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Showing posts with label workers' compensation. Show all posts
Showing posts with label workers' compensation. Show all posts

Monday, March 21, 2016

OSHA: 50% of Employers Not Reporting Serious Injuries



Some employers are not reporting severe work-related injuries according to the US Occupational Safety and Health Administration (OSHA). Over 50% or more are not being reported. 

Garlock reaches $480 Million settlement on asbestos claims


Garlock plans to emerge from bankruptcy and establish a trust in the amount of $480 Million to pay asbestos claimants and their families. Garlock a member of the EnPro Industries consortium had made asbestos gaskets.Asbestos is a known carcinogen and causally connected with lung cancer, mesothelioma and other malignancies as well as asbestosis.

Friday, March 4, 2016

The National Association of Workers’ Compensation Judiciary March 2016 Newsletter

I strongly urge you to read The National Association of Workers’ Compensation Judiciary March 2016 Newsletter for cutting edge information concerning national workers' compensation issues.

Thursday, November 12, 2015

Emerging Concepts for Future Workers' Compensation Benefits: Portability Now

Workers' Compensation as a benefit program is beginning to evolve under the concept of "The Shared Economy." Attacked from within and without, challenged by abuse and fraud, drained by the cottage industries and vendors, national lawmakers, labor leaders, insurance companies, governmental agencies, and the media, are speaking out to change the century old system that fails to integrate with current social, political, economic and medical programs.

A recent letter from national labor leaders has called for a "portable" system of benefits that will replace the current patch-work of systems called "workers' compensation programs.":

"We need a portable vehicle for worker protections and benefits.Traditionally, benefits and protections such as workers compensation, unemployment insurance, paid time off, retirement savings, and training/development have been, largely or partly, components of a worker’s employment relationship with an employer. The Affordable Care Act has disrupted that model, providing more independent workers a different avenue of access to health insurance. Another new model is needed to support new ways of work. We believe this model should be:

Independent: Any worker should be able to access a certain basic set of protections as an individual regardless of where they source income opportunities.

Flexible and pro-rated: People are pulling together income from a variety of sources, so any vehicle should support contributions that can be pro-rated by units of money earned, jobs done, or time worked, covering new ways of micro-working across different employers or platforms.

Portable: A person should be able to take benefits and protections with them in and out of various work scenarios.

Universal: All workers should have access to a basic set of benefits regardless of employment status.

Supportive of innovation: Businesses should be empowered to explore and pilot safety net options regardless of the worker classification they utilize.

Monday, July 27, 2015

Home is an Odyssey For The Aging Population

Workers' Compensation over the decades has had a very narrow and limited view of "home improvement" benefits for an aging and disabled workforce. That view is focussed on the immediate and maybe a 5 year plan going into the future. With increasing life expectancy of the entire population the workers' compensation system will need to adapt to what is considered "home" and adapt to new factors in an ever changing world.

Friday, July 24, 2015

Social Security Disability Solvency: The Backbone of Workers' Compensation

The Social Security Disability Insurance (SSDI) system is estimated to run out of money in 2016 and the consequences, if not patched-up by legislation, are going to critical to the nation's patchwork of workers' compensation programs. Since its inception over 50 years ago, SSDI has been the safety net, especially in reserve offset states. It is the backbone of a program to support injured workers.

Over the decades, for numerous economic, social and political factors, the nation's workers' compensation program has continued to diminish in it's ability to deliver as intended. Both the medical and indemnity components have been difficult to obtain, and have restricted what they do deliver.

Wednesday, June 24, 2015

US EPA Report Calls For Better Regulation of Demolition of Asbestos Containing Buldings

The Inspector General of the US Environmental Protection Agency released a report calling for safer demotion of buildings containing asbestos fiber. Asbestos is a known cancer producing substance causing asbestosis, lung cancer and mesothelioma.

Monday, June 1, 2015

GAO calls for better Medicare fee setting data and more transparency

Many state workers' compensation medical fee schedules are based upon Medicare rates. A new study from US Government Accounting Office reports that the underlying rate making scheme is biased and the GAO recommends increased transparency of the process.

