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

Monday, November 5, 2012

Medicare Recovery Contractor Is Operational Again

Centers for Medicare and Medicaid Services (Me...
Centers for Medicare and Medicaid Services (Medicaid administrator) logo (Photo credit: Wikipedia)

Hurricane Sandy Update
November 4, 2012
The Workers’ Compensation Case Control System (WCCCS) and the Workers’ Compensation Medicare Set-aside Portal (WCMSAP) are currently operational. The Workers' Compensation Review Contractor (WCRC) has resumed its duties. 



Friday, November 2, 2012

Rescue Workers Face Serious Safety Issues

In the aftermath of Hurricane Sandy, Northern Jersey 1st responders are confronting serious safety issues as these heros go forward with the rescue and recovery process.

While some are acts of nature cause near fatal and devastating injuries,others are caused by the failure of  civil authorities to adequately plan and act appropriately.

In Wayne NJ a police office was paralyzed when a tree fell upon his vehicle during the storm. Multiple hours of surgery saved his life, but serious injuries remained. 

A very serious gasoline shortage exists throughout the New York City area. Long lines, angry customers exist. Panic and fear are becoming more common. Problems have escalated as food supplies dwindle. Announcements have been made that clean water is now becoming scarce. Credit card machines continue to be disabled by the continuing massive power outages. Near freezing temperatures are moving into the region where heat is non-existent as fuel shortages and power outages persist.

The NY Times reported on the gas crisis besieging the region. "I've been pumping gas for 36 hours; I pumped 1,500 gallons. My nose, my mouth is bleeding from the fumes. The fighting just makes it worse."
ABHISHEK SONI, the owner of an Exxon in Montclair, N.J., where disputes on the line had become so heated that he summoned police officers to restore calm.
Gasoline is just not available. One needs to travel 5 exists west into Pennsylvania in search of fuel. Then you can see lines of trucks unsafely filling 55 gallon storage barrels with fuel from the gas station pumps to feed home generators. Compounding yet another problem of carbon monoxide exposures by improperly used equipment. No talk yet of gasoline rationing and no safety warnings.
Worker safety should be of prime concern in the rescue and recovery effort. Authorities need to step-up to the plate and protect our heros.

Related articles

Thursday, November 1, 2012

Americans Unite in Support of Rescue and Recovery Effort


President Barack Obama and New Jersey Gov. Chris Christie look at storm damage along the coast of New Jersey on Marine One, Oct. 31, 2012.

(Official White House Photo by Pete Souza)

US provides grant to aid New Jersey communities with recovery efforts following Hurricane Sandy


Following President Obama’s call for federal agencies to act as quickly as possible to support state and local partners in the wake of the devastation caused by Hurricane Sandy, the U.S. Department of Labor today announced a $15,591,400 National Emergency Grant to assist New Jersey with cleanup and recovery efforts. The announcement builds on the major disaster declaration for the state approved by President Obama in the last several days, which makes federal assistance, like these emergency relief funds, available to supplement state and local response and recovery efforts.

“The destruction caused by this massive storm overwhelmed communities and disrupted lives throughout the state of New Jersey,” said Secretary of Labor Hilda L. Solis. “The Labor Department’s funding is part of the federal government’s collaborative efforts to ensure immediate emergency assistance.”

The funds are being awarded to the New Jersey Department of Labor and Workforce Development to assist with the restoration of public lands and infrastructure while also providing temporary work to those in need of employment. Of the $15,591,400 announced today, $5,197,133 will be released initially. Additional funding up to the amount approved will be made available as the state demonstrates a continued need for assistance.

On Oct. 30, the Federal Emergency Management Agency declared the counties of Atlantic, Cape May, Essex, Hudson, Middlesex, Monmouth, Ocean and Union eligible for FEMA’s Public Assistance Program. More information on designated disaster areas in New Jersey is available from FEMA at http://www.fema.gov/disaster/4086/affected-counties.

National Emergency Grants are part of the secretary of labor's discretionary fund and are awarded based on a state's ability to meet specific guidelines. For more information, visit http://www.doleta.gov/NEG/.

