Employer Fraud: Safety Manager Conceals Employee Injuries for Bonus

On Apr. 11, 2013, Walter Cardin, 55, of Metairie, La., was sentenced to serve 78 months in prison followed by two years of supervised release, by the Honorable Curtis L. Collier, U.S. District Judge. Cardin was convicted at trial in November 2012, after being charged by a federal grand jury with eight counts of major fraud against the Tennessee Valley Authority (TVA), an agency of the United States.

The indictment and subsequent conviction of Cardin was the result of a six-year

investigation conducted by the TVA-Office of Inspector General (TVA-OIG). The trial revealed that Cardin, as safety manager for the Shaw Group (formerly Stone & Webster Construction) at TVA’s Brown’s Ferry Nuclear site in Athens, Ala., provided false and misleading information about injuries at that facility as well as TVA’s Sequoyah Nuclear site in Soddy Daisy, Tenn., and TVA’s Watts Bar Nuclear site near Spring City, Tenn. 

The Shaw Group had a contract with TVA to provide maintenance and modifications to the three facilities and to provide construction for the Brown’s Ferry Unit Number 1 reactor restart. Cardin generated false injury rates which were used by the Shaw Group to collect safety bonuses of over $2.5 million from TVA. As part of a civil agreement filed with the United States in 2008, the Shaw Group paid back twice the amount of the ill-gotten safety bonuses.

Ciba, Toms RIver NJ and a Cancer Epidemic

Early in my workers' compensation career, during the 1980's, I was asked by a local attorney to participate in the prosecution of 3 brain cancer workers' compensation claims. The cases arose out of an alleged exposure to toxic substances while working at the Ciba-Geigy's chemical plant in Toms River, NJ. 

Being a notoriously zealous attorney, I undertook the claims. They were being defended personally by named partner in a mega-NJ liability firm. After several hearing dates, and my motion being granted for an on-site inspection of the premises with Judge being present, the claims were ended to the satisfaction of my clients.

The story of Ciba-Geigy and the plight of the employees and the community is now the subject of an insightful book, Toms River, A story of Science and Salvation authored by Dan Fagin.

Click here to hear the NPR Story - For Toms River, An Imperfect Salvation

The Painful Knee: A Genetic Issue

Recent reports indicate that the pace at which aging knees deteriorate maybe a function genetics and that conservative treatment might indeed be the best approach.

"But in the end, genetics, and the kind of cartilage you got from your parents, may play the biggest role. It is a little like buying tires, said Dr. Frederick M. Azar, chief of staff of the Campbell Clinic in Memphis and an official with the American Academy of Orthopaedic Surgeons. “You can get nice treads or you can get retreads,” he said."

Read the complete report: Why Do My Knees Hurt? (NYTimes 3.15.13)

FDA Warns Zithromax® / Zmax® Antibiotics Potential Risk of Fatal Heart Rhythms

The U.S. Food and Drug Administration (FDA) is warning the public that azithromycin (Zithromax or Zmax) can cause abnormal changes in the electrical activity of the heart that may lead to a potentially fatal irregular heart rhythm. Patients at particular risk for developing this condition include those with known risk factors such as existing QT interval prolongation, low blood levels of potassium or magnesium, a slower than normal heart rate, or use of certain drugs used to treat abnormal heart rhythms, or arrhythmias. 

This communication is a result of the FDA's review of a study by medical researchers as well as another study by a manufacturer of the drug that assessed the potential for azithromycin to cause abnormal changes in the electrical activity of the heart.

The azithromycin drug labels have been updated to strengthen the Warnings and Precautions section with information related to the risk of QT interval prolongation and torsades de pointes, a specific, rare heart rhythm abnormality. Information has also been added regarding the results of a clinical QT study which showed that azithromycin can prolong the QTc interval. (see Data Summary)

Health care professionals should consider the risk of fatal heart rhythms with azithromycin when considering treatment options for patients who are already at risk for cardiovascular events (see Additional Information for Health Care Professionals below).  FDA notes that the potential risk of QT prolongation with azithromycin should be placed in appropriate context when choosing an antibacterial drug: Alternative drugs in the macrolide class, or non-macrolides such as the fluoroquinolones, also have the potential for QT prolongation or other significant side effects that should be considered when choosing an antibacterial drug.

