Hospitals May Soon Be Reaching For The Stars

Should injured workers have the opportunity to select the "best rated" medical provider? The Federal government is looking forward to providing outcome base rating information. The workers' compensation system should utilize that information and allow injured workers to be able make an educated choice in seeking medical care. Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

Star wars may be coming to a hospital near you.

Medicare is considering assigning stars or some other easily understood symbol to hospitals so patients can more easily compare the quality of care at various institutions. The ratings would appear on Medicare’s Hospital Compare website and be based on many of the 100 quality measures the agency already publishes.

The proposal comes as Medicare confronts a paradox: Although the number of ways to measure hospital performance is increasing, those factors are becoming harder for patients to digest. Hospital Compare publishes a wide variety of details about medical centers, including death rates, patient views about how well doctors communicated, infection rates for colon surgery and hysterectomies, emergency room efficiency and overuse of CT scans.

In its proposed rules for hospitals in the fiscal year starting Oct. 1, the Centers for Medicare & Medicaid Services asked for ideas about "how we may better display this information on the Hospital Compare Web site. One option we have considered is aggregating measures in a graphical display, such as star ratings."

Private groups such as Consumer Reports, the Leapfrog Group and US News and World Report already issue hospital guides that boil down the disparate Medicare scores -- along with their own proprietary formulas -- to come up with numeric scores, letter grades or rankings.

But even before it's formally proposed, the possibility of the government rating...

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For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Read more about "medical treatment" and workers' compensation:

Workers' Compensation: What Medical Expenses Are Covered In A ...

Apr 15, 2013

The main difference is in Nebraska, as long as the worker elects a prior treating doctor to treat their injury (for example, the worker's family doctor), that doctor can dictate the medical care and refer them to others for treatment.

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

NJ Bayonne Medical Center - Highest Priced Medicine in the Nation

May 18, 2013

While workers' compensation insurance carriers may set approved fees or contract with providers, hospitals have huge disparities in the cost for medical care provided. Additionally, there appears to be no difference in the ...

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

NY Worker's Compensation Board Proposes New Medical - Workers ...

Nov 16, 2012

New York Worker's Compensation Board's proposed new medical treatment guidelines that will modify 2010 previously implemented. Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the ...

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

Obama Administration Delays and Simplifies Rules on Health Care

Jul 03, 2013

Read more about The Affordable Health Care Act: Workers' Compensation: Protecting Healthcare Workers. May 06, 2013. Kerri A. Thom, MD, MS, Assistant Professor of Medicine at the University of Maryland School of ...

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

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WHEN IS THE RIGHT TIME TO APPLY FOR SOCIAL SECURITY DISABILITY?

Today's post comes from guest author Susan C. Andrews from Causey Law Firm.

     We get many calls from folks who have been off work for a while, and are wondering if the time is right to place an application for Social Security Disability benefits. There are several program rules that should be kept in mind in making this decision.

Applications for Social Security Disability
now can be filed online.

      The first thing to know about Social Security Disability is that it is a program for people who have one or more health issues that prevent the person from working for a period of at least 12 continuous months. If you have not yet been off work for that length of time, but anticipate that may be the case, you may want to go ahead and apply, since the entire process can take months and, in some cases, a year or more, before a final decision is made. On the other hand, if you are fairly confident you will be able to get back to work before 12 months has passed, then holding off makes more sense.

  ...benefits can go back no more than one year from the date of the application. This is a matter of concern for those who hold off too long and, as a result, lose out on benefits to which they are entitled.

      To collect any benefits at all, one must satisfy the above-described 12-month duration requirement. That said, once a person has satisfied the 12-month rule, it also is helpful to know that benefits cannot begin until five full months after the date of the onset of disability. So, for example, if I am diagnosed with a cancer and, because of my treatment, I must stop working on June 7, 2013, (and I know, because of the course of proposed treatment, that I am likely to be off work for more than 12 continuous months), then I could apply right away, but benefits would not begin until December of 2013. The five full months that I must wait for benefits to begin (in this example, July through November) is called the waiting period. The month of June cannot be counted because it is not a full month.  Thus, if there is some possibility I might be able to return to work before 12 months has passed, depending on how my treatment goes, then I might want to hold off initially, to see how it goes.

