Workers' Compensation

Wednesday, August 21, 2013

Calif. judge denies Sherwin Williams motion in lead paint trial

Today's post was shared by Legal Newsline and comes from legalnewsline.com

SAN JOSE, Calif. (Legal Newsline) — A California judge denied paint maker Sherwin Williams’ motion for summary judgment at the opening of trial Monday in Santa Clara County Superior Court.

Kleinberg

Judge James Kleinberg’s ruling came before the defense started its second day of arguments. The judge also kept defendant ARCO’s summary judgment motion under submission.

Ten cities and counties in California — including Los Angeles County and the cities of San Diego and San Francisco — filed The People of California v. Atlantic Richfield Company et al., which seeks the companies and parent companies of one-time lead-based paint makers pay for an abatement program — eliminating lead paint from homes in their jurisdictions — to protect public health.

Plaintiffs claim the lead paint is a public nuisance. Defendants include The Sherwin-Williams Company, ConAgra Grocery Products, DuPont and Atlantic Richfield Company.

During Monday’s morning session, defense attorney Don Scott called to the stand pediatrician and historian Dr. Peter English who testified that what is known about child lead exposure, pathways into the body, toxicity levels and how public health officials have communicated their knowledge has changed radically over the past century.

Before court adjourned for a lunch break, the plaintiff’s attorney began his cross examination of English.

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Pa., N.J. Insurers Gearing Up For Obamacare Business

Today's post was shared by Kaiser Health News and comes from capsules.kaiserhealthnews.org

This story was produced in partnership with

With new federal rules and mandates, you’d think that health insurers would be beating the loudest drum in the repeal-the-Affordable Care Act band.

But they’re not, and there are a couple of reasons why.

The first is pretty obvious. Millions of uninsured people will be flooding the online exchanges when they open nationwide on Oct. 1, presenting companies with a tremendous opportunity to build their roles and revenues.

But that may not be the only reason. Even insured workers may soon be allowed to pick plans over online marketplaces, upending the traditional model of employers knowing best.

In any event, “the direct-to-consumer health insurance market is growing,” says Joel Cantor, a professor of health policy at Rutgers University. “Under the Affordable Care Act, 15 to 16 million people will be in that market for health insurance in the next year or so. That is a significant increase.”

Until the ACA was passed in 2010, health insurance was pretty much a business-to-business transaction. Insurers sold plans to employers acting as proxies for their employees. Once the ACA became law, insurers started refocusing their marketing strategies on consumers.

Many insurers in Pennsylvania and New Jersey are preparing to launch marketing efforts to educate consumers. Most of New Jersey’s large insurers, including Aetna, Horizon Blue Cross and Blue Shield, and AmeriHealth, will be in the state’s...

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Senate fails to revive workers' comp bill for first responders

The NJ Senate has been unable change the burden of proof required for First Responders to prove compensability. While some jurisdictions have multiple "presumptions of compensability" statutorily enacted, NJ has consistently maintained a minimal number. Today's post was shared by WCBlog and comes from www.nj.com

State Senate Democrats have failed to override Gov. Chris Christie's recent veto of a bill that would have made it easier for emergency first responders to obtain workers' compensation coverage when they get injured or contract a disease on the job during a terrorist attack or another catastrophic event.

The bill would have required the employer to challenge any work-related injuries and illness, shifting the burden away from nurses, firefighters, police officers, rescue squad members and other first responders who have to prove how and when they were hurt or sickened under the current system.

Wages and medical benefits would be paid if "any death or disability, including post traumatic stress disorder, arises from the physical or psychological impact of stress or injury experienced by the public safety worker during response to a terrorist attack, epidemic or other catastrophic emergency," according to the bill sponsored by Sen. Linda Greenstein (D-Middlesex).
Christie said while the state is grateful for the heroic work of its first responders, New Jersey can't afford this legislation.

Move Over, Richard Kiley. Here’s Why We Want to Combine Public Health Data with Health Care Data

Is it time to publicly merge workplace injury data with with health care delivery and re-engineer the system for greater efficiency. Prevention versus economic fiduciary interests of corporate American maybe be challenge. The economic savings in the long run may provide as major cost savings for workers' compensation insurance companies. Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org

On reflection, we think this goal isn’t so quixotic. We’ve been thinking more and more about bridging the worlds of health care delivery and public health—how those two systems relate to each other and can reinforce each other in ways that improve health outcomes for populations and for individuals. And we see harnessing data as part of the path to that goal.