The American Medical Association/Specialty Society Relative Value Scale Update Committee (RUC) has a process in place to regularly review Medicare physicians' services' work relative values (which reflect the time and intensity needed to perform a service). Its recommendations to the Centers for Medicare & Medicaid Services (CMS), the agency within the Department of Health and Human Services (HHS) that administers Medicare, though, may not be accurate due to process and data-related weaknesses. 

First, the RUC's process for developing relative value recommendations relies on the input of physicians who may have potential conflicts of interest with respect to the outcomes of CMS's process. While the RUC has taken steps to mitigate the impact of physicians' potential conflicts of interest, a member of the RUC told GAO that specialty societies' work relative value recommendations may still be inflated.

RUC staff indicated that the RUC may recommend a work relative value to CMS that is less than the specialty societies' median survey result if the value seems accurate based on the RUC members' clinical expertise or by comparing the value to those of related services.

Second, GAO found weaknesses with the RUC's survey data, including that some of the RUC's survey data had low response rates, low total number of responses, and large ranges in responses, all of which may undermine the accuracy of the RUC's recommendations. For example, while GAO found that the median number of responses to surveys for payment year 2015 was 52, the median response rate was only 2.2 percent, and 23 of the 231 surveys had under 30 respondents.

CMS's process for establishing relative values embodies several elements that cast doubt on whether it can ensure accurate Medicare payment rates and a transparent process.

First, although CMS officials stated that CMS complies with the statutory requirement to review all Medicare services every 5 years, the agency does not maintain a database to track when a service was last valued or have a documented standardized process for prioritizing its reviews.

Second, CMS's process is not fully transparent because the agency does not publish the potentially misvalued services identified by the RUC in its rulemaking or otherwise, and thus stakeholders are unaware that these services will be reviewed and payment rates for these services may change.

Third, CMS provides some information about its process in its rulemaking, but does not document the methods used to review specific RUC recommendations. For example, CMS does not document what resources were considered during its review of the RUC's recommendations for specific services.

Finally, the evidence suggests—and CMS officials acknowledge—that the agency relies heavily on RUC recommendations when establishing relative values. For example, GAO found that, in the majority of cases, CMS accepts the RUC's recommendations and participation by other stakeholders is limited. Given the process and data-related weaknesses associated with the RUC's recommendations, such heavy reliance on the RUC could result in inaccurate Medicare payment rates.

CMS has begun to research ways to develop an approach for validating RUC recommendations, but does not yet have a specific plan for doing so. In addition, CMS does not yet have a plan for how it will use funds Congress appropriated for the collection and use of data on physicians' services or address the other data challenges GAO identified.

Why GAO Did This Study
Payments for Medicare physicians' services totaled about $70 billion in 2013. CMS sets payment rates for about 7,000 physicians' services primarily on the basis of the relative values assigned to each service. Relative values largely reflect estimates of the physician work and practice expenses needed to provide one service relative to other services.

The Protecting Access to Medicare Act of 2014 included a provision for GAO to study the RUC's process for developing relative value recommendations for CMS. GAO evaluated (1) the RUC's process for recommending relative values for CMS to consider when setting Medicare payment rates; and (2) CMS's process for establishing relative values, including how it uses RUC recommendations. GAO reviewed RUC and CMS documents and applicable statutes and internal control standards, analyzed RUC and CMS data for payment years 2011 through 2015, and interviewed RUC staff and CMS officials.

What GAO Recommends
CMS should better document its process for establishing relative values and develop a process to inform the public of potentially misvalued services identified by the RUC. CMS should also develop a plan for using funds appropriated for the collection and use of information on physicians' services in the determination of relative values. HHS agreed with two of GAO's recommendations, but disagreed with using rulemaking to inform the public of RUC-identified services. GAO clarified that the recommendation is not limited to rulemaking.

Click here to read the full report.
Better Data and Greater Transparency Could Improve Accuracy
GAO-15-434: Published: May 21, 2015. Publicly Released: May 21, 2015.