Transportation Accidents: Data Recorders Will Soon Define Compensability of Accidents

Workers' compensation claims are often defined by whether the accident arose out of and in the course of the employment. New technology in the coming years maybe become critical evidence in determining the casual relationship of transportation accidents as well as whether the employee deviated from the employment at the time of the event.

Event Data Recorder

"....at the center of a growing debate over a little-known but increasingly important piece of equipment buried deep inside a car: the event data recorder, more commonly known as the black box.

"About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.

"The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.

Click here to read the entire article, "A Black Box for Car Crashes" NY Times

OSHA announces outreach campaign to protect health care workers from hazards causing musculoskeletal disorders

The U.S. Department of Labor's Occupational Safety and Health Administration today announced a campaign to raise awareness about the hazards likely to cause musculoskeletal disorders among health care workers responsible for patient care. These disorders include sprains, strains, soft tissue and back injuries.

"The best control for MSDs is an effective prevention program," said MaryAnn Garrahan, OSHA regional administrator in Philadelphia. "Our goal is to assist nursing homes and long-term care facilities in promoting effective processes to prevent injuries."

As part of the campaign, OSHA is providing 2,500 employers, unions and associations in the health care industry in Delaware, Pennsylvania, West Virginia and the District of Columbia with information about methods used to control hazards, such as lifting excessive weight during patient transfers and handling. OSHA is also providing information about how employers can include a zero-lift program, which minimizes direct patient lifting by using specialized lifting equipment and transfer tools.

Fashion Safety: US Endorses Bangladesh Action Plan

The following is a joint statement from the Department of Labor, Office of the United States Trade Representative, and the State Department:

"Today, the United States is outlining next steps in a longstanding effort to address in a meaningful way worker safety problems in Bangladesh — the severity of which were exemplified in the tragedies of the November 2012 Tazreen Fashions factory fire and the April 2013 Rana Plaza building collapse — and, more broadly, the ability of Bangladeshi workers to exercise their full range of labor rights.

On June 27, 2013, President Obama announced his decision to suspend Bangladesh's trade benefits under the Generalized System of Preferences (GSP) in view of insufficient progress by the Government of Bangladesh in affording Bangladeshi workers internationally recognized worker rights. That decision followed an extensive, interagency review under the GSP program of worker rights and worker safety in Bangladesh during which the U.S. Government encouraged the Government of Bangladesh to implement needed reforms. At the time of the announcement, the Administration provided the Government of Bangladesh with an action plan which, if implemented, could provide a basis for the President to consider the reinstatement of GSP trade benefits.

Privacy: Workers' Compensation Health Data Heading for Electronic Storage

Medical records are a significant aspect of workers' compensation claims and storing them is a significant issue. As claims are filed and litigation is pursed, medical records become critical evidence in evaluation claims and adjudicating decisions.

With the explosion of electronic medical records mandated by The Patient Protection and Affordable Health Care Act, the secure storage. retrieval and dissemination of medical records has become a challenge. Even though The Health Insurance Portability and Accountability Act of 1999 (HIPPA) mandates a privacy exclusion for workers' compensation claims, the medical records must remain protected and secure to maintain integretary and avoid unlawful access.

Missing from the equation are regulations from workers' compensation agencies to provide for the security and integrity of the records that have been widely disseminated within the workers' compensation system.

One company has has built a "Bunker" for health records.

Detroit's Bankruptcy Signals a Failure in Disability Compensation Programs in the US

The bankruptcy of the city of Detroit reflects not only an economic and social tragedy for America, but it also marks a failure of basic disability and compensation programs for the US workers. It is a sentinel event marking the end of a booming industrial era for the US, and its disability and retirement programs, and demonstrates the consequences of a benefit scheme built on empty promises for injured workers.

