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Sunday, July 22, 2012
Join Us On LinkedIn: The Injured Workers Law & Advocacy Group
The group is maintained for academic purposes to facilitate national policy discussions. Multiple news feeds and discussion postings are available free of charge.
Click here to join now.
Saturday, July 21, 2012
Welcome, sulfur dioxide...not
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Hello, carbon monoxide
The air, the air
Is everywhere
HAIR, The Broadway Musical
A Federal Court of Appeals ruled against several states and state regulatory agencies, together with corporations and industrial associations, who petitioned for review of the Environmental Protection Agency’s rule entitled “Primary National Ambient Air Quality Standard for Sulfur Dioxide,” and of the subsequent denial of their petitions for reconsideration of the standard.
The petitioners contended, first, that EPA failed to follow notice-and-comment rulemaking [ 75 Fed. Reg. 35520 ] procedures, and second, that the agency arbitrarily set the maximum sulfur dioxide (SO2) concentration at a level lower than statutorily authorized. National Environmental Development v. EPA, No. 10-1252, (Cir Ct App DC) Decided July 20, 2012
OSHA cites Bloomfield NJ contractor for fall hazards - $89,110
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| Diana Cortez OSHA Area Director |
"What we found at this work site were hazards unacceptably similar to those cited during prior inspections at the employer's other sites," said Diana Cortez, OSHA's area director in Tarrytown. "It's clear that this employer must take effective action to enhance worker safety and eliminate such potentially deadly hazards at all of its work sites."
OSHA found employees exposed to falls of up to 13 feet while working without protection atop roofs, and while accessing and exiting roofs using ladders that did not extend at least 3 feet above the landing for proper stability. Allied Brothers Construction also allowed its employees to work without first receiving necessary training to recognize and avoid such hazards. Between 2007 and 2012, OSHA cited this company for similar hazards at work sites in New Milford, Oradell, Patterson, Rutherford and Upper Saddle River, N.J. As a result, OSHA issued has citations in the current case with $79,200 in proposed fines for four repeat violations. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any other facility within the last five years.
OSHA found employees exposed to falls of up to 13 feet while working without protection atop roofs, and while accessing and exiting roofs using ladders that did not extend at least 3 feet above the landing for proper stability. Allied Brothers Construction also allowed its employees to work without first receiving necessary training to recognize and avoid such hazards. Between 2007 and 2012, OSHA cited this company for similar hazards at work sites in New Milford, Oradell, Patterson, Rutherford and Upper Saddle River, N.J. As a result, OSHA issued has citations in the current case with $79,200 in proposed fines for four repeat violations. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any other facility within the last five years.
OSHA also has issued citations with $9,900 in fines for three serious violations involving an improperly rigged fall arrest system, an unguarded belt and pulley on a compressor, and the use of a defective ladder. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.
"In 2010, there were more than 250 fall fatalities in construction in this country. Such deaths are preventable," said Robert Kulick, OSHA's regional administrator in New York. "There are three key steps to preventing falls: plan ahead to get the job done safely, provide the right equipment and train everyone to use the equipment safely. Failure to follow these steps can result in deadly or disabling injuries to workers."
Allied Brothers Construction Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
Related Blog Posts
Apr 26, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration has cited retail clothing chain Forever 21 Inc. with two repeat and five serious safety violations at its store in the Bridgewater Mall. OSHA opened ...
Jun 21, 2012
The U.S. Department of Labor's Occupational Safety and Health Administration has cited trucking company Alabama Motor Express Inc. in Ashford for 17 safety violations. OSHA opened an inspection in March under the ...
Jun 11, 2012
The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational ...
May 11, 2012
UniFirst Corp., which employs 35 workers at the West Caldwell facility, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and ...
Friday, July 20, 2012
Passive Noise is Hazardous to Your Health
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| Estacion Times Square-42ST, del metro de NY (Photo credit: Wikipedia) |
The NY Times reports today that passive nose is becoming a major factor that is causing binaural hearing losses.
"Your ears don't get more tolerant. Your psyche gets more tolerant."
DR. GORDON HUGHES, director for clinical trials at the National Institute on Deafness and Other Communication Disorders, on the dangers of increasingly higher noise levels in public places.
Read the complete articles:
Working or Playing Indoors, New Yorkers Face an Unabated Roar (NY Times)A Sound Tour of NY City (NY Times)
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For over 4 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.Related Blog Posts
Mar 27, 2012
Workers suffering from noise-induced hearing loss may also experience continual ringing in the ears, called "tinnitus". In addition, workers who are exposed to noise sometimes complain of nervousness, sleeplessness and ...
