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Showing posts with label Government Agencies. Show all posts
Showing posts with label Government Agencies. Show all posts

Sunday, January 12, 2014

Massachusettes Senator Seeks to Double Payment for Workers Killed on the Job

Following the deaths of two workers last month at Boston construction and shipping sites, Senator Brian A. Joyce and the Massachusetts Coalition for Occupational Safety and Health (MassCOSH) are renewing their calls for passage of Joyce’s Bill, "The Families of Fallen Workers Burial Act," which would double the benefit amount paid by workers’ compensation when a loved one is killed at work.
“The amount paid out to grieving families has remained stagnant for decades while the cost of a burial has risen steadily,” said Joyce. “These families are going through enough already without the additional stress of coming up with thousands of dollars to put their loved ones to rest.”
According to the 2010 funeral price survey by the National Funeral Directors Association, the average funeral cost for an adult funeral is $7,775. With cemetery plot, grave marker, flowers or obituary notices, the “regular adult funeral” cost is at least $9,000. Joyce’s bill would increase the benefits allotment from $4,000 to roughly $8,000 (eight times the average weekly wage in the Commonwealth) and tie future increases to inflation.
“The Families of Fallen Workers Burial Act will ensure that no family has to shoulder the financial burden of a burial,” said MassCOSH Executive Director Marcy Goldstein-Gelb. “The increase adds up to very little for the workers’ compensation insurance system and will mean a huge difference...
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Saturday, December 28, 2013

N.Y. Workers’ Comp Board to Transition Established UEF Claims Management to Triad Group

The New York State Workers’ Compensation Board recently announced it will transition the management of established Uninsured Employers’ Fund (UEF) claims to the Triad Group, LLC effective Jan. 13, 2014.
Triad Group, based in Troy, N.Y., is a professional service organization providing comprehensive claims management.
These claims consist of established claims where liability has been determined, and medical, and/or indemnity payments must be made. Triad will perform all claim-related functions and legal representation. Claimants who have such UEF claims, and all parties of interest, including health care providers and legal representatives, will receive individual written notice of the change in claim administrator.
The Workers’ Compensation Board said the transition of claim management should have no impact on claimants receiving workers’ comp benefits. Claimants who are receiving biweekly indemnity benefits will continue receiving benefits on the same schedule currently in place.
For medical and transportation reimbursement requests after Jan. 13, 2014, Form C-257, Claimant’s Record of Medical and Travel Expenses and Request for Reimbursement, must be sent to Triad for processing with a copy to the Workers’ Compensation Board. For medical services provided on or after Jan. 13, 2014, in established cases only, health care providers should send new medical reports, bills and authorization requests to Triad, and a copy to the...

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Wednesday, December 4, 2013

Workers' Compensation Board hosts meetings to help improve services

New York state's Workers' Compensation Board has started a sweeping effort to examine the system, and look at how it could more effectively meet the needs of injured workers and employers. It's in the midst of holding sessions where injured workers can express their opinions.
The second of three sessions was held yesterday in Syracuse, and allowed injured workers to chime in on the discussion in central New York. Fidel, Alejandro Velacqueis Perez was among those telling stories.
His ankle was shattered on the job at a stone cutting company in Delaware County. While waiting four months for a Workers' Compensation hearing, he's basically homeless.
"I need help," Perez said. "I don't have any resources. I don't have money to buy food. I don't have money to get a phone and reach my family."
Interpreting for Perez is Rebecca Fuentes of the Workers Center of Central New York. She says immigrant voices especially need to be heard, but part of the problem is that many don't even know Workers' Compensation exists. An answer to that would be more outreach from the agency.
"People in this building need to get out," Fuentes said. "We want to see them out at events, tabling. We need to see them everywhere. Because workers are getting injured, and they're not having equal access to this right."
Fuentes says among other things, some immigrants lose their jobs after an injury because they apply for Workers' Compensation. She says it is a serious issue that the Workers' Compensation Board...
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Tuesday, December 3, 2013

Are Smokers Really the ACA’s Biggest Losers?

