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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Saturday, August 24, 2013

EPA Proposes Plan to Address Contaminated Soils and Ground Water at Maywood Chemical Company Superfund Site in Maywood and Rochelle Park, New Jersey: Cleanup Estimated to Cost $17 Million

Some industries leave a legacy of illness and pollution. Building factories near the waterfront even complicates the clean-up further. The Passaic River in NJ provided a sewer in the past for industrial pollution, NJ has had to cope with Super Fund cleanups.Today's post was shared by US EPA News and comes from yosemite.epa.gov

The U.S. Environmental Protection Agency has proposed a plan to address contaminated soil at the Maywood Chemical Company Superfund site in Maywood and Rochelle Park, New Jersey.
The EPA was directed to set standards for radi...
Photo credit: Wikipedia)


Previous industrial activity at the site resulted in contamination of the soil and ground water with volatile organic compounds, radioactive waste and metals. Exposure to these pollutants can have serious health effects, and in some cases, increase the risk of cancer. The EPA proposal calls for a combination of removing and treating contaminated soil.

"The cleanup plan proposed by EPA will address the contaminated soil and reduce the risk posed by the contamination to people’s health and the environment,” said EPA Regional Administrator Judith A. Enck. “The EPA encourages the public to attend the Maywood Chemical Company Superfund site meeting and share their views on the proposed plan.”

The EPA will hold a public meeting on September 9, 2013, to explain the proposed plan and is encouraging public comments. The meeting will be held at the Maywood Public Library, Trinka Hall (lower level) at 459 Maywood Avenue, Maywood, New Jersey, from 7:00-9:00pm. Comments will be accepted until September 23, 2013.Operations at the former Maywood Chemical Works began in 1895 and from 1916 to 1955 included thorium processing, which produced radioactive waste. Other...

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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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.

Silica: A Long Overdue Proposal

The long awaited "Silica standard" for workers has been proposed by OSHA. This post is shared from Dr. David Michaels,  Assistant Secretary for Occupational Safety and Health.
Alan White is a 48-year-old foundry worker from Buffalo, N.Y. – he’s in the local steelworkers union, employed at the same foundry where his father also worked. He just became a grandfather. Three years ago, Alan went to a doctor who did a series of tests and told him that he had contracted silicosis, a debilitating lung disease he got from being exposed to silica at his job.
I met Alan last year on a trip he made to Washington to talk about how he got silicosis and the effects of the disease on his life. This is what he told me:
“I don’t smoke, I don’t drink, I eat organic foods, I don’t eat much red meat. Now I know that my lifestyle probably won’t benefit my long-term health because of the devastating effects of silica exposure. As a new grandfather, I probably will not be able to run with my grandchild through the park as I had hoped.  Even simple tasks like walking and talking on a cell phone are difficult and my outlook is downhill from here.”
Earlier today, the Occupational Safety and Health Administration proposed a new rule to protect workers from silica exposure, and we’re reaching out to stakeholders for their help to develop a final rule with effective solutions that will protect workers like Alan.
X-Ray of silicosis in lungs
Healthy lungs vs. silicosis
Crystalline silica kills hundreds of American workers and sickens thousands more each year. These very small silica dust particles are hazardous when workers breathe them in. They can cause silicosis – an incurable and progressive disease. Workers can be exposed to airborne silica dust from cutting, sawing, drilling and crushing concrete, brick, block and other stone products. They also can be exposed during operations that use sand products such as glass manufacturing, sand blasting and −as in Alan’s case −foundry work.

Health Law Adds New Expense For Farmers: Insurance For Field Workers

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

Farm labor contractors across California -- the nation's biggest agricultural engine -- are anxiously studying a provision of the Affordable Care Act, which will require hundreds of thousands of field workers to be covered by health insurance.

And while the requirement to cover workers was recently delayed until 2015, the contractors, who provide farmers with armies of field workers, say they are already preparing for the potential cost, inconvenience, and liability the new law will bring to their business, which typically operates on a slender profit margin.

"I've been to at least a dozen seminars on the Affordable Care Act since February," said Chuck Herrin, owner of Sunrise Farm Labor, a contractor based here. "If you don't take the right approach, you're wiped out."

The effects of the new law could be profound. Insurance brokers and health providers familiar with California's $43.5 billion agricultural industry estimate that meeting the law's minimum health plan will cost about $1 per hour per employee worked in the field.

Needlestick Injuries Are a Costly Problem for the Health Care Industry

Needlestick injuries to health care workers is a very costly concern to health care workers, their employers and the their insurers. This article is schare frominfectioncontroltoday.com.

"Needlestick and sharps injuries affect more than half a million healthcare personnel every year, creating over $1 billion in preventable healthcare costs every year and an immeasurable emotional toll on millions of healthcare personnel, according to a Safe in Common review of U.S. healthcare industry statistics.

"Safe in Common (SIC)—a non-profit organization that represents healthcare personnel, industry leaders, policymakers and scientists —studied rates and costs of needlestick injuries within U.S. healthcare facilities as part of its ongoing work to raise awareness of advanced safety engineered devices and work practices that can prevent these injuries.
After examining the findings from the Massachusetts Sharps Injury Surveillance System, SIC determined approximately 1,000 percutaneous injuries per day in U.S. hospitals alone adds $1 billion in unnecessary annual costs. Cross referenced with the most recent CDC reports of the cost to treat healthcare personnel, that amounts to an estimated $3,042 per victim each year. The costs are attributed to laboratory fees for testing exposed employees, labor associated with testing and counseling, and the costs of post-exposure follow-ups.