Mar 25, 2010
The Occupational Safety and Health Administration (OSHA) has reported that an estimated 72% of all noise induced hearing losses occur in the manufacturing sector which employs 16 million people. Worse than that, most...
Mar 23, 2011
Prior to 2001, OSHA's injury and illness logs contained a column for repetitive trauma disorders that included hearing loss and many kinds of MSDs. In 2001, OSHA proposed separating hearing loss and MSDs into two ...
Oct 07, 2007
Loss of an eye: California ranks lowest in the nation! Hearing loss in one ear: California ranks lowest in the nation! Loss of a foot: California ranks second lowest in the nation! Loss of a leg at hip: California ranks sixth lowest in ...
Workers Compensation Pharmaceuticals Targeted For Reform
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| Ritalin (Photo credit: Wikipedia) |
The study examines the results of a change to the California statute that has become a model for many other states. Critics of the regulations express concern that many patients will not get needed medications if they do not get them at the physicians’ offices.
The study, Physician Dispensing in Workers’ Compensation, examines physician dispensing before and after a 2007 change in the California statute that governed the prices paid to physician-dispensers. Prior to the statutory change, physicians typically charged much higher prices than pharmacies for the same medication. For example, for the most common drug, Vicodin®, physicians were paid $0.85 per pill compared to $0.43 for pharmacies—nearly double the price. After the reforms, physicians were paid $0.52 per pill compared to $0.48 for pharmacies. After the law changed, physicians were paid prices for prescription medications that were similar to those paid to pharmacies for the same medication.
This study finds that:
· physician-dispensed drugs became increasingly common in most states that permit physician dispensing;
· prices paid for physician-dispensed drugs were often substantially higher than if the same drugs were dispensed by a retail pharmacy;
· prices paid to dispensing physicians rose rapidly for medications that were commonly dispensed by physicians, while the prices paid to pharmacies for the same drugs changed little or fell.
One of the chief concerns expressed by supporters of physician dispensing (in California and in other states) was that doctors would stop dispensing needed prescriptions when it became less profitable. However, the California post-reform experience shows that physicians continued to dispense prescriptions, even when the prices paid were lower. Before the reforms, 55 percent of all prescriptions were dispensed at physician offices. Three years after the reforms, 53 percent of all prescriptions in California were physician-dispensed so patients had similar access to physician dispensed medications, but at a much lower cost.
Robert Ceniceros, a reporter for Business Insurance, reported, "...But critics contend such price regulations may discourage doctors from dispensing drugs and discourage patients from getting the prescription drugs they need."
The report also examines several other concerns expressed by supporters of physician dispensing. One is that spending on prescription drugs might increase if a California-type reform were adopted. They argue that physicians almost always dispense less expensive generic versions of drugs, while pharmacies dispense both brand names and generics. The study found that for the specific medications commonly dispensed by physicians, generics were almost always dispensed by both physicians and pharmacies. In many states, when generic drugs were dispensed, physician-dispensers were paid much higher prices per pill than pharmacies for the same prescription.
The data used for this study include nearly 5.7 million prescriptions paid under workers’ compensation for approximately 758,000 claims from 23 states over a period from 2007/2008 to 2010/2011. The 23 states in this study represent over two-thirds of the workers’ compensation benefits paid in the United States. These states include Arkansas, Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Wisconsin. Several of the states in this study (Arizona, California, Georgia, South Carolina, and Tennessee) recently adopted reforms aimed at reducing the prices of physician-dispensed drugs.
The data used for this study include nearly 5.7 million prescriptions paid under workers’ compensation for approximately 758,000 claims from 23 states over a period from 2007/2008 to 2010/2011. The 23 states in this study represent over two-thirds of the workers’ compensation benefits paid in the United States. These states include Arkansas, Arizona, California, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Wisconsin. Several of the states in this study (Arizona, California, Georgia, South Carolina, and Tennessee) recently adopted reforms aimed at reducing the prices of physician-dispensed drugs.
Related Blogs on drugs and workers' compensation
Jul 12, 2012
Prescription drugs have become an increasingly important issue in workers' compensation law. Their use in workers' compensation claims has resulted in both a major direct financial cost to the system, and has had .
Jun 20, 2012
As state workers' compensation reformers continue to be sidetracked with alleged prescription drug pain-killer abuse, the US Congress has entered the fray with proposed Federal legislation. It has been reported today by ...
May 04, 2012
To use the prescription drug abuse issue to attack workers' compensation generally is merely sidetracking the real problem with the medical delivery system which is the global denial of compensability of workers' ...
