Workers' Compensation

Monday, June 24, 2013

OSHA settles with Nebraska-based ConAgra Foods to protect workers from anhydrous ammonia

ConAgra Foods, Inc. dba Lamb Weston, Inc. has signed a settlement agreement with the U.S. Department of Labor's Occupational Safety and Health Administration to protect workers at five of its facilities from the release of anhydrous ammonia from refrigeration systems.

The agreement protects workers at Idaho, Arkansas, Missouri and Ohio facilities of the Nebraska-

based company. It requires ConAgra to implement controls to reduce hazards associated with release of ammonia from low pressures receivers.

"This agreement ensures that ConAgra will protect workers from releases of ammonia by enclosing older LPRs that were not already enclosed, and by providing other controls such as normal and emergency ventilation to prevent exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's corporate-wide settlement agreements are highly effective tools for ensuring that companies take a systemic approach to addressing hazards that can injure or kill their workers."

OSHA's Process Safety Management standard requires employers to document that equipment that was designed to meet codes and standards no longer in general use is still safe to operate under OSHA standards. OSHA originally cited ConAgra for failing to determine whether these older LPRs were being operated safely.

Under the agreement, ConAgra will implement administrative and engineering controls at the covered LPRs to control hazards associated with the release of ammonia. This includes building enclosures around equipment that is not already enclosed. Each enclosure must include normal and emergency ventilation that meets specified requirements, automatic switches for both normal and emergency ventilation and ammonia detection alarms. Egress doors for the enclosures will be required to include panic hardware and to swing in the direction of egress.

The agreement is the result of an inspection conducted at the company's American Falls, Idaho, facility, initiated under OSHA's PSM Covered Chemical Facilities National Emphasis Program, established to reduce or eliminate the workplace hazards associated with the catastrophic release of highly hazardous chemicals.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

The 12 Things You Must Do If You Are Hurt At Work

Today's post comes from guest author Paul J. McAndrew, Jr. from Paul McAndrew Law Firm.

Injured workers call me all the time asking me what they need to do to make sure they protect their legal rights. If you are hurt on the job, whether it is due to an acute traumatic injury (like cutting yourself on a saw), cumulative-trauma injury (like carpal-tunnel syndrome) or some other job-related injury, there are several basic things you should do. If you do not do any of the things on the list below, you may lose your rights under workers’ compensation law.

Although there may be rare exceptions to this list, following it will leave you reasonably secure that your rights are protected:

Report the injury. By “injury,” I mean almost any condition including but not limited to (a) an acute traumatic injury, (b) a cumulative-trauma injury, or (c) a disease or a hearing loss. You should report the injury to your supervisor or company nurse (for clarity we’ll just call these people your Supervisor from here on out), making clear your injury was caused by work. Under Iowa law, you need to make the report within 90 days of the date of your injury.
Make sure your Supervisor prepares a company accident report. If your Supervisor won’t prepare the report,

NJ Workers' Compensation Judge Looses Her Own Case

A NJ Workers' Compensation judge was denied benefits after sustaining injuries as a result of a motor vehicle accident while traveling from her home to a NJ workers' compensation district courthouse that she was supervising.

The Appellate Court, affirming a trial court dismissal, ruled, that even though the judge was afforded mileage reimbursement. The Court stated that there was no proof that her commute to work was part of her actual work day. It also reasoned that there was no "special hazards" incurred by the travel, nor was it considered a "special mission." Therefore, the denial of benefits was affirmed under the "coming and going" rule.

Audrey Kernan v. State of NJ, Docket A-4261-11T4 (Decided June 19, 2013)

Read more about "The Coming and Going Rule" and workers' compensation:

Single Payer A Possibility for New York City Employees

The single payer medical benefit system, a program that brings workers compensation into a universal care program, maybe the future for NY City employees. Anthony D. Weiner, a Democratic Candidate, is proposing the change.

"Vowing to “make New York City the single-payer laboratory in the country” if he is elected

mayor, Anthony D. Weiner on Thursday presented an ambitious plan to create a Medicare-like system for the coverage of municipal workers, retirees and uninsured immigrant residents left out of the Affordable Care Act."

