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

Thursday, September 5, 2013

To Promote Wellness, Public Health Departments Are Launching Apps. Will They Work?

Employee health concerns will soon be advanced by technology. Knowledgeable use of "apps" will assist workers' in identifying occupational conditions and hazards. Today's post was shared by RWJF PublicHealth and comes from healthland.time.com

Courtesy of Alabama Department of Public Health
Courtesy of Alabama
Department of Public Healt

The Alabama Department of Public Health is venturing into the mobile universe as the first state with a health app for residents.

“Normally Alabama comes in last when it comes to health indicators, but we were one of the first states to be on Facebook and Twitter and YouTube. This is just another goal for us,” says Jennifer Pratt Sumner, the director of the digital media branch of the department.

The app, which is free to download from Google Play or iTunes, brings all of the social media feeds put out by the various public health divisions into one place. It also provides health news alerts and information about wellness events, such as the annual Alabama Youth Rally. Some recent tips included educational conferences open to the public, and tips on safely consuming shellfish in the state.

(MORE: Two-Faced Facebook: We Like It, but It Doesn’t Make Us Happy)
“As more and more Americans use their smartphones to gather health information, I think we’ll see a greater number of health departments rolling out their own apps,” says Alexandra Hughes, an account director at Ogilvy Public Relations Worldwide, who wrote an analysis on social media effects entitlted “Using Social Media Platforms to Amplify Public Health Messaging” [PDF].

“Consumers are already flocking to apps to do things like count calories, prepare healthier...
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Wednesday, September 4, 2013

A fatal trend: N.J. train deaths have increased since state launched safety initiative

Transportation accidents continue to be a major cause of work-related accidents. Today's post was shared by WCBlog and comes from www.nj.com


Spurred by the deaths of three teenage boys on the train tracks in a 24-hour period in 2011, the state Department of Transportation and NJ Transit redoubled safety efforts.

The agencies extended fencing, stepped up patrols and placed new warning signs at stations. They increased education in schools and filmed hard-hitting public service announcements, one of them bluntly titled "You’re Dead."

They even took to social media, targeting kids and adults alike with the message that a train is a brutally efficient killer.

But more than a year after that safety initiative was launched, the deaths continue to mount. Worse, they have accelerated.

UConn Health Center Study: Conn. Occupational Illnesses Above National Average

Occupational injuries remain compensable conditions. Most occupational conditions remain unreported and undiagnosed. Today's post was shared by WCBlog and comes from mansfield.patch.com


There were 7,265 unique cases of occupational illnesses reported to either the Workers’ Compensation Commission or the Department of Public Health in 2011 based on a study by the UConn Health Center prepared for the Connecticut Workers’ Compensation Commission. This is in addition to cases of traumatic occupational injury reported by the Connecticut Labor Department in its annual survey.

The overall 2011 rate of occupational illness in Connecticut is 27.8 illnesses per 10,000 workers, 35 percent higher than the national average, based on the standardized survey compiled by the Connecticut Labor Department. Both numbers of illnesses and rates of illnesses increased over 2010 for all three data sources for the report, although one of those sources was incomplete for the earlier year.

Occupational Disease in Connecticut, prepared for the Connecticut Workers’ Compensation Commission by occupational and environmental expert Tim Morse of the Health Center, reviewed information for the 2011 reporting year from three sources: the State Labor Department/Bureau of Labor Statistics (BLS) survey; the  Reports of First Injury to the Connecticut Workers Compensation Commission; and the  physicians reports to the Connecticut Department of Public Health under the Occupational Illnesses...
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Statement on malignant mesothelioma in the United Kingdom

Asbestos exposure is causally related to mesothelioma, a fatal cancer. Today's post was shared by WCBlog and comes from thorax.bmj.com


Malignant mesothelioma is one of the more difficult diseases that doctors, patients, and families have to face. It is almost always caused by inhalation of asbestos fibre many years before presentation. Diagnosis can be difficult, there is little hope of a cure, and the disease has the potential for extremely unpleasant symptoms.

The incidence is increasing rapidly and the position of mesothelioma in the league table of cancer related deaths is rising. However, few doctors have managed sufficient numbers of patients to have acquired comprehensive clinical experience of the disease. Furthermore, the relative rarity of the condition and lack of extensive research mean that clinicians do not have reliable evidence on which to base their practice.

