s death, the previous four fatalities were in the United States. But faulty inflaters, made at North American plants, also ended up in overseas cars. Ms. Law’s Honda was manufactured in Thailand.
The spokesman for Honda Malaysia, Jordhatt Johan, said the car was part of a recall in June, although it was limited to passenger airbags. Honda announced a recall last week covering driver airbags.
In the United...
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