Copyright

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

Friday, September 27, 2013

Some players may be out of NFL deal

Today's post was shared by CAAA and comes from espn.go.com


NFL Concussion Settlement Details
New details from the NFL's $765 million proposed concussion settlement reveal that the first players diagnosed with football-related brain damage would be shut out of the deal. And with the number of confirmed brain damage cases growing, some players and attorneys told "Outside the Lines" they fear there isn't enough money to cover all eligible players diagnosed with such injuries.

Former players report widespread confusion over who will qualify for compensation and how the money will be distributed. Details described to "Outside the Lines" by sources familiar with the settlement -- along with new statistics on the incidence of football-related brain damage -- underscore the concerns voiced by some players and lawyers:

• The proposed settlement disqualifies most players who died before 2006, even if they were diagnosed with football-related brain damage. That would shut out the relatives of players like Hall of Fame Pittsburgh Steelers center Mike Webster, who died in 2002 and was later diagnosed with the first case of football-related brain damage. Webster's protracted battle with the NFL raised public awareness and helped ignite the NFL's concussion crisis.

A source familiar with the negotiations said the NFL sought to include only death claims that fell within the statute of limitations -- two years in most states. That would have cut out many players who died before 2009 and 2010. As part of the negotiations, representatives of the...
[Click here to see the rest of this post]

United Airlines flight lands safely after pilot suffers heart attack

Safety in the air is of great concern.What is lacking is adequate access to medical care and resources on an urgent basis. This article is shared from Reuters.

A United Airlines flight bound for Seattle with 165 people on board made an emergency landing at Boise Airport on Thursday evening after the pilot suffered a heart attack, an airport spokeswoman said.
The Boeing 737 landed safely shortly after 8 p.m. local time and the pilot was rushed to a local hospital, where his condition was unknown, Boise Airport spokeswoman Patty Miller said.
"We got a call from United flight 1607 at about 7:55 p.m. Mountain Time declaring an emergency, they said the pilot had had a heart attack," Miller said, adding that the plane landed at 8:08 p.m.
Click here to read the complete article.
[Click here to see the rest of this post]

EPA Announces the start of Sampling Activities at the CTS of Ashville, Inc. Superfund Site in Ashville,North Carolina

September 20, 2013) Today, US Environmental Protection Agency (EPA) officials announced sampling activities for the Soil Vapor Extraction (SVE) Confirmation Sampling and Analysis Plan and the Non-Aqueous Phase Liquids (NAPL) Investigation will begin on Monday, September 23, 2013 at the CTS of Ashville Inc. Superfund Site in Ashville, NC

The work will include collecting soil and water samples to better understand how deep and wide the highest concentrated contamination exists on and adjacent to the former plant property.

The NAPL Work Plan requires that samples also be collected on adjacent properties to the east of the Site, and if data indicates the need sampling may proceed to properties on the west of the Site. Specialized equipment will be used and the sampling area may be expanded as data is collected. This work is essential to determine the best cleanup plan for the Site.

The sampling event is projected to take about 3 months. EPA and/or its contractor will provide oversight of the sampling activities.

Lobbying In D.C. On Behalf Of Injured Workers



Regulations were proposed recently to operationalize the The SMART act. The public comment period is ongoing. Today's post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

On April 17, my colleagues from WILG (Workers Injury Law & Advocacy Group) and I gathered in Washington D.C. to lobby Congressional representatives on behalf of injured workers. We discussed several bills that will affect the interests of workers in Iowa and across the United States. I had the pleasure of meeting with Senator Tom Harkin, Senator Chuck Grassley, Congressman Bruce Braley and Congressman Dave Loebsack in their offices where we discussed the following bills:

The MSP and Workers’ Compensation Settlement Agreement Act of 2012

The Akaka Amendment to S. 1789, The Post Service Reform Bill (an amendment to strip from S. 1789 those provisions that deform the Federal Employee Compensation Act).



As I explained at these meetings, the MSP and Worker’s Compensation Settlement Act of 2012 is necessary for three reasons:
(1) to bring some reasonable and understandable system to CMS’ current uncertain and regulation-less system of establishing Medicare Set-aside Plans for workers’ compensation settlements;
(2) to allow for an appeal of CMS’s MSA determination; and
(3) to bring some reasonable time limits to CMS’ process of setting the MSA required for workers’ compensation settlements.