Click here to read: "Weiner Wants City to Test Single-Payer Health Care" The NY Times

NJ Uninsured Fund Cracks Down on Uninsured Employers

It has been reported tat the NJ Uninsured Fund is vigorously seeking reimbursement for assessments and penalties from employers who do not have workers' compensation insurance.

In a recent case, a former employer was required to reach a deal with the NJ Attorney

General's Office to repay $111,813.00. It was reported that the former employer had to mortgage his house for repayment in order to avoid a potential 18 month prison term and a $10,000 fine in addition to the assessment.

Click here to read: Franklin Lakes business owner must mortgage home to avoid jail in workers compensation case

Distracted Walkers Are a Workplace Hazard

Over the last 2 days I watched at least a half-a-dozen people walking in the streets with a cellphone in their hands, and totally ignoring all traffic signals and vehicles around them. We are too quick to blame workers for causing all accidents through the use of cellphones. Pedestrians on many occasions ignore all reason and logic, and walk in front of vehicles oblivious to the world.

Read: Distracted Walking: Injuries Soar for Pedestrians on Phones

Cell Phone Use Not Just Dangerous for Drivers, Study Finds

"More than 1,500 pedestrians were estimated to be treated in emergency rooms in 2010 for injuries related to using a cell phone while walking, according to a new nationwide study."

A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare

After last night's NBA title victory by the Miami Heat*, it has been reported that The Obama Administration is seeking to recruit LeBron James to sell Obamacare (The Affordable Care Act)

Photo Credit: whitehouse.gov

Perhaps that idea could be mirrored in the effort to defend traditional workers' compensation programs as more beneficial systems than Opt-Out systems and the denial of benefits for professional athletes.

Read: White House seeks NBA assist on Obamacare

*Heat Melt Spurs To Win Second Consecutive NBA Title
LeBron James had 37 points and 12 rebounds and the Miami Heat repeated as champions with a 95-88 victory over the San Antonio Spurs in Game 7 of the NBA Finals ....
More at NPR.org:
http://n.npr.org/NPRI/jN414323625_1737920_1737919_Z.htm

Criminal Charges Urged Against Sedgwick

Injured Workers’ Advocates Seek Criminal Penalties for Death After Insurer’s “Callous Indifference, Reckless Disregard of Care”

"Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?"

Several attorneys from the Central Coast Chapter of the California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, held a news conference today on the steps of the Ventura County District Attorney Gregg Totten’s (DA) office and called for the DA to file criminal charges against a claims adjuster for Sedgwick Claims Services, and against Sedgwick itself, for their callous indifference to, and reckless disregard for, the health and welfare of Charles Romano, a Ralph’s Grocery Co. worker, which resulted in his death.

“Even after a judge determined Charles’ illness was a result of his work injury, the insurance carrier continued to refuse medical care. Charles soon died,” said Jill Singer, a Ventura workers’ compensation insurance attorney, and Central Coast CAAA Chapter President. “Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?”

Sid Freeman was Charles Romano’s friend, and helped care for him during the final months of his life. “Charles and I were friends for over 27 years. He was like a brother to me. Charles was only in his 40’s when he was injured on the job. He had surgery to repair his injuries and afterwards contracted a highly resistant staph infection that attacked his lungs, kidneys and paralyzed him,” said Freeman. Sedgwick, the insurer, refused to pay for the necessary care for the infection. Ms. McDivitt, the claims adjustor, said the infection was unrelated to Charles’ work injury. This lack of needed care led to a horrific downward spiral in Charles’ health. Sedgwick drove Charles to want to die. He said, ‘I’m tired of having to fight for everything.’ Two weeks later, he died.”

Making The Path More Difficult for Asbestos Victims

The House Judiciary Committee has marked-up and passed legislation that will make it more difficult for asbestos victims to obtain benefits. Ironically these perennial legislative efforts make it more difficult for those who served the US in various capacities, including military service.

The legislation, entitled, Furthering Asbestos Claim Transparency Act (FACT) of 2013, allows asbestos companies and their insurers to go on a fishing expedition, to make it more difficult to obtain even reduced benefit payments.