Wednesday, May 27, 2015

Pending Before the NJ Supreme Court

A-89-13 Estate of Myroslava Kotsovska v. Saul Liebman (073861)
Should the trial court have transferred this wrongful death and survival action to the Division of Workers' Compensation for a determination of the decedent's employment status where defendant raised the workers' compensation bar as an affirmative defense?
Certification granted: 5/19/14
Posted: 5/20/14
Argued: 3/16/15

Case below:

Argued March 20, 2013. Decided Dec. 26, 2013.
Background Estate of driver's home health aid filed wrongful death action against driver, stemming from accident in which driver accelerated vehicle while parking, hitting home health aid. Following jury trial, the Superior Court, Law Division, Union County 2012 WL 3965151, determined home health aid was independent contractor, found in favor of estate, and denied driver's motion for new trial. Driver appealed.

Holdings The Superior Court, Appellate Division, Accurso, J.A.D., held that: 
(1) Division of Workers' Compensation was proper forum for resolution of whether home health aid was driver's employee;
(2) jury instruction as to whether home health aid was employee or independent contractor did not adequately convey the law;
(3) taking judicial notice that person would suffer pain if leg was traumatically amputated while conscious was harmless error; and
(4) damages would be preserved pending remand.

Affirmed in part, reversed in part, and remanded.




Tuesday, May 5, 2015

Look Who Is Prescribing What

As part of the Administration’s goals of better, care, smarter spending, and healthier people, the Centers for Medicare & Medicaid Services announced the availability of new, privacy-protected data on Medicare Part D prescription drugs prescribed by physicians and other health care professionals in 2013. This data shows which prescription drugs were prescribed to Medicare Part D beneficiaries by which practitioners.
“This transparency will give patients, researchers, and providers access to information that will help shape the future of our nation’s health for the better,” said acting CMS Administrator Andy Slavitt. “Beneficiaries’ personal information is not available; however, it’s important for consumers, their providers, researchers, and other stakeholders to know how many prescription drugs are prescribed and how much they cost the health care system, so that they can better understand how the Medicare Part D program delivers care.”

The new data set contains information from over one million distinct health care providers who collectively prescribed approximately $103 billion in prescription drugs and supplies paid under the Part D program. The data characterizes the individual prescribing patterns of health providers that participate in Medicare Part D for over 3,000 distinct drug products. For each prescriber and drug, the dataset includes the total number of prescriptions that were dispensed, which include original prescriptions and any refills, and the total drug cost paid by beneficiaries, Part D plans, and other sources.

CMS created the new data set using drug claim information submitted by Medicare Advantage Prescription Drug plans and stand-alone Prescription Drug Plans. With this data, it will be possible to conduct a wide array of prescription drug analyses that compare drug use and costs for specific providers, brand versus generic drug prescribing rates, and to make geographic comparisons at the state level.

The Administration has set measurable goals and a timeline to move Medicare toward paying providers based on the quality, rather than the quantity, of care they give patients. This is part of a wide set of initiatives to achieve better care, smarter spending and healthier people through our health care system. Open sharing of data securely, timely and more broadly supports insight and innovation in health care delivery.

Today’s Part D prescriber data availability adds to the unprecedented information previously released on services and procedures provided to Medicare beneficiaries, including hospital charge data on common impatient and outpatient services as well as utilization and payment information for physicians and other healthcare professionals. In addition, under the Qualified Entity (QE) program, CMS releases Medicare data to approved entities for the purposes of producing public performance reports on physicians, hospitals, and other providers. To date, CMS has certified 11 regional QEs and one national QE.

To view a fact sheet on the Medicare Part D prescriber data, visit: http://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Medicare-Provider-Charge-Data/Part-D-Prescriber.html

Updated: May 15, 2015

Related articles
How Proposed Part D Changes Are Playing On Capitol Hill (workers-compensation.blogspot.com) 

Study: Cancer costs 'skyrocketed' despite drug cuts (workers-compensation.blogspot.com) 

Friday, April 24, 2015

CMS Posts Sample Notice To Beneficiaries Regarding Appeal Rights

CMS has posted the following notice regarding MSP Appeal Rights under the SMART Act. Under the process the the Social Security Beneficiary is only a party of notice and the the direct parties become the Insurance Carrier or Workers' Compensation Entity who initiates the appeal. The process has yet to unfold when an injured workers moves for standing to appear and participate in the process.