Currently, we’re seeing an explosion of data production from all sectors in health and health care and an increasing interest in harnessing that data for all sorts of purposes. The recent Health Datapalooza conference—which is hosted by another collaborator on this News Challenge, the Health Data Consortium—saw 2200 people gather to explore health and health care data and its uses.

Parents and Educators Can Keep Young Workers Safe

Child labor continues in US and the safety issues are now a focus of OSHA's increased concern. Today's post was shared by US Dept. of Labor and comes from www.osha.gov

As parents and educators, you play an important role. Here is vital information you need to know.

Employers must provide a safe and healthful workplace and comply with OSHA standards to prevent injuries and illnesses. Employers must train new workers on job hazards and safe work practices in a language they understand. Employers must also pay for most types of required safety gear.
Child labor laws restrict the types of jobs and the hours that youth under age 18 can work. They also prohibit workers under age 18 from using certain equipment. Learn about the federal and state child labor laws that apply to young workers.
States may develop and operate their own job safety and health programs with federal OSHA's approval and monitoring. There are currently 22 states and jurisdictions operating complete state plans (covering both the private sector and state and local government employees) and five plans that cover public employees only. To learn if your state has its own job safety and health program, see State Occupational Safety and Health Plans.

The Occupational Safety and Health Administration (OSHA) is the agency of the Department of Labor (DOL) that protects workers from dangers on the job that can cause injuries or illnesses. OSHA is here to help you. Call us on our toll-free number: 1-800-321-OSHA (6742) or TTY 1-877-889-5627 to get answers to your questions, or to ask OSHA to inspect your workplace if you think there is a serious hazard. You can also submit...

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Bangladesh’s Workers Deserve Better

Fashion Safety and compensability payments are an important issue and one that originally framed US Workers' Compensation programs. Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

Four months after a building collapse killed more than 1,100 factory workers in Bangladesh, their families are still waiting for adequate — and in some cases, any — compensation. This is a shocking lapse by Prime Minister Sheikh Hasina and her government.

After the disaster at Rana Plaza, a poorly constructed eight-story building outside Dhaka, the capital, Ms. Hasina promised to give the relatives of those who died about $1,250 in cash and $19,000 in savings certificates — amounts that far exceed the roughly $1,250 that factory owners are legally required to pay per victim, but far from sufficient, considering that many victims were young women and men who had a whole lifetime ahead of them. The money was supposed to come from the government and from private donations by, among others, the factory owners.

But the government has yet to distribute most of that money. It has provided sums ranging from $1,250 to $5,000 to about 777 families, far short of the total compensation it had promised, according to the Solidarity Center, a Washington-based group that helps workers around the world form unions. Also, many of the remaining families have not received any aid at all because the government has not moved fast enough to identify nearly 300 bodies.

Compensating victims’ families in a tragedy as big as the collapse of Rana Plaza would strain the resources of a poor country like Bangladesh. But Ms. Hasina’s administration can do a much better job....

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Contaminated Soil and Debris to Be Removed From Superfund Site in South Plainfield, New Jersey

The U.S. Environmental Protection Agency has proposed a plan to address contaminated soil and debris at the Woodbrook Road Dump Superfund site in South Plainfield, New Jersey. Previous dumping of old electrical capacitors at the site has contaminated some of the soil with polychlorinated biphenyls (PCBs). PCBs are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems. Under the plan proposed today, contaminated soil and debris will be dug up and removed.

“This was a poorly run dump in the vicinity of the Dismal Swamp – a natural wildlife refuge and an important wetland,” said EPA Regional Administrator Judith A. Enck. “Some material that caused contamination, including electrical capacitors, has already been removed and now we will get rid of the contaminated soil. I encourage the public to give the EPA their input on this proposed cleanup plan.”

