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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, March 7, 2011

Maryland Awards Washington Redskins Football Player Benefits

Washington Redskins game at FedExField, Landov...Image via Wikipedia

 A Maryland Court of Appeals has awarded workers' compensation benefits to Tom Tupa, a Washington Redskins football payer. He was injured while warming-up for a football game to be played at FedEx Field in Landover, Maryland.

The Court held, "Considering the stipulated facts, we find that Tupa’s employment in Maryland was regular and not intermittent or temporary. Tupa was hired in Virginia, but the purpose of his employment was to play in professional football games at FedEx Field in Maryland and at various other stadiums around the country. We recognize that Tupa likely spends more time at the practice facility in Virginia than he spends playing in games at FedEx Field or elsewhere. As Hodgson suggests, however, the inquiry requires more than simply tallying up the quantity of time the employee spends in each jurisdiction. Here, it is clear that the purpose of Tupa’s employment was to play in games, not to practice. All of Tupa’s time in Virginia, whether practicing or attending team meetings, was geared towards improving his performance at the games. By way of contrast, a player signed to the practice squad would work entirely in Virginia because the purpose of a squad member's contract is to practice in Virginia."
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Washington Workers' Compensation Reform

The State of Washington is in the process of taking drastic action to reform its workers' compensation system as it faces potential insolvency within the next 5 years. A package of bills is advancing that would limit periodic benefits for older workers, restrict medical treatment and reduce costs of the ailing system.

The reform comes on heals of a bitter and contested failed ballot referendum last fall that would have privatized workers' compensation coverage. While the referendum did not succeed, legislators claim that a massive deficit is threatening the solvency of the entire system and that it needs to become much more restrictive in providing benefits.

Saturday, March 5, 2011

Vermont Universal Health Care to Embrace Workers Compensation

A two-stage bill in Vermont is geared to establishing a single-payer medical health care system that would include medical for workers' compensation claims.

The legislation " proposes to set forth a strategic plan for creating a single payer and unified health system. It would establish a board …. ; establish a health benefit exchange for Vermont as required under federal health care reform laws; create a public-private single payer health care system to provide coverage for all Vermonters after receipt of federal waivers.”

The plan proposes covering all workers' compensation claims:

"(3) To the extent allowable under federal law, the Vermont health benefit exchange may offer health benefits to employees for injuries arising out of or in the course of employment in lieu of medical benefits provided pursuant to chapter 9 of Title 21 (workers’ compensation)."
"(c) If the Vermont health benefit exchange is required by the secretary of the U.S. Department of Health and Human Services to contract with more than one health insurer, the Vermont health benefit exchange shall determine the appropriate method to provide a unified, simplified claims administration, benefit management, and billing system for any health insurer offering a qualified health benefit plan. The Vermont health benefit exchange may offer this service to other health insurers, workers’ compensation insurers, employers, or other entities in order to simplify administrative requirements for health benefits."

Nationally, advocates to improve the delivery of medical benefits to injured workers have urged federalization of the medical delivery system into a single payer approach through universal health care. The proposed Vermont single payer system is a unified state approach to the co-ordinated delivery of medical care.

Friday, March 4, 2011

Asbestos Awareness Conference To Focus on Public Health, Environment and The Economy

The Asbestos Disease Awareness Organization (ADAO), the largest U.S. organization serving as the voice of asbestos victims, presents its 7th Annual Asbestos Awareness Conference, Asbestos: Impact on Public Heath, Environment, and the Economy. The event will be held April 1 - 3, 2011, at the Atlanta Marriott Buckhead Hotel & Conference Center. This conference is made possible with the support of the Barbara Ann Karmanos Cancer Institute. Presentations will include occupational and non-occupational exposure issues, detection and treatment advances, environmental and economic impact, national and global policy. 

The international conference brings together experts from around the globe to collaborate and enhance efforts to completely ban asbestos. Attendees will hear about the most advanced medical, occupational and environmental information to prevent home, school and work asbestos exposure; as well as disease prevention and treatment. 

