The COVID-19 pandemic has the potential of generating an enormous number of occupational illness claims from health care workers [HCW] and first responders [FR]. Several governmental leaders have called for a nationalized workers’ compensation benefit program to handle the surge of claims.
Showing posts with label Andrew Cuomo. Show all posts
Showing posts with label Andrew Cuomo. Show all posts
Wednesday, May 13, 2020
Friday, April 17, 2020
Back to Work Needs Congressional Support
As employee and employers look to their state governor’s for direction upon return to work, an undiscussed issue remains, the responsibility for work-related occupational exposures. While this is new territory, one might look toward other potential mass exposure scenarios in the US history for guidance.
Sunday, April 3, 2016
Consequences of Increasing the Minimum Wage
The national wave toward raising the statutory minimum wage to $15.00/hour is going to have major consequences for the ailing national network of workers' compensation programs. Not only is it going to increase benefits for injured workers that are calculated on wages, but it is also going increase much needed premium dollars for insurance companies whose premiums are based on payroll costs.
Sunday, January 12, 2014
New York State is committed to improving outdated workers’ compensation system
Today's post is shared from buffalonews.com and is authored by Jeffrey Fenster, Executive Director of the New York State Workers’ Compensation Board.
Gov. Andrew M. Cuomo inherited a century-old workers’ compensation system in extreme dysfunction, caused by years of neglect and special interest lobbying. Independent research, such as studies by the Workers’ Compensation Research Institute, shows that compared to other states, New York’s system is slow to pay injured workers and produces poor medical outcomes. It is undisputed that prompt delivery of benefits is good for injured workers and reduces employer costs. Yet those most in need receive least, our workers wait longer for benefits and our costs to employers are the fifth highest in the nation. Things needed to change. Already, under Cuomo’s administration, the Workers’ Compensation Board has been aggressive in improving the system. We fully implemented and continue improving upon the 2007 reform. That was followed by an increase in the minimum benefit from $100 to $150, protecting New York’s most vulnerable employees. Simultaneously, the board tackled the high and rising cost of workers’ compensation assessments on employers. In March 2013, Cuomo signed the Business Relief Act, which included $800 million in assessment savings to employers in 2014 – a drop from 18.8 percent to 13.8 percent of premium. Ensuing years will see assessment savings of $300... |
Saturday, January 4, 2014
New York State Is Set to Loosen Marijuana Laws
Changes in the delivery of medications in workers' compensation has become a hot issue recently. While employers and insurance companies attempt to restrict maintenance medications for pain especially, the use of medical marijuana is becoming widely adopted, and in Colorado it has been adopted for recreational use. See also the The Complex World of Workers' Compensation and Pharmaceutical Benefits. Today's post is shared from the nytimes.com.
ALBANY — Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of New York plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say.  Mr. Cuomo’s plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allow just 20 hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health. While Mr. Cuomo’s measure falls well short of full legalization, it nonetheless moves New York,... |
Tuesday, December 17, 2013
Governor Cuomo Announces Significant new Protections for World Trade Center Workers
Governor Andrew M. Cuomo today announced World Trade Center workers who performed rescue, recovery and clean-up in the year after 9/11 now have significant new protections for workers’ compensation benefits. The World Trade Center Registry was reopened and the deadline for joining extended to September 11, 2014; certain previously time-barred World Trade Center claims are being reopened and considered timely; and qualifying health conditions were added to the law.
“New York State is committed to caring for those who stood up in the face of danger to assist in the rescue and recovery efforts during and after the horrific attacks at the World Trade Center,” Governor Cuomo said. “That is why we are providing new protections for the workers, including first responders, clean-up crews and volunteers, who answered the call for help and ensuring they have access to workers’ compensation benefits for the future. I urge those who worked at Ground Zero and other recovery sites to file a WTC-12 form today to apply for the benefits they deserve.”
Filing a WTC-12 form with the Workers’ Compensation Board preserves the workers’ compensation rights for those who performed rescue, recovery and clean-up after the World Trade Center attacks. The State again urges those who worked at Ground Zero, the Fresh Kills Landfill, on the barges, the piers and the morgues to file a WTC-12 form, no matter if they were injured or not and whether they were employed or volunteered.
The last national Tell Us You Were There campaign ended with 41,094 filings received by the previous Sept. 13, 2010, deadline. As part of a new law signed by Governor Cuomo, any WTC-12 filings received after that date are now consider timely.
The Board will also review its files to locate any World Trade Center claims previously disallowed as “untimely” under Workers’ Compensation Law Secs. 18 and/or 28 or from failure to file a timely WTC-12 form. The Board will, under its own initiative, now reconsider those particular World Trade Center claims “timely.”