"Once the very symbol of American industrial might, Detroit became the biggest U.S. city to file for

bankruptcy Thursday, its finances ravaged and its neighborhoods hollowed out by a long, slow decline in population and auto manufacturing.

"The filing, which had been feared for months, put the city on an uncertain course that could mean laying off municipal employees, selling off assets, raising fees and scaling back basic services such as trash collection and snow plowing, which have already been slashed.

Click here to read the entire article: "Detroit Bankrupt: Kevyn Orr Asks Federal Judge The Place City Under Chapter 9 Bankruptcy Protection"

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How far do you have to go to accommodate a lifting restriction?

Today's post was shared by Lynch Ryan and comes from www.safetynewsalert.com

Due to a workplace injury, an employee had a permanent 20-pound lifting restriction. She applied for a position that required heavy lifting. Did the company have to accept her suggestion on how to accommodate her restriction?

Renee Majors worked at the General Electric (GE) Bloomington, IN, plant. In 2000, she suffered a work-related injury to her right shoulder that left her limited to lifting no more than 20 pounds and precluded her from work above shoulder level with her right arm.

The restrictions were temporary at first, but they were later determined to be permanent.

In 2009, Majors was the senior eligible bidder for a temporary purchased material auditor position under the collective bargaining agreement with GE. An essential function of the position was “intermittent movement of heavy objects.”

Construction Concerns for Firefighters: Trusses

Today's post was shared by Safe Healthy Workers and comes from www.fireengineering.com

Article and photos by Gregory Havel

Sometimes we get the impression from news stories and even from firefighting textbooks that the truss is a recent development in construction, and that the bowstring truss (photo 1) is the most hazardous in a fire.

A truss is a structural component that is made up of smaller members that are arranged in triangles and connected at their intersections. Individual truss members are either in compression or in tension. Trusses are usually used to span distances that are too long for conventional beams; or, in smaller dimensions, to reduce weight and cost during construction.

The structure in photo 1 was built around 1960, and used the bowstring truss so that there would be a large unobstructed floor area for retail sales and so that the roof would easily shed rain and melting snow. These trusses are usually built of either wood or steel, although some have wood for the top and bottom chords and steel for the web members. Bowstring trusses were originally designed for bridges, but became popular during World War II to support the long roof spans of aircraft hangers and manufacturing facilities.

Governor Christie Vetoes First Responder Workers' Compensation Bill

NJ Governor Chris Christie has vetoed legislation that would would have created a presumption that of compensability for first responders who contracted cancer. He calls NJ workers' compensation system "successful" as is.

S-1778/A-1196 (Greenstein/Stender, Egan, O’Donnell, Wimberly) – ABSOLUTE -  ‟Thomas P. Canzanella Twenty First Century First Responders Protection Act”; concerns workers’ compensation for public safety workers.

July 18, 2013 
SENATE BILL NO. 1778 
(First Reprint) 
To the Senate: 
 Pursuant to Article V, Section I, Paragraph 14 of the New 
Jersey Constitution, I am returning Senate Bill No. 1778 (First 
Reprint) without my approval. 
 Since New Jersey’s workers’ compensation law was enacted 
more than a century ago, the unique circumstances surrounding 
workplace injuries of all employees – including our State’s 
public safety workers – have been considered in the context of 
the fact-sensitive circumstances surrounding each incident. 
This time-tested process appropriately balances all facts 
necessary to determine a proper compensation award. In 
contrast, this bill alters that careful balance by providing 
public safety workers with a presumption to workers’ 
compensation, rebuttable only by clear and convincing evidence. 
This sweeping new standard would apply to disabilities 
associated with an array of enumerated incidents and, in some 
cases, disabilities not tethered to any work-related incident at 
all. 
As a State, we must continually recognize the selfless 
contributions of our first responders. Day in and day out, 
these brave women and men make enormous sacrifices in order to 
ensure our collective safety, health, and well-being against all 
manner of threats. That essential public service, and the costs 
associated with the injuries those duties may cause, must be 
administered in a responsible manner that matches our public 
resources. Although this measure would likely have a 
significant impact on State, local, and municipal government 
budgets, the bill’s sponsors refused to obtain a fiscal analysis 
or refer the bill to either house’s respective budget  
committees. Regrettably, the Legislature’s failure to pursue 
the responsible course of thoroughly reviewing the significant 
changes to a successful and long-standing system, and the 
corresponding impact of this proposal on taxpayers, prevent my 
approval. 
Our public safety workers are vital to our State and I am 
committed to ensuring their well-being and protection. Reasoned 
suggestions for improving those practices should be openly and 
honestly evaluated. While I welcome a discussion on new ways to 
enhance the lives of emergency responders, the truncated and 
insufficient manner in which this proposal was prepared and 
passed is not consistent with our responsibility as elected 
representatives of all citizens. 
 Accordingly, I herewith return Senate Bill No. 1778 (First 
Reprint) without my approval. 
Respectfully, 
 [seal] /s/ Chris Christie 
 Governor 
Attest: 
/s/ Charles B. McKenna 