The EPA will hold a public meeting on August 26, 2013 to explain the proposed plan and is encouraging public comments. The meeting will be held at 7:00 p.m. at the South Plainfield Municipal Building courtroom at 2480 Plainfield Avenue in South Plainfield, NJ. Comments will be accepted until September 16, 2013.

The Woodbrook Road Dump Superfund site is located on land that was used as a dump in the 1940s and 1950s for both industrial waste and household waste until it was shut down by the state of New Jersey in 1958. Among the materials disposed of at the site were old electrical capacitors, which contained PCBs and had contaminated the soil. Under EPA oversight, the current owner of the property, Texas Eastern Transmission Corporation (TETCO), removed a number of PCB-contaminated capacitors, secured the site and placed warning signs around the area. The EPA added the Woodbrook Road Dump site to the Superfund list in 2003.

Under the EPA’s cleanup plan, as much as 120, 000 cubic yards of contaminated soil and debris will be dug up and disposed of at a facility licensed to receive the waste. All PCB-contaminated soil and debris above 1 part per million from both the Eastern and Western dump areas will be disposed of off-site. Wetland areas that are disturbed during the work will be restored. Ground water at the site is not contaminated with site-related chemicals. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups.

Read more about PCBs and workers' compensation:

Workers' Compensation: Cancer Alley: NJ Meadowlands to be ...

May 24, 2013

The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature ...

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Workers' Compensation: Oil, Cancer and The Promised Land

Jan 09, 2013

Historical conspiracies of silent were evident in the asbestos tobacco, lead and PCB industries resulting in epidemics of disease and death. "The development of Alberta's oil sands has increased levels of cancer-causing ...

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Workers' Compensation: EPA Adds the Riverside Industrial Park in ...

May 24, 2013

Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs). Benzene, mercury, chromium and ...

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Workers' Compensation: Asbestos Contaminates 772 New York City ...

Apr 16, 2011

Asbestos Contaminates 772 New York City Schools. The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating ...

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Monday, August 19, 2013

It's Complicated: Obamacare's Choices for People with Disabilities

Thought of as safety-net for those injured workers who are caught in disputed litigation over workers' compensation benefits, Obamacare option will provide a complicated insurance program with multiple offerings.

"The Affordable Care Act has set new standards — called essential health benefits — outlining what health insurance companies must now cover. But there's a catch: Insurance firms can still pick and choose to some degree which specific therapies they'll cover within some categories of benefit. And the way insurers interpret the rules could turn out to be a big deal for people with disabilities who need ongoing therapy to improve their day-to-day lives.

Read "Obamacare Presents Complex Choices For People With Disabilities"a recent article collaborated by NPR, Colorado Public Radio and Kaiser Health News.

Related articles

Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers

Viloence arising from workplace activities is a major cause of workers' compensation claims. Today's post was shared by US Dept. of Labor and comes from www.osha.gov

Training & Other Resource

This Workplace Violence website provides information on the extent of violence in the workplace, assessing the hazards in different settings and developing workplace violence prevention plans for individual worksites.

What is workplace violence?
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Homicide is currently the fourth-leading cause of fatal occupational injuries in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), of the 4,547 fatal workplace injuries that occurred in the United States in 2010, 506 were workplace homicides. Homicide is the leading cause of death for women in the workplace. [More...] However it manifests itself, workplace violence is a major concern for employers and employees nationwide

Who is at risk of workplace violence?
Nearly 2 million American workers report having been victims of workplace violence each year. Unfortunately, many more cases go unreported. The truth is, workplace violence can strike anywhere, anytime, and no one is immune. Research has identified factors that may increase the risk of violence for some workers at certain worksites. Such factors include exchanging money with the...

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Friday, August 16, 2013

FL Workers' Compensation May Be Going Up

The Office of Insurance Regulation (Office) today announced it has received the National Council on Compensation Insurance (NCCI) annual rate filing for workers’ compensation insurance rates in Florida. The proposed overall rate change is an increase of 1 percent to become effective on January 1, 2014; however, it reflects a cumulative decrease of 55.9 percent in overall rates since the comprehensive legislative reforms passed in 2003.

A careful review and thorough analysis of this rate filing will be performed to evaluate its potential effects on Florida’s workers’ compensation insurance marketplace and employers. The Office anticipates conducting a public hearing in early October 2013 and will provide more detailed information at a later date.

