Every year, millions of Americans suffer from medical conditions that affect their ability to work. This puts them at risk of losing their jobs or being forced to rely on Social Security Disability Insurance (SSDI). States could help many of these workers stay in their jobs, but promising options for doing this remain largely untested. The five states with state-mandated short-term disability benefits— California, Hawaii, New Jersey, New York, and Rhode Island—are promising settings for such tests.
Showing posts with label New York. Show all posts
Showing posts with label New York. Show all posts
Saturday, February 11, 2017
Sunday, April 3, 2016
Consequences of Increasing the Minimum Wage
The national wave toward raising the statutory minimum wage to $15.00/hour is going to have major consequences for the ailing national network of workers' compensation programs. Not only is it going to increase benefits for injured workers that are calculated on wages, but it is also going increase much needed premium dollars for insurance companies whose premiums are based on payroll costs.
Saturday, October 25, 2014
Cuomo and Christie Order Strict Ebola Quarantines
 The governors of New York and New Jersey on Friday ordered quarantines for all people entering the country through two area airports if they had direct contact with Ebola patients in Guinea, Liberia and Sierra Leone. The announcement signaled an immediate shift in mood, since public officials had gone to great lengths to ease public anxiety after a New York City doctor received a diagnosis of Ebola on Thursday. A few hours later, New Jersey health officials said a nurse who had recently worked with Ebola patients in Africa and landed in Newark on Friday had developed a fever and was being placed in isolation at a hospital. The nurse, who was not identified, had been quarantined earlier in the day under the new policy, even before she had symptoms. Officials did not know Friday night whether or not she had the virus. The new measures go beyond what federal guidelines require and what infectious disease experts recommend. They were also taken without consulting the city’s health department, according to a senior city official. But both governors, Andrew M. Cuomo of New York and Chris Christie of New Jersey, portrayed them as a necessary step. “A voluntary Ebola quarantine is not enough,” Mr. Cuomo said. “This is too serious a public health situation.” In New York City, disease investigators continued their search for anyone who had come into contact with the city’s first Ebola patient, Dr. Craig Spencer, since Tuesday morning. Three people who... |
Wednesday, July 30, 2014
Verbal Assault: Threats Entitle Employee to Workers' Compensation
Verbal assault gives rise to a compensable event. Today's post is shared from courthousenews.com
[Click here to see the rest of this post]
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Friday, July 25, 2014
Court Orders Travelers Insurance to Pay $500 Million Asbestos Settlement
Today's post is shared from the wsj.com
Travelers Cos. reported an 18% decline in second-quarter operating profit as insurance claims from wind and hail storms eroded earnings, which were below analyst estimates and a catalyst for a sharp drop in the company's shares Tuesday.
Separately, the company was hit with an adverse ruling in a long-running case involving asbestos-related claims of more than $500 million tied to the insurer's coverage of Johns-Manville Corp. decades ago.
The U.S. Court of Appeals for the Second Circuit reversed a 2012 ruling by a lower court. The ruling by the federal appellate court in New York directed Travelers to make the $500 million payment, plus interest.
"We are still reviewing the decision, but this is a matter we have disclosed for more than 10 years and we have contemplated this as a potential outcome in our reserving, although we do not have a provision for interest," a Travelers' spokesman said. The company estimated the interest at approximately $75 million, before taxes.
In afternoon trading, Travelers shares were down 4.3% at $91.15 amid gains in the broader equities market. With the decline, Travelers shares are up 0.7% in 2014.
One of the country's largest property-casualty insurers, Travelers often sets the tone for industry earnings that will be announced by its peers in the coming weeks. Analysts watch closely how it is maneuvering through a competitive price environment while low interest rates continue to put pressure on...
[Click here to see the rest of this post]
Click here to read the Court Decision In Re: Johns-Manville Corporation et al, decided 7/22/2014
Travelers Cos. reported an 18% decline in second-quarter operating profit as insurance claims from wind and hail storms eroded earnings, which were below analyst estimates and a catalyst for a sharp drop in the company's shares Tuesday.
Separately, the company was hit with an adverse ruling in a long-running case involving asbestos-related claims of more than $500 million tied to the insurer's coverage of Johns-Manville Corp. decades ago.
The U.S. Court of Appeals for the Second Circuit reversed a 2012 ruling by a lower court. The ruling by the federal appellate court in New York directed Travelers to make the $500 million payment, plus interest.
"We are still reviewing the decision, but this is a matter we have disclosed for more than 10 years and we have contemplated this as a potential outcome in our reserving, although we do not have a provision for interest," a Travelers' spokesman said. The company estimated the interest at approximately $75 million, before taxes.