Chief Counsel to the Governor 

Read more about workers compensation and Governor Christie

NJ Governor Christie to Propose Workers' Compensation Reform

Apr 23, 2013

“'We're going to be coming up with a package of proposals that's going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight. 'The employers who may not be stepping up and meeting ...

http://workers-compensation.blogspot.com/
....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

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California Trial Starts Against Lead Paint Industry for Creating a Public Nuisance

After years of pre-trial arguments and following the denial of summary judgment motions by lead paint companies, Sherwin Williams and NL Industry, the case brought by several California entities has commenced in California.

"The lawsuit differs from other unsuccessful attempts in seven other states to sue lead

paint manufacturers by arguing the companies violated state public nuisance laws, rather than health laws. Government lawyers won’t have to show that specific individuals were harmed in a direct way, only that the industry assisted in the creation of a public nuisance."

Click here to read the complete article: "$1 Billion Lead Cleanup Lawsuit Underway after 13 Years of Legal Maneuvering" 

Administration Urges Rate Changes for US FELA Benefits

Gary Steinberg, Acting Director Office of Workers' Compensation Programs,  U.S. Department of Labor Acting testified before the Subcommittee on Workforce Protections Committee on Education and the Workforce, U.S. House of Representatives,  on July 10, 2013

"Thank you for inviting me to this important hearing today. As you know, the Department of Labor's

Gary Steinberg, 
Acting Director Office of Workers'
Compensation Programs, 
U.S. Department of Labor,

(DOL) Office of Workers' Compensation Programs (OWCP) administers a number of workers' compensation programs, including the Federal Employees' Compensation Act (FECA) program, which covers 2.7 million Federal and Postal workers and is one of the largest self-insured workers' compensation systems in the world.

I appreciate the opportunity to discuss legislative reforms to FECA that would enhance our ability to assist FECA beneficiaries to return to work, provide a more equitable array of FECA benefits, and generally modernize the program and update the statute. Almost 97 years ago, on September 7, 1916, Congress enacted FECA to provide comprehensive Federal workers' compensation coverage to all Federal employees and their survivors for disability or death due to an employment injury or illness.

Lead Paint - Industry Has Yet to Meet Its Responsibility

Bill Moyers recently interviewed Gerald Markowitz and David Rosner, public health historians and authors of several books, including Lead Wars, about the politics of toxic substances. 

"And the industry said over 50 years ago that this was an insoluble problem, it was a problem of, caused by slums, it was a problem caused by who they called uneducable parents. And so that they washed their hands of the problem and they have still washed their hands of the problem. Parents have played, excuse me, paid the cost of lead poisoning. Landlords have even paid the cost of lead poisoning. The government has paid the cost of lead poisoning. The industry has not paid to get that lead off the walls so future generations of children can be protected." Gerald Markowitz

Click here to see the entire video recording of the program: "Toxic Disinformation" aired on PBS May 17, 2013.