Prior to the 2003 legislative reforms, Florida consistently ranked No. 1 or No. 2 in the country for the highest workers' compensation rates. Following this reform, Florida rates became some of the most competitive in the nation with seven years of significant decreases approved for the annual experience filing submitted by NCCI. This year, however, marks the fourth year in a row of proposed increases in the annual experience filings.

The Office plans to make recommendations to the 2014 Legislature to address cost drivers in the workers’ compensation insurance system.

For more information about the NCCI rate filing, please read NCCI’s statement.

Modern Families and Worker Protections

The word "spouse" has a new legal definition following the US Supreme Court's recent decision in US v. Windsor (2013). Today's post was shared by US Dept. of Labor and comes from social.dol.gov

Until 1993, there was no law that protected workers from having to choose between their jobs and their health – or the welfare of family members who needed their care. The Family and Medical Leave Act changed that, by allowing covered employees to take up to 12 weeks of unpaid leave without getting fired. This law provided greater protection and flexibility to America’s workers, and the Wage and Hour Division has been proud to uphold it for the past 20 years.

But our agency doesn’t just enforce the law. We also provide guidance to employees and employers, to make sure they understand their rights and responsibilities. Earlier this week, the Wage and Hour Division made a few revisions to some of our guidance documents that reflect changes to our enforcement of the FMLA in light of the Supreme Court’s recent decision in United States v. Windsor.

These updates remove all references to the Defense of Marriage Act’s provisions that denied federal benefits to legally married, same-sex couples. In light of the Supreme Court’s decision U.S. v. Windsor, the updates clarify the definition of “spouse” for Title I of the FMLA, which applies to covered private-sector employers and any covered public agency. The updated documents can be viewed at these links:

These changes are not regulatory, and they do not fundamentally change the FMLA. They simply recognize that the Supreme Court’s Windsor decision expands the number of employees who...

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Coal Industry: The Next Target for a Major Lawsuit

The focus the past several weeks has been the lawsuit in California against the Lead Paint Industry. The lawsuit, pending for over a decade, was brought under the legal theory of "public nuisance." The case seeks to finally force the major suppliers of lead paint to the table to help in removing and correcting the alleged public and private health dangers the Industry created by marketing paint with lead pigment.

While the lead paint case is in its finals trial stages, a theory has emerged to litigate against the Coal Industry for its alleged acts that have damaged public health through crating industrial pollution.

"Coal industry executives ought to pay attention to the lead paint lawsuit currently happening in the California court system.

"Recently, a lawsuit was filed against the makers of lead paint, alleging that the industry knew about the toxicity of their product and yet still promoted it as “safe” to the public. The industry has faced many lawsuits over their products in the past, most of which were unsuccessful for the victims, due to the fact that the industry was often up front about the dangers of their products, and they funded public studies to determine the health effects.

"But things have changed in the American legal system, and attorneys are now taking a page out of the tobacco litigation playbook. By unearthing documents that detail the lead paint industry’s attempted cover-up of the dangers, they avoid the “buyer beware” caveat that the tobacco industry used for so long.

Click here to read the complete article, "Could Lead Paint Lawsuit Pave Way For Class Action Against Coal Industry?"

Bangladesh Building Collapse Highlights Need for Safety Inspections

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

Ed Note: Samsung has been sued in Brazil over factory working conditions

The total number of workers killed or injured in the collapse of a building in Savar, Bangladesh on April 24, 2013 is not yet known, as rescuers continue to search for survivors. As of Sunday, April 28th, the count was at least 377 dead.

Bangladeshi Workers Protest Deaths

Many of those killed were workers at clothing factories housed in the building, known as Rana Plaza, where fire broke out in the wreckage of the building, temporarily suspending rescue efforts as of April 24. Efforts will restart with the aide of heavy equipment, which had previously been avoided in an effort to not injure those still buried in the rubble. T

here no longer are assumed to be any victims remaining alive, although hundreds remain unaccounted for. The death toll surpassed a fire five months ago that killed 112 people and brought widespread pledges to improve worker-safety standards. But since then, very little has changed in Bangladesh.

