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

Friday, October 5, 2012

NJ Senate Votes Approval to Stop Balance Billing for Workers Compensation Claims

The NJ Senate has joined the NJ Assembly in approving legislation to ban balance billing for workers' compensation claims and grants the the NJ Division of Workers' Compensation exclusive jurisdiction over medical bill disputes. The legislation was stripped on any requirement of mandatory arbitration of the disputes and does not yet implement a medical fee schedule.



A2652 
Bans charging workers' compensation claimants for medical expenses, gives Division of Workers' Compensation sole jurisdiction over work-related medical claims. 
Passed both Houses 
  
Identical Bill Number: S1926 S2022 (SCS) 

Eustace, Timothy J. as Primary Sponsor
Singleton, Troy as Primary Sponsor
Egan, Joseph V. as Primary Sponsor
Benson, Daniel R. as Primary Sponsor
Coughlin, Craig J. as Primary Sponsor
Lampitt, Pamela R. as Co-Sponsor
Greenstein, Linda R. as Co-Sponsor
Madden, Fred H., Jr. as Co-Sponsor

5/10/2012 Introduced, Referred to Assembly Labor Committee
5/14/2012 Reported out of Assembly Comm. with Amendments, 2nd Reading
5/24/2012 Passed by the Assembly (77-0-0)
5/31/2012 Received in the Senate, Referred to Senate Labor Committee
9/20/2012 Reported from Senate Committee, 2nd Reading
10/4/2012 Substituted for S1926/2022 (SCS)
10/4/2012 Passed Senate (Passed Both Houses) (38-0)

Introduced - 4 pages PDF Format HTML Format 
Statement - ALA 5/14/12 - 1 pages PDF Format HTML Format 
Statement - SLA 9/20/12 1R - 1 pages PDF Format HTML Format 
Committee Voting:
ALA 5/14/2012 - r/Aca - Yes {9} No {0} Not Voting {0} Abstains {0} - Roll Call
SLA 9/20/2012 - r/favorably - Yes {5} No {0} Not Voting {0} Abstains {0} - Roll Call

Session Voting:
Asm. 5/24/2012 - 3RDG FINAL PASSAGE - Yes {77} No {0} Not Voting {3} Abstains {0} - Roll Call


Energy Saving Buildings May Make Workers Ill

A recent study reports that energy savings buildings that restrict outside air ventilation  may increase the amount of indoor carbon dioxide, resulting in mental impairments for workers.

"Associations of higher indoor carbon dioxide (CO2) concentrations with impaired work performance, increased health symptoms, and poorer perceived air quality have been attributed to correlation of indoor CO2 with concentrations of other indoor air pollutants also influenced by rates of outdoor-air ventilation.....Direct adverse effects of CO2 on human performance may be economically important and may limit energy-saving reductions in outdoor air ventilation per person in buildings."

....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 work related accident and injuries.

More about sick buildings


Oct 03, 2012
“Air pollution can make people sick, especially particle pollution that can penetrate deep into the lungs and pose serious health risks, including increasing the risk of cancer and aggravating the symptoms of asthma and other respiratory problems. ... EPA to Demolish Contaminated Building at Toxic Superfund Site in Garfield, N.J · Today Marks the 34th Anniversary of the Love Canal Tragedy · OSHA Cites Employers for Exposing Workers to Asbestos - $148,000 ...
Aug 02, 2012
Duane “Butch” O'Malley, 59, of Bourbonnais, Ill., who was convicted by a federal jury on September 26, 2011, for the illegal removal, handling and disposal of asbestos from a Kankakee building in August 2009, was ... http://workers-compensation.blogspot.com/ · Unlawful Asbestos Removal Results in Criminal ... This Is Just Plain Sick: US Consumption of Asbesto... Exposure to Cadmium and Lead Linked to Hearing Los... What Workers Should Do In Case of a ...
Aug 18, 2012
... overexposed to formaldehyde, ensure that process safety information is accurate and in place, provide a hazard analysis of the facility in the event of a chemical release and its impact, provide refresher training to chemical operators on the epichlorohydrin process, inspect and test epichlorohydrin piping within the process building, and identify deficiencies in process safety management compliance audits. .... This Is Just Plain Sick: US Consumption of Asbesto.
Jul 09, 2012
If you are wearing a fragrance, you will need to remain at the front of the building when visiting. Thank you for your help! Tuttle. .... Not Taxable: Reimbursed Governmental Sick Leave Be... Surveillance Video Barred as Belated ...