California Public Entity Lead Paint Lawsuit Trial Starts (Bloomberg 7.15.13)

OSHA Targets Occupational Exposure to Isocyanates

The Occupational Safety and Health Administration today announced a new National Emphasis Program to protect workers from the serious health effects from occupational exposure to isocyanates. OSHA develops national emphasis programs to focus outreach efforts and inspections on specific hazards in an industry for a three-year period. Through this NEP, OSHA will focus on workplaces in general, construction and maritime industries that use isocyanate compounds in an effort to reduce occupational illnesses and deaths.

"Workers exposed to isocyanates can suffer debilitating health problems for months or even years after exposure," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "Through this program, OSHA will strengthen protections for workers exposed to isocyanates."

Isocyanates are chemicals that can cause occupational asthma, irritation of the skin, eyes, nose and throat, and cancer. Deaths have occurred due to both asthma and hypersensitivity pneumonitis from isocyanates exposure. Respiratory illnesses also can be caused by isocyanates exposure to the skin. Isocyanates are used in materials including paints, varnishes, auto body repair, and building insulation. Jobs that involve exposure to isocyanates include spray-on polyurethane manufacturing, products such as mattresses and car seats and protective coatings for truck beds, boats, and decks.

New App to Keep Workers Cool and Safe

OSHA has introduced a new application to protect workers from heat-related illness.

"The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple "click," you can get reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness-reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness."

Alleged Claim of Assault by Employer Results in a Dismissal

A car salesman, who alleged that his employer punched him in the ear, was denied workers' compensation benefits. The claimant, who presented a claim for total permanent disability, was unsuccessful, after the trial judge found the worker just not credible.

The judge, Ronald Allen, NJ Judge of Compensation, based his dismissal on the evidence, after the

employer testified that the accident never occurred  the worker never filed a criminal complaint against the employer, and the the employee did not seek immediate medical treatment.

The employer's medical expert, Dr. Aragona, testified that the employee lacked complaints and  the clinical neurological examination was normal.

Furthermore, the Judge found that the petitioner's expert did not take into consideration a serious prior medical condition.

The Appellate Court held that it would not disturb the trial decision as there was insufficient evidence the the trial Judge's credibility determinations were in error.

Schofel v. Route 22 Nissan, NJ App Div A-5924-11T4, Decided July 11, 2013.

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• Opioid Use in Workers' Compensation

Connecticut Employers Shut Down For Not Paying Workers' Compensation Insurance

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

In these tough economic times, many companies aren’t paying basic requirements for their employees like Social Security, income taxes, unemployment, or workers’ comp. This has led states all over the country to start doing spot-checks on construction sites.

Employers beware – protect your workers with workers’ compensation insurance – it’s the law, and states are cracking down. Just this week

Connecticut’s Labor’s Wage & Workplace Standards Division shut down two subcontractors who were helping to build a high-rise in Stamford, CT.

According to the state, the Virginia-based contractors couldn’t provide evidence that their employees had workers’ compensation coverage in the state of Connecticut. With unemployment high and the recession lingering, employers seem to be increasingly taking advantage of the fact that people are willing to work without appropriate coverage.

 It is a real shame that these days so many people are going to work without the protections that they are due under the law.

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Zadroga 9-11 Fund to Make Payments for Prostate Cancer

On May 2, 2013, the Administrator of the World Trade Center (WTC) Health Program received a petition (Petition 002) requesting the addition of prostate cancer to the List of WTC-Related Health Conditions (List) covered in the WTC Health Program. The Administrator has determined to publish a proposed rule adding malignant neoplasm of the prostate (prostate cancer) to the List in the WTC Health Program regulations.

Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services

Department on 07/02/2013

For more information about filing a claim click here.  Click to submit a case inquiry.

Related information about Zadroga 9-11 Claims:

The James Zadroga 9/11 Health & Compensation Act of 2010

Feb 16, 2011

On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...

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

New York Dignitaries Celebrate The Zadroga Act Taking Effect

Jul 01, 2011

Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment ...

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

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

Jul 26, 2011

The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund. The report ...

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

Zadroga Health Fund: Utility Workers Suffer Increased Anxiety

Feb 24, 2011

The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

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