"These completely preventable injuries, needless cost burdens on the healthcare system and psychological trauma inflicted on personnel is startling when safer equipment and smarter work practices are available to personnel across the healthcare spectrum," says Safe in Common chairperson Mary Foley, PhD, RN.

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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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 "needle stick wounds" and workers' compensation:
Jul 01, 2011
Infections caused by transmission through needle-stick injuries have plagued work comp systems for decades. Today the US Centers for Disease Control (CDC) has launched a public relations effort to prevent needle stick ...

Friday, August 23, 2013

National Census of Fatal Occupational Injuries In 2012 (Preliminary Injuries)

A preliminary total of 4,383 fatal work injuries were recorded in the United States in 2012, down from a revised count 
of 4,693 fatal work injuries in 2011, according to results from the Census of Fatal Occupational Injuries (CFOI) 
conducted by the U.S. Bureau of Labor Statistics. The 2012 total represents the second lowest preliminary total 
since CFOI was first conducted in 1992. The rate of fatal work injury for U.S. workers in 2012 was 
3.2 per 100,000 full-time equivalent (FTE) workers, down from a rate of 3.5 per 100,000 in 2011.

Over the last 5 years, net increases to the preliminary count have ranged from 84 in 2011 to 211 in 2009. 
The revised 2011 figure represented a 2 percent increase over the preliminary total, while the 2009 figure was 
a 5 percent increase. Revised 2012 data from CFOI will be released in the late Spring of 2014. 

Key preliminary findings of the 2012 Census of Fatal Occupational Injuries:

- Fatal work injuries in the private construction sector increased 5 percent to 775 in 2012 from 738 in 2011. 
 Total hours worked in the private construction industry increased one percent in 2012. The increase in fatal 
 occupational injuries in 2012 follows five consecutive years of declining fatal injury counts in the 
 construction sector. Fatal construction injuries are down 37 percent since 2006. 
- Since 2011, CFOI has identified whether fatally-injured workers were working as contractors at the time of 
 the fatal incident. In 2012, 708 decedents were identified as contractors, many of whom worked in construction 
 and transportation occupations.
- Fatal work injuries declined among non-Hispanic white workers (down 10 percent) and Hispanic or Latino workers 
 (down 5 percent) in 2012. Fatal work injuries were higher among non-Hispanic black or African-American workers 
 and non-Hispanic Asian workers.
- Fatal work injuries involving workers under 16 years of age nearly doubled, rising from 10 in 2011 to 
 19 in 2012—the highest total since 2005. Fatal work injuries in the other age groups declined in 2012. 
 Fatal work injuries among workers 55 years of age and older declined for the second straight year.
- Work-related suicides declined 10 percent from 2011 totals, but violence accounted for about 17 percent 
 of all fatal work injuries in 2012.
- Fatal work injuries in the private mining sector rose in 2012, led by an increase in fatal injuries to workers 
 in oil and gas extraction industries. Fatal work injuries in oil and gas extraction industries rose 23 percent 
 to 138 in 2012, reaching a new high for the series. 

Worker characteristics

The number of fatal work injuries involving non-Hispanic white workers declined 10 percent in 2012, but rose 
by 13 percent for non-Hispanic Asian workers. Despite the increase, Asian workers still recorded a lower rate of 
fatal injury than the rate for workers overall (1.8 per 100,000 FTE workers for non-Hispanic Asians versus 
3.2 per 100,000 FTE workers for workers overall).

Fatal work injuries among Hispanic or Latino workers dropped to 708 in 2012 from 749 in 2011, a decrease of 5 percent. 
Of the 708 fatal work injuries incurred by Hispanic or Latino workers, 454 (or 64 percent) involved foreign-born 
workers. Overall, there were 777 fatal work injuries involving foreign-born workers in 2012, of which the 
greatest share (299 or 38 percent) were born in Mexico.

Fatal work injuries increased for workers under 16 years of age, rising to 19 in 2012 from 10 in 2011, reaching 
its highest level since 2005. Fourteen of these young decedents were employed as agricultural workers. Fatal work 
injuries involving men fell from 4,308 in 2011 to 4,045 in 2012—the lowest total since the inception of the 
fatality census in 1992.

Fatal injuries to both wage and salary workers and self-employed workers declined in 2012.

For more detailed information on fatal injuries by worker characteristics, see the 2012 tables 
at www.bls.gov/iif/oshcfoi1.htm.

Type of incident

Transportation incidents accounted for more than 2 out of every 5 fatal work injuries in 2012. (See chart 1.) 
Of the 1,789 transportation-related fatal injuries, about 58 percent (1,044 cases) were roadway incidents involving 
motorized land vehicles. Nonroadway incidents, such as a tractor overturn in a farm field, accounted for another 
13 percent of the transportation-related fatal injuries. About 16 percent of fatal transportation incidents in 2012 
involved pedestrians who were struck by vehicles. Of the 283 fatal work injuries involving pedestrians struck 
by vehicles, 65 occurred in work zones. (Note that transportation counts presented in this release are expected 
to rise when updated 2012 data are released in Spring 2014 because key source documentation detailing specific 
transportation-related incidents has not yet been received.)