October Is National Disability Awareness Month


Presidential Proclamation -- National Disability Employment Awareness Month, 2012

NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2012
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In the 22 years since the signing of the Americans with Disabilities Act, we have made significant progress in giving all Americans the freedom to make of our lives what we will. Yet, in times of prosperity as well as challenge, people with disabilities have had fewer opportunities in our workplaces than those without. As we work to revitalize our economy, it is essential that each of us can bring our talents, expertise, and passion to bear in the marketplace. But a stronger economy is not enough; we must ensure not only full participation, but also full opportunity. During National Disability Employment Awareness Month, we recognize the indispensable contributions people with disabilities make in our economy and recommit to building a country where each of us can realize the full extent of our dreams.
Because America's workforce should reflect the diversity of its people -- including people with disabilities -- my Administration remains committed to helping our businesses, schools, and communities support our entire workforce. To meet this challenge, the Federal Government must be a model employer. That is why I was proud to sign an Executive Order in 2010 that called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. In 2012, the Office of Personnel Management reported on our progress, revealing that we are moving toward meeting our goal of hiring an additional 100,000 people with disabilities into the Federal workforce over 5 years. Today, more people with disabilities work for the Federal Government than at any time in the past 20 years, and we are striving to make it easier to get and keep those jobs by improving compliance with Section 508 of the Rehabilitation Act.
All Americans are entitled to an accessible workplace, a level playing field, and the same privileges, pursuits, and opportunities as any of their family, friends, and neighbors. This month, let us rededicate ourselves to bringing down barriers and raising up aspirations for all our people, regardless of disability, so we may share in a brighter future together.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2012 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.
BARACK OBAMA

Wednesday, October 3, 2012

EPA Resolves Emission Violations of Nitrogen Dioxides by NJ Glass Manufacturer

Under a settlement announced today by the Department of Justice and the U.S. Environmental Protection Agency (EPA), Durand Glass Manufacturing Company Inc. has agreed to install emissions controls on its three glass furnaces that will reduce more than 173 tons of nitrogen oxides (NO2) and 23 tons of particulate matter (PM) per year. Emissions of these pollutants can cause serious respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog. Durand also installed monitoring systems that will allow it to continuously measure its NO2 emissions, and agreed to pay a $300,000 civil penalty to resolve violations of the Clean Air Act.

“This agreement includes the lowest limit for nitrogen oxide emissions in the glass industry, designed to reduce emissions of nitrogen oxides by 90 percent,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Through this agreement, a significant source of harmful air pollution will be reduced at its source and serve as an example of how compliance with the nation’s environmental laws and employing the latest science and technology can result in long-term benefits for the public’s health and the environment.”

“This agreement will reduce nearly 200 tons of particulate matter and nitrogen oxides every year, as well as lower unhealthy levels of smog pollution,” said Judith A. Enck, EPA Regional Administrator. “Air pollution can make people sick, especially particle pollution that can penetrate deep into the lungs and pose serious health risks, including increasing the risk of cancer and aggravating the symptoms of asthma and other respiratory problems. Asthma affects 25 million people in the United States, including seven million children. This agreement is a step in the right direction for air quality.”

“I commend Durand Glass for working with the State to resolve these issues by proactively installing the emissions control equipment in advance of signing the settlement agreement,” said Bob Martin, Commissioner for the New Jersey Department of Environmental Protection. “By taking these steps, the company is improving air quality in the Vineland area, at the same time protecting jobs that are important to the region’s economy.”

The complaint alleges that Durand constructed a new glass melting furnace at its facility in Millville, N.J., resulting in increased emissions of NOx and PM, without first obtaining pre-construction permits or installing the required pollution control equipment.