Human Rights Watch reported on the building collapse, noting that it knows of no cases in which the Bangladeshi government has ever prosecuted a factory owner over the deaths of workers.

USA Today reported on the tragedy with the news that Mohammed Sohel Rana, the fugitive owner of the illegally-constructed building, was apprehended by a commando force while trying to flee to India. Rana was returned to Dhaka to face charges of negligence. Rana had been on the run since the building collapsed Wednesday. He last appeared in public Tuesday in front of the Rana Plaza after huge cracks appeared in the building. Witnesses said he assured tenants, including five garment factories, that the building was safe. Hours later, the Rana Plaza was reduced to rubble, crushing most victims under massive blocks of concrete.

Human Rights Watch reported on the building collapse, noting that it knows of no cases in which the Bangladeshi government has ever prosecuted a factory owner over the deaths of workers. Many factory owners in Bangladesh are parliamentarians or members of the main political parties. In an interview with a government minister in 2011, the minister told Human Rights Watch that it would be “impossible” to improve workers rights so long as factory owners were senior members of political parties.

Liberty Mutual FIles Suit in NY To Stop Elimination of Reopener Fund

An effort spearheaded by Liberty Mutual to thwart Governor Cuomo's effort to eliminate the NY State Insurance Fund's elimination. The Cuomo Administration has asserted that the move to close the Fund is necessary to save money and consolidate resources to avert unnecessary workers' compensation insurance premium increases.

"Liberty Mutual Group subsidiaries have filed a suit challenging New York’s decision to close a state workers’ compensation fund dealing with settled claims that are later reopened.

"The suit alleges that the decision by the governor and legislature, included as a component of the state budget for the next two years, will cost insurers and self-insured employers up to $1.6 billion in unfunded liabilities.

"However, an industry official experienced in the workings of the state’s workers’ compensation fund questions the viability of the suit.

Click here to read the complete article, "Liberty Mutual Group Subsidiaries Challenge Closure of N.Y. Reopened Cases WC Fund"

Read more about "NY workers' compensation" and reform

The Future of Spitzer's NY Workers' Compensation Reform Effort ...

Mar 11, 2008

With Governor Spitzer now embroiled in a major scandal that may end in his resignation as Governor of the State of New York, all eyes in the workers' compensation arena are now focused on his reform efforts. On February ...

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Workers' Compensation: Legal Fees and Reform

Aug 13, 2013

Note that following the 2004 reform, SB 899, defense fees skyrocket from $368 million in 2003 to nearly double at $642 million in 2006, while applicant attorneys, whose fees are largely pegged to permanent disability indemnity, lost some ground, but essentially remained flat. Things stabilize a bit after 2006 until 2011 when the lawyers on both sides, start ... N.Y. AG announces $600,000 agreement with masonry ... Plaintiffs' expert says lead paint abatement could.

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NJ Governor Christie to Propose Workers' Compensation Reform

Apr 23, 2013

Headlines screaming for “Workers' Comp Reform” are blaring in many states (CA,FL, NY, OH, NC, and most recently IL). In Illinois, the state's much-criticized system is under fire and legislation to totally dismantle the system is ...

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

Workers' Compensation: Wisconsin and Workers' Comp "Reform"

Apr 13, 2011

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Thursday, August 15, 2013

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

Today's post was shared by WCBlog and comes from www.whitehouse.gov

The White House

EXECUTIVE ORDER

- - - - - - -

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today's economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of...

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Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step further and they can also be a factor in determining deviation from employment. Today's post was shared by WCBlog and comes from p.ost.im

Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account.

In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”

ICD-10 will impact workers comp, non-HIPAA entities, too

ICD codes are ruling workers' compensation and the lives and claims of injured workers. Today's post was shared from /ehrintelligence.com.

"They might not have to play by all the same rules, but healthcare providers shouldn’t forget the impact ICD-10 will have on non-HIPAA covered entities such as workers compensation, nursing homes, and home health agencies. While non-HIPAA entities are not mandated to switch to the new code set on October 1, 2014, the changing tide will sweep them along with the complex transition whether they like it or not. Medical providers should be aware of the struggles of their non-HIPAA partners, especially as the care coordination spectrum expands to include more and more external organizations that may not always be on the same page.