What's Your Labor Worth? For Most of Us, Less Than It Was in 2000

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

A confused man, holding a pen, sitting amidst piles of binders

A confused man, holding a pen, sitting amidst piles of binders
Historically, Labor Day is a day for celebrating America's workers -- a factor that influenced everything from its founding to the date on which it was placed. Coming roughly midway between Independence Day and Thanksgiving, it was intended to give workers a respite to break up the long holiday-free stretch in the latter half of the year.

(Of course, since Labor Day is a national holiday, the makes the first Monday in September a prime date for merchants hoping to attract customers -- a factor that doesn't work out all that well for the estimated 11 percent of American workers employed in retail sales.)
So, as we honor America's workers, we're taking a peek at some of the factors, good and bad, affecting American labor.

One Claim Going OTOC

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com

By now you've likely heard of this claimant fraud case as reported in the
San Diego County News

Yolandi Kohrumel, 35, went to work for Staples about 10 years ago. After three months on the job she claimed a box fell on her big toe and broke it.
She received treatment and benefits.

But the big toe is connected to the foot bone, which is connected to the leg bone, which is connected to the hip bone, which is connected to the back bone....

An EAMS search on her claim reveals wrist, back, lower extremities, nervous system and "other body systems" claimed. The party service list is filled with very familiar names to those who do workers' compensation litigation in Southern California.

Eventually Kohrumel even got approval for 24 hour care, provided for, of course, by relatives - her husband at first and then her father.

You get the picture. Claim out of control. Which means either something is REALLY wrong with this lady, or it's fraud.

The claims administrator, ESIS, followed the law and did what it could to dispute elements of the claim that didn't add up - such as the 24 hour care provided by her South African husband who did not have a work permit (so dad stepped in to "provide care").

Surgeries, pain pills, lots of doctors, crutches, wheelchairs, lots of TTD payments. She even convinced the claims administrator that she needed a bigger place to live for her wheelchair access and the administrator went for it.

Well, that became Kohrumel's undoing because the...
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Avoidable Deaths from Heart Disease, Stroke, and Hypertensive Disease — United States, 2001–2010

The US CDC reports that deaths attributed to lack of preventive health care or timely and effective medical care can be considered avoidable. In this report, avoidable causes of death are either preventable, as in preventing cardiovascular events by addressing risk factors, or treatable, as in treating conditions once they have occurred. Although various definitions for avoidable deaths exist, studies have consistently demonstrated high rates in the United States. Cardiovascular disease is the leading cause of U.S. deaths (approximately 800,000 per year) and many of them (e.g., heart disease, stroke, and hypertensive deaths among persons aged <75 years) are potentially avoidable.

9/11 Claim Fund Countdown To The October 3, 2013 Deadline

Zadroga 9/11 Claim Fund Countdown



"The Victims Compensation Fund (VCF) was originally established by Congress in 2001. It was designed to bring financial relief to those most devastated by the events of September 11, 2001. The original VCF provided compensation to eligible individuals who were physically injured as a result of the terrorist attacks and the beneficiaries and families of individuals killed as a result of the terrorist attacks. The original VCF operated from December 2001 until June 2004.
"On January 2, 2011, the President signed the Zadroga Act into law. Title II of the Zadroga Act amends the original 2001 Act and reopens the VCF. The new VCF expands the eligibility rules so that more individuals can now receive compensation. The new VCF now provides compensation to eligible individuals who were present at the crash sites or locations of debris removal from September 11, 2001 through May 30, 2002. (The original VCF provided compensation only for persons who were present in the 96 hours following the attacks).
"The new VCF will be open to receive claims for five years (beginning October 3, 2011). However, the deadline for filing your claim is two years after you learn of your physical harm. That means that if you knew about your harm before October 3, 2011, you must file your claim before October 3, 2013. If you learn of your physical harm after October 3, 2011, your deadline to file is two years after the date on which you learned of the harm. To meet this deadline, the VCF must receive your complete Registration Form within the relevant two-year window if you submit your claim online. If you choose to submit your claim in hardcopy, the VCF must receive your Eligibility Form, even if not complete, within the relevant two-year window. Congress appropriated $2.775 billion for the new VCF and authorized the VCF to distribute $875 million of that amount during the first five years of operations.
"Your participation in the VCF is voluntary. If you choose to make a claim with the VCF, you waive your right to bring a lawsuit to recover for any injuries you claim as a result of the attacks.
...
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 asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

Read more about the Zadroga 9/11 Health Claim Fund

Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

Tuesday, September 3, 2013

Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...