Hospitals Are Become Even Deadlier Places for Sick People

The US Centers for Disease Control (CDC) has reported that lethal drug-resistance bacteria is making its appearance at a growing rate at health care facilites. What has now been called a "nightmare of bacteria," CRE infections may now become a very serious complication of a work-related injury

"Drug-resistant germs called carbapenem-resistant Enterobacteriaceae, or CRE, are on the rise and have become more resistant to last-resort antibiotics during the past decade, according to a new CDC Vital Signs report.  These bacteria are causing more hospitalized patients to get infections that, in some cases, are impossible to treat. 

CRE are lethal bacteria that pose a triple threat:

• Resistance: CRE are resistant to all, or nearly all, the antibiotics we have - even our most powerful drugs of last-resort.
• Death: CRE have high mortality rates – CRE germs kill 1 in 2 patients who get bloodstream infections from them.
• Spread of disease:  CRE easily transfer their antibiotic resistance to other bacteria.  For example, carbapenem-resistant klebsiella can spread its drug-destroying weapons to a normal E. coli bacteria, which makes the E.coliresistant to antibiotics also. That could create a nightmare scenario since E. coliis the most common cause of urinary tract infections in healthy people.

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$8 Million Verdict: DePuy Defective Hip Implant

A jury in California awarded a retired guard $8 Million as a result of suffering from a defective hip implant. The defective product, an ASR hip implant,  was manufactured by Johnson & Johnson. Many additional cases are pending though-out the country.

Read more about hip-implants and workers' compensation

Workers' Compensation: Knee Replacement Medical Device Recalled

Feb 27, 2013

4, 2013, DePuy issued an Urgent Medical Device Recall informing hospitals and surgeons of the problem and to immediately stop distributing or using the recalled lots. If a medical facility has the affected product in stock, it is ...

http://workers-compensation.blogspot.com/

Defective Artificial Hips Maybe a Costly problem for Workers

Dec 17, 2010

With an estimated 93,000 DePuy recalled artificial hips implanted worldwide, the workers' compensation benefit system will probably be paying for a vast amount of the remediation and treatment costs, and then having its ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Hip Implants Recalled Due to Failure

Aug 27, 2010

DePuy release a statement today that they two products being recalled were: the ASR XL Acetabular System, a hip socket used in traditional hip replacement, and the ASR Hip Resurfacing System, a partial hip replacement ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Metal-on-Metal Hip Implants: FDA Issues a ...

Jan 17, 2013

Johnson and Johnson has recalled 2 Hip Implants because of failure. The two implants were made by the DePuy Orthopaedics unit of Johnson and Johnson. The decision to withdrawn the products was based upon the fact .

http://workers-compensation.blogspot.com/

Jobs....a long way to go

The workers' compensation market/business is dependent on employment. The newly released statistics, while appearing encouraging, might not be so after all.

Despite today's promising numbers report from the US Bureau of Labor Statistics, some believe that the US has a very long way to go to get to full employment. Repeating the golden years is a very difficult road.

I commented a few years ago (Is The Recovery Of The Workers’ Compensation System An Illusion?) that workers' compensation is not necessarily anti-cyclical, ie. does not necessarily do better in down markets. That has been reflected in decreased manufacturing and insurance carrier insolvencies.

Law Schools Should Establish Workers' Compensation Law Firms

Today the NY Times reports that law schools through the nation are opening law firms for recent graduates creating new post graduate job opportunities for debt ridden students and for additional training. The field of workers' compensation law is a fertile opportunity to benefit injured workers, new lawyers and academia.

Click here to read: To Place Graduates, Law Schools Are Opening Firms

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E-Filing Is A Good Thing

Workers' Compensation attorneys need to adapt to new technology. A case in point is electronic filing.

