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Showing posts with label Services. Show all posts
Showing posts with label Services. Show all posts

Saturday, November 16, 2013

Workers at 9/11 site get workers’ compensation and disability extension

Today's post was from nysaflcio.org

Workers at 9/11 site get workers’ compensation and disability extension
Workers at 9/11 site get workers’ compensation and disability extension
The re-opener of workers’ compensation and disability retirement registry for workers at 9/11 Site (A7803A -Abbate / S5759A -Golden) has been signed into law and is Chapter 489 of the Laws of 2013.
This bill reopens the registry for workers’ compensation and disability pension for those who were at or near the ground zero after the 9/11 terrorist attack. The new open period will extend through September 11, 2014. If eligible, workers who are on the registry will be presumed to have contracted certain illnesses that manifest themselves later in life as a result of their work at or near the site during that time period. The bill also addresses a shortfall in the law that prohibited vested members of a retirement system who worked at the site during the time in question but who subsequently left service, from being eligible for the registry.
The NYS AFL-CIO will continue to work with affiliates to spread the word and encourage any members or other workers who may be eligible for to register to do so prior to the new expiration date of September 14, 2014.
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Saturday, October 26, 2013

Florida Upholds Low Counsel Fees

$164.54 for 107.2 hours of legal work

"Constrained by the statutory formula set forth in section 440.34(1), Florida
Statutes (2009), the judge of compensation claims awarded claimant’s counsel an
attorney’s fee of only $164.54 for 107.2 hours of legal work reasonably necessary
to secure the claimant’s workers’ compensation benefits. We do not disagree with
the learned judge of compensation claims that the statute required this result, and
are ourselves bound by precedent to uphold the award, however inadequate it may
be as a practical matter. "
*****
"In the circumstances, we certify to the Florida Supreme Court the following as a question of great public importance:
WHETHER THE AWARD OF ATTORNEY’S FEES IN
THIS CASE IS ADEQUATE, AND CONSISTENT
WITH THE ACCESS TO COURTS, DUE PROCESS,
EQUAL PROTECTION, AND OTHER
REQUIREMENTS OF THE FLORIDA AND
FEDERAL CONSTITUTIONS.

The fee award is affirmed, and the question of its constitutional adequacy is
certified to the supreme court. "


MARVIN CASTELLANOS, 
Appellant, 
v. 
NEXT DOOR COMPANY/ 
AMERISURE INSURANCE 
CO., 
Appellees. (Filed Oct. 23, 2013)

Friday, October 25, 2013

mHealth: A Potential Player for Workers' Compensation

Delivery of workers' compensation medical care is one of the most costly items on the landscape  of the social, remedial program. A recent article in the AMA Journal raises doubts that the delivery of medical care  utilizing electronic mobile technology will be an advantageous solution to spiraling costs.

"mHealth technologies have the potential to change every aspect of the health care environment and to do so while delivering better outcomes and substantially lowering costs. For consumers, mHealth offers the promise of improved convenience, more active engagement in their care, and greater personalization. For clinicians, mHealth could lead to reduced demands on their time and permit them to instead refocus on the art of medicine. Much remains to be done to drive this transformation. Most critically needed is real-world clinical trial evidence to provide a roadmap for implementation that confirms its benefits to consumers, clinicians, and payers alike."

Click here to read the entire article appearing in the AMA Journal

Tuesday, October 22, 2013

DePaolo's Work Comp World: Genetic Testing?!

