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

Friday, February 1, 2013

Universal Medical and Workers' Compensation: It's Not "If", It's "When" - California

The Affordable Care Act (ACA) is going to definitely change the landscape of medical delivery over the coming future. Medical care afforded by workers' compensation delivery systems will ultimately be merged into a universal national program, despite all the opposition along the way.

My friend, and cycling inspiration, who keeps me trying to think I can enter the Tour de France while under the influence of Starbucks coffee, David DePaolo, points out that the "fusion" may be coming slowly through legislation of unintended consequences in California.
"The concept of universal care, 24 hour care, single stop shop, etc. has been floating for a couple of decades now with very little progress.

"But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine and general health medicine. Outsourcing MPN [Medical Provider Networks] oversight to a health care related agency is just another step towards this outcome.
David, an expert in analyzing what's around the curve, sees the next wave of change coming to workers' compensation. For so many reasons, including the expansion/reimbursement integration of the Medicare program, the writing is on the wall on this one. 

Every time the lobbyists think that have eliminated the imminent threat of Federal intrusion, ie. Enactment of The SMART Act, the reality of which is that the regulations will eat up the statute, and also their lunch. I plan to write more on The SMART Act in the coming weeks. Maybe that wasn't so smart after all for the cottage industries that supported it.

Why Do Roofers Fall From Roofs? Is it just because of gravity?

Today I received an urgent call from attorney representing a client in New Jersey who fell from a roof. Before she told me the job description of the injured worker, now in a coma, I correctly anticipated that it was probably a roofer who had fallen from a roof, yet again. 
This scenario has played out in workers' compensation claims for decades. How the accident happened is usually an argument with the employer. The employer claims that the employee was either intoxicated or not following safety precautions. My instinct always tell me that this is probably incorrect, since roofers tend to lose their balance and fall for many other reasons, including "gravity."  Some reason a deprivation of oxygen and/or exposure to toxic neurological irritants contained in the roofing materials, and weather related events that make roofs slippery.

Workers Are Getting Sick to Their Stomach - A New Virus

A new outbreak of the "stomach virus" is affecting workers and some fatally. The US Centers for Disease Control (CDC) has explained why this is happening and what cautions can be taken to prevent the spread of this illness.

A new strain of norovirus called GII.4 Sydney was the leading cause of norovirus outbreaks in the United States from September to December 2012, according to a study published in Morbidity and Mortality Weekly Report released today by the Centers for Disease Control and Prevention. The new strain was detected in Australia in March 2012, and caused outbreaks in that country and several other countries.

CDC researchers analyzed 2012 data collected through CaliciNet on norovirus strains associated with outbreaks in the United States. They found that of the 266 norovirus outbreaks reported during the last four months of 2012, 141 were caused by the GII.4 Sydney strain.

Thursday, January 31, 2013

9/11 Fund Starts Making Payment to Victims

The Zadroga 9/11 Victims Claim Fund has started to make payments to victims of the World Trade Center attack. First Responders andthose who lived or worked in the immediate geographical site near "ground zero" may be entitled to the payment of benenfits for illness and injuries that they suffer as a result of the terrorist attack.

Those eligible include, individuals present at  a 9/11 crash site at the time of or in the immediate aftermath, who suffer physical harm as a result of the crashes or debris removal. Also the personal representatives of individuals who were present at a 9/11 crash site, who died as a result of the crashes or debris removal, are eligible to file claims.

I Told My Supervisor - Why Do I Need To File An Accident Report In Writing?

Today's post comes from Matthew Funk of the NY Bar.

QUESTION: I TOLD MY SUPERVISOR ABOUT THE ACCIDENT BUT I DID NOT SUBMIT AN ACCIDENT REPORT. AM I GOOD TO GO WITH THE VERBAL NOTICE?
ANSWER: ALWAYS REPORT AN INJURY IN WRITING
Joe was working a construction job when Mike accidentally beaned Joe on the head with a 2X4. After seeing a couple of Tweety Birds and a whole bunch of stars, Joe went down to his supervisor’s station and told him he had just had an accident. Then he went off to the ER to make sure he was not seriously injured, relieved he had taken care of business at the job site. All he had to do now was get better.
No, Joe! No! Yes, Joe satisfied the notice requirement. However, Joe was NOT good to go.
Supervisors sometimes have a funny habit of forgetting conversations or oral notices of an accident. Even if Joe’s supervisor were his best friend, when push came to shove there could be no telling what the supervisor might say in Court front of a Judge. Furthermore,

Asbestos Disease Remains a Problem Despite Lower Consumption in the US

Recently release statistics from the US Geological Survey brings some hope to reducing asbestos disease in the US.  Historically, as the production of asbestos fiber lowers, so does the incidence of asbestos related disease, which is a latent medical condition that takes 10 to 30 years to manifest itself.

Asbestos this has been used for decades in the United States in militray and civilian environments in various forms including construction material and insulation. It appears in commercial and military buildings and equipment, as well as residential and consumer appliances. 

Asbestos has been causally connected to a rare and fatal cancer,  mesothelioma. Asbestos has also been linked to various other cancers including: lung cancer, a well as a pulmonary condition, asbestosis.


Wednesday, January 30, 2013

How to Protect Public Employees and Communities From Asbestos Exposure

It is unconscionable in this day and age for a worker who is exposed to asbestos fiber in the workplace. Ironically, in the 1950's, in Paterson, NJ, the city where the world renown asbestos researcher, Irving J. Selikoff MD, had conducted the initial the sentinel studies linking asbestos exposure with a fatal cancer, mesothelioma, public employees are still being exposed.
Despite the courts and public opinion frowning on such terrible events, it is imperative that the legislatures of the nation take the appropriate measures to ban asbestos in use, and to require a registry all sites where asbestos is known to be present. Additionally, the sites should be publicly listed in a registry by the US EPA and those site declared to be areas where a potential health emergency exists.