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Showing posts with label Florida. Show all posts
Showing posts with label Florida. Show all posts

Wednesday, October 30, 2013

Florida Workers' Compensation Fillings Continue to Decrease

The national trend of far fewer workers' compensation claims is reflected in recent Florida statistics. One must look beyond the statistics and evaluate whether claims are not being filed because they have been regulatorily or statutorily been barred; whether there has been a major decrease in riskier jobs; whether the workplace is actually becoming safer; or whether lawyers are not taking the claims to adjudication because they go uncompensated for their efforts. Perhaps a combination of all. If the claims are not being filing as work related compensable events, where are benefits being sought. One certain path is Medicare and Medicare and Social Security Disability Benefits, especially those with catastrophic injuries Today's post is shared from Judge David Langham and I would encourage to read his entire blog post on his site at: http://flojcc.blogspot.com/2013/10/annual-reort-installment-petition.html David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. 

"Petition filings and new case filings continued to decline last year. Remember, the Florida Office of Judges of Compensation Claims (OJCC)(and the rest of the state) runs on a fiscal year, which begins each July 1 and concludes the following June 30. So, fiscal 2013 ended last summer, and the OJCC has been compiling and preparing statistics and measures since then. It is a long process that includes verification of data that our district staff has entered into the database through the year.


"In 2012-13, 58,041 PFB were filed. In 1995-96 the total PFB filing was 56,298. So, after a significant increase in litigation following the 1994 reforms, PFB volumes are approaching the pre-reform volumes. This is an imperfect comparison. Before the 1993 reforms, "claims" were the operative pleading for identifying the dispute, and jurisdiction of this Office over such disputes was effected by filing an "application for hearing" regarding the claim. With this significant change in 1993, it is difficult to compare filing volumes to periods before 1993. 

Friday, October 25, 2013

That time Big Tobacco sold asbestos as the "Greatest Health Protection in Cigarette History"

Today's post was shared by FairWarning and comes from www.motherjones.com


It's hard to think of anything more reckless than adding a deadly carcinogen to a product that already causes cancer—and then bragging about the health benefits. Yet that's precisely what Lorillard Tobacco did 60 years ago when it introduced Kent cigarettes, whose patented 'Micronite" filter contained a particularly virulent form of asbestos.

Smokers puffed their way through 13 billion Kents between March 1952 and May 1956, when Lorillard changed the filter design. Six decades later, the legal fallout continues—just last month, a Florida jury awarded more than $3.5 million in damages to a former Kent smoker stricken with mesothelioma, an extremely rare and deadly asbestos-related cancer that typically shows up decades after the initial exposures.

Lorillard and Hollingsworth & Vose, the company that supplied the asbestos filter material, face numerous claims from mesothelioma sufferers, both factory workers who produced the cigarettes or filter material and former smokers who say they inhaled the microscopic fibers. (The companies insist that hardly any fibers escaped.) There's been a burst of new lawsuits in the last few years, according to SEC filings, possibly because a mesothelioma patient these days is almost certain to be asked by his doctor or lawyer, "Did you happen to smoke Kents in the 1950s?"

While there's no official count, records and interviews suggest that mesothelioma claims since the 1980s number in the low hundreds at least. ...
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Wednesday, October 23, 2013

Florida rejects workers' compensation rate hike

Workers' compensation insurance has been stressed under the on going US economic downturn. lower premiums, which are based on payrolls, and increasing medical costs, are significant causes. Despite the pressure of NCCI to increase the cost dramatically, FL has officially rejected that proposal. Today's post is shared from naplesnews.com.

Florida regulators are rejecting a proposed 1 percent hike in workers compensation insurance rates.
Insurance Commissioner Kevin McCarty on Wednesday announced that he won't approve the hike that had been requested by insurers that provide coverage for on-the-job injuries.
But McCarty says that his office would approve a slightly lower hike 0.7 percent if insurers resubmitted their request.
That hike on employers would take effect on Jan. 1.
If the hike is ultimately approved it would make the fourth straight year that workers' compensation insurance rates have increased.
The rate hike proposal was submitted by the National Council on Compensation Insurance. The council is a rating and data collection agency owned by insurance companies. It submits rate filings on their behalf.
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Electronic Filing in Workers Compensation: One National System



