Today's post is authored by David DePaolo and shared from workcompcentral.com
Those not living in California are befuddled by our system. Heck, even those living in California are befuddled...
Yesterday was also the start of the 21st annual California Division of Workers' Compensation Educational Conference in Los Angeles, CA, where the weather is a bit warmer than it is here in CT. So too has the activity been a bit warmer in California - at the Educational Conference Acting Administrative Director Destie Overpeck gave an overview of what has been going on with the division since the directive of SB 863 to implement numerous changes to the system. The list of work that the division has been engaged in is impressive, and demonstrates just how vast the changes were in SB 863:
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(c) 2010-2025 Jon L Gelman, All Rights Reserved.
Showing posts with label Legal Information. Show all posts
Showing posts with label Legal Information. Show all posts
Wednesday, February 5, 2014
The Rule of Law and The Media's Role
Tuesday, January 28, 2014
Will GPS "Dots" Change Our Privacy Standards in Workers Compensation
As Global Positioning Systems (GPS) expand and integrate with the Internet, the applications for the invasion of privacy seem endless in workers' compensation. GPS "dots" can be applied to employees and/or equipment, to delineate deviation from the course of employment, temporary disability non-work status and treatment compliance.
After listening to the TED Radio Talk this week on NPR, where Todd Humphrey's describes possibilities to of using GPS "dots," one wonders how much privacy an injured employee will be required to surrender because of an accident at work.
Click here to listen to: TED Radio Hour - Predicting the Future
After listening to the TED Radio Talk this week on NPR, where Todd Humphrey's describes possibilities to of using GPS "dots," one wonders how much privacy an injured employee will be required to surrender because of an accident at work.
Click here to listen to: TED Radio Hour - Predicting the Future
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- NY: Liability and workers compensation priority issues for Chamber of Commece
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- A California Lesson: How to Kill Workers' Compensation Pill By Pill
Sunday, January 12, 2014
New York State is committed to improving outdated workers’ compensation system
Today's post is shared from buffalonews.com and is authored by Jeffrey Fenster, Executive Director of the New York State Workers’ Compensation Board.
Gov. Andrew M. Cuomo inherited a century-old workers’ compensation system in extreme dysfunction, caused by years of neglect and special interest lobbying. Independent research, such as studies by the Workers’ Compensation Research Institute, shows that compared to other states, New York’s system is slow to pay injured workers and produces poor medical outcomes. It is undisputed that prompt delivery of benefits is good for injured workers and reduces employer costs. Yet those most in need receive least, our workers wait longer for benefits and our costs to employers are the fifth highest in the nation. Things needed to change. Already, under Cuomo’s administration, the Workers’ Compensation Board has been aggressive in improving the system. We fully implemented and continue improving upon the 2007 reform. That was followed by an increase in the minimum benefit from $100 to $150, protecting New York’s most vulnerable employees. Simultaneously, the board tackled the high and rising cost of workers’ compensation assessments on employers. In March 2013, Cuomo signed the Business Relief Act, which included $800 million in assessment savings to employers in 2014 – a drop from 18.8 percent to 13.8 percent of premium. Ensuing years will see assessment savings of $300... |
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- Oklahoma workers' compensation opt-out provisions spark judicial questions
Friday, January 10, 2014
Using Workers’ Compensation Records for Safety and Health Research
NIOSH recently released Workers’ Compensation Insurance: A Primer for Public Health to help public health researchers and practitioners broaden their understanding of workers’ compensation insurance, relevant aspects of the insurance industry records, and the potential uses of that information for public health purposes. Read more on the NIOSH Science Blog.
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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... [Click here to see the rest of this post] |
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- How Corporate Money Poisons "Independent" Medical Evaluations (workers-compensation.blogspot.com)
- A California Lesson: How to Kill Workers' Compensation Pill By Pill (workers-compensation.blogspot.com)
- Hip Replacement Lawsuit: ASR Settlement ($2.5 Billion) Benefits Announced (workers-compensation.blogspot.com)
Sunday, December 15, 2013
Even Superwoman Can Have Back Problems
As workers' compensation professionals we have seen and handled thousands of back injury claims. We can recite the issues, observations, diagnostic findings and surgical reports by memory. The cases are cranked through workers' compensation systems at a steady stream. As we age we all realize that no one is immune from an occupational back disorder. Today's post is shared from the nytimes.com .
