Workers' Compensation

Monday, August 1, 2011

Workers Compensation Named to Top 50 Human Resources Blogs 2011

Evan Carmichael of The Entrepreneur Blog has named Workers Compensation Blog to the Top 50 Human Resources Blogs of 2011. Workers Compensation Blog is a resource for trends and developments in workers' compensation. It's popularity has grown exponentially over the last few years. The site contains hundreds of resource articles and links. It has received hundreds of thousands of hits and page views.

"Anyone who has ever run a business knows one thing – the most important resource you have at your disposal are the people around you. That is why getting your human resources strategy right is so crucial to business success. The following Top 50 Human Resources Blogs of 2011 can help you do just that.

"Written by the industry’s best, these blogs can help you with everything from hiring, to firing, to becoming a strong leader and managing your people in the best way possible. To reach the top, you need to have a solid team supporting you.

Why is the US Still in the Asbestos Business?

The US still has not banned asbestos. The recently released US Geological Survey just published the latest statistics reporting that 1,040 metric tons of asbestos, a know carcinogen and the cause of mesothelioma, a rare and fatal disease, was consumed in 2010 in the US. Roofing products account for about 72% of US consumption and other applications 28%.

Where does it come from? Our northern neighbor, Canada. Asbestos has not been mined in the US since 2002. The US imports 99% of the asbestos it consumed from Canada. In fact the US consumed 1,040 metric tons in 2010 which was an increased from 869 metric tons in 2009.

If Congress really wanted to improve the health of both its citizens and the economy, it would take appropriate action to ban asbestos in the US.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Employers Risks Increase From Cell Phone Use

The results of a recent survey of US construction industry managers reflects that employers are now facing an increased risk of lawsuits for damages caused by accidents that their employees have had while using a cell phones while driving at work. The survey demonstrates that the passive action by employers, by merely having a written cell phone policy, is ineffective to stop distracted driving accidents caused by cell phone use.

The study, published by Zoom Safer Inc. , reveals that 72.1% of construction companies already have a written policy restricting employee cellphone use while driving. The findings of the survey disclose that 25.2% of the companies have knowledge or evidence that employee vehicle crashes occurred as a result of distractions arising from the use of cell phones while driving. The economic consequences for those companies could be severe since 10.8% of the companies responding to the survey reported that the accidents have resulted in lawsuits against the employer for employee's use of the a cell phone while driving.

While workers' compensation is a no fault system of insurance, the surge of claims caused by distracted driving by employees, will ultimately result in severe economic consequences to the employer. It is more than obvious that the economic liability to employers will be a driving force for employers to take a more active roll in curbing cell phone use, and for insurance carriers to reconsider the the need to transferability to employers to reduce distracted driving claims.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Saturday, July 30, 2011

National Analysis of Workers Compensation Medical Benefits

The just published, Issue 3 of the Workers’ Compensation Resources Research Report (WCRRR) provides 23 years of information on cash benefits, medical benefits, and total (cash plus medical) benefits per 100,000 workers for up to 47 jurisdictions each year. Workers’ compensation benefits per 100,000 workers varied significantly nationally over these years.

In the most recent six years, total benefits per 100,000 workers increased by less than one percent in two years and declined in the other four years. There also typically are wide differences among jurisdictions in the generosity of benefits in a particular year. In 2007, for example, total benefits per 100,000 workers were more than fifty percent about the national average in five states and more than fifty percent below the national average in one jurisdiction. Over the 23 years, the differences among states have narrowed for cash benefits, medical benefits, and total benefits, although the differences among states in medical benefits have increased since 1998.

The WCRRR is edited by John F. Burton, Jr. Additional information about Issue 3 and an order form are available at www.workerscompresources.com.
Related articles

FECA Maybe Getting a Tuneup After 40 Years

A recent Congressional hearing concerning the Federal workers' Compensation program for injured workers reveals insight into the dramatic problems facing the nation's benefit program. The program has not had any major revisions in the last 40 years.

Senator Daniel K. Akaka remarked:

"One of FECA’s core principles is that workers and their families should be no better or worse off than they would have been if the worker had not been injured."

Member Statements
Senator Daniel K. Akaka [view statement]

Witnesses
Panel 1
The Honorable Christine M. Griffin [view testimony]
Deputy Director
U.S. Office of Personnel Management

Mr. Gary Steinberg [view testimony]
Acting Director, Office of Workers’ Compensation Programs
U.S. Department of Labor

Panel 2

Mr. Andrew Sherrill [view testimony]
Director, Education, Workforce, and Income Security
U.S. Government Accountability Office

Mr. Joseph Beaudoin [view testimony]
President
National Active and Retired Federal Employees Association

Mr. Ronald Watson [view testimony]

Consultant
National Association of Letter Carriers, AFL-CIO

Dr. Gregory Krohm [view testimony]
Executive Director
International Association of Industrial Accident Boards and Commissions

Cell Phones and Cancer: The Static in the Debate

A recently published European study boldly and with much confusion declares that children are not at an increased risk of cancer as a result of cell phone use. Knowledgeable commentators has questioned the reliability of the data and analysis resulting in questioning the veracity of the European study altogether.

Microwave News reported:

'The first study to look at brain tumors among children and teenagers who have used cell phones came out today and it shows no increased risk. Well, actually, the study, known as CEFALO, does indicate a higher risk —the problem is that it found a higher risk for all the kids who used a phone more than once a week for six months, regardless of how much time they spent on the phone. Because the risk does not go up with more use, the CEFALO team argues that the results argue against a true association.

Professor Franklin E. Mier, PhD, CID, Environmental and Occupational Health SciencesCUNY School of Public Health at Hunter College, commented:

"A study may provide "evidence for," or more rarely, evidence against an increased risk associated with an exposure. The exposure should be further characterized by level and duration. The evidence might further be characterized as "clear," "some" or "equivocal." In studies of people, either single studies or a collections of studies, "chance, bias, and confounding" must be evaluated, which impacts the strength of the evidence derived from the study. Studies failing to find an association should be characterized as "null" rather than "negative."

"Each newly published study should be characterized in the context of previous studies, evaluated as a group. IARC characterized the body of evidence previous to the study reported here as "limited." Those who wish to make their own evaluation should read the IARC monograph in detail. Personally, I don't think the body of evidence will ever advance beyond "limited" evidence. Also, resources and media attention will continue to be devoted to restudying this exposure (as opposed to other exposures of concern) because rich people use cell phones.

Dramatically conflicting studies are now surfacing. The signal is not yet clear and the static will have to resolve before the causal connection between cell phone use and cancer can be ruled out.

Thursday, July 28, 2011

Asbestos Disease Claims Continue to Surge

A recent analysis reveals that mesothelioma claims continue to surge. Insurance companies such as Hartford and AIG forced to increase reserves. Exposures from the 1970's are now manifesting in disease and claims for benefits.

Mesothelioma is a rare but fatal condition caused by exposure to asbestos fiber. It is a condition that they remain dormant for as long as 30 years or more before manifesting symptoms.

Asbestos was used as an insulation product and for structural support i many products including ceiling title and other construction material. It was used to insulate boilers and other heat generating devices.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Monday, August 1, 2011