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Saturday, November 1, 2014

NY Governor Cuomo Announces Workers' Compensation Costs for Employers Will Drop by $45 Million

Marks Second Consecutive Year of Savings for Private and Public Employers Including Municipalities and School Districts

2013 Business Relief Act Cuts System Cost to Employers Total of 30% Over Last Two Years

Governor Andrew M. Cuomo today announced the rate that employers pay to State's workers' compensation system is dropping yet again, in 2015, resulting in savings to all employers totaling $45 million. The savings are a direct result of the 2013 Business Relief Act, which Governor Cuomo signed into law last year and has cut the assessment rate for employers by a total of 30 percent over the last two years.

"Reducing the cost of doing business in New York has been a top priority for this administration and I'm proud to announce that our reforms to the Workers' Compensation System have lowered rates for the second straight year," Governor Cuomo said. "This is one more way we're improving the economic climate in New York and making this state a place where businesses can grow, thrive and create jobs."

The new assessment methodology and other efficiencies implemented in 2014 resulted in $170 million in administrative savings, of which $18 million directly benefits New York's public employers, like municipalities and school districts. The savings has been applied to 2015, resulting in the assessment rate falling to 13.2 percent from 13.8 percent, the second consecutive annual decline.

Signed by the Governor as part of the 2013-14 Budget, the Business Relief Act standardized and corrected the previously disjointed and antiquated assessment process. Now, all employers are charged with the same methodology, leading to a lower assessment rate for all New York's employers.

The Workers' Compensation Board is continuing to enforce of the legal requirement for employers to carry workers' compensation insurance expands the pool of insureds. Moreover, New York is open for business: both the number of people working in New York State and the amount of employees' total wages earned increased over the last year, contributing to the lower rate.

The Workers' Compensation Board is in the midst of a comprehensive "business process re-engineering" to re-imagine the workers' compensation system. This sweeping examination has identified initial projects that will re-create a system that more effectively serves the needs of injured workers and employers, resulting in further savings for public and private employers in the time to come.

Read more about NY State and workers' compensation:
Jun 28, 2014
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Apr 10, 2014
“It's a full week,” Mr. Puri explained as he handed out a fact sheet describing New York City's first paid sick leave law. “That includes whether you're caring for yourself or a member of your family.” His eight employees were ...
Jan 12, 2014
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.

Friday, October 31, 2014

Safety in Space: 2nd Catastrophic Accident The Week: 1 Dead, 1 Injured In Virgin Galactic Spacecraft Crash

Space flight has become a very high risk issue this week with the 2nd major event occurring within days. This new accident resulted in at least one fatality reports ABC News and comes days after a major explosion on the Antares Rocket on Wednesday at the Wallops Flight Center.

Read the latest ABC News report: Click here.

"One person died and another suffered a major injury after Virgin Galactic's SpaceShipTwo spacecraft crashed in California's Mojave Desert today."

Judge eases limits on nurse who treated Ebola patients - Order Issued

A Judge ruled today that restrictions on a health care worker were far too severe. In what was becoming a political circus, a Maine Judge issued a ruling ending the grandstand political play. Today's post is shared from Reuters.com/
FORT KENT Maine (Reuters) - A Maine judge on Friday imposed limited restrictions on an American nurse who treated Ebola patients in Sierra Leone and rejected a bid by state officials for more stringent measures.
The confrontation between Kaci Hickox and officials in the state of Maine has become the focal point of a dispute pitting several U.S. states opting for strict quarantines against the federal government, which opposes such measures.
Hickox's lawyer called the ruling a "terrific win" and Maine Governor Paul LePage said that while he was disappointed, the state would abide by the judge's order.
Hickox, 33, tested negative for Ebola after returning from working for Doctors Without Borders in Sierra Leone. She also objected when the state of New Jersey put her into isolation when she arrived at Newark airport.
Charles LaVerdiere, chief judge of Maine District Court, in an earlier temporary order dated on Thursday had instructed Hickox to avoid "public places" like shopping centers and maintain a 3-foot (1-meter) distance from others at the state's request. That came hours after she defied Maine officials, left her home and went for a bike ride with her boyfriend.
On Friday, after a hearing held by telephone, LaVerdiere said Hickox only would have to continue direct monitoring of her health, coordinate travel plans with health officials and...
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Click here to read the Court Order