The Bob Cummings Show
January 2, 1955 to September 15, 1959

Two jurisdictions recently have sparked efforts for adaptation to new procedures designed to implement more expeditious and cost savings measures.

Over fifty years ago, there was a sit-com on TV, The Bob Cummings Show. The program mocked a GrandPa's ability to adopt to new technology. The aging parent used gifts of an electric blanket as a bread warmer, and an electric rotisserie as a sock dryer.

NJ has adopted e-filing of motion practice that speeds docketing and service of pleadings in the vast majority of cases. While not mirroring the stellar Federal Court Case Management Electronic Filing System with compete exhibit PDF submissions permitted, it does make major improvements to the process.

Florida has reported, that despite offerring an e-filing, parties are still entrenched in their old and wasteful habits of using USPS Certified Mail for process.

Knee Replacement Medical Device Recalled

The US Food and Drug Administration  (FDA) has notified healthcare professionals of a Class I recall of the LPS Diaphyseal Sleeve, a manufactured medical device used in human knee replacement surgery.

It has been found that The LPS Diaphyseal Sleeve to Diaphyseal Sleeve Base taper connection may not be sufficient to accommodate potential physiologic loads that may be transferred to the junction during normal gait activities by some patients. This may result in fracture of the sleeve at the taper joint which may also lead to loss of function or loss of limb, infection, compromised soft tissue or death.

The device was manufactured by: DePuy Orthopaedic, Inc, a company owned by Johnson and Johnson.

Obesity Is Weighing Down The Workers' Compensation System

The "fat" gene

With over two-thirds of the nations' workforce overweight, the US workers' compensation system appears to weighed down with issue of obesity and its complications and costs. The delivery of medical treatment, and resulting permanent disability benefits, need to co-exist with the added weight workers are bringing to the system.

Medical delivery now needs to deal with: weight reduction, delay of medical care and complex treatment protocols , due obesity issues. The resulting consequences of this pre-existing / coexisting issues, are increasing the economic burden on the entire program.

Recent discoveries in human genome project reflect that obesity may actually be controlled by genetic propensities. In other words, the so-called "fat gene" programs whether the human body will gain weight. 

"Obesity is a chronic metabolic disorder affecting half a billion people worldwide. Major difficulties in managing obesity are the cessation of continued weight loss in patients after an initial period of responsiveness and rebound to pretreatment weight. It is conceivable that chronic weight gain unrelated to physiological needs induces an allostatic regulatory state that defends a supranormal adipose mass despite its maladaptive consequences. To challenge this hypothesis, we generated a reversible genetic mouse model of early-onset hyperphagia and severe obesity by selectively blocking the expression of the proopiomelanocortin gene (Pomc) in hypothalamic neurons. Eutopic reactivation of central POMC transmission at different stages of overweight progression normalized or greatly reduced food intake in these obesity-programmed mice. Hypothalamic Pomc rescue also attenuated comorbidities such as hyperglycemia, hyperinsulinemia, and hepatic steatosis and normalized locomotor activity. However, effectiveness of treatment to normalize body weight and adiposity declined progressively as the level of obesity at the time of Pomcinduction increased. Thus, our study using a novel reversible monogenic obesity model reveals the critical importance of early intervention for the prevention of subsequent allostatic overload that auto-perpetuates obesity."

Workers' Compensation needs to address obesity as a medical condition requiring, not only with co-existence medical attention, but also extend preventive medical treatment and medical monitoring to that the conditio Then obesity will not become a major factor in an employee's lifetime. Identification of this genetic abnormality early on appears critical to addressing weight control and behavior leading to its elimination.

This is yet another reason why the incorporation of the workers' compensation program into a universal medical system is so very important to the health of workers, and the solvency of workers compensation going forward.

Read the entire study, Obesity-programmed mice are rescued by early genetic intervention, Viviana F. Bumaschny, Miho Yamashita, Rodrigo Casas-Cordero,Verónica Otero-Corchón, Flávio S.J. de Souza, Marcelo Rubinstein andMalcolm J. Low, J Clin Invest. 2012;122(11):4203–4212. doi:10.1172/JCI62543.

....

Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).  