The Social Security Administration turns down many worthy applicants when they first apply.
Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.
     There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis. Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security. There must be convincing medical documentation. Much of my day is spent obtaining and reviewing the medical records of my clients, and ensuring that the decision-makers at Social Security also see them.
...the medical condition must be not only serious, but also prolonged.
     Many people are not familiar with Social Security’s definition of disability or the program’s rules, so they do not realize that the disabling medical condition or conditions must be serious enough to have prevented the person from working for AT LEAST 12 continuous months. If the individual has not yet been out of the labor market for a period of at least one year, it must be very clear that this will be the case. In situations where there is doubt about this, Social Security typically turns down the claim. I have had callers who have been unable to work for a few months while going through chemotherapy treatment for cancer, but have been able to get back to work in less than one year. They do not qualify for Social Security Disability benefits. So the medical condition must be not only serious, but also prolonged.
     One broadly held belief about Social Security Disability is, in fact, true: The Social Security Administration turns down many worthy applicants when they first apply. It is necessary to appeal (the first appeal is called a Request for Reconsideration). Often, a second denial follows. Then it is necessary to request a hearing in front of a judge. For a person who is too sick to work, not feeling well, and home alone trying to navigate this system, it can be daunting. One of the joys of my practice is our capacity to lend support to such individuals, to take the reins of the case and drive it forward, so my client can concentrate on taking care of herself or himself while I and my staff handle the legal stuff.
     We are able to offer representation to people at any stage in the process, including initial application. We are happy to talk with callers who are weighing their options, and simply need information in order to know whether to apply for benefits in the first place. There is no charge for such calls, so do not hesitate to contact us if you have questions about Social Security Disability.
Photo credit: Thomas Hawk / Foter.com / CC BY-NC

Love for Labor Lost

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


It wasn’t always about the hot dogs. Originally, believe it or not, Labor Day actually had something to do with showing respect for labor.

Here’s how it happened: In 1894 Pullman workers, facing wage cuts in the wake of a financial crisis, went on strike — and Grover Cleveland deployed 12,000 soldiers to break the union. He succeeded, but using armed force to protect the interests of property was so blatant that even the Gilded Age was shocked. So Congress, in a lame attempt at appeasement, unanimously passed legislation symbolically honoring the nation’s workers.

It’s all hard to imagine now. Not the bit about financial crisis and wage cuts — that’s going on all around us. Not the bit about the state serving the interests of the wealthy — look at who got bailed out, and who didn’t, after our latter-day version of the Panic of 1893. No, what’s unimaginable now is that Congress would unanimously offer even an empty gesture of support for workers’ dignity. For the fact is that many of today’s politicians can’t even bring themselves to fake respect for ordinary working Americans.

Night Shift Work Causally Linked to an Increase in Breast Cancer

By Jon Gelman from Jon L Gelman LLC

Working at night increases the risk of breast cancer according to a recent study.
Objectives The potential mechanisms that link night-shift work with breast cancer have been extensively discussed. Exposure to light at night (LAN) depletes melatonin that has oncostatic and anti-estrogenic properties and may lead to a modified expression of estrogen receptor (ER) α. Here, we explored the association between shift work and breast cancer in subgroups of patients with ER-positive and -negative tumors.
Methods GENICA (Gene–ENvironment Interaction and breast CAncer) is a population-based case–control study on breast cancer with detailed information on shift work from 857 breast cancer cases and 892 controls. ER status was assessed by immunohistochemical staining. Associations between night-shift work and ER-positive and -negative breast cancer were analyzed with conditional logistic regression models, adjusted for potential confounders.
Results ER status was assessed for 827 cases and was positive in 653 and negative in 174 breast tumors. Overall, 49 cases and 54 controls were “ever employed” in shift work including night shifts for ≥1 year. In total, “ever shift work” and “ever night work” were not associated with an elevated risk of ER-positive or -negative breast tumors. Night work for ≥20 years was associated with a significantly elevated risk of ER-negative breast cancer [odds ratio (OR) 4.73, 95% confidence interval (95% CI) 1.22–18.36].
Conclusions Our case–control study suggests that long-term night-shift work is associated with an increased risk of ER-negative breast cancers. Further studies on histological subtypes and the analysis of other potentially relevant factors are crucial for discovering putative mechanisms
The report:  Rabstein SHarth VPesch BPallapies DLotz AJustenhoven CBaisch C,Schiffermann MHaas SFischer H-PHeinze EPierl CBrauch HHamann UKo Y,Brüning T, "Night work and breast cancer estrogen receptor status – results from the German GENICA study", Scand J Work Environ Health 2013;39(5):448-455 doi:10.5271/sjweh.3360,  2010;36(2):163-179 2010;36(2):134-141