The consent decree requires Durand to operate the emissions controls to reduce NOx and PM pollution, including the first Selective Catalytic Reduction (SCR) device on a tableware glass furnace in the United States. The SCR pollution controls are designed to reduce Durand’s NOx emissions by at least 90 percent from previous levels, to 1.2 pounds of NOx per ton of glass produced on a 30-day average basis, and 1.0 pound of NOx per ton of glass produced on a long-term, 365-day average basis. Durand must also operate continuous emission rate monitoring systems that will allow it to monitor NOx emissions on an hourly basis and the company has already installed particulate filters to reduce its PM emissions. The pollution controls and monitoring systems are now fully operational.

The state of New Jersey was an active partner in the settlement.

Reducing air pollution from the largest sources of emissions, including glass manufacturing plants, is one of the EPA’s National Enforcement Initiatives for 2011-2013. NOx and PM, two key pollutants emitted from glass plants, have numerous adverse effects on human health. Reducing these harmful air pollutants will benefit the communities located near the facility, particularly those disproportionately impacted by environmental risks and vulnerable populations, including children.

The proposed consent decree, lodged in the United States District Court for the District of New Jersey, is subject to a 30-day public comment period and final court approval before becoming effective. A copy of the consent decree lodged today is available on the Department of Justice website at:http://www.justice.gov/enrd/Consent_Decrees.html.

More about the settlement: www.epa.gov/enforcement/air/cases/durandglass.html
More information on EPA’s national enforcement initiative:http://www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html.

Tuesday, October 2, 2012

NIOSH Adopts System Applying ILO Classification to Digital Chest Radiographs

The National Institute for Occupational Safety and Health (NIOH) has adopted a new system applying the ILO (International Labour Organization) classification system to digital radiographs. The classification system will permit the evaluation of dust related disease and pneumoconiosis. The new Regulations will become effective October 15, 2012.

The ILO system has been traditionally utilized to diagnose asbestos related disease.

More about the ILO

Sep 16, 2010
The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107,000 lives each year.
Aug 06, 2012
The UN International Labour Organization (ILO) has called for a worldwide ban on asbestos production citing that there is an asbestos related death every 5 minute and asbestos already claims 107000 lives each year.
Jan 05, 2011
Since 1970, NIOSH and other organizations have successfully applied traditional film screen chest radiography, interpreted using the ILO International Classification of Radiographs of Pneumoconiosis, toward these...

Related articles

OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards


SMG @ Nassau Coliseum faces $88,000 in proposed fines
The U.S. Department of Labor's Occupational Safety and Health Administration has cited SMG @ Nassau Coliseum LLC, doing business as SMG, with 16 alleged serious violations of workplace health and safety standards. The company, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, faces a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum.

OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.

Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.

"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.

In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. 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.

"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.

Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.

SMG 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.

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) or the agency's Long Island office in Westbury at 516-334-3344.

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.

....
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 work related accident and injuries.

More about asbestos
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 15, 2012
Canada's Industry Minister announced yesterday that the country would finally concede to international pressure and label asbestos that it exports as a health hazard. Now Canada, and the United States, need to take the next ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
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 ...


Monday, October 1, 2012

US Supreme Court Denies CMS-MSP Case - Hadden

2012 WL 1106757
Supreme Court of the United States

HADDEN, VERNON V. UNITED STATES.
No. 11-1197.Oct. 1, 2012.
Opinion
The petition for writ of certiorari is denied.
Parallel Citations
80 USLW 3573, 81 USLW 3029

From SCOTUS Blog

Issue: Whether the government is entitled to full reimbursement under the Medicare Secondary Payer Act, 42 U.S.C. § 1395y(b), when a beneficiary compromises a tort or other claim and recovers a reduced amount, as the court of appeals held here, or whether the government, like its beneficiary, is entitled to only a proportionate recovery, as the Eleventh Circuit has held.

Hadden v. United States

Petition for certiorari denied on October 1, 2012
Docket No.Op. BelowArgumentOpinionVoteAuthorTerm
11-11976th Cir.N/AN/AN/AN/AOT 2012