Smoking is a major pre-existing condition in workers' compensation claims and it is also a multiplier for medical conditions that result in malignancies. Penalizing smokers through the ACA (Affordable Care Act) will also have an effect on workers' compensation claims. Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com



Facing thousands in extra insurance costs, smokers appear to be the Affordable Care Act’s (ACA) biggest losers.  Employers are allowed charge smokers up to 50% more for their medical coverage than nonsmokers , starting in 2014.
On November 25, Fox News put it best:  “Obamacare Policies Slam Smokers,” , noting that “smokers are the only group with a pre-existing condition that Obamacare penalizes.”   THCB itself has headlined:  Smokers Face Tough New Rules under Obamacare.
And these headlines are absolutely accurate —  meaning that, with the possible exception of the e-cigarette, ACA is the best thing that has happened to employed smokers ever.
Here is how we arrive at this conclusion.  The data is mixed on whether smokers incur much higher healthcare costs or just slightly higher healthcare costs during their working ages than non-smokers do.  None of the data shows that their costs are lower, but let’s say there is no impact on health spending.
Nonetheless, the following is incontrovertible:  smokers take smoking breaks.
Remarkably, there are no laws specifically governing smoking breaks, and like most other quantifiable human resources issues, no one has quantified them.   But we all observe these breaks, and about a fifth of us participate in them.  They reduce productivity.  By definition, if you are outside smoking, you are not inside...
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Tuesday, November 26, 2013

The Next Wave: N.H.L. Players Sue League Over Head Injuries

Occupational illness claims have been a traditional battleground in workers' compensation for larger and more significant lawsuits and dynamic changes in the safety of the workplace induced by economics.

From the lack of the incorporation of occupational claims in the 1911 model workers' compensation acts, in the 1950's, employers and their insurance companies sought refuge under the "exclusivity bar" of the. workers' compensation act to shield themselves from negligence actions for silicosis and asbestosis claims.

The creativity of claimant's lawyers, and the blatant intentional tort acts of unscrupulous asbestos companies, brought forth a sweeping change in the economic balance as claimants used the civil justice system to establish an avenue for adequate compensation for asbestos victims (lung cancer, asbestosis and mesothelioma claims).

Asbestos litigation, "longest running tort, continues today and is the perfect example of the societal benefits of a working civil justice system.  In fact, the same dynamic existed in: tobacco litigation, lead paint litigation, latex litigation and has been repeated many times over.

The civil justice system, not the workers' compensation system, established an economic incentive establishing a safer workplace for workers and their families.

It is more than obvious that contact sports are seeing the next wave of litigation as the employers and their insurance companies accelerate the cycle, by barring professional athletic players from even seeking workers' compensation benefits, ie. California.

Since it appears that no safe helmet can be manufactured to protect the mayhem of some contact sports, the business of sports will be the next "industry" to experience economic incentives to make the workplace safer. The higher education system will just have to find another economic engine to fund colleges and university and stop luring students to play dangerous sports in hope of winning the professional sports lottery.

First football, now hockey, are emerging targets of the civil justice system as the economics of safety takes hold and the need for safety takes hold. Today's post is shared from the nytimes.com.

Ten former N.H.L. players sued the league Monday for negligence and fraud, saying the sport’s officials should have done more to address head injuries but instead celebrated a culture of speed and violence.

The players, who were in the league in the 1970s, ’80s and ’90s, filed their suit in federal court in Washington. One of the lead lawyers is Mel Owens, a former N.F.L. player who has represented scores of other retired players in workers’ compensation cases.
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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.

Saturday, November 9, 2013

Parker Pathways Show to be Dedicated to Marvin Shapiro

This Sunday, November 10, 2013, Dr. Winn Parker will dedicate his program Parker's Pathway Program to the late Marvin Shapiro, a past President of the California Applicants Attorneys Association (CAAA). Marvin, who was a California Workers' Compensation attorney past away last week.

Dr. Parker said, "I am going to do a dedication to Marvin Shapiro (1936-2013) on my Internet-Radio Program Parker Pathways on RBN Sunday's 10:00 A.M. to 1:00 P.M. CST. For some time I have presented Workman's Compensation issues of importance to my Global audience. I will continue to do so. Inspiration for me came upon me from Marvin from a long time ago."

Parker’s Pathways Program presentations cover as many as five separate disciplines that vary from each program tied together in knowledge and information that can be translated into survival knowledge and for making decisions for clinical laboratory medicine to following trends that have been invested by markets. Futurist implications are given from peer-reviewed science, medicine and law inclusive of water law, health law, genetic engineering and research, testing and development and evaluations (RDT and E) made for projects that are changing our lives and environments. Advanced work is discussed concerning the Brain Project and the future world war for water. Decisions from Government Agencies are given which can have revelations that are of great value for building new working knowledge for future jobs in the new world that include United Nations sustainability paradigms.