Fatal work injuries among those fatally injured in aircraft incidents in 2012 declined by 14 percent from 2011, 
accounting for 125 fatalities or about 7 percent of the transportation total.

Overall, 767 workers were killed as a result of violence and other injuries by persons or animals, including 
463 homicides and 225 suicides. The work-related suicide total for 2012 declined 10 percent from the 2011 total 
and the homicide total was also slightly lower. Shootings were the most frequent manner of death in both 
homicides (81 percent) and suicides (48 percent). Of the 338 fatal work injuries involving female workers, 
29 percent involved homicides.

Fatal falls, slips, or trips took the lives of 668 workers in 2012, down slightly from 2011. Falls to a lower level 
accounted for 544 or about 81 percent of those fatalities. In 2012, the height of the fall was reported in 437 of the 
fatal falls to a lower level. Of those cases, about one in four occurred after a fall of 10 feet or less. Another 
one-fourth of the fatal fall cases occurred from falls of over 30 feet.

While the total number of fatal work injuries involving contact with objects and equipment in 2012 remained about 
the same as in 2011, the number of workers fatally injured after being struck by objects or equipment increased by 
7 percent (to 509 fatal work injuries in 2012 from 476 in 2011). This total includes 233 workers struck by 
falling objects or equipment and 199 struck by powered vehicles or mobile equipment not in normal operation.

There were 142 multiple-fatality incidents in 2012 (incidents in which more than one worker was killed) 
in which 341 workers died.

For more detailed information on fatal injuries by incident, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Industry

In the private sector, there were 3,945 fatal work injuries in 2012, down 6 percent to a new series low. Both 
goods-producing industries and service-providing industries showed declines.

Among goods-producing sectors, the number of fatal work injuries in the private construction sector increased 
5 percent in 2012. Total hours worked were higher by one percent in 2012. The increase in 2012 was the first 
in construction fatalities since 2006. Construction fatalities are down 37 percent over that time. Construction 
accounted for the highest number of fatal work injuries of any industry sector in 2012. (See chart 2.)

Fatal work injuries in the private mining sector increased 14 percent to 177 in 2012 from 155 in 2011—the highest 
level since 2007. The number of fatal work injury cases in oil and gas extraction industries rose to 138 in 2012 
from 112 in 2011; the 2012 figure represents a series high. Fatal work injuries in coal mining increased slightly, 
and fatal work injuries in support activities for mining increased 9 percent. CFOI has used the North American 
Industry Classification System (NAICS) to define industry since 2003, and data on oil and gas extraction industries 
in CFOI comprise NAICS 21111 Oil and gas extraction, NAICS 213111 Drilling oil and gas wells, and 
NAICS 213112 Support activities for oil and gas operations.

Agriculture, forestry, fishing and hunting fatalities decreased 16 percent to 475 in 2012 from 566 in 2011. 
This follows a 9 percent drop in agriculture fatalities in 2011. Fatal injuries in the crop production, 
animal production, forestry and logging, and fishing sectors were all lower in 2012. Despite the declines in 
fatal work injuries in this sector over the last two years, agriculture recorded the highest fatal injury rate 
of any industry sector at 21.2 fatal injuries per 100,000 FTE workers in 2012.

Among service-providing industries in the private sector, fatal work injuries in transportation and warehousing 
accounted for 677 fatal work injuries in 2012, a decrease of 10 percent over the revised 2011 count (749 fatalities). 
The number of fatal injuries in truck transportation, the largest subsector within transportation and warehousing 
in terms of employment, decreased 6 percent in 2012. (As noted, transportation counts presented in this release 
are expected to rise when updated 2012 data are released in Spring 2014.) Among other transportation subsectors, 
fatal work injuries in air transportation were slightly higher, but fatalities in water and rail transportation 
were lower in 2012.

Fatal work injuries in the financial activities sector declined 17 percent in 2012 to 81. The professional and 
business services sector also reported lower numbers of fatal injuries in 2012, down 10 percent from 2011.

Fatal occupational injuries among government workers decreased 13 percent from 2011 to 438 fatal work injuries, 
the lowest fatal work injury total since the start of the fatality census. Both state government and 
local government showed declines (19 percent and 16 percent, respectively), though fatal injuries among 
federal government workers remained about the same.

For more detailed information on fatal injuries by industry, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Occupation

Fatal work injuries in construction and extraction occupations rose for the second year in a row to 838—a 5 percent 
increase from 2011. Hours worked increased one percent in this occupation group during that period. Fatal injuries 
among construction trades workers rose in 2012 to 577 after 5 years of decline. This marked an 8 percent increase 
over the series low of 533 in 2011, but a 41 percent drop from the high of 977 reported in 2006. Fatal work injuries 
to construction laborers, the subgroup in this category with the highest number of fatalities, increased 10 percent 
to 210 in 2012, following a series low of 191 in 2011. Fatal injuries to roofers, another subgroup within 
construction trades workers, rose to 70 in 2012, a 17 percent rise from 2011 marking the highest count in 5 years.
 