Read more about obesity and workers' compensation

Workers' Compensation: NCCI Takes Aim At Obesity

Jun 21, 2012

"The statistical analysis shows that claimants with a comorbidity indicator pointing to obesity have an indemnity benefit duration that is more than five times the value of claimants who do not have this comorbidity indicator but ...

http://workers-compensation.blogspot.com/

The NFL's surprising occupational hazard: obesity that kills

Sep 23, 2011

We thought it was a fitting topic for our workers' law blog because NFL linemen must embrace this condition in order to stay in peak performance. It's called chronic obesity. These days, to be an NFL lineman, you not only have ...

http://workers-compensation.blogspot.com/

Workers' Compensation: The Costs and Complications of The Other ...

Nov 15, 2012

In 2010, an NCCI study found that claims with an obesity comorbidity diagnosis incurred significantly higher medical costs than comparable claims without such a comorbidity diagnosis. Relative to that study, this study ...

http://workers-compensation.blogspot.com/

Workers Compensation Insurance Company Ordered to Pay For

Mar 20, 2010

His morbid obesity has contributed to his knee and back problems and, in an effort to combat those problems and counter a broader threat to his survival, claimant sought authorization to undergo gastric bypass surgery.

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Hazards exist in the surface refinishing business

University of Iowa, College of Public health, recently reported the death of a bathtub refinishingt technician who died from the inhalation of paint stripper vapors.

In 2012, a 37-year-old female technician employed by a surface-refinishing business died from inhalation exposure to methylene chloride and methanol vapors while she used a chemical stripper to prep the surface of a bathtub for refinishing. The technician was working alone without respiratory protection or ventilation controls in a small bathroom of a rental apartment. When the technician did not pick up her children at the end of the day, her parents contacted her employer, who then called the apartment complex manager after determining the victim’s personal vehicle was still at the refinishing company’s parking lot.

The apartment complex manager went to the apartment unit where the employee had been working and called 911 upon finding the employee unresponsive, slumped over the bathtub. City Fire Department responders arrived within 4 minutes  of the 911 call. The apartment manager and first responders reported a strong chemical odor in the  second story apartment. There was an uncapped gallon can of Klean Strip Aircraft® Low Odor Paint  Remover (80-90% methylene chloride, 5-10% methanol) in the bathroom. The employee’s tools and knee pad were found in the tub, suggesting the employee had been kneeling and leaning over the tub wall to manually remove the loosened original bathtub finish coat.

The factors contributing to this lethal exposure include use of a highly concentrated methylene chloride chemical stripper having poor warning properties (“Low Odor”); working in a small room without local exhaust ventilation to remove chemical vapors or provide fresh air; and working without a respirator that could have protected the employee from exposure.

Read More about "occupational exposure"

Breast cancer risk in relation to occupations with exposure to ...

Nov 23, 2012

"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 .

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The 6 Things You Need To Do If You Are Exposed To Mercury

Nov 26, 2012

"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 .

http://workers-compensation.blogspot.com/

Occupational Exposure to Silica During Hydraulic Fracking

May 24, 2012

While focus has been on environmental concerns with the advent of fracking, a process to release oil and gas, a new concern has emerged over the potential occupational exposure to silica by workers who are involved in the ...

http://workers-compensation.blogspot.com/

Breast Cancer Linked to Occupational Exposures - Workers ...

May 29, 2010

"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...

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Protective Equipment Needed for Hurricane Sandy Clean-Up Workers-Volunteers

Hurricane Recovery Worker / FEMA

As the massive clean-up and recovery efforts following Hurricane Sandy continue on the East Coast, the American Society of Safety Engineers (ASSE) is assisting the U.S. Occupational Safety and Health Administration (OSHA) garner needed personal protection equipment (PPE) through donations to be sent directly to 501c3 organizations in the affected areas. ASSE members, occupational safety, health and environmental professionals, are also volunteering their time and expertise with the clean-up and recovery, while many have suffered damage to their own homes as well.