By Jon Gelman from Jon L Gelman LLC
Pennsylvania is down, New Jersey is up, and Florida is just ahead of the curve, on workers’ compensation docketing and statistical reporting programs. Reliability, accuracy and utility and necessary components to a model system.
Costs from development to deployment, to upgrade and usage become compounded by  glitches and downtime. Redeveloping the wheel for every software browser upgrade and development merely adds to the cost and loss of time.
Nationally the best system has been the Federal Court Electronic Filing System (EFS) along with the public access system PACER. Handling a universal docket of civil, criminal and bankruptcy actions the system is stellar, and gets better with every new software upgrade 
Even though there are many unique local District Courts, and Circuit Court of Appeals Rules, that require adherence, the system integrates functionality that makes it easy and consistent in filing and handling claims. 
A universally consistent protocol for handling court related data would allow integration throughout all jurisdictions national. While workers’ compensation has its own particular issues in each jurisdiction, the basic theory and practice is essentially the same.  
While some integration of data is universally being proposed under The Smart Act regulations, and other Medicare Secondary Payer Act requirements, the processes are national and universal data integration with an uniform patchwork of claims processes, is tedious and difficult to adoption by local jurisdictions at the present time.
Integration of information is not unusual. The major credit reports companies already have collected national individual data. Likewise, The Index Bureau collects data nationally on injuries and claims for the insurance companies. In fact, Federal agencies like the Social Security Administration already access this data.
The writing is obviously on the wall, and has been since CMS initially promulgated the Patel memorandum July 16, 2001, concerning both collection procedures and future medical allowances.
The tedium of prosecuting a Workers’ Compensation claim, and it’s ultimate adjudication, is an onerous task that seems to be getting much worse because of collection of data requirements and a transient population and multi-jurisdictional employers. Dual jurisdiction claims, collateral liens, pre-existing medical conditions, and the collection of medical data are also problematic. Cottages industries are now emasculating the workers’ compensation premium dollar by offering individual State solutions.
It is is time for the establishment of a national workers’ compensation docket system and case filing program that would integrate all jurisdictions and help the system stay an efficient, summary and remedial system that its crafter envisioned a century ago. 

Friday, October 18, 2013

Huge Differences by Region in Prescribing to Elderly, Study Finds

Researchers find that a higher proportion of seniors are prescribed antidepressants, dementia drugs and other medications in some parts of the country than others. Click to explore the researchers' findings.

Elderly Americans are prescribed medications in inexplicably different ways depending on where they live,according to a new report from Dartmouth researchers.

Th emostdepressed older patients—or at least the ones being medicated -- live in parts of Louisiana and Florida. There’s a cluster with dementia around Miami. And the seniors who have the most trouble sleeping? They live, perhaps unsurprisingly, in Manhattan.

The study by the Dartmouth Institute for Health Policy and Clinical Practice examined geographic variations in the drugs elderly Medicare patients received in 2010. Researchers mapped where patients got medications they clearly needed and where they got drugs deemed risky for the elderly. They also looked at difference sin the use of so-called discretionary drugs, which they say are   but of uncertain benefits.

The report’s findings underscore those of a ProPublica investigation in May, which found that some doctors who treat Medicare patients often prescribe drugs that are dangerous or inappropriate for certain patients. ProPublica also found that the federal officials who run Medicare have done little to scrutinize prescribing patterns in their drug program,known as Part D, or question doctors whose practices differ from their peers.
Officials...
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Monday, October 14, 2013

Hank Patterson Receives the 2013 Lifetime Achievement Award

This week, Henry “Hank” N. Patterson, Jr. was presented with the 2013 Lifetime Achievement Award at the annual dinner of the Workplace Injury and Advocacy Group (WILG),  in Palm Beach, Florida. For his entire career, Hank has zealously advanced the rights of workers. He has held leadership positions in national legal organizations, including the American Bar Association, and helped establish the College of Workers Compensation Lawyers.


Hank graduated from the University of North Carolina in 1963 and from UNC Law School in 1966, where he was elected to the Order of the Coif. Before entering private practice, he served as law clerk to the Honorable J. Braxton Craven, Jr., of the U.S. Court of Appeals for the Fourth Circuit and worked as an attorney in Region 11 of the National Labor Relations Board.

He has served on legislative study commissions and as Chair of the Workers’ Rights Section of the North Carolina Academy of Trial Lawyers, Co-Chair of the North Carolina Bar Association’s Workers’ Compensation Committee, and member of the Advisory Council to the Chair of the North Carolina Industrial Commission. Hank is a Board Certified Specialist in Workers’ Compensation Law. His practice is limited to the areas of workers’ compensation, labor and employment, and disability entitlements.