On February 27, 2015, the Centers for Medicare & Medicaid Services (CMS) issued a final rule implementing certain provisions of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART ACT). This final rule establishes a formal appeals process for applicable plans (liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans) in situations where the Secretary seeks Medicare Secondary Payer (MSP) recovery directly from an applicable plan. The rule is effective April 28, 2015, and applies to demand letters issued on or after April 28, 2015.

Beneficiaries will be notified in writing if an item or service they received is the subject of an appeal by the insurer or workers’ compensation entity.

A new document titled Appeals Process for Insurers and Workers’ Compensation Entities and Required Notice to Medicare Beneficiaries has been loaded to the downloads section of the What’s New page on the Beneficiary Services section of CMS.gov. The following link can be used to access the main page http://go.cms.gov/beneficiary. Once on the main page click the “What’s New” link in the left side menu and scroll to the bottom of the page. 

Sunday, December 14, 2014

California Medical Review: STEVENS WRIT GRANTED

Containment of medical costs remain a major issue in all workers' compensation programs. The California process of "independent medical review" has turned into a nightmare for injured workers, their families and their advocates. The long awaited constitutional challenge to the process is slowly making its way through the California judicial system. Time will tell whether the judicial resolution will emerge as a solution to what was just terrible legislation.

Today's post is authored by Julius Young and is shared from workerscompzone.com/

Could the California courts finally be ready to rule on the constitutionality of Independent Medical Review?
We may be on the verge of seeing that issue decided.
On December 3, 2014, the California Court of Appeal First Appellate District Division One granted the petition for writ of review filed San Francisco attorney Joseph Waxman on behalf of Frances Stevens (the case is Frances Stevens, Petitioner, v. WCAB and Outspoken Enterprises/State Compensation Insurance Fund ADJ1526353).
In June 2014 the Court of Appeal had summarily denied a petition for a writ filed by Waxman in April 2014. At that time Waxman had not exhausted his administrative remedies. Waxman did so and then refiled for the writ, which was then granted.
The basis facts in the case are important.
Stevens had been found permanently and totally disabled (100%) by the workers’ comp judge. Her condition required use of a wheelchair and defendant had provided assistance by a home health aide....
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Saturday, October 25, 2014

Chris Christie berated by U.S. Labor Secretary over minimum wage comments

Today's post was shared by Steven Greenhouse and comes from www.nj.com

In this Sept. 14, 2014 file photo, protesters participate in a rally outside a McDonaldis on Chicago's south side as labor organizers escalate their campaign raise the minimum wage for employees to $15 an hour. As Democrats across the country make an election-year push to raise the minimum wage, they are also looking to motivate younger people, minorities and others in their base to go to the polls on Nov. 4th. The party has put questions on the ballot in five states asking voters whether the minimum wage should be increased.
TRENTON — Speaking at a Bloomberg News event in Washington D.C. today, U.S. Secretary of Labor Tom Perez said Gov. Chris Christie has “got his head in the sand” when it comes to the nation's lowest-paid workers.
Earlier this week, Christie made headlines by saying he was "tired" of hearing about the minimum wage as a mid-term election issue.
According to a Bloomberg News report, Perez noted that when it comes to a national minimum wage, the U.S. is a dismal third-from-dead-last among the 34 nations in the Organization for Economic Cooperation and Development, which includes the U.S., the United Kingdom, most Western European nations, Scandinavia, Mexico and Australia.
"I mean, we suck,” Perez said.
Minimum wage in New Jersey is now $8.25, a base rate that was hiked just this year, after voters passed a legislatively-referred...
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Tuesday, October 21, 2014

Asbestos likely more widespread than previously thought

Naturally occurring asbestos minerals may be more widespread than previously thought, with newly discovered sources now identified within the Las Vegas metropolitan area. The asbestos-rich areas are in locations not previously considered to be at risk, according to a new report. “These minerals were found where one wouldn’t expect or think to look,” said a co-researcher of the study. The naturally occurring asbestos was found in Boulder City, Nevada, in the path of a construction zone to build a multi-million dollar highway.

Click here t read the entire article.