ASSE is asking companies and organizations if they can donate the following safety equipment:
1. Safety vests
2. Gloves (a) cloth, (b) rubber chemical resistant and (c) leather to handle tree branches
3. Hard Hats
4. Ear plugs
5. Knee pads, water proof coveralls and cut resistant chaps
6. Fire extinguishers
7. Goggles without vent hole
8. Electrically insulated watertight boots with steel shank, toe and insole
9. Disposable N 95 respirators but not elastomer respirators
10. Bags to contain all of the above

Please contact OSHA’s Cathie M. Mannion, Assistant Regional Administrator for Technical Support, at mannion.cathie@dol.gov if you have any questions about the specific donations or locations. OSHA notes that shipping to the individual organizations directly will speed the distribution to the workers. Also, companies should let ASSE know by contacting tstachura@asse.org or cnorgaard@asse.org on what donations are being made and where they are being sent to ensure the efforts are coordinated.

Read more about Hurricane Sandy Recovery

Workers' Compensation: Hurricane Sandy Relief: US Resources

Nov 06, 2012

Safety is a primary issue when you're recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren't able to return home, states, tribes, localities, and the Red Cross continue to ...

http://workers-compensation.blogspot.com/

Deadly Asbestos Exposure Threat Left by Hurricane Sandy

Nov 04, 2012

The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were ...

http://workers-compensation.blogspot.com/

Workers' Compensation: NJ Hurricane Sandy Resources: Food ...

Nov 05, 2012

NJ Hurricane Sandy Resources: Food, Water, Fuel, Hotels and Pharmacies. The NJ Regional Operational Intelligence Center has now posted a list of resources for victims suffering from Hurricane Sandy. FOOD Type Address ...

http://workers-compensation.blogspot.com/

Safety Tips for Workers Preparing For Hurricane Sandy

Oct 25, 2012

The NJ Office of Emergency Management and the National Hurricane Center are closely monitoring Hurricane Sandy ("frankenstorm") as it has the potential to become an historic storm as it moves up the Eastern seaboard ...

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Whose to Blame for Opioid Abuse in Workers' Compensation Claims?

(Photo credit: Wikipedia)

A recent Texas case  holding an employer liable holding an employed liable for a fatal opioid overdose arising out of work-related event highlights again that, the workers' compensation medical delivery system just isn't working. Efforts by Industry to "reform" the system. by limiting benefits. is a misdirected knee-jerk reaction, and not one that will address the symptoms of the problem, a failed medical delivery system.

Click here to read more: Opioid death liability falling on employers--Court rulings compel benefits payments

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Illinois Punishes Workers for Employer Deceit

The efforts by employers, insurance carriers and the Chamber of Commerce in Illinois, to take away the rights of injured workers and strip them of benefits may have all been based on Industry fraud. Recently obtained documents, secured under the Illinois Freedom of Information Act (FOIA), reveal that the employer’s own doctor had in-fact validated the causal relationship of the medical claims of the injured workers to work. 

A campaign in Illinois by Industry to dismantle the State’s workers’ compensation system was triggered and flamed by a story appearing in a local newspaper asserting that several correction officers had filed fraudulent claims for repetitive motion trauma to their hands. The local news report insinuated that the claims could not have been credible. 

The story, for some suspicious reason, was disseminated in a viral manner on the Internet. Concurrently, the Illinois Chamber of Commerce went on the attack claiming that the workers’ compensation system in Illinois was loaded with fraudulent activities. The Chamber and employers lobbied for legislation to strip injured workers of what little rights they still had under the law. The statutory changes they sponsored reduced ill workers access for benefits, reduced medical treatment expenditures by 30%, and set up a series of hurtles that left the injured without remedy to cure and relieve conditions caused by work. 

Even that wasn’t enough. Supporters of the Industry’s draconian legislative effort, have now vowed to return to take away the basic promises granted workers a century ago, that injured workers could obtain the limited and capped scheduled benefits, under a no-fault system. The workers’ compensation system was intended to provide a remedial and expeditious benefit to injured workers in a summary and efficient fashion, without the element of fault being considered. 