In afternoon trading, Travelers shares were down 4.3% at $91.15 amid gains in the broader equities market. With the decline, Travelers shares are up 0.7% in 2014.
One of the country's largest property-casualty insurers, Travelers often sets the tone for industry earnings that will be announced by its peers in the coming weeks. Analysts watch closely how it is maneuvering through a competitive price environment while low interest rates continue to put pressure on...
[Click here to see the rest of this post]
Click here to read the Court Decision In Re: Johns-Manville Corporation et al, decided 7/22/2014
Saturday, June 28, 2014
New York City to provide lawyers for poor immigrants facing deportation
While some states have established restrictive procedures against immigrants not in status with US immigration laws, New York City has taken an opposite stance. Today's post is shared from jurist.com
New York lawmakers have approved funding for a program to provide lawyers to indigent residents facing deportation hearings. The New York Immigrant Family Unity Project [Bronx Defenders backgrounder] was created last year but was only funded at $500,000. Wednesday's vote by the New York City Council expands funding to $4.9 million [press release] to greatly expand the program. While defendants in the criminal justice system have the right to an attorney, there is no such right for individuals facing a complicated immigration legal system. This is the first program of its kind in the US [AP report]. Also this week, the New York Council approved a measure to provide identification cards [press release] to all city residents, including those in the country illegally.
In the absence of federal immigration reform, state governments have continued to enact various measures. Last week a Montana judge struck down [JURIST report] most of a voter-approved immigration law that required government officials to check the immigration status of anyone applying for state services. Earlier this month Florida Governor Rick Scott signed a law [JURIST report] allowing undocumented students to receive in-state tuition, joining 16 other states already allowing this. In March South Carolina announced...
[Click here to see the rest of this post]
New York lawmakers have approved funding for a program to provide lawyers to indigent residents facing deportation hearings. The New York Immigrant Family Unity Project [Bronx Defenders backgrounder] was created last year but was only funded at $500,000. Wednesday's vote by the New York City Council expands funding to $4.9 million [press release] to greatly expand the program. While defendants in the criminal justice system have the right to an attorney, there is no such right for individuals facing a complicated immigration legal system. This is the first program of its kind in the US [AP report]. Also this week, the New York Council approved a measure to provide identification cards [press release] to all city residents, including those in the country illegally.
In the absence of federal immigration reform, state governments have continued to enact various measures. Last week a Montana judge struck down [JURIST report] most of a voter-approved immigration law that required government officials to check the immigration status of anyone applying for state services. Earlier this month Florida Governor Rick Scott signed a law [JURIST report] allowing undocumented students to receive in-state tuition, joining 16 other states already allowing this. In March South Carolina announced...
[Click here to see the rest of this post]
Friday, June 27, 2014
Facebook Required to Turn Over User Information in Disability-Fraud Investigation
| Today's ppost was shared from http://online.wsj.com The Manhattan district attorney has won a legal battle against Facebook Inc. with a New York judge's ruling that the social network was required to turn over user information in a fraud investigation. When workers who filed for federal disability money were seen on Facebook looking perfectly healthy, the Manhattan district attorney received a search warrant from a judge to look more closely at the accounts. Facebook had attempted to quash the warrants for 381 user accounts on grounds that they were unconstitutional and in violation of Fourth Amendment protections against unreasonable searches and seizures. After reviewing the search-warrant application, the judge found "probable cause that evidence of criminality would be found within the subject Facebook accounts," and ordered Facebook to comply. “Due to the fungible nature of digital information, the ability of a user to delete information instantly and other possible consequences of disclosure, the court ordered the search warrants sealed and Facebook not to disclose the search and seizure to its users.”—Melissa C. Jackson, New York State Supreme Court Justice The district attorney's office said the case led to 134 indictments on more than $400 million in fraud, and that half the defendants have pleaded guilty. "This was a massive scheme involving as many as 1,000 people who defrauded the federal government," said Joan Vollero, spokeswoman for Manhattan District Attorney Cyrus Vance. "The defendants in this case repeatedly lied to the government about their mental, physical, and social capabilities. Their Facebook accounts told a different story," she said. The judge in the case said Facebook had no right to get in the way of the investigation. "Facebook could best be... |
[Click here to VIEW the documents in this case (NYTime)]
Tuesday, January 21, 2014
NY: Liability and workers compensation priority issues for Chamber of Commece
Today's post is shared from http://poststar.com/
Business leaders are advocating this session of the state Legislature for relief from a state law that holds contractors “absolutely liable” for workplace accidents, said Peter Aust, president and chief executive officer of Adirondack Regional Chamber of Commerce.
