Federal Workers Nationwide Protest Government Shutdown

The US Capitol is photographed through a chain fence in Washington, DC, on September 30, 2013 (Reuters/Kevin Lamarque). The US government shut down at midnight as the Republican-controlled House continued to demand changes to Obamacare, and in response workers all across the country are protesting the GOP’s actions. Nearly 100 government employees rallied in downtown Chicago at Federal Plaza on Monday to protest the shutdown, the first in seventeen years, calling Congress’ actions, “political theater of the absurd.” Fox Chicago reports workers carried signs reading: “Jobs Not Furloughs.” When asked about the impact of a shutdown, a spokesperson for Mayor Rahm Emanuel’s office responded vaguely: “I think we all know what that looks like.” The Chicago Tribune offered some more specifics: “The early prevailing wisdom is that the Chicago area should be able to weather a short-term shutdown largely unscathed but that the impact will become more apparent the longer federal funding is suspended.” And the Sun-Times reports that if employees considered “non-essential to national health safety and security” are furloughed, it will be “more difficult or impossible” to get a passport, a gun permit, or a new Social Security card. Chris Black, who workers for the EPA, told CBS that a shutdown would do more than just furlough workers. A shutdown will also affect the jobs they do. “I’m involved...

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What Happens When The Government Shuts Down 94 Percent of the EPA

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

Tuesday morning, 94 percent of the Environmental Protection Agency's 16,000 workers were furloughed due to the government shutdown. "They basically lock things up, batten things down, which takes a few hours, then a vast majority of people are sent home," says consultant Dina Kruger, who worked at the EPA during the 1996 government shutdown. To make sense of what it means that over 15,000 EPA employees are now sitting at home instead of working, consider how many facets of the environment the agency has its hands in: The EPA monitors air quality, regulates pesticides and waste, cleans up hazardous chemical spills, and ensures that people have safe drinking water, among other things. Now, according to the plan it laid out for the shutdown, only some workers will be on hand to respond to emergencies and to monitor labs and property. That means the EPA will temporarily halt cleanup at 507 superfund sites across the country, the agency told the Huffington Post. Sites where the EPA was cleaning up hazardous chemicals are shuttered in any situation where closing them down won't be an immediate threat to the surroundings. This will slow down cleanups and tack on additional costs that will accrue as these contaminated sites are left to their own devices, says Scott Slesinger, legislative director at the National Resources Defense Council and a former EPA employee. "The only sites that would be exempted would be those that, if they stopped working...

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The Government Shutdown is a Kick-In-Gut to Workers' Compensation

Workers' Compensation programs will be impacted by a Government shutdown because of both the offset provisions of the Social Security Act and the Medicare Secondary Payer Act (MSP). Even The SMART Act, recently enacted to hopefully establish a more efficient collection process will be derailed.

As the US House of Representatives, under Republican leadership influenced by The Tea Party, likened in Aaron Sorkin's HBO program, The Newsroom, as "The American Taliban," passed legislation to shutdown the US Government this Tuesday, serious concern exists as to the consequences of the shutdown on workers' compensation programs throughout the nation. 

In many States, whether or not a reverse offset exists, it is essential to determine what a claimant's Average Current Earnings (ACE) are to calculate, and reach a final determination of temporary and permanent disability, in a state workers' compensation claim. The access to those numbers will become difficult to obtain because of administrative rollbacks, and anticipated further delays in claims processing. Even though Federal payments will be forthcoming under protective measures, the claims process will be derailed.

Likewise, the process to obtain conditional payment information will be delayed or non-existent. The provisions of the Medicare Secondary Payer Act mandating reimbursement to The Center for Medicare and Medicaid Services (CMS) will be put on hold. Similarly, reviews for future medical compromises embodied in the Workers' Compensation Medicare Set-aside Agreements (WCMSA) will be delayed just because of administrative cutbacks in the claims system, including the appeals process.

The recently enacted provisions of The SMART Act. long sought by a coalition of cottage industries, and compensation parties, to the reimbursement process itself, will face its first major challenge to implementation as the Internet web-portable becomes non-functional. Recently proposed final Rules will face delay in implementation as the exchange of comments under the rulemaking process become further delayed in the process of submission and response.

Overall, the workers who most need the system to function, and who waited the longest time, in waiting for final adjudication of their claims, will become victim of the process. No matter how long the shutdown extends, the Federal action will highlight the continued deterioration of the complex patchwork process know as workers' compensation. The now antiquated, and once expeditious and remedial insurance system, will have suffered yet another devastating blow in its attempt to survive in a radically changing economic and socio-political system.
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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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