A hidden report reveals that Anthony E. Sudekum, MD, a Board Certified Hand Surgeon, retained by the employer, State of Illinois Department of Corrections, on March 30, 2011, after and extensive review of the facts, circumstances, inspection of the premises and equipment, and examination of the employees, concluded that, on the job activities contributed to their illness. He wrote, “…I feel that ….work activities at Menard Correctional center served to aggravate…bilateral carpal tunnel syndrome and left ulnar neuropathy.” 

Furthermore, some contend that the neurological illnesses that appeared at the Menard Correctional Center may have been the result of a mysterious disease cluster that warrants much further investigation instead of a knee-jerk denial. Similarly, a mysterious outbreak of disease in Philadelphia ultimately resulted in the discovery of Legionnaires Disease. Today the US Centers for Disease Control continues to investigate worldwide clusters of gastro-intestinal conditions to determine their potential causal relationship. It is through continued medical research and investigation that we make the workplace healthier, safer and more productive. 

We should learn from history. In the past, employers and manufacturers were also caught intentionally concealing the hazards of asbestos, tobacco and lead paint. That left a legacy of disease and death, and billions of dollars of economic loss. One would think that everyone learned from those tragic mistakes. For our nation to survive, employers must take an active roll in improving the health of our workers, and build a stronger system, rather than just deny the hazards of the workplace and blame the injured.

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Medical Witness Cannot Be An Advocate - Knee Replacement Surgery Authorized

A workers' compensation medical witness is not permitted to be become an advocate. A Judge of Compensation disregarded an insurance company medical witness when the medical expert "crossed the line from being a medical witness to an advocate."

In reaching her decision, Diana Ferriero, Judge of Compensation, rationalized that the insurance company's medical expert by the "convoluted cover letter sent by respondent counsel," along with medical records on the injured worker. 

The injured employer suffered two work related accidents as a mechanic for American Airlines. The first accident in to the right knee occurred in July 2004 and resulted in a partial menisectomy and no prolonged sequelae. The worker was symptom free until a second accident in January 2007when he slipped and fell on both knees and hands. The insurance company authorized 28 medical office visits, 15 Hyalgan injections, 14 aspirations and physical therapy for treatment to his right knee. A diagnosis was made by the treating physician and the insurance company refused the injured worker a total knee replacement claiming that the medical condition was unrelated to the 2nd accident of January 2007.

The workers' compensation Judge ordered an independent medical evaluation by a renowned specialist in knee and hip replacements, Mark A, Hartzband of the Hackensack University Medical Center. The judge concluded that, "Dr, Hartzband opined that petitioner's need for a right total knee replacement was directly and causally related to the accident of January 17, 2007."

The court also found that the insurance company's treating physician, who opined that the 2nd accident was unrelated to the need for a knee replacement, was "disingenuous given the contents of his office chart," and reasoned that the insurance company's authorized treating physician did not have an understanding of arthritis and its progression.

The court granted the injured workers' motion for medical treatment, evaluation and scheduling of the right knee replacement, and ordered the payment of temporary medical benefits.

Pepe v. American Airlines, CP No. 2008-5878, NJ DWC 2010), Decided November 11, 2010.

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Designing the New Federal Workers Compensation Program

The trend toward Federalization of workers’ compensation benefits took a giant step forward by recent Presidential action creating the British Petroleum Oil Compensation Fund. While the details remain vague, the broad and sweeping concept of inclusiveness is more than obvious.

This is not a surprising turn of events. It is entirely consistent with a broad pattern to sweep the ailing and fragmented patch work of state programs into a unified Federal program. In an era of economic depression, national health care reform and major workforce changes this approach is consistent with the underlying bipartisan national philosophy.

Columnist and an expert in the field, Peter Rousemaniere, recently concluded an analysis of system’s failures that have literally pushed workers’ compensation into a federalized program. “The states and workers' compensation insurers have for decades weaseled on the promise to protect workers from occupational illnesses and to honor their claims.” 

The knee jerk reaction, one would think, would be this could never happen because of interested stakeholders. In reality, they have been silently distracted by more far reaching issues and have been economically drained of resources to the point where they’ll take anything the Federal Government can offer to save them from extinction.