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com

The reason lawmakers and regulators create rules that seem onerous and ponderous to the vast majority of us is because there are "outliers" that ruin it for everyone else because of indescribably selfish behavior.
There's always someone taking a new angle to take advantage of the liberal rules of workers' compensation for their own profit regardless of the social consequences. This seems particularly acute in California, but nevertheless occurs in other jurisdictions too.
Recently posted in the WorkCompCentral Forums was an inquiry as to whether anyone else in the community is starting to see bills for unsolicited services related to genetic testing for drug addition predisposition.
The author of the post, an attorney for the employer/carrier, says that the case in question had been settled. In preparing the settlement documents a review of California's Electronic Adjudication Management System database was conducted to identify all parties. Nearly all lien claims had been settled, but one remained stubbornly immovable (and I'm not even clear that the parties were ever properly served and/or noticed of this particular vendor until the end of the case).
For this one particular lien the claim file notes apparently show a request for billing and report after discovery of the vendor in the EAMS search. The carrier got fax copies of a bill and report with a demand for payment.
The bill was for $3,626.00 for the genetic testing.
According to the post, the initial report, based on an...
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Sunday, October 20, 2013

FEHA Ain't Work Comp

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com

Whether one is an employee is always an interesting question in workers' compensation.
Many employers, and workers for that matter, erroneously believe that if they are designated as an independent contractor for tax purposes, receiving a 1099 report on their wages, that they are not employees for workers' compensation matters. This is a relatively common occurrence.
But the issue can arise in other contexts, and a recent California case highlights this paradox.
Sierra Madre is a small city in the north-east sector of Los Angeles County.
Kailyn Enriquez applied for a position as a firefighter for the Sierra Madre Fire Department in October 2007. The city selected her to work as a probationary volunteer firefighter the following January.
The city hires and fires volunteer firefighters, sets the rules and regulations for their work, requires them to work specific shifts and to arrive on time and requires them to report to supervisors and to work within the framework of the SMFD. Volunteer firefighters also receive training and workers' compensation coverage.
The city pays volunteer firefighters a stipend of $1 per day, every 90 days, and also pays the volunteers $33 per day if they are "hired out" to other agencies.
On April 10, 2008, Enriquez began the background check procedure required for employment by the Sierra Madre Police Department.
Four months later, the SMFD issued her a disciplinary notice stating that she was "[d]ishonest," "[d]isobedient" and had taken actions that...
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Thursday, October 17, 2013

Goleta California: Workers' Comp Office Closing

The workers’ compensation office in Goleta — the only one in the county and open since 1999 — is being closed on November 30 with all of its clients and employees transferred to the Oxnard branch. The state’s Department of Industrial Relations (DIR) announced the decision last month.

Decrying the lack of public outreach, the Goleta City Council voted unanimously Tuesday to send a letter to the department opposing the closure and requesting it be postponed until people can weigh in. “It’s really going to be troublesome,” Mayor Roger Aceves said.

“We regret any inconvenience,” said DIR spokesperson Peter Melton. “Because [Oxnard is] less than an hour away, the decision was made to merge the offices.” Melton added that the closure is mainly due to the building’s monthly rent — more than $20,000 — and the increased space at the Oxnard office. He added that the Goleta branch — the only one closing right now — is one of the smallest out of the state’s 24, with only one judge and 1,254 hearing requests so far this year.

Aceves said he hopes the letter results in a public hearing or perhaps a compromise in which cases are held in Goleta a couple of days per week.

There is no word on whether other cities in the county plan on taking similar action. Employees at the Goleta office said they couldn’t comment on the closure.
Megan Compton, an attorney for the Santa...
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Tuesday, October 1, 2013

IMR: What Was The California Legislature Thinking?

Today's post is authored by David DePaolo, a national leading commentator on workers' compensation with special expertise in the California system, and shared from http://daviddepaolo.blogspot.com. The Independent Medical Review system was theoretically contrived to contain cost and make the California system friendlier and more expeditious. Quickly enacted, without full debate and comments from stakeholders, the system has become stymied and yet another hurtle in the system. Read David' thoughtful analysis.......

The debate about the big volume of Independent Medical Review requests in California's new system that were recently reported is all over the map.

Some say that the provider, Maximus, is at fault and many support the Division of Workers' Compensation's proposal for new time lines and penalties for various actions and/or inactions.
There's also plenty of blame slinging going on with employer representatives accusing the applicant attorneys, applicant attorneys implicating carriers/administrators, and everyone else pointing fingers at each other.