Mar 30, 2011
Many states, including Wisconsin, hold that if an injury results from intoxication (by alcohol or drugs) benefits are not denied, but reduced (usually by 15%) as an employee safety violation, but intoxication is not evidence of a ...
Nov 18, 2011
The Complex World of Workers' Compensation and Pharmaceutical Benefits. The Workers' Compensation system, designed over a century ago, was intended to provide medical benefits that were to be delivered to injured ...
Sep 14, 2011
The Top 10 Drugs Prescribed For Workers Compensation Claims. A recent study by NCCI Holdings, Inc. reports the top 10 most popular drugs prescribed for workers' compensation claims. OXYCONTIN®; LIDODERM ...
Dec 05, 2011
Workers Compensation on Drugs - Tenn Supreme Court Allows Fatal Case to Proceed. A major complaint of the failure of medicine is that sick people are sent to the pharmacy for pain relief without adequate evaluation ...
Mar 09, 2010
After an onsite review of the plan and its services, CMS determined that the plan's significant deficiencies – not meeting Medicare's requirements to provide enrollees with prescription drugs according to recognized standards ...
Mar 21, 2012
For Medicare beneficiaries stuck in the prescription drug benefit coverage gap known as the "doughnut hole," a 50 percent discount on covered brand name drugs and 14 percent savings on generic drugs. * A requirement ...
Asbestos Cement Factories Pose High Risk Mesothelioma
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Mesothelioma of the left lower lung. (Photo credit: Wikipedia) |
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United States decades following exposure because of the long latency period between exposure to asbestos fiber and the manifestation of disease.
To provide information on the intensity of environmental asbestos exposure, in the general population living around these factories, through the evaluation of the lung fibre
burden in mesothelioma patients.
A analysed by a scanning electron microscope equipped with X-ray microanalysis wet (formalin-fixed) lung tissue samples from eight mesothelioma patients who lived in Casale Monferrato or Bari and underwent surgery. Their occupational and residential history was obtained during face-to-face interviews. Semi-quantitative and quantitative indices of cumulative environmental exposure to asbestos were computed, based on residential distance from the AC plants and duration of stay.
The lung fibre burden ranged from 110 000 to 4 300 000 fibres per gram of dry lung (f/g) and was >1 000 000 f/g in three subjects. In four cases, only amphibole fibres were detected. Environmental exposures had ceased at least 10 years before samples were taken. No patient had other definite or probable asbestos exposures. A linear relationship was observed between the lung fibre burden and all three indices of environmental cumulative exposure to asbestos.
Environmental exposure to a mixture of asbestos fibres may lead to a high lung fibre burden of amphiboles years after exposure cessation. The epidemiological evidence of an increased mesothelioma risk for the general population of Casale Monferrato and Bari, associated with asbestos contamination of the living environment, is corroborated.
....
For over 4 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.
More Blog Article on Mesothelioma
For over 4 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.
More Blog Article on Mesothelioma
Oct 06, 2011
"In conclusion, malignant mesothelioma remains a rare form of cancer but the disease is on the rise, probably due to the spread of asbestos use over past decades. Our analysis shows that the disease burden is still ...
Aug 29, 2011
Scientists have found that individuals who carry a mutation in a gene called BAP1 are susceptible to developing two forms of cancer – mesothelioma, and melanoma of the eye. Additionally, when these individuals are ...
Sep 19, 2010
National Mesothelioma Awareness Day September 26. A "National Mesothelioma Awareness Day" will be commemorated on September 26, 2010. Nearly 3000 individuals are afflicted yearly with this fatal disease associated...
Apr 06, 2010
The court held that the standard of causation in a mesothelioma case permitted recovery where there was infrequent exposure to a small amount of fiber. History. "Mark Buttitta was born in December 1952. He worked as a ...
Wednesday, July 18, 2012
Workers Compensation Rates in New York to Decrease
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| Mario Cuomo, Governor of the State of New York |
Governor Cuomo Announces First Reduction in Workers' Compensation Rates Since 2008
After Compensation Board Recommends Rate Increase, Administration Review Determines No Increase is Needed, Helping NY Businesses to Remain Competitive
Governor Andrew M. Cuomo today announced that for the first time in four years, New York State employers will see a reduction in workers' compensation premium rates. The Governor asked for a reconsideration of the original recommendation in order to find ways to reduce the proposed increase.
