The Conflict Between NAFTA and Comp

The need for a consistent and universal public policy concerning the coverage undocumented aliens becomes heightened by this Arizona decision. The commonality of medical treatment costs for injured foreign employees might provide the catalyst for Federal judicial intervention to resolve this issue. Today's post is authored by David Depaolo and shared from http://daviddepaolo.blogspot.com .

It's the long arm of the law.

When the North American Free Trade Agreement was signed into law conservatives applauded that it would open up the forces of economic powers from Mexico that were previously running underground.

Liberals said that NAFTA spelled the end of domestic work for Americans.

Of course, neither of the extreme views became reality.

What did become reality, however, is that Mexican firms sending employees into the United States became subject to the same workers' compensation laws that domestic employers are subject to - a real leveling of the playing field - at least according to a unanimous Arizona Court of Appeals panel opinion.

The court's decision in Porteadores Del Noroeste S.A. v. Industrial Commission of Arizona, No. 1 CA-IC 12-0038 held that the North American Free Trade Agreement did not pre-empt Arizona's workers' compensation statutes and that Porteadores del Noroeste could face liability in Arizona for the additional compensation that one of its workers, Adan Valenzuela, claimed he was due.

Valenzuela worked for Porteadores as a driver,...

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Trickle Down Stagnation

Workers' compensation is dependent the integration of federal benefits in many claims. As the federal government continues to stagnate legislatively, it is difficult for workers' compensation programs to maintain their viability and effectuating a medial social legislative system. Today's post, an editorial, from the New York Times, points out, that the federal government continues big political standoff. Unfortunately, the difficulties facing the federal government in formulating regulations and legislation, Will trickle-down two additional stagnation in the Worker's Compensation programs throughout the nation. Weather this is by design, or an unintentional consequence, the bottom line is that, but Workers' Compensation system Will need to be reformulated before choked out of existence. Last week, in a fit of fury after they lost the ability to filibuster President Obama’s nominees, several Congressional Republicans threatened to retaliate by slowing things down on Capitol Hill. Democrats “will have trouble in a lot of areas because there’s going to be a lot of anger,” said Senator John McCain, Republican of Arizona, specifically warning that a United Nations disability treaty was now in danger of being rejected for the second time. It’s hard to see how Republicans could slow things down more than they already have for the last several years. Yes, they can prevent committees from meeting and add days of wasted time to every nomination...

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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.

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Kings Dominion: Please Shut Down "Miners' Revenge" Halloween Attraction

Making a Halloween Attraction out of a fatal work disaster is in bad taste and repulsive. Today's post was shared from change.org

Kings Dominion hopes to make some big bucks this year with a Halloween attraction called “Miners’ Revenge.”

According to Kings Dominion website, which is selling tickets for $32.99, the theme of this Halloween thriller is this:

"Alone in the darkness… the only sound is the pulsing of your heart as the searing  heat slowly boils you alive… It was reported to be the worst coal mine accident in history. The families of missing miners begged for help but it was decided that a rescue was too dangerous. The miners were left entombed deep underground. Lamps at their sides and pick-axes in their hands they are searching for the men who left them to die…"

Really?

I can’t even describe my outrage reading this advertisement.

In April 2010, we had the Upper Big Branch explosion in West Virginia where rescuers desperately searched in unfathomable conditions hoping, praying to find one of the 29 Upper Big Branch miners alive.

    It was in 2007 when a mine rescue had to be abandoned at the Crandall Canyon Mine in Utah where six miners were trapped (and not presumed dead in the beginning). The rescue was dangerous and considered one of the most difficult in history, and then three rescuers perished trying to desperately dig to get to their mining brothers.

    It was in 2006 when we had the triple disasters of Sago, Darby and Aracoma — losing 19 miners in West Virginia  to fire and CO poisoning, rescuers braving horrific conditions looking for their lost brothers.

    In 2001 — 13 miners killed at the Jim Walters Mine in Alabama only days after 9/11. Twelve of those who perished were miners who would not leave the mine, and were trying to rescue one of their own.

    We have the 1993 Magma Mine accident in Arizona in which a half million pound raise collapsed on four miners in a copper mine.

    The 1992 South Mountain Mine disaster in West Virginia  where eight perished.
    In the 1999 Kaiser explosion in Louisana no one died, but Gary Guy was found by a fellow employee with his skin peeling off from caustic chemicals. Twenty-two were injured — 14 seriously.

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Medical Marijuana Maybe Permitted By State Authorization

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Workers' Compensation systems maybe legally  implementing distribution of marijuana for medical purposes on a state by state basis circumventing a Federal prohibition. A Federal Court ruled today that the state authorized distribution program was not subject to Federal restrictions.

Prescription drugs utilization has exploded both in cost factors and in volume leading to major concerns by both employers and insurance carriers. Compounding the issue is that prescription pain relief is being offered more frequently to avoid the both costly and risky surgical intervention and protocols. Additionally there is a concern that state governments merely want to get into the act in order to tax the prescription costs for the purposes of raising revenue.

All of this focuses on the issue of whether the nation's workers' compensation system is actually providing the necessary care to cure and relieve medical conditions as intended by the crafters a century ago.

Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."

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