Fatal work injuries in transportation and material moving occupations were down 7 percent to 1,150 in 2012. 
Fatal work injuries in this occupational group accounted for about one quarter of all fatal occupational injuries. 
Drivers/sales workers and truck drivers was the subgroup within transportation and material moving occupations with 
the highest number of fatal injuries. Dropping 4 percent, this subgroup recorded 741 fatalities in 2012. Fatal 
injuries to taxi drivers and chauffeurs were down 28 percent to a series low of 46. (As noted, transportation and 
material moving counts presented in this release are expected to rise when updated 2012 data are released 
in Spring 2014.)

The number of fatal work injuries among protective service occupations decreased 21 percent in 2012 
to 224 fatalities–reaching the lowest count since the occupational series began in 2003. The decline was led 
by lower numbers of fatal injuries to police and sheriff’s patrol officers, which dropped 20 percent to 104 in 2012 
to continue a two-year downward trend. Fatal injuries to both security guards and firefighters reached series lows 
with 48 and 17 fatalities, respectively.

Fatal work injuries to workers in management occupations declined 8 percent to 429 in 2012—the lowest level 
in the series. This decrease was driven primarily by the 19 percent decline in fatal injuries to farmers, ranchers, 
and other agricultural managers from 268 in 2011 to 216 in 2012.

Fatalities among farming, fishing, and forestry occupations declined 6 percent to 245 in 2012. This was led by the 
24 percent drop in fatalities to fishers and related fishing workers from 42 in 2011 to a series low of 32 in 2012. 
Fatal injuries to logging workers have remained somewhat level for the last three years, decreasing slightly 
to 62 in 2012.

Fatal injuries to resident military personnel reached a series low in 2012, dropping 25 percent from 
57 fatalities in 2011 to 43.

For more detailed information on fatal injuries by occupation, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Contract workers

In addition to identifying the industry in which a decedent was employed, CFOI began in 2011 to identify whether 
a worker was a contractor. A contractor is defined as a worker employed by one firm but working at the behest of 
another firm that exercises overall responsibility for the operations at the site where the decedent was 
fatally injured. This information helps to identify the location and type of work being performed when 
the fatal work injury occurred.

In 2012, the number of fatal occupational injuries incurred by contractors was 708, or 16 percent of all 
fatal injuries, compared to 542 reported in 2011. Falls to a lower level accounted for 30 percent of contractor 
deaths while struck by object or equipment (18 percent) and pedestrian vehicular (11 percent) incidents also were 
frequent events among contractors.

Fatally-injured contractors were most often contracted by a government entity (151 or 21 percent of all contractors) 
and by firms in the private construction (133 or 19 percent); mining, quarrying, and oil and gas extraction 
(68 or 10 percent); and manufacturing (67 or 9 percent) industry sectors.

The majority of contractors (381 or 54 percent) were working in construction and extraction occupations when fatally 
injured. Decedents in this occupation group were most often employed as construction laborers (101), first-line 
supervisors of construction trades and extraction workers (42), electricians (39), and roofers (32). Among contractors 
who were employed outside the construction and extraction occupations group, the largest number of fatal occupational 
injuries was incurred by heavy and tractor-trailer truck drivers (50); tree trimmers and pruners (16); 
security guards (15); landscaping and groundskeeping workers (14); welders, cutters, solderers, and brazers (14); 
and athletes and sports competitors (13).

For more detailed information on fatal injuries incurred by contract workers, see the 2012 charts 
at www.bls.gov/iif/oshcfoi1.htm.

State and metropolitan statistical area (MSA)

Sixteen states and the District of Columbia reported higher numbers of fatal work injuries in 2012 than in 2011, 
while 32 states reported lower numbers. Two states reported the same number as in 2011. For more detailed state 
results, contact the individual state agency responsible for the collection of CFOI data in that state. Although 
data for Puerto Rico, the U.S. Virgin Islands, and Guam are not included in the national totals for this release, 
results for these jurisdictions are available. Participating agencies and their telephone numbers are listed 
in Table 6.

Counts for over 300 MSAs are also available for 2012 from CFOI and detailed data are available for more than 50 MSAs. 
The MSAs with the most fatal occupational injuries in 2012 were New York-Northern New Jersey-Long Island (NY-NJ-PA) 
with 178, Houston-Sugar Land-Baytown (TX) with 90, Chicago-Joliet-Naperville (IL-IN-WI) with 81, and Los Angeles-Long 
Beach-Santa Ana (CA) with 81.

For more detailed information on fatal injuries by state and MSA, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Background of the program

The Census of Fatal Occupational Injuries (CFOI), part of the BLS Occupational Safety and Health Statistics (OSHS) 
program, compiles a count of all fatal work injuries occurring in the U.S. during the calendar year. The CFOI program 
uses diverse state, federal, and independent data sources to identify, verify, and describe fatal work injuries. 
This assures counts are as complete and accurate as possible. For the 2012 data, over 19,000 unique source documents 
were reviewed as part of the data collection process.