But Steven Cardinale, co-founder and Managing Director of CID Management, a Utilization Review company, put it best to me in an email when he said, "SB 863 was conceived in such a way as to assure the overuse of IMR."

I have to agree with Mr. Cardinale - none of the participants in the California system is really to blame for the huge volume going to IMR because the law essentially guaranteed that this would...
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Bill Creating Clear Guidelines in Dispensing of Opiod Medications Introduced in New Jersey Senate

The post today is authored by John H. Geaney, Esq. of the NJ Bar, and is shared via njworkerscompblog.com

Opioid medications have become a major problem in the New Jersey workers’ compensation system.  The number of workers being prescribed opioids has increased dramatically along with other attendant problems, such as addictions to the medications, excessive periods of use, and large numbers of unused opioid pills due to over-prescribing. 

Every workers’ compensation professional can attest to these and other problems with opioid medications, not to mention cases where urine testing shows no trace of opioids in the system despite repeated renewals of opioid prescriptions.

On September 30, 2013, Senator Raymond Lesniak and Senator Stephen Sweeney introduced a bill in the New Jersey Senate proposing that medical expenses shall not include coverage of opioid drugs unless the prescribing doctor does the following:

1) takes a thorough medical history and physical examination focusing on the cause of the patient’s pain;

2) does a complete assessment of the potential addiction of the patient to opioids, which would include a baseline urine test and assessment of past and current depression, anxiety disorders and other mood disorders associated with risk of opioid abuse;

3) provides a written treatment plan with measurable objectives, a list of all medications being taken and dosages, a justification for the continued use of opioid...
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Thursday, September 26, 2013

NJ Workers' Compensation Maximum Rate Rising in 2014

The maximum NJ Workers' Compensation is proposed to rise to $843.00 per week in 2014.  The rate is based upon the State's Average Weekly Wage (SAWW). The rate applies to temporary disability, permanent disability, permanent total, permanent partial total, and dependency benefits.
The rate for 2013 is $826.00.

NJAC 12:235-1.6 (September 3, 2013)
2013 NJ REG TEXT 335666

Monday, January 16, 2012

Workers Injury Rights Blog Launched

The Workers' Injury Rights blog has been launched by the Law Office of Deborah G. Kohl of Fall RIver, Massachusetts. Attorney Deborah G. Kohl has focused her professional energies on workers’ compensation and disability law through her nearly 30 years in practice. 

Attorney Kohl stated, "We started this blog because we are passionate about workers' compensation and workers' rights. It is a way to share some of what we've learned in our decades of legal experience with anyone concerned about workplace safety."

She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America.

The lead article of the blog is entitled, "Workers' Compensation is all about Relationships," by Ryan Benharris. Mr. Benharrus stated, "Prevention of accidents should be the first step in establishing a successful workers’ compensation system."

Click here to visit: Workers' Injury Rights

Monday, January 9, 2012

On-Star To Predict Type & Extent of injuries

English: Logo of General Motors Corporation. S...Image via WikipediaWorkers' Compensation is all about the results of injuries and new technologies may assist in evaluating claims and expediting treatment and awards. On-Star, the integrated system of General Motors (GM) that provides immediate reporting of accidents has announced that it will taking the next in the future. It will integrate the reporting system with data from the Centers for Disease Control and provide prediction data on the type and extend of injuries. 

Expanding internationally, Shanghai OnStar Telematics Service Co., Ltd will officially provide vehicle safety telematics service for the vehicles manufactured and sold by SGM in China. These services will include the Crash Automatic Resort Service, Emergency Rescue, Remote Door Unlock, Turn-By-Turn Navigation and Vehicle Condition Reports, etc.