"t may seem like those entities that are allowed to stick with ICD-9 would be happy to do so. But in fact, staying with the old code set, which will not be maintained or updated after 2014, might be more trouble than it’s worth. Technically, workers compensation insurance could demand all provider claims to contain ICD-9 codes for as long as they please, but the undue hardship that would place on medical professionals has been deemed too great by some large insurance plans such as the Ohio Bureau of Workers Compensation (OBWC), which is planning to use ICD-10 after the implementation date.

Non-HIPAA entities could also choose to accept ICD-10 codes from providers but crosswalk them back to ICD-9 if they don’t want to upgrade their systems. But the extra work to create accurate and reliable mappings from a very detailed code to a broader ICD-9 one seems a little pointless. “Even though claims professionals don’t have to be immediately fluent in ICD-10, they should be forward-thinking and follow the market in the direction it’s headed,” suggests John Sarich, VP of Strategy for VUE Software in a post for Claims Journal. “It will require some upfront investment, but will ultimately outweigh the lost time that accompanies translating every medical record you encounter.”

"And payers such as workers compensation and property and casualty insurance (P&C) do have a vested interest in the detail and specificity provided by ICD-10, mandate or no. They will spend less time pestering physicians for more and more documentation to validate a claim for an injury, reducing the administrative burden for everyone involved – assuming payer claims processors are properly trained in the new code set and don’t need to return to the provider to ask for clarification.

Click here to read the entire article.

Cyclospora: It Is Not Over Yet - US Count at 548 Cases

The mystery of the Cyclospora infection continues, putting workplaces at risk from the disease.

The US Centers for Disease Control and Prevention (CDC) today reported nine more US Cyclospora infections, raising its case count to 548, but the total does not include 21 of the most recent cases that the TexasDepartment of State Health Services (TDSHS) has listed on its Web site. Those additions would bring the tally to 569.

The number of affected states remained at 19 (see CDC map below), but the CDC said that not all cases are confirmed to be linked to an outbreak in Iowa and Nebraska traced to a contaminated salad mix from Mexico. The states with by far the most cases are Texas, 220 (by the CDC's count); Iowa, 153; and Nebraska, 86.

The most recent illness onset was Jul 28, but most illness-onset dates are from the middle of June through early July, the CDC said. Of the 548 cases, 34 (6%) have required hospitalization.

Investigations have linked restaurant-related illness clusters in Iowa and Nebraska to a packaged salad mix from a Taylor Farms facility in Mexico, and this week the company voluntarily stopped shipping all of its leafy greens to the United States.
Aug 14 CDC outbreak update
Aug 14 TDSHS update

Wednesday, August 14, 2013

The Reverberating Impact of Low Wages

Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org

A recent vote by the Washington D.C. City Council requires large retailers to pay a minimum hourly wage of $12.50 an hour—$5.25 more than the current minimum wage of $7.25 nationally and $8.25 in D.C.— and the decision received wide attention, especially when retailers planning to build new stores in the city said they’d pull the plug on the projects if required to pay the higher salaries. But at least two recent magazine articles explain why there’s been a fervent recent push to try to push up the wages of those in low-paying jobs. New York Magazine recently surveyed 100 fast food restaurant employees in that city and asked, among other things, “can you live off your paycheck?” The answer appears to be no. The average pretax monthly pay for the surveyed workers was $984 while average monthly expenses including rent, utilities, groceries and cell phone bills was $1,115—which adds up to $131 more in expenses than pay.

Bonus Link: Why does income matter to health? See a NewPublicHealth infographic on how stable jobs and income lead to healthier lives.

And last weeks’ New Yorker Magazine added heft to the need to look at the current minimum wage rate, in light of just how critical that income is to many households. According to the article, while low-wage retail jobs were once squarely aimed at high school students looking for pocket money and those looking for supplemental income, in the last few years of stiff unemployment,...