The Survey of Occupational Injuries and Illnesses (SOII), another component of the OSHS program, presents frequency 
counts and incidence rates by industry and also by detailed case circumstances and worker characteristics for 
nonfatal workplace injuries and illnesses for cases that result in days away from work. Incidence rates for 2012 
by industry and case type will be published in October 2013, and information on 2012 case circumstances and worker 
characteristics will be available in November 2013. For additional data, access the 
BLS Internet site: www.bls.gov/iif/. For technical information and definitions for the CFOI program, 
please go to the BLS Handbook of Methods on the BLS website at www.bls.gov/opub/hom/pdf/homch9.pdf.


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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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 the "national census" and workers' compensation.

Mar 17, 2011
US Lacks a Census of Occupational Illness and Disease. In a series of articles, Celeste Monforton discusses the absence in the U.S. of a comprehensive system for surveillance of occupational illnesses sand disease.

Sides rest in Calif. lead paint trial

Now a waiting the decision on the "Lead Paint Tria," the judicial deliberations will commence after closing arguements scheduled  for Sept. 23, 2013. Today's post was shared by Legal Newsline and comes from legalnewsline.com

Kleinberg
Kleinberg
Santa Clara County Superior Court Judge James Kleinberg on Thursday praised lawyers prosecuting and defending a 13-year-old lead paint public nuisance case after both sides rested at trial.

“Lawyers on both sides and their staff did an exceptional job in every way,” he said. “I must tell you that ‘impressed’ would be too mild of a word. All of your clients ought to be extremely, extremely proud.”
Kleinberg described the six-week trial experience as “difficult,” but “joyous.”

What awaits are a couple of deadlines for papers, but most importantly closing arguments which are set for Sept. 23.

At closing, plaintiffs will get 30 minutes for argument and 15 minutes for rebuttal. Each of the five defendants will get 30 minutes for argument and 15 minutes for rebuttal.

Ten California cities and counties are seeking declaration of public nuisance on pre-1978 built private residences with interior lead paint, as well as more than $1.2 billion in monetary damages to abate the lead in nearly 500,000 residences.

In The People of California v. Atlantic Richfield, et.al., other named defendants are The Sherwin Williams Co., Con Agra, DuPont, and NL Industries.
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Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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.

Why Is Obama Caving on Tobacco?

Tobacco in the workplace has been greatly reduced. It is,, and was a major contributing factor to occupational disease claims. Today's post was shared by WCBlog and comes from www.nytimes.com


LAST year I endorsed President Obama for re-election largely because of his commitment to putting science and public health before politics. But now the Obama administration appears to be on the verge of bowing to pressure from a powerful special-interest group, the tobacco industry, in a move that would be a colossal public health mistake and potentially contribute to the deaths of tens of millions of people around the world.


Although the president’s signature domestic issue has been health-care reform, his legacy on public health will be severely tarnished — at a terrible cost to the poor in the developing world — unless his administration reverses course on this issue.

Today in Bandar Seri Begawan, Brunei, representatives from the United States and 11 other nations begin the latest round of negotiations over the Trans-Pacific Partnership, a multinational trade agreement. The pact is intended to lower tariffs and other barriers to commerce, a vitally important economic goal. But if it is achieved at the expense of people’s health, the United States and countries around the world will be worse off for it.

On Access and Accountability — Two Supreme Court Rulings on Generic Drugs

Today's post was shared by WCBlog and comes from www.nejm.org

Perspective

Marcia M. Boumil, J.D., LL.M., and Gregory D. Curfman, M.D.

N Engl J Med 2013; 369:696-697August 22, 2013DOI: 10.1056/NEJMp1308368
Article

In June, the U.S. Supreme Court issued two rulings regarding the marketing of generic drugs that may alter the pharmaceutical business landscape. First, in Federal Trade Commission v. Actavis, the Court confronted the law governing a controversial pharmaceutical marketing practice known as reverse payment agreements, or pay for delay.1 This practice occurs when a generic drug company identifies a vulnerable patent held by a brand-name drug manufacturer and seeks approval from the Food and Drug Administration (FDA) for a generic version before the patent expires, provoking a lawsuit for infringement. The two companies then forge a settlement whereby the brand-name company pays the generics firm to delay commercialization of its product. Extending the monopolies of brand-name companies in this way reportedly costs consumers more than $3.5 billion per year.2 Since such settlements suppress competition, the Court sent the case back to the district court to be evaluated according to the “rule of reason,” one of the standards for determining whether an action violates antitrust law.

Second, in Mutual Pharmaceutical v. Bartlett, the Court ruled that generics manufacturers are substantially immune from civil claims regarding injuries caused by their products — a decision that eliminates a primary incentive for...

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Thousands of doctors practicing despite errors, misconduct

Today's post was shared by WCBlog and comes from www.usatoday.com

Dr. Greggory Phillips was a familiar figure when he appeared before the Texas Medical Board in 2011 on charges that he'd wrongly prescribed the painkillers that killed Jennifer Chaney.

The family practitioner already had faced an array of sanctions for mismanaging medications — and for abusing drugs himself. Over a decade, board members had fined him thousands of dollars, restricted his prescription powers, and placed his medical license on probation with special monitoring of his practice.

They also let him keep practicing medicine.

In 2008, a woman in Phillips' care had died from a toxic mix of pain and psychiatric medications he had prescribed. Eleven months later, Chaney died.