Business leaders want the Legislature to modify Section 240 and 241 of state labor law, known as the Absolute Liability Law, Aust said in a recent interview.
“It’s causing contractors’ insurance rates to go up, and that’s being passed on down to everybody whose doing a project -- whether it’s a housing project or a commercial project,” Aust said.
Business leaders also are seeking changes in workers compensation laws this session, he said.
“Reform measures in worker’s compensation have to happen ... or else we won’t see companies wanting to locate here,” he said.
[Click here to see the rest of this post]
Related articles
New York State is committed to improving outdated workers' compensation system (workers-compensation.blogspot.com)
The Workers' Compensation Nuclear Option: Detroit officially enters bankruptcy (workers-compensation.blogspot.com)
Oklahoma workers' compensation opt-out provisions spark judicial questions (workers-compensation.blogspot.com)
Save the date: June 18, 2014..... Hot Topics in Workers' Compensation Law (workers-compensation.blogspot.com)
Using Workers' Compensation Records for Safety and Health Research (workers-compensation.blogspot.com)
Why Injured Workers (and their lawyers) Should Care About Unemployment Compensation Changes (workers-compensation.blogspot.com)
Business leaders are advocating this session of the state Legislature for relief from a state law that holds contractors “absolutely liable” for workplace accidents, said Peter Aust, president and chief executive officer of Adirondack Regional Chamber of Commerce.
Business leaders want the Legislature to modify Section 240 and 241 of state labor law, known as the Absolute Liability Law, Aust said in a recent interview.
“It’s causing contractors’ insurance rates to go up, and that’s being passed on down to everybody whose doing a project -- whether it’s a housing project or a commercial project,” Aust said.
Business leaders also are seeking changes in workers compensation laws this session, he said.
“Reform measures in worker’s compensation have to happen ... or else we won’t see companies wanting to locate here,” he said.
[Click here to see the rest of this post]
Related articles
New York State is committed to improving outdated workers' compensation system (workers-compensation.blogspot.com)
The Workers' Compensation Nuclear Option: Detroit officially enters bankruptcy (workers-compensation.blogspot.com)
Oklahoma workers' compensation opt-out provisions spark judicial questions (workers-compensation.blogspot.com)
Save the date: June 18, 2014..... Hot Topics in Workers' Compensation Law (workers-compensation.blogspot.com)
Using Workers' Compensation Records for Safety and Health Research (workers-compensation.blogspot.com)
Why Injured Workers (and their lawyers) Should Care About Unemployment Compensation Changes (workers-compensation.blogspot.com)
Sunday, January 12, 2014
With N.F.L. Concussion Deal, Two Tiers of Payouts
Court settlements are by nature compromises, and compromises are often messy. The proposed settlement of the lawsuits brought by more than 4,500 former N.F.L. players who contended that the league hid from them the dangers of concussions is no exception.
The N.F.L. agreed last summer to pay $765 million for medical monitoring and potential payments to those with significant illnesses, but it wanted all 18,000 or so retired players, not just those who sued, to be included in the deal.
By expanding the number of players who could benefit, the N.F.L. would help more former players. But anyone who agrees to the settlement will give up the right to sue the league, so the N.F.L. would also largely inoculate itself from further costly and embarrassing suits.
Yet one of the consequences of this structure is that it creates two tiers of retired players: those who sued the league and must pay their lawyers a percentage of any cash awards, and those who never sued the league but are eligible to receive money without paying legal fees. In effect, the players who took the initiative to sue and helped push the league to settle will be penalized. That structure irks some retired players, like Frank Sutton, who played one season as a Giants tackle.
“I believe in equity, and I believe in being involved in something and being held to...
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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... |
Saturday, January 4, 2014
New York State Is Set to Loosen Marijuana Laws
Changes in the delivery of medications in workers' compensation has become a hot issue recently. While employers and insurance companies attempt to restrict maintenance medications for pain especially, the use of medical marijuana is becoming widely adopted, and in Colorado it has been adopted for recreational use. See also the The Complex World of Workers' Compensation and Pharmaceutical Benefits. Today's post is shared from the nytimes.com.