The conference will also quantify the economic impact of asbestos exposure to individuals, business and the government. Speakers will represent the United States, Canada, Mexico, Brazil, Japan, and Germany. The ADAO international conference is made possible with the support and collaborative efforts of the Barbara Ann Karmanos Cancer Institute in Detroit. Registration includes continental breakfast and lunch. 

Linda Reinstein, President/CEO and Co-Founder of the Asbestos Disease Awareness Organization, knows first hand the pain that can result from asbestos exposure after loosing her husband in 2006 to mesothelioma, a leading asbestos caused cancer. “ADAO is dedicated to the three core principles – education, advocacy, and community – as reaffirmed by this year’s powerful conference,” stated Reinstein. “This year’s event brings together some of the world’s most important voices, including leading professionals from different fields who play a pivotal role in globally uniting efforts to end asbestos disease. We welcome them and thank our many generous sponsors who are helping to make this event possible. There is indeed power in knowledge.” 

According to Michael Harbut M.D., MPH, FCCP, of the Barbara Ann Karmanos Cancer Institute, “The ADAO conference is one of the best educational and awareness opportunities for physicians, public health representatives, caregivers and other advocates. We all have an opportunity to make an impact on preventing asbestos-related diseases. Whether you’re a medical professional or someone who deeply cares about the health of your loved ones, this conference offers an important network for everyone.” 

The weekend will provide information and inspiration for those impacted by asbestos-related disease as well as others who advocate for safe environments. 

The conference also will recognize US Senator Max Baucus, and others,  those who have demonstrated exceptional service to enhance asbestos awareness. The Unity and Remembrance Brunch on April 3 will honor and remember loved ones lost to asbestos exposure, as well as support others impacted by asbestos-related diseases.


HBO To Air Special About Triangle Shirtwaist Fire

The HBO special, "Triangle: Remembering The Fire" will air on HBO starting, March 21, 2011 at 9pm. The documentary will commemorate the 100th anniversary of the fire where 146, mostly young immigrant women, were killed in the New York City garment district. The tragedy galvanized public opinion and sparked the birth of the modern labor movement which lead the way for safety regulations in the workplace.

Public Meeting Held On Zadroga Health Compensation Fund

A public hearing, sponsored by the National Institute for Occupational Safety and Health (NIOSH), was held Thursday in New York City concerning the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L 111-347). The purpose of the government sponsored meeting was to solicite comments on how to implement the Federal benefit program that was signed into law at the end of last year by President Obama.

Victims, their families and representatives were among the presenters at the day-long hearing. A major area of concern at the hearing was whether the program will cover cancer claims and claims for anxiety based diseases that resulted from the World Trade Center attack on September 11, 2001. The toxic cloud of dust and fumes that emanated from the site is of serious concern to medical professionals because of the known pulmonary irritants and carcinogens, including asbestos, that it contained and transported.

The law provides for additional benefits to those who worked near the site during the months following the disaster. Not only are first responders permitted to file for benefits, but the program provides coverage to those who were utility workers, who were involved in the restoration of services, ie. telephone and power, and it also includes those who were involved in the clean-up of the area and local residents.

Comments will accepted until 5:00pm EDT on April 29, 2011 and an implementation plan will be formalized by July, 2011. 

Thursday, March 3, 2011

US Postal Service May Fail to Deliver Workers Compensation Benefits

A small United States Postal Service truck see...Image via Wikipedia
In testimony before the US House of Representatives yesterday it was disclosed that the US Postal Service may defaulting on its delivery of workers' compensation benefits. A $1.3 billion payment scheduled for November 2011 just can't be met under present financial plans.


Patrick R. Donahoe, US Postmaster General stated, "Even as we continue to fulfill our commitment to service, we must address one particular area of concern – our liquidity. I would like to discuss this in more detail, to provide a clear picture of our situation and to give some background, especially for the new committee members. Without changes in applicable laws, at the close of this fiscal year, in seven months, the Postal Service will be insolvent, as we will be unable to meet all of our financial obligations."

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