Thursday, October 10, 2013

Supreme Court Rejects Tobacco Companies’ Appeal of Florida Case

Today's post was shared by FairWarning and comes from www.insurancejournal.com


The U.S. Supreme Court rejected the tobacco industry’s appeal of a Florida ruling that may help thousands of smokers sue cigarette makers over smoking-related illnesses.

The nation’s highest court today turned away arguments by Altria Group Inc.’s Philip Morris USA, Reynolds American Inc.’s R.J. Reynolds Tobacco and Vector Group Ltd.’s Liggett unit. They challenged a $2.5 million award to the family of Charlotte Douglas, who died in 2008 of lung cancer at age 62.

The Supreme Court has repeatedly declined to intervene in tobacco litigation in Florida, where more than 4,500 smoker suits are pending. So far, Florida juries have returned verdicts totaling more than $500 million against the industry, the companies said in their appeal.

Cigarette makers are seeking to limit the effect of a 2006 Florida Supreme Court decision, which said a jury’s factual findings against the industry in a class-action case could serve as the starting point for individual suits. The Florida high court reaffirmed that ruling in the Douglas case.

At the U.S. Supreme Court, the tobacco companies said they were being deprived of their constitutional right to due process of law.

“It is impossible to conclude with any certainty in any of these cases that any jury in any proceeding has ever decided all the elements of the plaintiff’s claims in his or her favor,” the companies contended in their appeal.

Douglas’s widower, James,...
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Friday, October 4, 2013

Federal Shutdown: Is Workers' Compensation Ready for Tropical Storm Karen?

With a Federal Government in a shutdown, will the State Workers' Compensation system be ready for a natural disaster? The public announcements indicate that FEMA will have to ramp up, but will other Federal agencies be ready and reactivated in time? Workers' Compensation will be stressed with emergency responders who become ill and injured as a result of hurricane related activities. One year almost to the Superstorm Hurricane Sandy and recovery efforts are still continuing. Time will tell.......

State emergency management officials on the U.S. Gulf Coast have been assured that the recent shutdown of the federal government will not affect the Federal Emergency Management Administration's response to Tropical Storm Karen.The storm is expected to come ashore late Saturday or early Sunday on the Gulf Coast. A hurricane watch has been issued from southern Louisiana to the western Florida Panhandle.
A hurricane watch means that winds exceeding 74 miles per hour (119 kilometers per hour) are possible within 36 hours. Although Karen could strengthen into a hurricane as it approaches the Gulf Coast, forecasters aren't certain that it will maintain that strength until it makes landfall.
Meanwhile, emergency management agencies in the area are conferring with FEMA officials as they prepare for the storm.
A call to FEMA's External Affairs office in Atlanta was answered by a recording saying that its staff had been furloughed because of the federal government shutdown. Calls to FEMA offices in the Gulf Coast region were answered by staffers not authorized to speak on the record. But state emergency management officials said they are talking to FEMA personnel and the  federal agency is preparing to respond to the storm.
"Our director locally has been in touch with FEMA, and he's received every assurance that FEMA will support us," said Mike Steele, communications director for the Louisiana Governor's Office of Homeland Security and Emergency Preparedness in Baton Rouge.
...
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Tuesday, October 1, 2013

Electronic Filing: The Ideal System for Workers' Compensation

Judicial systems throughout the country have been working diligently to obtain the the "best" electronic filing and docketing systems for workers' compensation systems. The Federal Court program, certainly by the devopment of PACER, and the local District Courts and Appellate Circuits, though their Electronic Court Filing  (ECF) systems, have established a systems that are stellar. Working on budgets, funded by no or minimal filing fees, and a huge volume of matters, with specialized interests, the state workers' compensation programs have had a more difficult start and a rougher road to operationalize electronic filing programs and docketing systems. Florida has produced a system that works, provides transparency and success. Today's post, authored by Judge David Langham, Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings, describes the delicate balance to achieve this result, by balancing the cost of the system and the productivity results.

Pennsylvania launched an integrated electronic management system last week. The Workers' Compensation Automation and Integration System, or WCAIS is described as the first system of its kind. It integrates data-sharing among three Pennsylvania state agencies, the Bureau of Workers' Compensation with the Workers' Compensation Appeal Board and the Workers' Compensation Office of Adjudication."We do not have such an integrated...
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Monday, September 30, 2013

Oklahoma: Gov. Fallin's picks for workers comp commission lack experience

Today's post is shared from Tulsworld.com

Gov. Mary Fallin's first two appointments to the state's new workers compensation system have no experience in workers compensation law.

