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| FL New Case Filings Decrease |
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Showing posts with label United State. Show all posts
Showing posts with label United State. Show all posts
Thursday, December 12, 2013
Florida New Case Filings Continue To Go South
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Wednesday, December 4, 2013
Constitutional Challenges New and Old, From Florida to Oklahoma
Today's post highlights the slow and tedious battle a contitutional challenge is to a workers' compensation issue. It is shared from flojcc.blogspot.com.
There is a value to consistency and predictability in the law. Attorneys rely upon the decisions of courts to form opinions about their cases. Attorneys with a clear understanding of their state's statutes, and the interpretations which appellate courts will apply to them, are in an admirable position to provide their clients with predictions and advice regarding their specific case and its issues. In Florida, this can take time. Sometimes such specifics can take many years. In 1993, the Florida Legislature made significant changes to the Florida Workers' Compensation law. Among these was a marked reduction in the quantum of temporary total disability benefits available, from 260 weeks to to 104 weeks. A panel of the Florida First District Court of Appeal ("First DCA") concluded on February 28, 2013 that this statutory change was Unconstitutional. Westphal v. St. Petersburg. (1D12-3563)On September 23, 2013, the Court granted en banc review. This means that the entire First DCA reconsidered the case and issued a new opinion. In this second iteration, a majority of the Court concluded that the 104 week limitation on temporary total disability (TTD) did apply to the claimant, Mr. Westphal. The en banc decision did not find Constitutional infirmity in the statute, as the panel had months earlier....
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Monday, November 25, 2013
November 22: Clara Lemlich
Clara Lemlich made a spontaneous speech at Cooper Union on this date in 1909 that sparked the “Uprising of the 20,000,” an industry-wide strike mobilized by the new International Ladies Garment Workers Union.
“I want to say a few words!” shouted Lemlich, a 23-year-old garment worker (usually described as 19), following AFL leader Samuel Gompers’ speech. She was a member of the ILGWU’s executive board and had been arrested seventeen times, with broken ribs to show for it. “I have no further patience for talk,” she said upon reaching the podium, “as I am one of those who feels and suffers from the things pictured. I move that we go on a general strike . . . now!” The strike lasted until February and was met with constant violence, but at its end the union had increased its membership from thehundreds to some twenty thousand, and most of the major sweatshop owners had signed union contracts — except for the Triangle Shirtwaist Company. Lemlich remained an activist throughout her life until her death in 1982 at 96. (For a brief Jewish Currents interview with Clara Lemlich in the year of her death, visit our archive and scan down to “L.”)
“If I turn traitor to the cause I now pledge, may this hand wither from the arm I now raise.” —Traditional Yiddish oath, led in recitation by Clara Lemlich after the strike resolution passed
The Jewish Currents Pushcart now carries a...
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Wednesday, November 20, 2013
Drug overdose deaths have quadrupled since 1980
Since 1980, the number of us who die of drug overdoses has quadrupled. Most of these deaths now result from prescription drugs, especially painkillers. “The dichotomy between good drugs prescribed by doctors and bad drugs sold on the street is just bad science,” one doctor told The New York Times a couple of years back.
The really upsetting maps above show this change over the decade that ended in 2009. Appalachia and New Mexico, as popular culture would lead you to expect, were particularly bad areas for drug fatalities fifteen years ago, but now, the problem is clearly a national one. “What other people had been saying was that this was predominantly a rural problem of drug poisoning,” Lauren Rossen, one of the people who put together this analysis, told me. “We were somewhat surprised to find that drug poisoning death rates were actually highest in metropolitan areas.” Exceptions are the state of New York and a narrow band running through the center of the contiguous states, from North Dakota to Texas. Click “Know More” to read more about this troubling trend. |
Friday, November 15, 2013
Bill aims to protect workers wrongly labeled as independent contractors
The hunt for cheap labor has led to a rash of payroll fraud by companies scraping for any advantage in a sputtering economy, lawmakers say.
As a result, they say, American taxpayers are cheated out of millions, workers are underpaid and the injured are denied workers compensation. Lawmakers on Capitol Hill introduced legislation Tuesday, in conjunction with a Senate hearing, in an effort to curtail what they say has become a widespread practice that hurts not only workers but also law-abiding companies that can’t compete with the bad actors. The issue is common in fields such as those for janitors, homecare workers and cable installers. But it’s especially prevalent in the construction industry, where a company can save as much as 30 percent of its costs by wrongfully reporting its workers as independent contractors instead of employees. The practice is known as misclassification. In the most basic terms, if the employer is directing the worker, including setting his or her schedule, telling the worker what to do, when to do it and how to do it, the worker should be listed as an employee, according to federal rules. By listing workers as independent contractors, companies can avoid paying insurance, taxes and overtime. It also shields companies from responsibilities of having to protect those working for them. Matt Anderson of Ira Township, Mich., needs only to look at his left hand to see the potential... |
Thursday, November 7, 2013
New WCMSA Reference Guide is Now Available
An updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide is now available in the Downloads section found at the bottom of this page. This version documents the current WCMSA review process and provides more detailed information on the actions performed by the Workers’ Compensation Recovery Contractor (WCRC).
CMS is currently working on additional enhancements to the WCMSA process. Stakeholders will be notified of these proposed changes prior to implementation. Please continue to monitor the WCMSA website for updates.
The following sections of the Guide have been enhanced or added:
- 9.4.1.1 – Most Frequent Reasons for Development Requests: The five most common omissions as provided by the WCRC.
- 9.4.2 – WCRC Team Background and Resources Used: The expertise of the WCRC reviewers as well as the resources used when reviewing a WCMSA.