A detailed list of qualifying health conditions resulting from hazardous exposure for World Trade Center workers who participated in rescue, recovery and clean-up operations was also added. The categories are diseases of the:
“When New Yorkers needed their help, 9/11 rescue, recovery, and cleanup workers selflessly answered the call,” President of the New York State AFL-CIO Mario Cilento said. “It's incumbent upon us, as a state, to be there for them now and in the future as we continue to learn more about the growing impact of their exposure. We commend Governor Cuomo and the Legislature for ensuring that critical treatment and benefits will be available for the heroes who served in the aftermath of 9/11.”
“The enactment of this legislation is a major victory for those who worked in rescue, recovery and cleanup operations following the attack on the World Trade Center,” Executive Director Joel Shufro of the New York Committee for Occupational Safety and Health said. “By extending the deadline to register to file a claim for another year and reinstating those whose registrations were previously time barred, many workers who develop WTC related illnesses with long latency periods will be eligible to file for benefits under New York State’s Workers’ Compensation Law. The enactment of this legislation is an act of justice and equity and the legislature should be congratulated for passing the legislation and the governor for signing it.”
“As an injured worker as of the result of working at Ground Zero, I know firsthand what this important piece of legislation means to those who are sick or injured from their heroic actions. This will bill not only provides those sick or injured the opportunity to apply for benefits, but more importantly it gives them hope that our Governor still cares about yesterday's heroes,” John Feal, founder of the FealGood Foundation, said.
Governor Cuomo is committed to ensuring all World Trade Center workers receive the benefits and protections they are accorded under the law. To achieve this, at his direction the Board has:
Contacted previously untimely filers;
Translated the WTC-12 form into seven languages other than English;
Reopened a dedicated phone line for World Trade Center workers, 1 855 WTC-2014 (1 855 982-2014);
Relaunched the web page www.wcb.ny.gov/WTC12 for World Trade Center workers; and
Planned outreach to workers and groups representing World Trade Center workers.
All these worker protections were added to Workers’ Compensation Law Article 8-A.
The Board’s dedicated World Trade Center work groups and hearing parts have functioned continuously since September 2001.
….
“New York State is committed to caring for those who stood up in the face of danger to assist in the rescue and recovery efforts during and after the horrific attacks at the World Trade Center,” Governor Cuomo said. “That is why we are providing new protections for the workers, including first responders, clean-up crews and volunteers, who answered the call for help and ensuring they have access to workers’ compensation benefits for the future. I urge those who worked at Ground Zero and other recovery sites to file a WTC-12 form today to apply for the benefits they deserve.”
Filing a WTC-12 form with the Workers’ Compensation Board preserves the workers’ compensation rights for those who performed rescue, recovery and clean-up after the World Trade Center attacks. The State again urges those who worked at Ground Zero, the Fresh Kills Landfill, on the barges, the piers and the morgues to file a WTC-12 form, no matter if they were injured or not and whether they were employed or volunteered.
The last national Tell Us You Were There campaign ended with 41,094 filings received by the previous Sept. 13, 2010, deadline. As part of a new law signed by Governor Cuomo, any WTC-12 filings received after that date are now consider timely.
The Board will also review its files to locate any World Trade Center claims previously disallowed as “untimely” under Workers’ Compensation Law Secs. 18 and/or 28 or from failure to file a timely WTC-12 form. The Board will, under its own initiative, now reconsider those particular World Trade Center claims “timely.”
A detailed list of qualifying health conditions resulting from hazardous exposure for World Trade Center workers who participated in rescue, recovery and clean-up operations was also added. The categories are diseases of the:
- Upper respiratory tract and mucosae;
- Lower respiratory tract;
- Gastroesophageal tract;
- Psychological axis; and
- New onset diseases that develop in the future resulting from exposure.
“When New Yorkers needed their help, 9/11 rescue, recovery, and cleanup workers selflessly answered the call,” President of the New York State AFL-CIO Mario Cilento said. “It's incumbent upon us, as a state, to be there for them now and in the future as we continue to learn more about the growing impact of their exposure. We commend Governor Cuomo and the Legislature for ensuring that critical treatment and benefits will be available for the heroes who served in the aftermath of 9/11.”
“The enactment of this legislation is a major victory for those who worked in rescue, recovery and cleanup operations following the attack on the World Trade Center,” Executive Director Joel Shufro of the New York Committee for Occupational Safety and Health said. “By extending the deadline to register to file a claim for another year and reinstating those whose registrations were previously time barred, many workers who develop WTC related illnesses with long latency periods will be eligible to file for benefits under New York State’s Workers’ Compensation Law. The enactment of this legislation is an act of justice and equity and the legislature should be congratulated for passing the legislation and the governor for signing it.”
“As an injured worker as of the result of working at Ground Zero, I know firsthand what this important piece of legislation means to those who are sick or injured from their heroic actions. This will bill not only provides those sick or injured the opportunity to apply for benefits, but more importantly it gives them hope that our Governor still cares about yesterday's heroes,” John Feal, founder of the FealGood Foundation, said.