The NY Times, in an Editorial, wrote, "The bill would also increase the burden on claimants to supply information. But it puts virtually no burdens on asbestos companies, like disclosing the settlements they have reached with plaintiffs or requiring them to reveal where their products were used and when, so that workers know which companies or trusts might be liable for their injuries."

Wednesday, June 19, 2013

NIOSH Makes Ladder Safety Easier Through an App

The National Institute for Occupational Safety and Health (NIOSH) announces the availability of a new Ladder Safety smart phone application (app). This new app uses visual and audio signals to make it easier for workers using extension ladders to check the angle the ladder is positioned at, as well as access useful tips for using extension ladders safely. The app is available for free download for bothiPhone

and Android

devices.

Falls from ladders are a common source of preventable construction injuries. Misjudging the ladder angle is a significant risk factor for a fall. If the ladder is set too steep it is more likely to fall back or away during use, and if it is set too shallow then the bottom can slide out.

“The ladder safety app is an innovative way to help keep workers safe and a tool to reduce these preventable injuries,” said NIOSH Director John Howard, M.D. “The development of this smart phone app also demonstrates how we are constantly working to make science-based practical information accessible to workers and employers in a way they need and can easily use.”

The app provides feedback to the user on positioning the extension ladder at the optimal angle. It also provides references and a safety guide for extension ladder selection, inspection, accessorizing, and use. It was developed with input from the ANSI A14 committee on Ladder Safety, the American Ladder Institute, and other stakeholders.

NIOSH collaborated with DSFederal on the final development and testing of the app before release. The app is based on a multimodal inclination indicator for ladder positioning that has been recently awarded a US patent. To learn more and download the Ladder Safety app visithttp://www.cdc.gov/niosh/topics/falls/ and to learn about the campaign to prevent falls in construction go to http://www.cdc.gov/niosh/construction/stopfalls.html. NIOSH is the federal agency that conducts research and makes recommendations for preventing work-related injuries, illnesses, and deaths. For more information about our work visithttp://www.cdc.gov/niosh/.

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Monday, June 17, 2013

Overpayment Of Unemployment Due To Payment of Workers’ Compensation Benefits – NOW WHAT?!?

Today's post comes from guest author Kit Case from Causey Law Firm.

Injured workers transition from time loss compensation under their workers’ compensation claim to unemployment compensation when they are released to return to work but do not have a job available to them. In many cases, disputes arise as to whether the release to work and termination of workers’ compensation payments is appropriate. Often, the worker tries to find physically-appropriate work while collecting unemployment compensation during the dispute process but, once their attorney secures payment of back benefits under the workers’ compensation claim, an overpayment of unemployment benefits has occurred due to the overlap between the two systems. When this happens, workers should:

Notify the unemployment insurance system that they are continuing to seek payment from the workers’ compensation system, but that they are involved in an appropriate job search during the dispute process.
Immediately share with the workers’ compensation attorney any notices or orders received from the unemployment insurance system. These are usually NOT mailed to the attorney of record in a workers’ compensation claim and the notices often have limited time periods within to file a protest or request for reconsideration of the determination.
Hold in savings from the workers’ compensation payment the claimed unemployment overpayment amount during the dispute process until a final overpayment notice has been issued, or have the workers’ compensation attorney hold this amount in their trust account. If this is not possible, be prepared to enter into a repayment agreement with the unemployment insurance system once a final overpayment figure has been determined.
Seek assistance from the workers’ compensation attorney to document all attorney fees and costs paid as part of the effort to obtain back benefits under the workers’ compensation claim. Submit this documentation to the unemployment insurance system and request a reduction in the claimed overpayment to take these attorney fees and costs into account.
Continue to send any notices or orders to the workers’ compensation attorney.
Once the overpayment has been repaid, check to see if the receipt of workers’ compensation back benefits changes your tax obligations. In many states, workers’ compensation payments are not taxable income, but unemployment benefits are taxable. If there is a significant payment of back benefits under the workers’ compensation claim, it may be worthwhile to file an amended tax return with the IRS to document the lower taxable income figure.

Read more about "benefits" and workers' compensation:

Compensation Settlements Affect Social Security Benefits - Workers ...