There are two kinds of people, my sister says. People with back problems, and people who don’t have back problems yet.
Are you the kind of person who will develop back problems? Take this easy test.
l. Are you alive?
2. Are you getting older?
3. Do you ever pick things up?
If you answered “yes” to any of these questions, back problems are probably in your future. (Eighty percent of adults experience them at some point.)
“But I’m not the kind of person who has back problems!” you protest.
That’s what everyone says. Right up until the moment his or her back goes out.
What did mine in was decades of library work. Hours spent lifting small weights (books). And heavier weights (reference books). Not to mention carrying carton after carton of donated books from the vestibule where patrons dropped them off into the storage room. All of which I handled with the casual assumption that I was, and would always be, Superwoman.
I thought nothing of stooping, hoisting up a mammoth box of books, then lugging it the length of the library.
People tried to warn me. “Watch your back!” a patron would caution as I staggered by with a large box.
“Thanks!” I would respond, while thinking: “Back problems? Me? Not a chance.”
Then one morning I got out of bed and I couldn’t stand up. My back refused to bear my weight. I hit the floor, then crawled back into bed and phoned my sister, who has coped with back problems...
[Click here to see the rest of this post]
There are two kinds of people, my sister says. People with back problems, and people who don’t have back problems yet.
Are you the kind of person who will develop back problems? Take this easy test.
l. Are you alive?
2. Are you getting older?
3. Do you ever pick things up?
If you answered “yes” to any of these questions, back problems are probably in your future. (Eighty percent of adults experience them at some point.)
“But I’m not the kind of person who has back problems!” you protest.
That’s what everyone says. Right up until the moment his or her back goes out.
What did mine in was decades of library work. Hours spent lifting small weights (books). And heavier weights (reference books). Not to mention carrying carton after carton of donated books from the vestibule where patrons dropped them off into the storage room. All of which I handled with the casual assumption that I was, and would always be, Superwoman.
I thought nothing of stooping, hoisting up a mammoth box of books, then lugging it the length of the library.
People tried to warn me. “Watch your back!” a patron would caution as I staggered by with a large box.
“Thanks!” I would respond, while thinking: “Back problems? Me? Not a chance.”
Then one morning I got out of bed and I couldn’t stand up. My back refused to bear my weight. I hit the floor, then crawled back into bed and phoned my sister, who has coped with back problems...
[Click here to see the rest of this post]
Related articles
- Oklahoma workers' compensation opt-out provisions spark judicial questions (workers-compensation.blogspot.com)
- AIA to Urge Renewal of TRIA to Workers Compensation (workers-compensation.blogspot.com)
- The Workers' Compensation Nuclear Option: Detroit officially enters bankruptcy (workers-compensation.blogspot.com)
- Settling a Workers' Compensation Claim - Future Medicals and Medicare (workers-compensation.blogspot.com)
- Discovery Permitted Without Motion in Medical Provider Claims (workers-compensation.blogspot.com)
- Workers' Compensation Board hosts meetings to help improve services (workers-compensation.blogspot.com)
Thursday, December 12, 2013
Florida New Case Filings Continue To Go South
FL New Case Filings Decrease |
Click here to read the complete report.
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- Constitutional Challenges New and Old, From Florida to Oklahoma (workers-compensation.blogspot.com)
- NJ COLA Bill - Legislative Hearings Scheduled (workers-compensation.blogspot.com)
- Oklahoma workers' compensation opt-out provisions spark judicial questions (workers-compensation.blogspot.com)
- Privatization of workers, compensation continues throughout WV (workers-compensation.blogspot.com)
- The World Trade Center Registry Opened Again to Register 9-11 Workers (workers-compensation.blogspot.com)
Wednesday, December 11, 2013
More Cost Shifting
A recent study reports that zero-cost workers' compensation claims merely creates cost shifting to other programs.