The Federal government is not unfamiliar with the administration and distribution of benefits. Since 1882 the federal government has been providing benefits to injured workers and their widows:  in 1900 the postal workers compensation system was established; in 1908 the Federal government established a program for those who work in hazardous environments; and, in 1932 the Social Security Administration was established. However, the Social Security Act did not embrace workers’ compensation in 1932 since the primary goal of the law was to reduce unemployment. 

The federal programs have produced a dismal result over the last few years.  The Federal Victims Compensation Fund, enacted following the horrific tragedy of September 11^th, 2001, has a very strict eligibility criteria and a limited recovery scheme.  The Smallpox Emergency Personnel Protection Act of 2003 (SEPPA) was enacted following an aborted vaccination program after the government reluctantly disclosed available medical research concerning potential fatal cardiovascular reactions.  A risk analysis demonstrated that this program may not have been needed at all but was merely implemented to sway public opinion.  Ultimately, the federal government halted the Smallpox Vaccination Program and funded $100 million for the purpose of cleaning up the legacy of adverse medical reactions and to ease the burden placed upon the victims and their estates that were struggling to obtain benefits under State compensation programs.

The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) (P.L.106-398) was enacted into law in October, 2000 with strong bipartisan support. EEOICPA established a program to provide compensation to employers of the Department of Energy (DOE), its contractors and subcontractors, companies that provided beryllium to DOE, and atomic weapons employers.

The Federal health care reform is a big Federal deal for workers’ compensation as it establishes the Libby Health Care Plan with far reaching impact by involving Medicare to deliver health care. The ongoing integration of conditional payments (Medicare Secondary Payer Act and mandatory reporting) as well as the review of all compromises concerning  the provision of future medical care (Workers Compensation Medical Set-aside Agreements) is already anther Federal foot in the door to prevent what in the past was a tradeoff of medical care to US taxpayer without consideration.

While federalization may not be the panacea, the target remains to limit the cost of medical expenses and provide an efficient and remedial benefit delivery system at minimal cost for administration and to hold the appropriate parties financial responsible.  The costs of maintaining duplicate medical delivery systems for workers, major medical and workers’ compensation, continues to represent an unnecessary and costly duplicate expenditures in administration and management.

The BP-Federal Oil Compensation Plan is yet another attempt to find a solution. While it may not be perfect, hopefully it will be guided successfully and will learn from past Federal trials and errors dabbling in workers’ compensation. It is obviously not the perfect solution, but that may only exist as an unattainable goal. The first step is a comprehensive and integrated Federal workers’ compensation program. A step in the right direction would be for the Federal Government to take primary responsibility for all occupational workers’ compensation claims. This would be an innovated initial approach to implement a new Federally administered Workers’ Compensation system.

To read more about federalization and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.

Aggravation of Prior Knee Injury Compensable in Workers Compensation

A worker who suffered an injury to a knee with a pre-existing arthritic condition was awarded workers' compensation benefits. A Wyoming court of appeals reversed a trial level decision and found that evidence existed to sufficiently establish that a fall in the workplace resulted in a material degree to have aggravated the preexisting condition.

"The claimant has a previous history of significant obesity. At 5′2″ tall with weighing close to 250 pounds, she has had extensive and excessive weight bearing on her knees. The left knee has already been replaced secondary to severe end-stage degenerative arthritis. "

The Court held, "The evidence is undisputed that despite Judd's preexisting degenerative condition, she was able to work fulltime without restriction before her work injury, and after her work injury, she suffered debilitating pain that prevented her from putting weight on her knee and from working. The work injury brought Judd's need for surgery to a head, and the Medical Commission erred in denying benefits for the surgery. The case is reversed and remanded for the award of appropriate benefits."

Judd v. State ex. rel. Wyoming Workers' Safety and Compensation Div., ___P.3d____, 2010 WL 2541673 (Wyo. 2010) Decided June 25, 2010

To read more about knee injuries and workers' compensation click here.

Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.