And that's OK, says Fallin spokesman Alex Weintz.
"As a manager and a business leader, Troy Wilson is acutely aware of how workers compensation affects businesses," said Weintz. "As the former director of the Department of Commerce, Jonna Kirschner knows what an obstacle workers comp costs can be to businesses looking to locate here."

Wilson, named by Fallin to be the first chairman of the new Workers Compensation Commission, and Kirschner, who is expected to be one of the commission's first administrative law judges, get high marks all around for integrity and general ability.

But the enabling legislation creating the new system specifies that commissioners "must have been involved in the workers compensation field for at least three years."
Judges, the law says, "shall have not less than three years of workers compensation experience prior to appointment."

Wilson is a retired banker, businessman and Xerox executive who was retired comfortably in Florida at the time of his appointment.

Kirschner is an attorney who specialized in corporate law before joining the Commerce Department. She is also the daughter of state Supreme Court Justice Yvonne Kauger, which could complicate the court's consideration of a lawsuit challenging the new system's constitutionality.

Weintz said questioning Wilson's...
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Sunday, September 8, 2013

Fla. appeals court says $33M in damages to smoker’s widow not excessive

Today's post was shared by Legal Newsline and comes from legalnewsline.com


A Florida appeals court this week denied a tobacco company’s request for a new trial in a lawsuit brought against the company by the widow of a former smoker.
Rothenberg
Rothenberg

Also Wednesday, Florida’s Third District Court of Appeal upheld a $33 million award to the widow, Dorothy Alexander, saying the damages were not excessive.

After a three-week trial, the jury found in favor of Alexander on her claims against Lorillard Tobacco Company for strict liability, fraudulent concealment, conspiracy to commit fraud by concealment and negligence, but found Alexander’s husband, Coleman, 20 percent comparatively liable.

The jury awarded Alexander $20 million in compensatory damages and $25 million in punitive damages.

Lorillard filed multiple post-trial motions, including motions seeking remittitur of the compensatory and punitive damages awards.

The Miami-Dade County Circuit Court denied all of Lorillard’s post-trial motions except the motion for remittitur of the compensatory damages award and remitted the compensatory damages award to $10 million.

After computation of comparative fault, Alexander was awarded $8 million in compensatory damages and $25 million in punitive damages, which the trial court declined to remit.
Lorillard appealed.

On appeal, the tobacco company basically reiterated its post-trial claims of error. Additionally, it claimed that it is entitled to a new trial on compensatory damages rather than the...
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Friday, August 16, 2013

FL Workers' Compensation May Be Going Up

The Office of Insurance Regulation (Office) today announced it has received the National Council on Compensation Insurance (NCCI) annual rate filing for workers’ compensation insurance rates in Florida. The proposed overall rate change is an increase of 1 percent to become effective on January 1, 2014; however, it reflects a cumulative decrease of 55.9 percent in overall rates since the comprehensive legislative reforms passed in 2003.

A careful review and thorough analysis of this rate filing will be performed to evaluate its potential effects on Florida’s workers’ compensation insurance marketplace and employers. The Office anticipates conducting a public hearing in early October 2013 and will provide more detailed information at a later date.

Prior to the 2003 legislative reforms, Florida consistently ranked No. 1 or No. 2 in the country for the highest workers' compensation rates. Following this reform, Florida rates became some of the most competitive in the nation with seven years of significant decreases approved for the annual experience filing submitted by NCCI. This year, however, marks the fourth year in a row of proposed increases in the annual experience filings.

The Office plans to make recommendations to the 2014 Legislature to address cost drivers in the workers’ compensation insurance system.

For more information about the NCCI rate filing, please read NCCI’s statement.

Friday, January 11, 2013

Florida's Pace is Impressive

David Langham is the Deputy Chief Judge of Compensation Claims for the Florida
Florida's statistical report for case disposition of workers’ compensation claims is very impressive.

" In 2006, the Florida OJCC averaged 485 days between the filing of a petition and the beginning of trial. In 2012, the average was 166 days. In 2006, the Florida OJCC averaged 212 days between petition filing and the first mediation. In 2012, that average was just 88 days. Along the way, the OJCC leveraged technology, brought innovation to the attorneys and other interested parties, and deployed multiple processes that enhanced transparency and therefore efficiency." 

The data was reported by David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings.

To really be impressed, click here to read the Annual Report of the Office of Judges of Compensation 2012.Not only were the statistics demonstrating movement faster than a bullet train, but the transparency of information was stellar.