Objective: Previous research suggests that non–workers' compensation (WC) insurance systems, such as group health insurance (GHI), Medicare, or Medicaid, at least partially cover work-related injury and illness costs. This study further examined GHI utilization and costs.
Methods: Using two-part model, we compared those outcomes immediately after injuries for which accepted WC medical claims made zero or positive medical payments.
Results: Controlling for pre-injury GHI utilization and costs and other covariates, our results indicated that post-injury GHI utilization and costs increased regardless of whether a WC medical claim was zero or positive. The increases were highest for zero-cost WC medical claims.
Conclusion: Our national estimates showed that zero-cost WC medical claims alone could cost the GHI $212 million per year.
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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- Are Smokers Really the ACA's Biggest Losers? (workers-compensation.blogspot.com)
How ALEC Serves As A 'Dating Service' For Politicians And Corporations
ALEC has endorsed workers' compensation as program to shield corporate liability. " NOW THEREFORE BE IT RESOLVED, that the State of (insert state) specifically reaffirms the principle of workers’ compensation as the exclusive remedy and rejects the rationale for tort liability based on legal theories such as dual capacity/dual persona, intentional injury without proof that the employer acted with deliberate intention to cause the injury, or third party action against employers for work-related injuries." Today's post is shared from NPR.org . A batch of internal documents recently leaked to The Guardian has revealed new insights into the goals and finances of the secretive group called ALEC. The American Legislative Exchange Council is a group that brings together state legislators and representatives of corporations. Together, they develop model bills that lawmakers introduce and try to pass in their state legislatures. Through these model bills, ALEC has worked to privatize public education, cut taxes, reduce public employee compensation, oppose Obamacare and resist state regulations to reduce global warming gas emissions. "ALEC is like an incubator of predominantly conservative legislation," Guardian correspondent Ed Pilkington tells Fresh Air's Terry Gross. "The vast majority of the model bills are conservative in their... |
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- The World Trade Center Registry Opened Again to Register 9-11 Workers (workers-compensation.blogspot.com)
- NJ COLA Bill - Legislative Hearings Scheduled (workers-compensation.blogspot.com)
- The Next Wave: N.H.L. Players Sue League Over Head Injuries (workers-compensation.blogspot.com)
- Hip Replacement Lawsuit: ASR Settlement ($2.5 Billion) Benefits Announced (workers-compensation.blogspot.com)
Tuesday, December 10, 2013
Delay Or Deny At Your Risk
There are so many reasons why both employers and workers feel that workers' compensation is "broken" or doesn't work.
Peter Rousmaniere, who is beginning work this week for WorkCompCentral, suggests in his column reviewing two studies on perceived delays in medical treatment that delay may arise as much from indifferent doctoring skills as days elapsing on the calendar. An employer consultant relayed to me a factual scenario indicating another cause of this perception - standard claims administration protocol, which is defensive in nature as opposed to being aggressively pro-active. Rousmaniere cites a couple of studies in his column. A Texas Department of Workers' Compensation survey of injured workers documents wide discrepancy in perceptions, but also notes that up to 50% of all survey respondents complained of some delay in receipt of treatment. Another study cited by Rousmaniere conducted by Harbor Health, which specializes in designing workers’ compensation provider networks, looked for differences in claims outcome, including medical cost and litigation rates, and if surgical treatment happened early or late in the course of treatment. Harbor Health found that early surgery in carpal tunnel cases (earlier than recommended by treatment guidelines) produced slightly more cost in medical expense but much less cost in indemnity expense. Let's put these findings into context. Assume a 28 year old male worker who complains of "... |
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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?
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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- The World Trade Center Registry Opened Again to Register 9-11 Workers (workers-compensation.blogspot.com)
- Florida rejects workers' compensation rate hike (workers-compensation.blogspot.com)
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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.
[Click here to see the rest of this post]
….
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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