Workers' Compensation: Federal government of the United States

Showing posts with label Federal government of the United States. Show all posts

Thursday, July 10, 2014

Chinese Hackers Pursue Key Data on U.S. Workers

The meaning of confidentiality appears to be strained daily by reports in the media that digital information is either made public by hacking and/or government access. Workers' Compensation by law in most jurisdiction has been built on a theoretical foundation of privacy and confidentiality. The ramification of disclosure of this information will bring discrimination to a level level of development that may may inhibit the filing of claims altogether. Today's post is share from the NYTimes.com and reflects a concern over the extent of data disclosure about US Workers.

Chinese hackers in March broke into the computer networks of the United States government agency that houses the personal information of all federal employees, according to senior American officials. They appeared to be targeting the files on tens of thousands of employees who have applied for top-secret security clearances.

The hackers gained access to some of the databases of the Office of Personnel Management before the federal authorities detected the threat and blocked them from the network, according to the officials. It is not yet clear how far the hackers penetrated the agency’s systems, in which applicants for security clearances list their foreign contacts, previous jobs and personal information like past drug use.

In response to questions about the matter, a senior Department of Homeland Security official confirmed that the attack had occurred but said that “at this time,”...

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Friday, December 13, 2013

Trek Recalls Madone Bicycles Due to Crash Hazard; Front Brake Can Fail

Today's post was shared by U.S. CPSC and comes from www.cpsc.gov

Trek Madone 5.2

Units

6,800

Description

This recall involves model year 2013 Trek Madone bicycles with model numbers 5.2, 5.9, 6.2, 6.5, 7.7 or 7.9, and serial numbers starting with WTU and ending with G or H. A list of all serial numbers included in the recall is at www.trekbikes.com. Some of the recalled models are custom-ordered Project One Madones. The model number is printed on the bicycle frame. The serial number is printed on a sticker underneath the frame of the bicycle. The bicycles were sold in a variety of colors.

Incidents/Injuries

Trek has received five reports of loose front brake attachment bolts. No injuries have been reported.

Remedy

Consumers should immediately stop using the recalled bicycles and take the bicycles to a Trek dealer for a free replacement front brake system.

Sold at

Bicycle stores nationwide from July 2012 through December 2013 for between $3,400 and $6,300, and for custom models between $4,000 and $15,000.

Importer

Trek Bicycles Corp., of Waterloo, Wis.

Distributor

Trek Bicycles Corp., of Waterloo, Wis.

Manufactured in

Taiwan, United States and Germany

Trek Madone 5.9

Trek Madone 6.2

Trek Madone 6.5

Trek Madone 7.7

Trek Madone 7.9

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Tuesday, October 22, 2013

Snowden Offers to Fix Healthcare.gov

Do two negatives equal a positive? Today's post was shared by Steven Greenhouse and comes from www.newyorker.com

The N.S.A. leaker Edward Snowden today reached out to the United States government, offering to fix its troubled healthcare.gov Web site in exchange for immunity from prosecution.
Speaking from an undisclosed location in Russia, Mr. Snowden said he hacked the Web site over the weekend and thinks he is “pretty sure what the problem is.”
“Look, this thing was built terribly,” he said. “It’s a government Web site, O.K.?”
Mr. Snowden said that if an immunity deal can be worked out, “I can get to work on this thing right away—I don’t need a password.”
In addition to full immunity, Mr. Snowden said he is requesting that he be allowed to work from home.
At the White House, President Obama offered a muted response to Mr. Snowden’s proposal: “Edward Snowden is a traitor who has compromised our national security. Having said that, if he knows why we keep getting those error messages, that could be a conversation.”
Get the Borowitz Report delivered to your inbox.Photograph: AP.

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Thursday, February 16, 2012

Distracted Driving: Federal Guidelines Proposed For Automakers

After years of accidents in the workplace caused by the use of mobile devices in vehicles, the Federal Government today proposed universal universal guidelines to encourage automobile manufacturers to electronically disable these devices when a vehicle is in operation. The enforcement of this safety-first proposal may establish a legal standard universally to bar the use of such devices in vehicles and encourage employees to have a safer working environment.