Governor Cuomo is committed to ensuring all World Trade Center workers receive the benefits and protections they are accorded under the law. To achieve this, at his direction the Board has:
Contacted previously untimely filers;
Translated the WTC-12 form into seven languages other than English;
Reopened a dedicated phone line for World Trade Center workers, 1 855 WTC-2014 (1 855 982-2014);
Relaunched the web page www.wcb.ny.gov/WTC12 for World Trade Center workers; and
Planned outreach to workers and groups representing World Trade Center workers.
All these worker protections were added to Workers’ Compensation Law Article 8-A.
The Board’s dedicated World Trade Center work groups and hearing parts have functioned continuously since September 2001.
….
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). 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.
Thursday, October 31, 2013
Governor Cuomo Details Improvements to New York's Workers' Compensation System That Cut Costs to Employers by 26% for 2014
Improvements Will Save New York State Employers $800 Million Next Year and $300 Million Annually
Governor Andrew M. Cuomo today detailed a series of measures that reduce the cost to employers under the State’s workers’ compensation system by 26 percent in 2014, saving businesses and local governments $300 million in annual expenses. The Business Relief Act cuts the assessment to employers from 18.8 percent to 13.8 percent, the largest reduction since 1998, and provides a one-time workers’ compensation assessment savings to all self-insured employers of approximately $500 million.
“The improvements in the workers’ compensation system will deliver major savings for businesses across the state, giving them the opportunity to use that extra money to make investments and create jobs in their communities,” Governor Cuomo said. “With the cost reductions in the workers’ compensation system, we are saving New York employers $800 million in 2013 and $300 million for each year moving forward – a tremendous savings that will be felt immediately by businesses, municipalities and school districts statewide. As we continue to make state government more efficient and take actions to make doing business in New York easier, we are also spearheading a comprehensive review of the current workers’ compensation system so that we can continue to find ways to deliver for our employers.”
Signed by the Governor as part of the 2013-14 budget, the Business Relief Act achieves $800 million in savings by reducing the cost to operate the workers’ compensation system, otherwise known as assessments, in two ways. Closing the Re-Opened Case Fund initially saves all New York State employers a $300 million annual assessment. In recent years, the cost of the Re-Opened Case Fund has grown exponentially while failing to serve its originally intended purpose. Closing the fund also reduces unnecessary litigation in the workers’ compensation system, another cost savings for employers.
Wednesday, October 16, 2013
Too Much Temptation To Do the Wrong Thing
The problem with workers' compensation being funded and managed by private interests is that there is simply too much temptation to do the wrong things for the wrong reasons - usually those reasons involve profiting at the expense of everyone else.
And so it seems in New York where an associate attorney in the State Workers' Compensation Board General Counsel's Office said in an affidavit filed in New York Supreme Court Friday that improper cost-shifting by the state's workers' compensation carriers has caused the liabilities of the state's Reopened Case Fund to "spiral exponentially," of course at the expense of employers. After the historical reform of New York's system by then Gov. Eliot Spitzer, that imposed the state's first duration caps on permanent partial disability benefits, carriers began settling the indemnity portion of claims, leaving medical treatment open. Three years after the indemnity payments run out, carriers can then file claims with the fund providing medical evidence that the workers' condition has changed, thereby shifting the cost of medical care for injured workers over to the Fund. The lawsuit in which the affidavit was filed was initiated by Liberty Mutual Insurance Co. and 19 of its sister insurers to block a section of Gov. Andrew Cuomo's 2013-2014 budget the close the fund on Jan. 1, 2014. Coumo made closing the fund part of the "Business Relief Act" included in his $141.3 billion budget and predicted that closing the fund will save New York... |
Tuesday, October 1, 2013
Do Cities Need Texting Zones?
| This post is shared from Nicole Ferraro, Future Cities from www.informationweek.com This week, New York's governor announced a plan to put "texting zones" on state highways. It got me thinking about whether cities need to do the same. First, a bit about the news: In an effort to reduce the number of distracted drivers on the roads of New York, Gov. Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has seen a 365% increase in tickets issued to distracted drivers between the summers of 2012 and 2013 (In 2013, 16,027 people were pulled over for talking on cellphones, and 5,553 for texting, as compared to 4,284 and 924, respectively, in 2012). As Cuomo said in a statement, "With this new effort, we are sending a clear message to drivers that there is no excuse to take your hands off the wheel and eyes off the road because your text can wait until the next Texting Zone." Distracted driving is a huge issue for cities. Indeed, just last week we discussed a social media campaign launched by the Mayor of Houston, Texas, to unite Texan cities against texting while driving. With pedestrian death on the rise in cities across the US, there's an absolute need to curb driver distractions. However, there's something about Cuomo's plan that bugs me -- mainly that, in a way, it caves to the compulsion drivers have to... |
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