Click here to read more:  GM OnStar will initiate the service of “Injury Prediction”
"The president of the OnStar claimed that: “the Injury Prediction service is a good substitution to the injury description by the vehicle owner who is injured seriously. This technology plays a part of virtual witness in the accident site. What is even more surprising is that the traffic accident and injury information acquired by this service is far more accurate than what is dictated by the witness. It is said that OnStar is going to officially provide this service from next year."
.....
For over 3 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.

Friday, December 9, 2011

The Times They Are Changing

This year fall athletics have seem to be taking center field reflecting the problems of an inadequate workers' compensation system. The issues of safety, compensatibility, venue, benefit rates and medical care, are symptoms of a greater problem and are becoming a catalyst for change.

Today, David DePaolo, the President & CEO of WorkCompCentral, has editorialized of the lack of the ability of the workers' compensation system to meet present needs is now a major concern and that generally workers' compensation is just no longer relevant.

Click here to read his recent post: Professional Sports and the Relevancy of Comp
"I see all of this as evidence that things are changing, and that the pace of change is quickening. Obviously such things don't change overnight, but I would wager that the work comp world is going to be a much different landscape in 20 years, or even 10."

Related articles

Monday, September 12, 2011

Workers Compensation Do It Yourselfers Get Help

Workers Compensation claims can be complicated and difficult so some states offer assistance to those who want to handle their own cases. Minnesota is the latest in a series of jurisdictions to offer assistance to both injured workers and employers.

The Department of Labor and Industry (DLI) has established a new Office of Workers' Compensation Ombudsman to provide advice and assistance to employees and small businesses.

"Our goal is to help injured workers and small businesses who are having problems navigating the workers' compensation system," said Ken Peterson, DLI commissioner. "The ombudsman will complement the other services provided by our agency's Safety and Workers' Compensation Division and will be an additional resource for parties who need in-depth help in resolving problems they encounter in the workers' compensation system."

Various stakeholders have long sought an ombudsman function to help injured workers who are often at a disadvantage because they know very little about how the sometimes complex benefit entitlement system works in workers' compensation. In February 2009, after studying DLI's oversight of workers' compensation, the Minnesota Office of the Legislative Auditor issued a report that encouraged the establishment of an ombudsman function to "help those injured workers who are overwhelmed with the workers' compensation process."

The ombudsman assists injured workers by:
  • providing advice and information to help them protect their rights and to pursue a claim;
  • contacting claims adjusters and other parties to help resolve disputes;
  • assisting in preparing for settlement negotiations or mediation; and
  • making appropriate referrals to other agencies or entities when further resources are needed.

The ombudsman assists small businesses by:
  • providing information regarding what to do when an employee reports an injury;
  • directing them to appropriate resources for assistance in obtaining and resolving issues regarding workers' compensation insurance; and
  • responding to questions pertaining to employers' responsibilities under Minnesota's workers' compensation law.
Hopefully more states will recognize that their to assist employees and employers in what has become a very complicated process. The Minnesotta effort will go along way to relieve stress and anxiety for everyone involved in the process.

For over 3 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.


Thursday, May 26, 2011

Driving Home From A Conference Held to Be Compensable

The employee's travel which resulted in his fatal injuries while he was driving from home in a vehicle furnished by his employer to an overnight conference outside his normal work area at the employer's request, was held to be compensable for workers' compensation purposes. The travels originated in, and furthered, the business of his employer and, thus, occurred "in course of employment." Even though the accident occurred on the way to pick up a coworker who had the same job as the employee and was also required to attend the same conference, death benefits were payable.

"As previously noted, an employee's travel between home and work furthers the affairs of the employer (the second element of the course and scope definition) because it makes employment possible. Thus, the propriety of summary judgment hinges on the definition's first element—whether the travel originated in the employer's business. There is no bright-line rule for determining whether employee travel originated in the employer's business. Rather, each situation is necessarily dependent on the facts. As a general rule, an employee's travel originates in his employer's business if the travel was pursuant to the express or implied requirements of the employment contract. This reflects the underlying policy goal of allocating to the employer and insurance carrier the risks inherent in an employee's job while leaving to the employee risks that are “shared by society as a whole and do not arise as a result of the work of the employer.” When the employer requires the employee to travel as part of its business—i.e., pursuant to the contract of employment—the risk of traveling stems from that business and properly can be said to arise as a result of the employer's business." [Cites omitted]

Zurich American Ins. Co. v McVey, No. 03–09–00666–CV, 2011 WL 1238657 )Tex. App. - Austin, 2011) Decided March 30, 2011.