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ExxonMobil Knew for Years About Defects in Ill-Fated Arkansas Pipeline

Today's post was shared by FairWarning and comes from www.fairwarning.org

Despite risks, oil giant added stresses to pipeline that eventually ruptured. Since at least 2006, ExxonMobil realized that its 1940s-era Pegasus pipeline had many manufacturing defects like the faulty welds that, in March, sent crude oil spewing into a Mayflower, Ark., neighborhood. Its seams were known to be prone to cracking, too. Still, Exxon added new stresses to the pipeline by starting to carry a heavier type of oil, reversing the direction of the flow and increasing the amount of crude surging through it. Separately, the costly oil spill cleanups in Mayflower and in Marshall, Mich., highlight the potential hazards of transporting heavy Canadian crude as the Obama administration nears a decision on the Keystone XL pipeline. InsideClimate News, The New York Times

Lax reporting, scant oversight undermine 27-year-old program to track hazardous chemical storage. Under the U.S. Emergency Planning and Community Right-to-Know Act, private and public operations must issue an inventory of potentially hazardous chemicals at their sites. The inventory, known as a Tier II report, is filed with state, county and local emergency-management officials. The information is then supposed to be made public to help first responders and residents plan for emergencies. But operations across the U.S. often misidentify chemicals or their location, and sometimes don’t report on the substances at all. The system has drawn scrutiny since April’s deadly...

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Improving Patient and Worker Safety: Opportunities for Synergy, Collaboration and Innovation

Today's post was shared by US Dept. of Labor and comes from www.osha.gov

What is healthcare?

Healthcare is involved, directly or indirectly, with the provision of health services to individuals. These services can occur in a variety of work settings, including hospitals, clinics, dental offices, out-patient surgery centers, birthing centers, emergency medical care, home healthcare, and nursing homes.

What types of hazards do workers face?

Healthcare workers face a number of serious safety and health hazards. They include bloodborne pathogens and biological hazards, potential chemical and drug exposures, waste anesthetic gas exposures, respiratory hazards, ergonomic hazards from lifting and repetitive tasks, laser hazards, workplace violence, hazards associated with laboratories, and radioactive material and x-ray hazards. Some of the potential chemical exposures include formaldehyde, used for preservation of specimens for pathology; ethylene oxide, glutaraldehyde, and paracetic acid used for sterilization; and numerous other chemicals used in healthcare laboratories.

How many workers get sick or injured?

More workers are injured in the healthcare and social assistance industry sector than any other. This industry has one of the highest rates of work related injuries and illnesses. In 2010, the healthcare and social assistance industry reported more injury and illness cases than any other private industry sector -- 653,900 cases (Table 2 [268 KB PDF, 29 pages]). That is 152,000 more cases than the next industry sector: manufacturing. In 2010, the...

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The woman who nearly died making your iPad

Foreign workers lack safety and health protections that exist under US laws. This story reflects what America was like without adequate workplace safety laws and enforcement. Today's post was shared by Steven Greenhouse and comes from www.theguardian.com

At around 8am on 17 March 2010, Tian Yu threw herself from the fourth floor of her factory dormitory in Shenzhen, southern China. For the past month, the teenager had worked on an assembly line churning out parts for Apple iPhones and iPads. At Foxconn's Longhua facility, that is what the 400,000 employees do: produce the smartphones and tablets that are sold by Samsung or Sony or Dell and end up in British and American homes.

But most famously of all, China's biggest factory makes gadgets for Apple. Without its No 1 supplier, the Cupertino giant's current riches would be unimaginable: in 2010, Longhua employees made 137,000 iPhones a day, or around 90 a minute.

That same year, 18 workers – none older than 25 – attempted suicide at Foxconn facilities. Fourteen died. Tian Yu was one of the lucky ones: emerging from a 12-day coma, she was left with fractures to her spine and hips and paralysed from the waist down. She was 17.

When news broke of the suicide spree, reporters battled to piece together what was wrong in Apple's supply chain. Photos were printed of safety nets strung by the company under dorm windows; interviews with workers revealed just how bad conditions were. Some quibbled over how unusual the Foxconn deaths were, arguing that they were in line with China's high rate of self-killing. However conscience-soothing that claim was in both Shenzhen and California, it overlooked how those who take their own lives are often elderly or women in...