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It is fairly common for an injured worker to receive Social Security disability benefits and also receive a settlement for workers' compensation. According to Social Security, “If you receive workers' compensation or other public ...

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Workers' Compensation: Truckers are often entitled to benefits from ...

Apr 08, 2013

Truckers are frequently entitled to benefits from multiple states for an injury. Each state sets rules for applying its workers' compensation laws. Virtually all states cover accidents that happen in that state. Many states allow ...

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Workers' Compensation: Black Lung Benefits Act: Standards for ...

Jun 16, 2013

Accordingly, the Department's regulations implementing the Black Lung Benefits Act allow the submission of radiographs in connection with benefit claims and set out quality standards for their performance. These standards ...

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Democratic Bill to Provide Lifetime Workers' Compensation Benefits ...

Jun 13, 2013

Legislation sponsored by Assembly Democrats Annette Quijano, Valerie Vainieri Huttle, Jason O'Donnell, Ruben Ramos and Nelson Albano to provide lifetime workers' compensation benefits to surviving spouses of fire and ...

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

Proposed Medicare Payment Reductions Will Impact Workers' Compensation Costs

A government Medicare advisory panel reported on Friday that sweeping changes should be implemented to reduce increasing medical costs, including higher costs associated with hospital purchased physician practices. The impact of those proposed adjustments will significantly impact the national workers' compensation systems because of both direct and indirect links between the two programs, including medical fee schedules, and Medicare Secondary Payment reimbursements.

The Medicare Payment Advisory Commission (MedPAC) releases its June 2013 Report to the Congress:
Medicare and the Health Care Delivery System.

According to Commission Chair Glenn Hackbarth, “This report can inform a dialogue about future
directions for the Medicare program, as well as about technical refinements to existing Medicare
payment policy. Whether broad or narrow, the Commission’s work aims to balance the interests of
Medicare beneficiaries, health care providers, and tax payers.”

Redesigning the Medicare benefit. In the report, the Commission continues its discussion of
possible ways to redesign the Medicare benefit by focusing on the concept we refer to as competitively
determined plan contributions (CPC). Under CPC, Medicare beneficiaries could receive care through
either a private plan or traditional fee-for-service (FFS), but the premium paid by the beneficiary might
vary depending on the coverage option they choose. How much the federal government pays for a
beneficiary’s care would be determined through a competitive process comparing the costs of available
options for coverage. The report identifies key issues to be addressed if the Congress wishes to pursue a
policy option like CPC. These include how benefits could be standardized for comparability, how to
calculate the Medicare contribution, the role FFS, and the structure of subsidies for low-income
beneficiaries.

Reducing Medicare payment differences across sites of care. Medicare’s payment rates often
vary for similar services provided to similar patients, simply because they are provided in different sites of
care. For example, Medicare pays 141 percent more for one type of echocardiogram when done in a
hospital outpatient department than when it is done in a freestanding physician’s office. If Medicare pays a
higher rate for a service in one setting over another, program spending increases and beneficiaries pay
more in cost sharing without a corresponding increase in quality of care.

The Commission previously recommended reducing the rate Medicare pays for basic office visits from the
payment rate in the outpatient setting to the physician office rate. Using similar criteria, this report identifies
additional services that may be eligible for equalizing or narrowing payment differences across settings.
Bundling post-acute care services. Each year, about one-quarter of Medicare beneficiaries receive
care following a hospitalization from a post-acute care provider, such as a skilled nursing facility, home
health agency, or inpatient rehabilitation facility. However, nationwide the use of these services varies
widely, for reasons not explained by differences in beneficiaries’ health status. Under traditional
Medicare, the program pays widely varying rates for different settings and—characteristic of FFS—pays
based on the volume of care provided, without regard to quality or resource use.

Medicare has begun to explore the possibility of bundling services as a way to encourage providers to
coordinate and furnish needed care more efficiently. In this report, the Commission explores the
implications for quality and program spending for different design features of the bundles, such as the
services included, the length of time covered by the bundle, and the method of payment.