Monday, October 6, 2014

Taking Action on Workplace Stress

Taking Action on Workplace Stress
Presenter: John Oudyk, Occupational Hygienist, OHCOW
Date: Tuesday, October 21, 2014
Time: 1:00 pm – 2:00 pm EDT


(opens a new browser window on gotomeeting.com)

Product Description

Is work stressing your employees out? If so, they’re not alone. In Canada, over a quarter of working adults report feeling highly stressed at work. Factors such as excessive demands, lack of control, insecure job arrangements, inadequate resources and support, and workplace bullying and harassment can all took their toll on the well-being of workers.
This free webinar takes a closer look at ways to identify and measure these psychosocial hazards, and outlines mental injury prevention tools and resources to help your organization take action on workplace stress.

Who should attend

Health and safety professionals and committee members, managers, supervisors, employers, and anyone interested in a better understanding of workplace stress.

About the presenter

As an Occupational Hygienist for the last 25 years with the Hamilton Clinic of the Occupational Health Clinics for Ontario Workers, John has measured all kinds of hazards in workplaces ranging from offices to foundries. In the 1990’s he began to measure psychosocial hazards in office settings and among firefighters. In 2009 he started working with the Mental Injuries Tool group to devise a questionnaire to help workplace parties assess psychosocial hazards at work. John has a degree in Chemical Engineering from the University of Waterloo and Masters in Health Research Methods from the McMaster University. He has an appointment as an Assistant Professor (part-time) in the Clinical Epidemiology and Biostatistics Department.

System Requirements

After registering you will receive a confirmation email from GoTo Webinar containing instructions on how to join the webinar.
You do not need a microphone or a telephone to listen to this webinar - just listen to the presentation through your computer's speakers or headphones.
PC-based attendees
  • Internet Explorer 7.0, Mozilla Firefox 4.0, Google Chrome 5.0 (JavaScript enabled) or the latest version of each web browser
  • Windows 8, 7, Vista, XP or 2003 Server
  • Cable modem, DSL or better Internet connection
  • Dual-core 2.4GHz CPU or faster with 2GB of RAM (recommended)
Macintosh-based attendees
  • Safari 3.0, Firefox 4.0, Google Chrome 5.0 (JavaScript enabled) or the latest version of each web browser
  • Mac OS X 10.6 – Snow Leopard or newer
  • Intel processor (1GB of RAM or better recommended)
  • Cable modem, DSL, or better Internet connection

Monday, August 25, 2014

Restoring Faith

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com
That was just one work comp group and happened to be the most prolific. Plenty of other comments have been made in other venues.
I never in my wildest dreams would have imagined that my little, slightly sarcastic, muse on being both an employee and employer dealing with the same work injury and ultimately deciding that work comp was the worst of all worlds for dealing with it would create such interest, controversy, engagement and interaction.
But it did.
Some disputed that it could be labeled industrial since it was only a back sprain. Others said to stay out of the work comp system at all costs. And others simply demonstrated a lack of understanding of work comp, at least relative to California law.
No one, though, said that I should file a claim as an employee or report the claim as an employer.
Perhaps that's because everyone is a professional in the system, an insider, and everyone knows that once a claim comes into the system both the employer and the employee lose control to the gaming that every single vendor - insurance company, doctor, lawyer, etc. - will engage in to "do the right thing" according to their special interest.
Certainly there were more "claim denied" or "services denied" responses than I thought would occur.
Just like real life work comp.
The California Workers' Compensation Appeals Board on Thursday designated a case a "Significant Panel Opinion" because a carrier that had approved nurse case manager services prior...
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Monday, August 18, 2014

The Surgeon General’s Call to Action to Prevent Skin Cancer

The Surgeon General’s Call to Action to Prevent Skin Cancer calls on partners in prevention from various sectors across the nation to address skin cancer as a major public health problem. Federal, state, tribal, local, and territorial governments; members of the business, health care, and education sectors; community, nonprofit, and faith-based organizations; and individuals and families are all essential partners in this effort. The goal of this document is to increase awareness of skin cancer and to call for actions to reduce its risk. The Call to Action presents the following five strategic goals to support skin cancer prevention in the United States: increase opportunities for sun protection in outdoor settings; provide individuals with the information they need to make informed, healthy choices about ultraviolet (UV) radiation exposure; promote policies that advance the national goal of preventing skin cancer; reduce harms from indoor tanning; and strengthen research, surveillance, monitoring, and evaluation related to skin cancer prevention.
Skin cancer is the most commonly diagnosed cancer in the United States, and most cases are preventable.1–3 Skin cancer greatly affects quality of life, and it can be disfiguring or even deadly.1,4–6 Medical treatment for skin cancer creates substantial health care costs for individuals, families, and the nation. The number of Americans who have had skin cancer at...
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Thursday, August 7, 2014