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A Limit on Consumer Costs Is Delayed in Health Care Law

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

WASHINGTON — In another setback for President Obama’s health care initiative, the administration has delayed until 2015 a significant consumer protection in the law that limits how much people may have to spend on their own health care.

The limit on out-of-pocket costs, including deductibles and co-payments, was not supposed to exceed $6,350 for an individual and $12,700 for a family. But under a little-noticed ruling, federal officials have granted a one-year grace period to some insurers, allowing them to set higher limits, or no limit at all on some costs, in 2014.

The grace period has been outlined on the Labor Department’s Web site since February, but was obscured in a maze of legal and bureaucratic language that went largely unnoticed. When asked in recent days about the language — which appeared as an answer to one of 137 “frequently asked questions about Affordable Care Act implementation” — department officials confirmed the policy.

The discovery is likely to fuel continuing Republican efforts this fall to discredit the president’s health care law.

Under the policy, many group health plans will be able to maintain separate out-of-pocket limits for benefits in 2014. As a result, a consumer may be required to pay $6,350 for doctors’ services and hospital care, and an additional $6,350 for prescription drugs under a plan administered by a pharmacy benefit manager.

Some consumers may have to pay even more, as some...

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Tuesday, August 13, 2013

NIOSH Workplace Safety and Health Topics

Today's post was shared by WCBlog and comes from www.cdc.gov

"Asbestos" is a commercial name, not a mineralogical definition, given to a variety of six naturally occurring fibrous minerals. These minerals possess high tensile strength, flexibility, resistance to chemical and thermal degradation, and electrical resistance. These minerals have been used for decades in thousands of commercial products, such as insulation and fireproofing materials, automotive brakes and textile products, and cement and wallboard materials.

When handled, asbestos can separate into microscopic-size particles that remain in the air and are easily inhaled. Persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer and mesothelioma. Although the use of asbestos and asbestos products has dramatically decreased in recent years, they are still found in many residential and commercial settings and continue to pose a health risk to workers and others.

NIOSHTIC-2 Search

NIOSHTIC-2 Search Results on Asbestos

NIOSHTIC-2 is a searchable bibliographic database of occupational safety and health publications, documents, grant reports, and journal articles supported in whole or in part by NIOSH.

Recommendations for Preventing Occupational Exposure to Asbestos

Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research

DHHS (NIOSH) Publication Number 2011-159 (March 2011)

This document is intended as one step in the process. NIOSH intends to pursue...

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Copyright

Wednesday, August 21, 2013

Calif. judge denies Sherwin Williams motion in lead paint trial

Pa., N.J. Insurers Gearing Up For Obamacare Business

Senate fails to revive workers' comp bill for first responders

Tuesday, August 20, 2013

Move Over, Richard Kiley. Here’s Why We Want to Combine Public Health Data with Health Care Data

Parents and Educators Can Keep Young Workers Safe

Bangladesh’s Workers Deserve Better

Contaminated Soil and Debris to Be Removed From Superfund Site in South Plainfield, New Jersey

Monday, August 19, 2013

It's Complicated: Obamacare's Choices for People with Disabilities

Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers

Friday, August 16, 2013

FL Workers' Compensation May Be Going Up

Modern Families and Worker Protections

Coal Industry: The Next Target for a Major Lawsuit

Bangladesh Building Collapse Highlights Need for Safety Inspections

Liberty Mutual FIles Suit in NY To Stop Elimination of Reopener Fund

Thursday, August 15, 2013

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

ICD-10 will impact workers comp, non-HIPAA entities, too

Cyclospora: It Is Not Over Yet - US Count at 548 Cases

The mystery of the Cyclospora infection continues, putting workplaces at risk from the disease.

Wednesday, August 14, 2013

The Reverberating Impact of Low Wages

ExxonMobil Knew for Years About Defects in Ill-Fated Arkansas Pipeline

Improving Patient and Worker Safety: Opportunities for Synergy, Collaboration and Innovation

The woman who nearly died making your iPad

A Limit on Consumer Costs Is Delayed in Health Care Law

Tuesday, August 13, 2013

NIOSH Workplace Safety and Health Topics

NIOSHTIC-2 Search

Recommendations for Preventing Occupational Exposure to Asbestos