The Akaka Amendment to strip the FECA deform provisions out of S.1789 is necessary because the FECA deform provisions wrongfully reduces monetary benefits and treats the injured worker like a fraud (mandating period independent medical examinations, vocational rehabilitation and field nurses to hound the injured worker). Workers' compensation reform is a constant threat to the rights of workers across the country. It is important that all of us who participate in the work' comp' system do our part to protect and preserve these legal rights.
Tembow

The High Price of Gas – Mileage Reimbursement for Injured Workers

Some states like NJ offer zero mileage reimbursement. Today's post comes from guest author Laurel Anderson, from Causey Law Firm.
By Laurel Anderson from Causey Law Firm
     Injured workers who are are dependent on time loss compensation payments of only 60-75% of their wages unfortunately are well used to the enormous financial losses and constraints this wage loss puts on their family budgets.  With budget cuts being made by the Department of Labor & Industries which place additional burdens on workers by reducing reimbursements for the additional costs incurred as a result of an injury, it is important to be aware of what you can be reimbursed for, and what some relatively new regulations do not cover.  The current mileage reimbursement rate is now 56.5 cents per mile.
When money is tight, making sure you receive everything you are entitled to under your claim is important!
     Injured workers are always entitled to receive travel and/or wage reimbursement if they are asked to attend an IME (Independent Medical Exam).  However, we have noted that more recently both the Department and self-insured employers are failing to provide workers with the form necessary to be reimbursed gas mileage for what are often not insignificant distances.   Many workers are unaware they can have their wages reimbursed as well if they miss time from work.  The form can be found online here.  When self-insured employers do not provide our clients with a reimbursement form when sending out IME notices, we will send out the Department’s standard form.
     More difficult to decipher are the rules allowing for travel reimbursement for medical treatment or vocational services.  A different form must be filed to obtain reimbursement for these expenses.  At Causey Law Firm, we insure that our clients are reimbursed for travel for vocational meetings which take place in our office.  Parking is expensive in Seattle, and that cost can be reimbursed to you directly.  Some law firms charge a fee on travel reimbursement expenses, but we do not.
     While injured workers have the right to treat with their own preferred provider, travel reimbursement is only paid for regular treatment visits if there is no adequate treatment provider within 15 miles of their home AND if the claims manager has pre-authorized the travel.  Travel reimbursement is now limited for regular medical treatment visits by the so-called “15 mile rule”.  Thus, if your pre-authorized provider is 30 miles from your home, reimbursement will only be provided for the last 15 miles each way of that trip.  As with medical appointments, regular visits to meet with a vocational counselor are only covered after that 15 mile threshold has been reached.  If you are approved for a formal vocational retraining plan, however, mileage may be fully reimbursable through your plan with necessary signatures and paperwork submitted through a vocational rehabilitation counselor.
      Many workers are unaware of their right to apply for reimbursements, which can be submitted to the Department for a period up to one year of the date of travel.  The Department’s general guidelines can be seenhere.  When money is tight, making sure you receive everything you are entitled to under your claim is important!

OCCUPATIONAL VIOLENCE

Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov

Violence on the Job - image of shattered glass

The magnitude of workplace violence in the United States is measured with fatal and nonfatal statistics from several sources. The Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) reported 13,827 workplace homicide victims between 1992 and 2010. Averaging over 700 homicides per year, the largest number of homicides in one year (n=1080) occurred in 1994, while the lowest number (n=518) occurred in 2010.

From 2003 to 2010 over half of the workplace homicides occurred within three occupation classifications: sales and related occupations (28%), protective service occupations (17%), and transportation and material moving occupations (13%).

The Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses (SOII) reported an estimated 130,290 nonfatal occupational injuries and illnesses involving days away from work during the 2003 to 2010 time period. The Healthcare and Social Assistance Industry accounted for 63% of these injuries and illnesses each year.

Data collected by the Consumer Product Safety Commissions’ National Electronic Injury Surveillance System (NEISS) that is collected in collaboration with NIOSH (NEISS-Work Supplement) estimated more than 137,000 workers were treated in emergency departments for nonfatal assaults in 2009.

The Bureau of Justice StatisticsNational Crime Victimization Survey (NCVS) estimated the number of nonfatal violent crimes occurring against persons 16 or older while they were at...
[Click here to see the rest of this post]

Thursday, September 26, 2013

AIG CEO: Anger over AIG bonuses ‘just as bad’ as lynchings

Today's post was shared by Steven Greenhouse and comes from m.washingtonpost.com

Robert Benmosche (Bloomberg News)

AIG's CEO Robert Benmosche -- who came in to rescue the company after the 2008 financial crisis -- told the Wall Street Journal that the outrage over the bonuses promised to AIG's members was just as bad as when white supremacists in the American South used to lynch African Americans:
The uproar over bonuses "was intended to stir public anger, to get everybody out there with their pitchforks and their hangman nooses, and all that -- sort of like what we did in the Deep South [decades ago]. And I think it was just as bad and just as wrong."
Yes, enduring some public criticism for receiving multimillion-dollar bonuses after helping crash the global economy is a lot like being hanged from a tree by your neck until you die.
These kinds of sentiments don't emerge in a vacuum. Benmosche is expressing a view that was pretty common back in 2010 and 2011, when it was kind of a thing for members of the besieged 1 percent to compare public anger over their compensation to the way Nazi Germany treated the weak. There was supermarket mogul John Catsimatidis:
"Taxes are going to go up regardless. What I'm afraid of is, we shouldn't punish any one group. Whether we're punishing people who are wealthy," he said. "New York is for everybody; it's for the poor, it's for the middle-class, it's for the wealthy. We can't punish any one group and chase them away. We - I mean, Hitler punished the Jews. We can't have punishing the '2 percent group' right now."
...
[Click here to see the rest of this post]