Read more about "breast cancer" and workers' compensation:

Jul 02, 2013
Objectives Long-term night work has been suggested as a risk factor for breast cancer; however, additional studies with more comprehensive methods of exposure assessment to capture the diversity of shift patterns are ...
Dec 15, 2012
A semiconductor plant worker, who had been exposed to solvents and radiation while working 5 years at a semiconductor factory in South Korea has been held to have suffered an compensable disease related to her ...
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
Dec 05, 2012
Breast Cancer and the Environment: A Life Course Approach - Institute of Medicine: "With more than 230,000 new cases of breast cancer expected to be diagnosed in the United States in 2011, many wonder about the role ...

Monday, September 2, 2013

Media Portrays Social Security as an Avenue to Benefits for the Unemployed - WRONG! It's Not That Simple...

The Social Security Administration turns down many worthy applicants when they first apply.
Photo credit: Thomas Hawk / Foter.com 
Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

There is a lot in the news these days about the Social Security Disability Program, with some pundits suggesting people are getting on benefits simply because they are unemployed, or because they claim to be injured or ill when in fact they are able-bodied and fully capable of working. Every day, all day, I work with people filing for Social Security Disability benefits. 

So I work with the program’s rules - yes, there are rules for deciding these cases – it is not enough just to claim to be disabled. And I come face to face with individuals who are struggling, sometimes with a major health issue such as cancer, or rheumatoid arthritis, or Multiple Sclerosis

Other folks have multiple health problems that have combined to force them from the labor market. All of them have medical records, often reams of them, documenting diagnoses, chronicling surgeries and other treatment regimens. This is one big thing I think the general public does not know: a person must have one or more diagnoses from a qualified physician that could account for the symptoms and limitations he or she is reporting to Social Security. 

Subcontractor Servitude

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


THE words “guest workers” and “strike” are not often seen together. Yet twice this summer, members of a group of more than 150 Jamaican guest workers who clean luxury Florida hotels and condos walked off the job. The workers came to the United States in April anticipating a summer of hard work and decent earnings to send home. Instead, they encountered the black hole of labor subcontracting.

Labor-recruitment firms brought the workers from Jamaica to the Florida Panhandle. Cleaning contractors hired them and then leased them out to scrub toilets and sweep sand from floors for vacation property companies.

By the time the workers first went on strike, in June, they had much to protest. They had borrowed to pay recruitment fees of $2,000 to $2,500, counting on promises of full-time work and good housing. But in Florida, the cleaning company packed as many as 15 people into unfurnished two-bedroom apartments, for which it collected as much as $5,000 a month. Charges for rent and required extras like $70 for a T-shirt “uniform” reduced the workers’ net pay to subminimum levels, sometimes even zero, and — the final insult — paychecks repeatedly bounced. Children back home waited for money that never came.

Fast and Flawed Inspections of Factories Abroad

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


Inspectors came and went from a Walmart-certified factory in Guangdong Province in China, approving its production of more than $2 million in specialty items that would land on Walmart’s shelves in time for Christmas.

But unknown to the inspectors, none of the playful items, including reindeer suits and Mrs. Claus dresses for dogs, that were supplied to Walmart had been manufactured at the factory. Instead, Chinese workers sewed the goods — which had been ordered by the Quaker Pet Group, a company based in New Jersey — at a rogue factory that had not gone through the certification process set by Walmart for labor, worker safety or quality, according to documents and interviews with officials involved.