- 9.4.3 – WCRC Review Considerations: Examples of the questions and factors that guide the WCRC’s review of WCMSA proposals. The overarching guidelines used in treatment allocations and pricing is also provided.
- 9.4.4 – Medical Review: A diagram and steps the WCRC follows in its medical review process with a general explanation of documentation requirements.
- 9.4.5 – Medical Review Guidelines: Considerations and examples in specific medical cases and topics.
- 9.4.6.1 – Prescription Drug Review: Details the process the WCRC follows in reviewing prescription medication allocations and the resources that may be used.
- 9.4.6.2 – Pharmacy Guidelines and Conditions: Discusses specific drug usage and pricing considerations.
- 10.1.8 – Pay history added to list of information needed for WCMSA submission.
Saturday, November 2, 2013
Are Caregivers Healthier?
The idea that caring for a chronically ailing or disabled family member might be good for you is so startling, so counterintuitive, that it sends researchers rummaging through their data to see where they went wrong.
“There are hundreds of studies about how caregiving is stressful and bad for your health,” said David Roth. As director of the Johns Hopkins Center on Aging and Health, and someone who has spent 15 years compiling caregiving data, he has probably read most of them. But his recent study in The American Journal of Epidemiology is the most recent to lend support to an emerging counter perspective, dubbed the “healthy caregiver hypothesis.” Inserting a few key questions into a large national stroke study, his team was able to compare about 3,500 family caregivers older than 45 with noncaregivers of the same age, gender, education level and self-reported health. The researchers also matched caregivers and noncaregivers for cognitive status and for health behaviors like smoking and drinking — 15 variables in all. The caregivers included spouses (about 22 percent of the 3,500 followed), adult children caring for parents (about a third), and people caring for other family members. After an average six-year follow-up, he and his colleagues found that the noncaregivers had significantly higher mortality rates. Nine percent of them had died, compared with 7.5 percent of caregivers, who were 18 percent less likely to die during the six-year... |
Friday, November 1, 2013
Aging Activities: Managing someone else’s money
As America's workforce ages new concerns are emerging for the growing aging population. From time to time we will be focussing on Aging Activities and issues, by providing information and commentary. Today's post is shared from consumerfinance.gov
Millions of Americans are managing money or property for a loved one who is unable to pay bills or make financial decisions. This can be very overwhelming. But, it’s also a great opportunity to help someone you care about, and protect them from scams and fraud. We are releasing four easy-to-understand booklets to help financial caregivers. The Managing Someone Else’s Money guides are for agents under powers of attorney, court-appointed guardians, trustees, and government fiduciaries (Social Security representative payees and VA fiduciaries.) The guides help you to be a financial caregiver in three ways:
We’re working hard to empower older Americans to have a secure financial future. Sometimes family members, caregivers and others in the community must pitch in. We’re here to help you, too. 4 Comments » | Categories: Featured | Fraud | Older Americans | Scams |
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)
"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)
Saturday, October 19, 2013
On Strike: BART train kills 2 workers near San Francisco
Safety is a concern even if a labor dispute leads to a strike. Workers' Compensation covers all work connected events if the arise out of the employment. This post is shared from CNN.org
An out-of-service Bay Area Rapid Transit train struck and killed two workers on a section of track northeast of San Francisco on Saturday afternoon, the transit authority said.
[Click here to see the rest of this post]
Friday, October 11, 2013
AIG Facing Lawsuit for Fraud
Today's post is shared from Courthousenews.com.
American International Group for nearly 40 years has been underreporting workers' compensation premiums, causing insured employers to pay improperly inflated state insurance surcharges, three federal classes claim.
The coordinated suits were filed this week in San Francisco, Manhattan and Newarkagainst AIG and its subsidiaries and affiliates. AIG is accused of unfair business practices, fraud, unjust enrichment and violations of federal anti-racketeering law.
The California complaint, filed by Franjo Inc. and DMS Facility Services Inc., says it all began in the 1970s when AIG "devised, implemented, participated in, and carried out nationwide schemes - later characterized by AIG's own general counsel as 'permeated with illegality' - to miscategorize, falsely report, and falsely book the AIG companies' [workers' compensation] premium as other premium (for example, as 'general liability' premium), in order to reduce defendants' expenses, inflate their profits, and unjustly enrich themselves at the expense of plaintiffs and the class." (Parentheses in original.)
AIG allegedly falsified certified annual financial reports that underreported workers' compensation (WC) figures to evade its equitable shares of financial responsibility for state-levied taxes and assessments. It caused state insurance regulators, through no fault of their own, to assess artificially inflated fees on insured employers, according to the complaint.
Click here to read the entire article.
American International Group for nearly 40 years has been underreporting workers' compensation premiums, causing insured employers to pay improperly inflated state insurance surcharges, three federal classes claim.
The coordinated suits were filed this week in San Francisco, Manhattan and Newarkagainst AIG and its subsidiaries and affiliates. AIG is accused of unfair business practices, fraud, unjust enrichment and violations of federal anti-racketeering law.
The California complaint, filed by Franjo Inc. and DMS Facility Services Inc., says it all began in the 1970s when AIG "devised, implemented, participated in, and carried out nationwide schemes - later characterized by AIG's own general counsel as 'permeated with illegality' - to miscategorize, falsely report, and falsely book the AIG companies' [workers' compensation] premium as other premium (for example, as 'general liability' premium), in order to reduce defendants' expenses, inflate their profits, and unjustly enrich themselves at the expense of plaintiffs and the class." (Parentheses in original.)
AIG allegedly falsified certified annual financial reports that underreported workers' compensation (WC) figures to evade its equitable shares of financial responsibility for state-levied taxes and assessments. It caused state insurance regulators, through no fault of their own, to assess artificially inflated fees on insured employers, according to the complaint.
Click here to read the entire article.
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