Workers' Compensation Jeopardy: Romney and Medical Costs

Mitt Romney
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers’ compensation medical treatment. Proposed changes to the Federal program will indirectly impact the patchwork of workers' compensation programs by removing federally mandated fee regulation embraced under Obamacare.
Directly or indirectly, most workers' compensation programs have medical treatment and pharmaceutical pricing costs that are geared to Federal payment schedules regulated by the Medicare and Medicaid systems. Additionally, the Medicare Secondary Payer Act mandates reimbursement to the Federal, and State administered, and in many instances the Federal costs are less than the customary payments under workers’ compensation systems. Therefore the Federal programs, even if conditionally paid, result in lower payments eventually by employers and workers' compensattion insurance companies who in term are required to reimburse the Federal agency.
Additionally, the elimination of the Federal controls, that put a lid on the cost of benefits, would adversely affect the workers' compensation programs by creating havoc by eliminating the certainty of reduced costs, especially where future costs are concerned, ie. catastrophic care scenarios and latent diseases, ie. asbestosis.
Paul Krugman (NYTimes) points out, “But one thing is clear: If he [Romney] wins, Medicaid — which now covers more than 50 million Americans, and which President Obama would expand further as part of his health reform — will face savage cuts. Estimates suggest that a Romney victory would deny health insurance to about 45 million people who would have coverage if he lost, with two-thirds of that difference due to the assault on Medicaid.”
The Romney agenda to dismantle the present medical benefit program will only further jeopardize the economic stability of the nation’s workers’ compensation system. 
....
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 
Read More About Romney and Medical Care
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Sandy Interrupted

We in New Jersey suffered devastating effects from Hurricane Sandy. The storm left a trail of decimation equivalent to the creation of a war zone, and some of most treacherous rescue and recovery situations ever imagined.

Hopefully our heros who are working hard to help in the rescue and recovery efforts, and those residents who survived the storm, remain safe and sound, as they struggle in the days and weeks ahead.

Our thoughts are with all of you.




Sunday, October 28, 2012

Tips for Disabled Persons to Prepare for a Hurricane

President Barack Obama receives an update on the ongoing response to Hurricane Sandy. Photo by Pete Souza
Disabled persons have special needs and special actions are required to help disabled individuals in advance of of a hurricane. 

For the millions of Americans who have physical, medical, or other disabilities, emergencies such as hurricanes, floods and tornadoes present a real challenge. The same challenge also applies to the elderly and other special needs populations.

"Individuals with special needs are in the best position to plan for their own safety when disaster strikes, because they know their own personal needs and limitations," said Sandy Coachman, director of the Austin Transitional Recovery Office operated by the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA). "However, their unique needs may require more detailed planning and involve neighbors, friends, family, co-workers and personal care attendants."

While preparing their own plan, family members with relatives in nursing facilities also may want to contact the facility's administrator to see what its emergency plans are and to make sure the facility has the family's communication plan and contact numbers in case of an evacuation, according to Coachman.

For those who have special needs and live alone, FEMA suggests the following four steps to prepare for hurricane season, which runs from June 1 through November 30:

Get informed
Find out about special assistance that may be available in your community through your local emergency management coordinator or local chapter of the American Red Cross.

Make a plan
Decide what you will be able to do for yourself and what assistance you may need before, during and after a disaster. This will be based on the disaster type you might encounter and your capabilities. Consider your needs for daily living, getting around after a disaster or evacuating to a safer area.
Organize a network of assistance that includes care attendants, neighbors, friends, relatives and co-workers at home, school, workplace, volunteer site and any other places where you spend a lot of time. The members of your network should know your capabilities and needs and be able to provide help within minutes. It may be important to depend on more than one person at each location where you regularly spend time since people work different shifts, take vacations and are not always available.

Assemble a kit
A disaster supplies kit is a collection of basic items you would probably need to stay safe and comfortable during and after a disaster. They should be stored in a portable container as close to an exit door as possible. Special needs items should be considered as well, such as extra batteries for hearing aids and wheelchairs; food and water for companion animals; essential medicines, a list of current prescriptions and medications, and your medical history; and type and model numbers of medical devices you need.

Service animals may become confused, panicked, frightened or disoriented immediately before, during and after a disaster. Keep them confined or securely leashed or harnessed. A leash (or harness) in your kit is an important item for managing a nervous or upset animal.

If you have been disabled due to a work-related accident or exposure, be sure keep contact information for: your employer's workers' compensation insurance company, names and address of your treating physicians, and your attoney's contact information with you.

Maintain your plan and kit
Discuss the plan with your care attendant and the people in your network. Review the plan every six months and periodically quiz your assistants about what to do. Ensure that they know how to operate any medical equipment you need. Rotate food and water supplies.

Keep appropriate licenses for your service animal updated and keep them with you in the event you choose to use an emergency public shelter.
 ....
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.

Read more about Hurricane Safety for Workers and the Disabled


Oct 25, 2012
The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard ...
Aug 04, 2012
Workers' Compensation insurance provides benefits if an employee is injured because of because of a hurricane. Preparing for a hurricane is important, and that should include reporting work related injuries to your employer ...
Aug 30, 2011
Hurricane relief volunteers are entitled to workers compensation benefits for injuries and illnesses that occurred as a result of their participation in relief efforts. In order to claim those benefits injured volunteers need to make ...
Aug 24, 2011
The recent earthquake in the northeast US highlights that workers become aware of what to do in case a hurricane strikes. Stay as safe as possible during an earthquake. Be aware that some earthquakes are actually ...