ALBANY — Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of New York plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say.  Mr. Cuomo’s plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allow just 20 hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health. While Mr. Cuomo’s measure falls well short of full legalization, it nonetheless moves New York,... |
Thursday, December 26, 2013
Bloomberg Public Health Legacy Lauded In NYC
Michael Bloomberg steered New York City through economic recession, a catastrophic hurricane and the aftermath of 9/11, but he may always be remembered, accurately or not, as the mayor who wanted to ban the Big Gulp. After 12 years, Bloomberg leaves office Dec. 31 with a unique record as a public health crusader who attacked cigarettes, artery-clogging fats and big sugary drinks with as much zeal as most mayors go after crack dens and graffiti. And while Bloomberg's audacious initiatives weren't uniformly successful, often leading to court challenges and criticisms he was turning New York into a "nanny state," experts say they helped reshape just how far a city government can go to protect people from an unhealthy lifestyle. "He has been a transformative leader," said Dr. Linda Fried, dean of Columbia University's school of public health. "He has created a model for how to improve a city's health." Coming into office as a billionaire businessman who made his fortune selling data to Wall Street, Bloomberg was accustomed to using hard, cold research to drive decisions, and it was an approach he used effectively on matters of public health. Bloomberg pushed to ban smoking in indoor public spaces and prohibit cigarette sales to anyone under 21. He got artificial trans-fat banned from restaurant food — an action that led fast food giants like McDonald's and Dunkin Donuts to change their recipes rather than lose access to the... |
Tuesday, December 24, 2013
Beating Back Pain
Two months ago, I stepped into a shower in a hotel room in Baton Rouge, La., and felt a slight twinge in my back. I didn’t pay it much mind. I’ve experienced twinges from time to time, but for more than 25 years, I have been essentially free of back pain. As you’ve probably guessed, that twinge didn’t go away. Instead, it got worse. It lodged in my lower back, and I could feel the sciatica all the way down to my knee. Within a week, I couldn’t walk more than 100 yards without severe pain. Among other things, I was embarrassed. In 1987, I wrote an article in New York magazine called “Ah, My Non-Aching Back,” about how I’d found relief through a doctor named John E. Sarno. By the time I saw Dr. Sarno, I had spent a year in relentless pain, visiting orthopedists and chiropractors, osteopaths and acupuncturists, trying yoga, physical therapy and bed rest, all to no avail. Dr. Sarno’s treatment was essentially a talking cure. His theory, stated simply, is that back pain develops as a way of unconsciously shifting attention away from uncomfortable feelings such as anger and anxiety. With rare exceptions, Dr. Sarno believes, back pain has no structural basis. Rather, it is almost always a consequence of muscle spasm that prompts pain, which leads to fear, and then more spasm, and eventually creates a vicious cycle of pain. He named the condition tension myositis syndrome. My prescription was to... |
Sunday, December 22, 2013
Having a Servant Is Not a Right
AT the heart of the fracas surrounding the arrest of an Indian diplomat in New York who promised to pay her housekeeper $9.75 per hour, in compliance with United States labor rules, but instead paid her $3.31 per hour, is India’s dirty secret: One segment of the Indian population routinely exploits another, and the country’s labor laws allow gross mistreatment of domestic workers.
India is furious that the diplomat, Devyani Khobragade, was strip-searched and kept in a cell in New York with criminals. Retaliation from the newly assertive but otherwise bureaucracy-ridden nation was swift. American diplomats were stripped of identity cards granting them diplomatic benefits, and security barriers surrounding the American Embassy in New Delhi were hauled away. A former finance minister suggested that India respond by arresting same-sex partners of American diplomats, since the Indian Supreme Court recently upheld a section of a Colonial-era law that criminalizes homosexuality.
Notwithstanding legitimate Indian concerns about whether American marshals used correct protocol in the way they treated a diplomat, the truth is that India is party to an exploitative system that needs to be scrutinized.
I grew up in a middle-class household in India in the ’80s; my parents were schoolteachers, and our lifestyle was not lavish by any means. I received new clothes once a year; I don’t recall ever going to a restaurant; our family couldn’t afford a car, so we...
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Saturday, December 14, 2013
New York Data Show Hospital Charges All Over The Map
New York State has pulled back the curtain on hospital charges with a new database showing what each hospital charges for 1,400 different procedures.
The differences can be dramatic: At Bellevue Hospital, the median charge for an uncomplicated birth is $6,330, and at NYU Langone Medical Center next door, the median charge is $12,222. Lutheran Medical Center in Sunset Park, Brooklyn, typically charges $5,686 and Maimonides Medical Center, a dozen miles away, $14,763.  But those factors do not account for why at Westchester Medical Center, the median charge for a vaginal delivery is $22,143, and at New York Presbyterian Weill Cornell Medical Center, it is $11,900. The Greater New Hospital Association said the information is “complex and can be confusing,” because “hospital charges do not reflect the far lower payments hospitals actually receive for the services they provide.” Medicare and Medicaid reimburse much less than what hospitals charge, and insurers and managed care companies also negotiate rates that have little to do with what hospitals ask to be paid. People without insurance, however, are subject to these sticker prices. In practice, hospitals typically... |
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