To receive approval for shipment to Walmart, a Quaker subcontractor just moved the items over to the approved factory, where they were presented to inspectors as though they had been stitched together there and never left the premises.

Soon after the merchandise reached Walmart stores, it began falling apart.
Fifteen hundred miles to the west, the Rosita Knitwear factory in northwestern Bangladesh — which made sweaters for companies across Europe — passed an inspection audit with high grades. A team of four monitors gave the factory hundreds of approving check marks. In all 12 major categories, including working hours, compensation, management practices and health and safety, the factory received the top grade of “good.”...
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Lead Paint Makers Could Face The Same Fate As Big Tobacco

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


A lawsuit in California that seeks some $1 billion from former lead paint manufacturers is far from the first attempt to hold the industry liable for decades of poisoning children and leaving lingering contamination.

But experts such as Richard Rabin -- who directed a lead poisoning registry at the Massachusetts Department of Labor for over 20 years -- think the case just might be the first to finally succeed, marking the end of a long losing streak.

"My ideal hope is something along the lines of what happened with tobacco," said Rabin, who initiated the inaugural trial against the lead paint industry more than 25 years ago.
"It's gone on and on and on," he said of lead litigation, even as research uncovering lead's dangers, "keeps coming and coming."

After fending off lawsuits since the 1950s, the tables eventually turned on big tobacco, forcing the industry to pay out hundreds of billions of dollars in the late 1990s. At that point, it had become common knowledge that the industry was well aware of the addictive qualities and the health hazards of their products.

In 1987, with nearly a century of documented dangers accumulated on childhood lead poisoning, a lawsuit -- spurred by Rabin -- was filed on behalf of a Boston girl exposed to lead paint as a toddler.

"I want to be a lawyer, but I don't think I can do the studying,'' Monica Santiago told The New York Times in 1988, then 15 years old. ''In school they teach me, but I forget. The kids call me dumb. Sometimes when I do...
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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.

Brain injuries a big problem for NFL in California

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


By the thousands, professional athletes from around the country are seeking medical care or money through California's workers' compensation system for brain trauma and other injuries suffered on the playing field.

Former athletes have filed more than 4,400 claims involving head and brain injuries since 2006 — seven times more than in the previous 15 years, according to a Times analysis of state records. Nearly three-quarters of all new claims made in California now include alleged brain injuries.
Most of these claims come from former pro football players, brought by superstars such as Joe Theismann, Tony Dorsett and Earl Campbell, as well as unheralded practice squad players.
NFL brain injuries
NFL brain injuries

Fukushima radiation levels spike, company says

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


There's been a sharp spike in radiation levels measured in the pipes and containers holding water at the crippled Fukushima Daiichi nuclear plant in Japan.

But the company in charge of cleaning it up says that only a single drop of the highly contaminated water escaped the holding tanks.

Tokyo Electric Power Company said it is confident it can provide safety for workers dealing with the problem.

"We will find out the cause of this issue and make proper counter measures immediately, and continue to make every effort to secure safety of workers," the company said in a statement released Sunday.

TEPCO found high radiation readings at the contaminated water storage tanks and pipe Saturday. The four locations are the bottom of three tanks and a pipe connecting tanks in separate area.
The highest reading as 1800 millisieverts per hour at the bottom fringe of the tank. 220 and 70 mSv were measured at the bottom of other two tanks. And TEPCO said they found a dried stain under the pipe with 230 mSv/h radiation measurement.

One drop of liquid fell when a staff member pressed on insulation material around the pipe. But TEPCO said no contaminated water leak is expected as there were no change in the water level in tanks.

The enormous tanks are identical to the container that was announced last week to have leaked 300 tons of highly toxic water and sparking a hike to the threat level to "serious."
TEPCO will investigate the cause and look further if there were any...
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Labor, Then and Now

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


On Thursday, the day after the 50th anniversary of the March on Washington, thousands of fast-food workers in 60 cities walked off their jobs, the latest in an escalating series of walkouts by low-wage workers demanding higher pay and the right to organize without retaliation.