For over 3 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.

Related articles

Saturday, February 26, 2011

Using the Forbidden Words-Texas Workers Compensation

The Texas Workers Compensation Agency has sent a cease-and-desist letter to to the author of the Texas Workers Compensation Law Blog requesting that he stop using the term(s), "Texas Workers Compensation" in his blog. The Lubbock, Texas workers compensation lawyer has filed a lawsuit in federal court alleging violation of his First Amendment rights have been violated.


The Texas Labor Code s 419.002 prohibits  “any impersonation, advertisement, solicitation, business name, business activity, document, product or service.” The Texas blog author, who has sought declaratory relief,  has alleged that the statute is overly broad and violates his Right to Free Speech. The blogger is certified in Workers' Compensation Law from the Texas Board of Legal Specialization.

Tuesday, February 8, 2011

Facebook Becomes a Questionable Friend of Workers Compensation

Social networking’s popularity has become a two-edged sword as a tool in the management, investigation, and disposition of workers’ compensation claims. Over the last several years there has been an exponential explosion in the use of this technology on the Internet. The challenge to properly access and effectively utilize the electronically stored information [ESI] is resulting in procedural and ethical ramifications for the workers’ compensation community.


Complete article appears as a guest blog on: PropertyCasualty360

Monday, November 22, 2010

Iowa Workers' Compensation Commissioner Tells Congress AMA Guides Are Objectionable

The Commissioner of the Iowa Division of Workers' Compensation, Christopher James Godfrey, recently testified before Congress that AMA Guides 6 Ed. were problematic. The Commissioner cited the 2008 Iowa Task Force report that found multiple errors and cultural bais in the AMA Guides.

An additional objection made was that the Guides were in conflict with both Iowa statutory and case law. The Commissioner stated, "With all due respect to Dr. Brigham, the Iowa Workers’ Compensation system will evolve and improve when it is decided by the citizens of Iowa that it will evolve and improve. The system will not evolve at the whim or business opportunity of either one physician, one medical association, or a small consensus of the two."


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Tuesday, November 16, 2010

CMS Extends Interim Dollar Reporting Threshold Date

II. Extension of Current Dollar Thresholds for Liability Insurance
(Including Self-Insurance) and Workers’ Compensation

The interim dollar reporting thresholds set forth in Section 11.4 of version 3.1 of the MMSEA 111 Liability Insurance (Including Self-Insurance), No-Fault, and Workers’ Compensation User Guide have all been extended by one calendar year.

Under Section 11.4, “Workers’ Compensation ORM”, the date 12/31/2011 is changed to 12/31/2012.
Under Section 11.4, “Liability Insurance and Workers’ Compensation TPOC Amounts”, the last four bullets are revised to read:
• Claim reports where the last (most recent) TPOC Date is prior to January 1, 2013 with TPOC Amounts totaling $0.00 - $5,000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2013 with a total TPOC amount less than or equal to $5000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2013 through December 31, 2013 with TPOC Amounts totaling $0.00 - $2000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2014 with a total TPOC amount less than or equal to $2000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2014 through December 31, 2014, with TPOC Amounts totaling $0.00 - $600.00 are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2015 with a total TPOC amount less than or equal to $600.00 will be rejected.
• No threshold applies to claims where the last (most recent) TPOC Date is January 1, 2015 and subsequent.

November 09, 2010
Medicare Secondary Payer Mandatory Reporting Provisions in
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007
(See 42 U.S.C. 1395y(b)(7)&(b)(8))