Reducing hospital readmissions. In 2008, the Commission recommended a hospital readmissions
reduction program to improve patient experience and reduce Medicare spending. In 2012, Medicare
began such a program, penalizing hospitals that have high rates of Medicare beneficiaries being
readmitted to the hospital within 30 days of discharge. The readmission penalty has given hospitals a
strong incentive to improve care coordination across providers, and for that reason Medicare should
continue to implement the policy. In this report, the Commission suggests further refinements to
improve incentives for hospitals and generate program savings through reduced readmissions rather than
higher penalties.

Payments for hospice services. The Medicare hospice benefit provides beneficiaries an important
option for end-of-life care. At the same time, the Commission has identified several problems in the way
Medicare pays for hospices that may lead to inappropriate use of the benefit. The report presents
information on the prevalence of long-stay patients and the use of hospice services among nursing home
patients—both of which may inform policy development in the hospice payment system in the future. It
also presents further evidence to support the Commission’s March 2009 recommendations to revise the
hospice payment system.

Improving care for dual-eligible beneficiaries. Beneficiaries eligible for both Medicare and
Medicaid—many of whom have complex medical and social needs—often have trouble accessing
services and receive little care coordination, resulting in poorer health outcomes and higher spending
relative to other beneficiaries. Programs that coordinate dual-eligible beneficiaries’ Medicare and
Medicaid benefits have the potential to improve care for this population. In the report, the Commission
notes that federally qualified health centers and community health centers may be uniquely positioned to
coordinate care for dual-eligible beneficiaries because they provide primary care, behavioral health
services, and care management services, often at the same clinic site.

Mandated reports. The report includes three chapters that fulfill Congressional mandates: one on
Medicare ambulance add-on payments, a second on geographic adjustment of fee schedule payments for
the work effort of physicians and other health professionals, and a third on Medicare payment for
outpatient therapy services. In each case, the Commission considers the existing policies—which are not
permanent statutory provisions—and examines the effect of their continuation or termination on
program spending, beneficiaries’ access to care, and the quality of care beneficiaries receive, as well as
their potential to advance payment reform.

The three congressionally mandated reports are described in further detail in separate fact sheets, posted
on MedPAC’s website. The full report can be downloaded from MedPAC’s website:
http://medpac.gov/documents/Jun13_EntireReport.pdf

Read more about Medicare and Workers' Compensation

Workers' Compensation: NJ Court Approves Medicare Set-Aside ...

May 18, 2013

A NJ Superior Court deemed a proposed Medicare Set-Aside Agreement to be satisfactory to protect Medicare's interests and granted a Motion to Enforce a Pending Settlement. This action by the Court was taken after CMS ...

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

CMS Publishes Brand New Reference Guide for Medicare Set-Aside

Mar 29, 2013

A new Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide has been posted and is available to be downloaded on the CMS (Centers for Medicare & Medicad Services) website.

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

Workers' Compensation: Obama signs MSP Medicare bill

Jan 11, 2013

"The legislation changes the way Medicare collects money from people whose negligence caused a patient to incur medical bills. Murphy said the new law will streamline an outdated process, making it easier to close cases ...

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

Copyright

Monday, June 24, 2013

OSHA settles with Nebraska-based ConAgra Foods to protect workers from anhydrous ammonia

The 12 Things You Must Do If You Are Hurt At Work

Sunday, June 23, 2013

NJ Workers' Compensation Judge Looses Her Own Case

Single Payer A Possibility for New York City Employees

NJ Uninsured Fund Cracks Down on Uninsured Employers

Saturday, June 22, 2013

Distracted Walkers Are a Workplace Hazard

Friday, June 21, 2013

A Lesson: The White House Seeks To Enlist LeBron James to Sell Obamacare

Criminal Charges Urged Against Sedgwick

Thursday, June 20, 2013

Making The Path More Difficult for Asbestos Victims

Wednesday, June 19, 2013

NIOSH Makes Ladder Safety Easier Through an App

Monday, June 17, 2013

Overpayment Of Unemployment Due To Payment of Workers’ Compensation Benefits – NOW WHAT?!?

Proposed Medicare Payment Reductions Will Impact Workers' Compensation Costs

Copyright

Monday, June 24, 2013

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Sunday, June 23, 2013

Saturday, June 22, 2013

Friday, June 21, 2013

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Thursday, June 20, 2013

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