See: U.S. Department of Transportation Proposes ‘Distraction’ Guidelines for Automakers
"Issued by the Department’s National Highway Traffic Safety Administration (NHTSA), the guidelines would establish specific recommended criteria for electronic devices installed in vehicles at the time they are manufactured that require visual or manual operation by drivers. The announcement of the guidelines comes just days after President Obama’s FY 2013 budget request, which includes $330 million over six years for distracted driving programs that increase awareness of the issue and encourage stakeholders to take action. "

Thursday, February 10, 2011

AIG Reaches For Its Wallet to Cover $4.1 Billion in Work Comp Claims and Asbestos Liabilities

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The American International Group (AIG), the huge insurance company that the US Government bailed out financially, is still hard pressed to raise funds to cover on going claims. AIG has announced that it will need to raise another $4.1 Billion dollars to cover such costs as primary and excess workers' compensation claims and asbestos liability claims.

AIG's long and troubled history was the subject of investigative reporting in the Academy Award nominated film, Inside Job. The Many factors have impact on an insurance company's solvency including the ability to collect premiums in a down economic cycle, the investment of the premiums collected and colateral bad investments the have a massive economic impact of the financial worth of the company in general.

Workers' compensation claims continue despite a low employment cycle. Latent diseases, such as asbestos related lung cancer, asbestosis and mesothelioma, may be dormant for decades before manifesting into a chronic and terminal medical condition.

The industry continues to struggle on how workers' compensation should be employed to insure industries and employers from these condition. Originally the workers' compensation acts did not cover occupational conditions such as silicosis or asbestosis. In the 1950s acts were amended, at industries insistence to bring these occupational conditions under the umbrella of coverage and shield employers from civil lawsuits. With the expansion of products liability claims, based on the intentional concealment of information of the hazards of these conditions, as well as low economic recoveries from struggling workers' compensation systems put the boat back into the bottle, "the longest running tort", asbestos litigation, was born.

Industry continues to try to put the genie back into the bottle, which is reflected in the latest attempt in Missouri to bar liability claims against employers and co-workers. One of the incentives of a workers' compensation program is to prevent industrial accidents, but the system continues to struggle both economically and procedurally in achieving that objective.

The need for AIG to raise additional cash to pay claims raises a concern as to whether premium dollars to pay claims are being adequately protected in the first place, and whether those premiums ared being directed to injured workers and victims of occupational illness. Instead of trying to figure how to further restrict the payment of benefits, perhaps more attention should be paid to making a safer workplace by banning asbestos use, and providing more convenience access through universal medical care.

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Saturday, September 4, 2010

CMS/MSP Statute Tolling Case Set for Hearing by Federal Court

The claim filed by the US government for reimbursement against multiple law firms and insurance companies has been scheduled for a hearing September 13, 2010 on the pending motions. The Federal government, who has claimed that the Statute of Limitation was tolled, is seeking reimbursement involving over 900 specific claims that were paid involving a liability action. The gross settlement was $275 Million for which payment was made in 2003.

The Centers for Medicare and Medicad Services (CMS) under the Medicare Secondary Payer Act has alleged that it was not reimbursed. The Government contends that the Statute of Limitations under 28 U.S.C.2415 is 6 years and not three years. Alternatively the Government has argued that the Statute f Limitations was tolled under 28 U.S,C, 2416(c), which permits tolling where a claim has accrued, but "facts material to the right of action are not known and reasonably could not be known" by the Government.

The attorneys and insurance companies contend that the Statute of Limitations is a valid defense since the the claim arose when the defendants were originally obligated under the settlement agreement to make payment. Travelers and AIG, as parent companies, claim that they are not proper parties to the case and should be removed as parties. The insurance companies, in a brief filed in June 2003, also allege that the bar to permitted the statute of limitation tolling should have been dropped under Federal statute. The stated in "....once the facts making up the 'very essence of the right of action' are reasonably knowable."

United States of America v. James J. Stricker, et al., Case No. 1:09-cv-02423-KOB (USDCT AL).

Amended Complaint Filed in CMS Recovery Action Against Law Firms

Click here to read more about Medicare Secondary Payer Act and workers' compensation.

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 exposures.

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