Rates to policyholders will actually see a decrease of 1.2 percent – the first reduction in rates since 2008. The Governor also announced that the last measures of the 2007 Workers' Compensation Reform Law, which secured necessary benefit increases for injured workers and cost reductions for businesses, have now been fully implemented by the state. The rate reduction and the expedited implementation of the reforms are a result of efforts by the Governor's administration over the past 18 months to modernize, improve efficiency and decrease waste in the workers' compensation system.
"To create jobs and get our state's economy back on track it is essential that New York's businesses remain in a competitive position to succeed in the global marketplace," Governor Cuomo said. "For years, the workers' compensation system has been too costly for businesses and ineffective for injured workers. With the new measures implemented by the state, and our continued work together with the business and labor communities, we will remain on track to create a system that works better for both employers and employees."
This year, the New York Compensation Insurance Rating Board, a non-governmental rate service organization, recommended a cost increase in their annual loss cost filing. After reviewing all filings and written submissions, the administration deemed the rate increase was not to be necessary. As a result of the decision, workers' compensation rates will actually decrease in the upcoming policy year. The rates are determined on an annual basis, and are informed by a variety of factors, including but not limited to experience in the marketplace, implementation of any cost cutting measures, and implementation of any new policies and procedures.
Benjamin M. Lawsky, Superintendent of Financial Services, said, "Under the Governor's leadership, New York has taken dramatic steps that ultimately will benefit workers' compensation insurers, claimants, and businesses -- both large and small -- throughout the state. At a time when many states are gutting their workers' compensation systems, New York is working to continually improve our workers' compensation system for employers and employees. This is the right decision on rates at the right time."
The DFS decision was due in part to a variety of developments which are altering the workers' compensation landscape, including the completion of the workers' compensation reforms. Last year, Governor Cuomo directed the Workers' Compensation Board to deliver on the components of the reforms and implement any outstanding provisions. Although the savings from the reforms were immediately realized by businesses, the implementation of the measures supporting those savings proceeded at a slower pace. The January 1, 2012 release of the Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity and the recent adoption of diagnostic testing network regulations marked the completion of the reform.
Having finished the process for capping the number of years certain benefits are paid, instituting medical treatment guidelines and improving the calculation of loss-of-wage earning capacity, the Workers' Compensation Board will now focus on creating comprehensive guidelines for the treatment of chronic pain and modernizing its systems using technology and industry best practice to speed benefit delivery, improve service to injured workers, and reduce waste, fraud, and abuse by employers, medical providers, and employees in the system.
Mario Cilento, President of the New York State AFL-CIO, said, "The Labor Movement's priority in the 2007 Workers' Compensation reform was to ensure that workers who suffer injury or illness while at work receive the timely treatment they need and adequate benefit levels to support themselves. The reform led to the indexation of the benefit at two-thirds of the state's average weekly wage so that never again would injured workers suffer an erosion of their benefits through inflation. I thank Governor Cuomo for finally implementing these reforms thereby ensuring that the benefit levels remain indexed and injured workers receive essential care. The New York State AFL-CIO will continue to work with the Administration to ensure that the system is appropriately funded and administered to serve injured workers and pay their benefits."
Heather Briccetti, President and CEO of the New York State Business Council, said, "The 2007 legislation was a good faith effort to balance benefit increases, reduced employer cost, and improved claims administration. Five years after the 2007 reforms, we need to evaluate its actual impacts on both benefits and costs. The cost of workers' compensation coverage remains a significant competitiveness issue for New York State business, and we look forward to working with the Administration and other stakeholders on next steps in improving the system."
Robert Beloten, Chair of the Workers' Compensation Board, said, "Prior to the reform, lost wage benefits were insufficient for injured workers yet the system has had uncontrollable medical and indemnity costs. It was an unsustainable system that did not work for the employer or the injured worker. Working with business and labor we have put this system on a more sustainable path. We will continue to work with our key stakeholders to improve benefit delivery and weed out waste, fraud, and abuse in the system."
Peter M. Rivera, Commissioner of Department of Labor, said, "Improvements in New York's workers' compensation system is a benefit to all the hard working people in the State of New York."
Related Blogs - New York
Jul 11, 2012
In a Multidistrict Litigation (MDL) case pending in New York, a Federal Court ruled that the New Jersey law governing exclusivity of claims barred an employee from proceeding with an intentional tort claim against the ...
Jun 08, 2012
The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund.
May 23, 2012
"This is a call to action for every contractor in the state," says Robert Kulick, OSHA regional administrator in New York. "These incidents are tragic reminders of the dangers posed to workers when they are not adequately ...
Jul 03, 2012
We will expand the Program so that through the nationwide network of providers both responders and survivors who live outside the New York City metropolitan area can receive monitoring and treatment benefits near to ...
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