Yet it took four more years of investigations and negotiations before the board finally barred Phillips from seeing patients, citing medication errors in those cases and "multiple" others.

"If the board had moved faster, my daughter would still be alive," says Chaney's mother, Bette King, 72. "They knew this doctor had all these problems … (and) they did nothing to stop him."

Mari Robinson, executive director of the Texas medical board, says the Phillips case took "longer than normal, but we followed what we needed to do (by law)." Phillips could not be reached for comment.

Despite years of criticism, the nation's state medical boards continue to allow thousands of physicians to keep practicing medicine after findings of serious misconduct that puts patients at risk, a USA TODAY...

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UPS Won’t Insure Spouses Of Some Employees

Today's post was shared by WCBlog and comes from www.kaiserhealthnews.org

Partly blaming the health law, United Parcel Service is set to remove thousands of spouses from its medical plan because they are eligible for coverage elsewhere.

Many analysts downplay the Affordable Care Act’s effect on companies such as UPS, noting that the move is part of a long-term trend of shrinking corporate medical benefits. But the shipping giant repeatedly cites the act to explain the decision, adding fuel to the debate over whether the law erodes traditional employer coverage.

Rising medical costs, “combined with the costs associated with the Affordable Care Act, have made it increasingly difficult to continue providing the same level of health care benefits to our employees at an affordable cost,” UPS said in a memo to employees.

The company told white-collar workers two months ago that 15,000 working spouses eligible for coverage at their own employers would be excluded from the UPS plan in 2014. The Fortune 100 firm expects the move, which applies to non-union U.S. workers only, to save about $60 million a year, said company spokesman Andy McGowan.

UPS becomes one of the highest-profile employers yet to bar working spouses from the company plan. Many firms already require employees to pay a surcharge for working-spouse medical coverage, but some are taking the next step by declining to include them at all, consultants say.

“They are simply saying to the spouse outright, ‘If you have coverage somewhere else you are not eligible...

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NH Supreme Court outlines intoxication defense and other parameters of workers' comp claims

Today's post was shared by WCBlog and comes from www.therepublic.com

CONCORD, New Hampshire — The New Hampshire Supreme Court has ruled that intoxication must be determined to be the cause of an accident for it to be a defense against a workers' compensation claim.

The court sent Thomas Phillips' case back to the state Compensation Appeals Board for a finding on whether his intoxication caused him to fall from a tree while cutting a branch and suffer injuries that left him a quadriplegic.

Phillips received a break in his rent from his landlords and next-door neighbors — Norman and Diane Crocker of Danville — in return for doing maintenance work around both houses.

When he was hospitalized after the 2006 fall, his blood alcohol content was 0.27, more than three times the legal limit to drive.

A Department of Labor hearing officer awarded Phillips benefits, but the Compensation Appeals Board reversed that ruling in 2010, saying Phillips was drunk. But the board failed to specifically say that Phillips' intoxication was the cause of his fall and injuries.

"The CAB may have erroneously believed that the petitioner's intoxication alone was the enough to deny him benefits," Justice James Bassett wrote, in the unanimous ruling released Wednesday. "Our concern on this score is heightened by the fact that there were no witnesses to the accident and that there was evidence the accident may have occurred as a result of the tree branch snapping while (Phillips) was attempting to cut it."

Phillips' lawyer, Michael Mortimer, declined to...

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Thursday, August 22, 2013

US Supreme Court Asked to Review MSP Preemption Issue

The US Supreme Court has been asked to review a claim on behalf of an injured worker who asserts that the Medicare Secondary Payer Act did not preempt State law (i.e.. Texas) that required a Workers' Compensation claimant to obtain preauthorization from relevant insurance carriers before incurring certain medical expenses. The Fifth Circuit Court of Appeals held that Medicare's conditional payment for a workers surgeries did not render the  state law mandate for  preauthorization requirements "moot."

A Writ of Certiorari was filed with the US Supreme Court on Aug. 8, 2012 and a response is due September 11, 2013 

Guadalupe Caldera v. Insurance Company of the State of Pennsylvania, US Supreme Court Docket No. 12-40192. Case below, 716 F 3d 861, Docket No, 12-40192, 5th Cir Ct Appeals, Decided May 14, 2013.
….
Jon L.Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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.


Colorado Exchange Releases Health Insurance Rates

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

Colorado released its Obamacare insurance rates on Friday, joining 13 states and the District of Columbia in making rates public.

The state earlier made the call to be a clearinghouse exchange, rather than an active purchaser, and so, it has approved all 242 health plans submitted for sale on its marketplace, Connect for Health Colorado.  Thirteen carriers will offer 150 plans in the individual marketplace, and 92 for small businesses. The plans go on sale Oct. 1 for coverage that starts Jan. 1. Colorado also approved 299 plans for sale outside its exchange and prices for them.

“We’re very pleased with the number of carriers and plans,” Deputy Insurance Commissioner Peg Brown told the Connect for Health board Monday. “It represents a wide variety of choice … and healthy competition in the Colorado insurance marketplace overall,” Brown said.

Members of the exchange board greeted Brown’s announcement with applause but did not comment further.

The rates came out  more than two weeks later than the state’s Division of Insurance had initially promised.