The parallels, though inexact, are compelling. A half-century ago, the marchers called on Congress to increase the minimum wage from $1.15 an hour to $2 “so that men may live in dignity,” in the words of Bayard Rustin, one of the chief organizers of the march. Today, the fast-food workers also seek a raise, from the $9 an hour that most of them make to $15.00 an hour. That’s not much different from what the marchers wanted in 1963; adjusted for inflation, $2 then is $13.39 an hour today.

The strikers are targeting their employers — profitable companies like McDonald’s, Yum Brands (which includes Taco Bell, Pizza Hut and KFC) and Wendy’s. But Congress could help. Today’s minimum wage is a miserly $7.25 an hour — which is actually lower, adjusted for inflation, than it was 50 long years ago. Raising it would support the legitimate demands of the strikers and underscore the pressing needs of the country’s growing ranks of low-wage workers.

A Victory for Silica Dust Exposed Workers?

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


Today, after a much-criticized delay on issuing a rule to limit workers' exposure to cancer-causing silica dust, the Obama administration put forward a proposed rule for public consideration. The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) estimates that once the rule is in effect, it could save 700 lives a year and prevent nearly 1,600 cases of silicosis annually.

In an OSHA press release, Dr. David Michaels, assistant secretary of labor for occupational safety and health, commented, "Exposure to silica can be deadly, and limiting that exposure is essential. Every year, exposed workers not only lose their ability to work, but also to breathe. This proposal is expected to prevent thousands of deaths from silicosis—an incurable and progressive disease—as well as lung cancer, other respiratory diseases and kidney disease. We're looking forward to public comment on the proposal."

Workplace safety advocates applauded the decision. In a press release issued by the non-profit National Council for Occupational Safety and Health, executive director Tom O'Conner noted that workers who are most exposed to silica tend to be those least able to advocate for themselves.

"Low-wage immigrant workers and temporary workers are disproportionally represented in the industries with silica exposure—and are the most vulnerable to retaliation should they report potential hazards, injuries or illnesses," O'Conner said. "This new rule will...
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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.

Long Overdue Silica Dust Rule Issued, Final Action Must Be Swift, Says Trumka

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


Sixteen years ago, federal workplace safety officials began developing a rule to control and limit workers’ exposure to silica dust. Some 2 million workers are exposed to this deadly dust each year and, according to public health experts, more than 7,000 workers develop silicosis and 200 die each year as a result of this disabling lung disease.

Today, the Occupational Safety and Health Administration (OSHA) finally issued a proposed rule. AFL-CIO President Richard Trumka says the new rule was welcome but calls the proposed standard “long overdue” and notes that the rule is still only a proposal.

Workers exposed to silica dust will only be protected when a final rule is issued. Some industry groups are certain to attack the rule and try to stop it in its tracks. The AFL-CIO will do everything we can to see that this does not happen. We urge the Obama administration to continue moving forward with the public rule-making process without delay. The final silica rule should be issued as fast as humanly possible, to protect the health and lives of American workers
Silicosis literally suffocates workers to death. It also causes lung cancer and other diseases. Says Trumka: Silica dust is a killer.

Government workers' compensation payments surge in New Orleans

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

new-orleans-city-hall.jpg

As New Orleans Mayor Mitch Landrieu continues to weave through another tight budget year, his administration is having to deal with yet another major fiscal blow: a projected $8 million jump in payments this year to city employees hurt on the job.

Landrieu's budget director, Cary Grant, told the City Council's Budget Committee this week that he expects payments for workers' compensation claims -- primarily from firefighters -- will increase from $16 million in 2012 to $24 million by the end of 2013.

Grant offered no theory for the 50 percent jump, but he said the administration has hired a forensic auditing firm from Sacramento, Calif., Bickmore Risk Services, to comb through the city's stacks of claims and payments to find ways to save money. Auditors will also examine the work of the claims management firm Landrieu hired last year: Hammerman & Gainer Inc. of New Orleans.

Bickmore began its audit on Monday, said Deputy Chief Administrative Officer Courtney Bagneris, who has been filling in for the city's departed risk management director, Michael McKenna. She told the committee the administration expects to have a full report by mid-October.

The city has roughly 1,000 outstanding workers' compensation claims, with more than three out of four coming from the Fire Department. To slow that trend, Bagneris said, the administration is developing a "light-duty program" that will let...
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