The Alzheimer's Risk

Today's post is shared from David DePaolo at daviddepaolo.blogspot.com
As you likely are aware, Mom is in a memory care facility, so the California Supreme Court's ruling on whether a patient (or the family of a patient) may be liable for injuries to an Alzheimer's care worker caught my attention.
Mom is in a top quality memory care facility and I am fortunate enough to be able to visit her on average of twice a week, so I have become quite familiar with (and friends with) many of the residents and their families at the facility.
Dementia and Alzheimer's (a subset of dementia) are odd afflictions - some folks, like my mom, just don't remember much of anything, but they're pleasant. They smile, joke and are overall convivial.
Others though get the worst of the disease and can be aggressive, combative and sometimes a bit scary. These folks may be old, but can be very strong - mind over matter is not just a saying!
I've seen workers hit by patients, and I, myself have been the subject of aggressive behavior by an Alzheimer's patient.
Work injuries are a very real part of the Alzheimer's care worker's occupation.
And the Supreme Court has said that work comp the only remedy for such care workers.
The majority opinion in Gregory v. Cott expressly declared that because agitation and physical aggression are common late-stage symptoms of Alzheimer's, injuries to caregivers are not unusual.
As I noted, my experience would support this observation.
Mom doesn't bite.
The...
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Sunday, July 27, 2014

IRS prepping for Obamacare employer mandate in 2015

What will happen with the employer mandate? Will the consequences be that the workers' compensation carriers expand coverage to employer based policies that are cheaper than traditional workers' compenaation policies. Today's post is shared from Politico.com
The Obama administration signaled Thursday it’s not backing down from the controversial health law employer mandate that has been delayed twice and is the centerpiece of the House’s lawsuit against the president.
The IRS posted drafts of the forms that employers will have to fill out to comply with the Obamacare requirement that employers provide health insurance to workers.
Some business groups said the information was still too tentative and too incomplete to let them prepare for new obligations under the health law. “Our immense frustrations with the IRS continue,” Christine Pollack, vice president of Government Affairs at the Retail Industry Leaders Association, said in a statement.
An administration official said the White House is sticking to the timeline announced earlier this year. Companies with 50 to 99 employees will have another year — until 2016 — to start the coverage. Companies with 100 or more employees do have to comply next year, although they have two years to phase up so that they are covering 95 percent of their workers. Smaller businesses are exempt.
The House Republicans are planning to sue President Barack Obama, saying he overstepped his authority in...
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Tuesday, July 22, 2014

U.S., state officials ask about asbestos

Today's post is shared from timesunion.com/
Federal and state environmental agents have interviewed the former city engineer and his assistant about the city's handling of two demolition projects involving asbestos, a person with knowledge of the matter said.
The emergency razing of 4-6-8-10 King St. in August 2013 and the tearing down of buildings at the King Fuels site in South Troy this year have drawn the attention of criminal investigators from the U.S. Environmental Protection Agency and the state Department of Environmental Conservation.
The agents asked Russ Reeves, the former city engineer, and Barbara Tozzi, a former city engineering assistant, about the circumstances of the work and the handling of asbestos, the person, who wished to remain anonymous, said. The agents also queried Reeves regarding the nature of relationships at city hall and the involvement of individuals in the projects.
Stop-work orders were issued for both demolition projects by the state because of concerns about procedures for dealing with asbestos in the 19th-century structures.
The questions were similar to those asked by the FBI when one of its agents interviewed Reeves earlier this year. The state Labor Department also has investigated the asbestos removal.
The city's request for proposals for the development of the Scolite site on the Hudson River in South Troy also was discussed in the latest interview, the person said.
Reeves resigned as city engineer, saying that city officials were not concerned about public safety when the...
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