So where do the Colorado rates fall in the ongoing debate about whether prices on the exchanges are reasonable? It might be the rare “just right” state.

Prices range from $135 a month on the low end to almost $1,000 a month for the most comprehensive coverage with some variation depending on a person’s age, where they live and whether they use...

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Ronald L. Motley 1944 - 2013

With deep sadness we share the news of the passing of Ronald L. Motley.

"It is with the deepest sadness and most profound grief that I must share with you the news that our friend, colleague, mentor, partner and co-founder of Motley Rice, Ron Motley, has passed away.

"Like many of you, I started my career learning from Ron the ins and outs of fighting the asbestos industry. It was because of Ron’s passion, tenacity, intelligence and persistence that he was able to secure the first victory in favor of a plaintiff against an industry that had knowingly put people’s health in jeopardy for decades. That victory would be just one in the beginning of a respected law career that allowed him to be a pioneer for justice and warrior for social accountability.

"Ron’s passing is an incalculable loss for all those he devoted his life’s work to, whether it was people sick from asbestos poisoning, State Attorneys General taking on Big Tobacco, 9/11 family members seeking to bankrupt terrorism, or anyone else who wanted his or her day in court to redress injustice.

"As many of you experienced first-hand, Ron was many things. A true giant of the legal profession. A trail blazer and innovator. A charismatic master of the courtroom. A tenacious interrogator. But most of all, he was marked by unmatched courage in going after any wrongdoer, no matter how big and powerful, and by his bottomless well of compassion for those who have been wronged. He proudly lived his life as a trial lawyer.

"Ron left an extraordinary legacy. It is my commitment, even as we mourn, that we should all rise above our sadness and devote ourselves to carrying his legacy forward. Indeed, there is no better way we can celebrate Ron’s life and honor his memory than by redoubling our efforts to put the powerless on a level playing field with the powerful, to get them their day in court, and to win justice for all.

"Ron always valued the relationships that he had with you and your organization. Through partnerships and friendships, Ron was able to share his passion and talent with so many. He will be greatly missed and forever remembered.

"We will share arrangement details as they are made. We appreciate your thoughts and prayers for Ron's family, friends and colleagues during this time.

Joe
Joseph F. Rice | Attorney at Law | Motley Rice LLC

Tacking Health Care Costs Onto California Farm Produce

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

Farm labor contractors across California, the nation’s biggest agricultural engine, are increasingly nervous about a provision of the Affordable Care Act that will require hundreds of thousands of field workers to be covered by health insurance.

While the requirement was recently delayed until 2015, the contractors, who provide farmers with armies of field workers, say they are already preparing for the potential cost the law will add to their business, which typically operates on a slender profit margin.

“I’ve been to at least a dozen seminars on the Affordable Care Act since February,” said Chuck Herrin, owner of Sunrise Farm Labor, a contractor based here. “If you don’t take the right approach, you’re wiped out.”

CDC estimates Lyme disease hits 300,000 each year

Outdoor workers continue to suffer from disease of the environment. Lyme disease, a cmpensable condition, remains a critical problem for those who work in the great outdoors. Today's post was shared by CIDRAP and comes from www.cidrap.umn.edu

Lyme disease, caused by bacteria carried by ticks, is particularly common in the northeastern and midwestern US.
A new estimate on Lyme disease suggests that about 300,000 Americans are sickened each year, which is about 10 times higher than the number of cases reported, according to an analysis of the latest information by the US Centers for Disease Control and Prevention (CDC).

Scientists from the agency base their projection on findings from three ongoing studies that are designed to better gauge the number of people diagnosed with Lyme disease each year. CDC researchers reported the preliminary findings yesterday at a tickborne disease conference in Boston.
Ongoing studies are based on medical claims information for about 22 million insured people, a survey of clinical laboratories, and self-reported Lyme disease cases from a survey of the general public, the CDC said in a press release today.

UW study finds link between lead paint, discipline problems

Lead paint continues to cause problems in the workplace and in homes throught the nation. Today's post was shared by FairWarning and comes from www.jsonline.com

A new study that analyzed medical and discipline data from Milwaukee Public Schools found young children who are exposed to lead are nearly three times more likely to be suspended from school by the fourth grade.

Lead — commonly found in paint in older homes and rental properties — may be more responsible for school discipline problems than previously realized, according to the study's author, Michael Amato, a doctoral candidate in the psychology department and the Nelson Institute for Environmental Studies at the University of Wisconsin-Madison.

Lead has been cited as a contributor to the academic achievement gap between black and white children because the powerful neurotoxin is more likely to be found in low-income housing. High levels of lead in the bloodstream may make children more likely to behave impulsively and may shorten their attention spans, according to previous research.

Fast-food workers call for nationwide walkout Aug. 29

Low wages, adverse working conditions  and minimal benefits are epidemic in the US fast food industry. As workers' compensation benefits are based on salaries, fast food workers tend to receive minimum standard benefits. Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com


Emboldened by an outpouring of support on social media, low-wage fast-food and retail workers from eight cities who have staged walkouts this year are calling for a national day of strikes Aug. 29.

The workers — who are backed by local community groups and national unions and have held one-day walkouts in cities such as New York, St. Louis and Detroit — say they have received pledges of support from workers in dozens of cities across the country.