Here is the website http://republicbroadcasting.org/parkers-pathways-with-dr-winn-parker/


Tuesday, October 29, 2013

Securing the Right to a Safe and Healthy Workplace | Center for Effective Government


Workers' Compensation is the remedy when workplaces aren't safe. The Occupational Safety and Health Act (OSHA) promulgates safety rule in the workplace. Safer workplaces are needed and OSHA needs to be strengthened. This post is shared from foreffectivegovernment.org .

The Occupational Safety and Health Act (OSH Act), passed in 1970, recognizes that workers play a critical role in ensuring their workplaces are healthy and safe. The OSH Act gives workers the right to report unsafe working conditions and the right to refuse to work under such conditions without reprisal.

The concept is for workers to function as the “eyes and ears” of the Occupational Safety and Health Administration (OSHA) and help the agency prioritize its limited resources to focus inspections on the most dangerous work sites.

Workers will only report safety and health hazards in the workplace, however, if they can come forward without fear of reprisal. Thus, the law prohibits employers from taking any adverse action against employees who exercise the rights provided to them under the OSH Act.

Unfortunately, the weak guarantees written into the federal OSH Act leave workers with few protections against retaliation by an employer after reporting dangerous working conditions. Problems with current protections include the fact that the amount of time required to file a retaliation complaint is too short, investigations take too long, the burden of proof is too high, OSHA cannot preliminarily reinstate an employee once it determines that a complaint has merit, and employees cannot pursue a remedy independently, even if OSHA takes no action on their behalf.

Between 2005 and 2012, OSHA received 11,153 complaints of retaliation, 10,380 were reviewed, and 2,542...
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Monday, October 28, 2013

A Day In The Life Of Ted the Tea-Partier

Today's guest post is by Jay Causey of the Washington Bar.


     Ted gets up at 6 A.M. and fills his coffeepot with water to prepare his morning coffee.  The water is clean and good because some tree-hugging liberal fought for government-enforced minimum water-quality standards. 
     With his first swallow of coffee, he takes his daily medication. His medications are safe to take because some stupid commie liberal fought to have the government insure their safety and that they work as advertised.  All but $10 of his medications are paid for by his employer’s medical plan because some liberal union workers fought their employers for paid medical insurance – now Ted gets it too.
     He prepares his morning breakfast, bacon and eggs.  Ted’s bacon is safe to eat because some girly-man liberal fought for laws to regulate the meat-packing industry
     In the morning shower, Ted reaches for his shampoo.  His bottle is properly labeled with each ingredient and its amount in the total contents because some crybaby liberal fought for his right to know what he was putting on his body and how much it contained.
     Ted dresses, walks outside and takes a deep breath.  The air he breathes is far less polluted than decades ago because some wacko liberal environmentalist fought for laws to stop industries from polluting our air.
     Ted begins his workday. He has a good job with decent pay, medical benefits, retirement, paid holidays and vacation because some lazy liberal union members fought and died for these working standards.  Ted’s employer pays these standards because Ted’s employer doesn’t want his employees to call the union.  If Ted is hurt on the job or is laid off, he’ll get workers’ compensation or unemployment because some stupid liberal didn’t think he should lose his home because of his temporary misfortune.
     It’s noontime, and Ted needs to make a bank deposit so he can pay some bills. Ted’s deposit is federally insured by the FSLIC because some godless liberal wanted to protect Ted’s money from unscrupulous bankers who ruined the banking system before the Great Depression and nearly collapsed the banking system again in 2008, saved only by a tax-payer bailout.
     Ted is home from work, and drives to visit his father this evening at his farm home in the country.  His car is among the safest in the world because some America-hating liberal fought to have the government enact car safety standards.
     He arrives at his boyhood home.  His was the third generation to live in the house financed by Farmers’ Home Administration because bankers didn’t want to make rural loans.  The house didn’t have electricity until some big-government liberal stuck his nose where it didn’t belong and demanded rural electrification.
     He is happy to see his father, who is now retired.  His father lives on Social Security and a union pension because some wine-drinking, cheese-eating liberal made sure he could take care of himself so Ted wouldn’t have to. Ted gets back in his car for the ride home, and turns on a radio talk show.  The radio host keeps saying that liberals are bad and hate their country.  He doesn’t mention that his radical, anti-government Republicans  have, over many decades, fought against each and every one of these protections and benefits Ted enjoys throughout his day.
     Ted agrees:  “We don’t need those big-government liberals ruining our lives!  They’re taking away our freedoms!  After all, I’m a self-made man who believes everyone should take care of themselves, just like I have.”
- See more at: http://workersadvisor.com/a-day-in-the-life-of-ted-the-tea-partier#sthash.PiWVQFET.dpuf