Investigation: Post-crash fires in small planes cost 600 lives

Today's post was shared by Take Justice Back and comes from www.usatoday.com



Trapped onboard
4-year-old died while they tried to save himThe fire ignited when the small airplane smashed into a parking lot and empty building in central Anchorage on a failed takeoff. Passersby ran to pull four burning people from the Cessna Skywagon.
But when they tried to rescue 4-year-old Miles Cavner, the airplane cabin was engulfed in fire.
As Stacie Cavner screamed that her son was burning, police officer Will Cameron spotted Miles on the cabin floor. Fire was scorching the boy's body — and keeping Cameron from saving him.
"We tried to go back in for the young boy," Cameron reflected recently on the June 1, 2010, crash, "but at that point it was too much, so we couldn't get to him."
Small-airplane fires have killed at least 600 people since 1993, burning them alive or suffocating them after crashes and hard landings that the passengers and pilots had initially survived, a USA TODAY investigation shows. The victims who died from fatal burns or smoke inhalation often had few if any broken bones or other injuries, according to hundreds of autopsy reports obtained by USA TODAY.
Fires have erupted after incidents as minor as an airplane veering off a runway and into brush or hitting a chain-link fence, government records show. The impact ruptures fuel tanks or fuel lines, or both, causing leaks and airplane-engulfing blazes.
Fires also contributed to the death of at least 308 more people who suffered burns or smoke inhalation as well as traumatic...
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Weak Oversight, Deadly Cars

Today's post was shared by Take Justice Back and comes from www.nytimes.com

WHEN regulators sleep and auto companies place profits over safety, safety defects pile up. A record number of vehicles — more than 50 million — have been recalled this year, a result of congressional hearings and Justice Department prosecutions, which exposed a mass of deadly defects that the auto industry had concealed.

From the Ford Explorer rollovers in the 1990s and Toyotas’ issue with unintended acceleration in the 2000s to the recent fatal consequences of defective General Motors ignition switches and Takata airbags, the auto companies hid defects to avoid recalls and save money. These and other major defects were first exposed by safety advocates who petitioned the government and by reporters in the tradition of Bob Irvin of The Detroit News, who wrote over 35 articles on Chevrolet engine mounts until General Motors agreed to recall 6.7 million vehicles in 1971.

These campaigners did the job the regulator should have done. Congress gave the Department of Transportation authority to regulate the auto industry through the National Highway Traffic Safety Administration — including subpoena authority to find defects. But it used this authority so infrequently after the ’70s that its acting administrator, David J. Friedman, told Congress this year that he didn’t even know it had the power. The N.H.T.S.A. also failed to require companies to disclose death-claim records in civil lawsuits over the Toyota accelerations, G.M. ignition...

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Right to Die Debate Heating Up

Today's post by Brett Gowen of the California Bar is shared from fbgslaw.com
Brett Gowen

You may have heard about and seen the recent news coverage about Brittany Maynard, a 29 year old woman who is choosing to end her life after she was diagnosed with a terminal brain tumor last spring. Recently the Editorial Board of the Sacramento Bee advocated enactment of a “death with dignity law” similar to that adopted by Oregon 20 years ago. The Editorial Board contends that the Oregon model fully answers the concerns of those who have opposed “death with dignity” efforts in the past in the California.

View the Opinion piece at: http://www.sacbee.com/opinion/editorials/article3358507.html
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JOSÉ DUBON: The Human Face Behind WCAB Decision

Brett Gowen
Today's post by Brett Gowen of the California Bar is shared from fbgslaw.com

Imagine if this was you or your spouse. The California Legislature passed SB 863 and the recent Dubon case has taken the Workers’ Compensation courts out of deciding medical issues. This has effectively denied crucial medical care for thousands if not hundreds of thousands of California citizens. If the Insurance company denies a treatment and does not follow the law, you will likely not get your day in court to challenge the violations. Read the full story from C.A.A.A below:

California Applicants’ Attorneys Association (CAAA): JOSÉ DUBON: The Human Face Behind WCAB Decision; Consequences of Insurers Gaming UR System, Withholding Medical Records

The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today released a UR DENIED story on José Dubon, the injured laborer whose case has resulted in three different Workers’ Compensation Appeals Board decisions, addressing what insurers are required to provide to Utilization Review (UR) to make the UR valid. Insurance carriers’ Utilization Review (UR) denies one in five physicians’ requests for medical treatment – up to 3,500,000 per year. The Dubon v. World Restoration case is an excellent example of the widespread failure of claims administrators to provide adequate medical records to the UR reviewer. “José Dubon’s case has produced a WCAB...

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