The workers are calling for a wage of $15 an hour and the right to form a union. Organizers of the walkout say cashiers, cooks and crew members at fast-food restaurants are paid a median wage of $8.94 an hour.

Since some 200 workers walked off their jobs at fast-food restaurants in New York City in November, the strikes have moved across the country, drawing attention to a fast-growing segment of the workforce that until recently had shown no inclination to organize for purposes of collective bargaining.

NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim

A NJ Workers' Compensation Court affirmed the dismissal of a pulmonary claim ruling that the evidence presented was lacking, and that the statutory limitations of expert medical fees do not act to the detriment of the injured worker in the proof of a workers' compensation claim.
"In her written opinion, the compensation judge found the testimony of Dr.Kritzberg more credible than that of Dr. Hermele. The judge found that petitioner's counsel “trie[d] to make it appear that petitioner presented to Dr. Hermele on his own for treatment. That is simply not true. Petitioner's counsel sent petitioner to Dr. Hermele. Dr. Hermele did not treat petitioner.” Additionally, of great significance to the compensation judge was the fact that petitioner had been treating with a cardiologist for twenty-three years, testified that he believed his breathing difficulties were related to his heart condition, and had never been treated for any pulmonary condition, despite testifying that his pulmonary complaints worsened in 1988, while continuing to work for respondent for eleven more years. The judge inferred that petitioner's cardiologist never referred him to a pulmonary specialist for treatment.
The Court also held that an "adverse inference" could be drawn when the injured worker does not offer supporting medical records into evidence to prove a claim.
"The compensation judge drew an adverse inference “from the fact the petitionernever produced a certified copy of the records from his treating cardiologist orhad Dr. Hermele review said records as part of his evaluation[,]” noting that Dr.Hermele readily admitted “there is a relationship between the heart and thelungs.”
Furthermore, the medical evidence presented at the time of trial, support the lack of causal relationship of a pulmonary medical condition caused by a pre-existing cardiovascular condition, rather than an independent pulmonary condition cause by exposure to industrial air pollution.
"Critical for the court were the chest x-rays taken of the petitioner which
showed that he did not have bi-lateral flattening of his diaphragm. If he
truly had pulmonary disease unrelated to his heart condition[,] you would expect
to find bi-lateral flattening of the diaphragm. Only the left side of petitioner's diaphragm was flattened[,] which is to be expected since both doctors
agreed petitioner has cardiomegaly (enlargement of the heart).....

Wednesday, August 21, 2013

Workers' Compensation Benefits, Employer Costs Rise with Economic Recovery

NASI issued the following press release reflecting that workers' compensation costs are continuing to soar on the back of ever increasing medical expenses. The real question that remains unanswered is whether the Affordable Care Care will rein in costs and capture the workers' compensation delivery system in the process. Increased costs are good for workers' compensation carriers as they increase premiums to reflects those numbers. Looking down the road, a single Universal Medical Benefit program may present the only true alternative to achieve the cost savings employers need and want. Today's post was shared by WCBlog and comes from www.nasi.org


After declining in the wake of the recession, workers’ compensation benefits paid to injured workers and costs borne by employers increased in 2011 as the U.S. economy continued to recover, according to a new report by the National Academy of Social Insurance (NASI).

Total benefits rose by 3.5 percent to $60.2 billion.  The benefits include a 4.5 percent rise in medical care spending to $29.9 billion and a 2.6 percent rise in wage replacement benefits to $30.3 billion. Total costs to employers rose by 7.1 percent to $77.1 billion.

"Workers’ compensation often grows with the growth in employment and earnings,” said Marjorie Baldwin, chair of NASI’s Workers’ Compensation Data Panel and Professor of Economics in the W.P. Carey School of Business at Arizona State University.  When benefits and costs are measured relative to total covered wages, then benefits remained unchanged, and costs to employers rose very modestly (to $1.27 per $100 of wages) after declining in the previous five years.

Workers’ Compensation Benefits, Coverage, and Costs, 2011
Covered workers (in thousands)
Covered wages (in billions)
Workers' compensation benefits (in billions)
     Cash benefits$30.32.6%
Employer costs (in billions)$77.17.1%
Amounts per $100 of covered wages
    Cash payments to workers
Source: National...
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Changes to California Insurance Don’t Help

Today's post was shared by WCBlog and comes from www.lawyersandsettlements.com

Changes to California Insurance Don’t Help
By  Fresno, CA:

A California woman whose life has been described as “a living hell” blames the insurance underwriter, in association with her former employer, for leaving her high and dry with
denied disability insurance for the past eight years. Injured on the job in 2003, she was only paid benefits for two years. In spite of substantial evidence as to the woman’s disability, the insurer stopped payments, resulting in job loss and homelessness.

Guadalupe Ortega even had her children taken away from her, according to The Fresno Bee (8/6/13).

Ortega’s denied ERISA disability story is heart-wrenching. The one-time employee of Lyons Magnus of Fresno was injured on the job about 10 years ago, suffering injuries to her shoulder, neck and back. Her employer acknowledged that Ortega’s injuries were work-related and occurred on the job. Doctors having examined Ortega concur that the woman is 70 percent disabled.