Copyright

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

Sunday, September 8, 2013

Price of Vicodin Three Times More in Maryland and Pennsylvania When Dispensed by a Physician

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


New studies from Cambridge-based Workers Compensation Research Institute (WCRI) says the average price paid for physician-dispensed Vicodin, a commonly dispensed narcotic pain medication in Maryland and Pennsylvania, was three times more than the price paid for the same drug dispensed at a pharmacy ($1.46 versus $0.37 per pill in Maryland and $1.22 versus $0.37 per pill in Pennsylvania).

According to the studies, the average prices paid to physician-dispensers were often more than double the prices paid for the same drugs dispensed at a pharmacy. Issues related to physician dispensing in Maryland have been debated, but no change has been made.

Physician dispensing has been growing rapidly in Pennsylvania. In 2011, physicians dispensed 23 percent of workers’ compensation prescriptions and were paid 38 percent of what was spent for all prescriptions for injured workers. This was an increase from 17 percent of all prescriptions and 18 percent of total prescription costs three years earlier.

“In many states across the country, policymakers are debating whether doctors should be paid significantly more than pharmacies for dispensing the same drug,” said Dr. Richard Victor, WCRI’s executive director. “One question for policymakers is whether the large price difference paid when physicians dispense is justified by the benefits of physician dispensing.”

The Maryland  study found that prices paid to physician-dispensers for many common drugs...
[Click here to see the rest of this post]

Workers’ Compensation Task Force meets

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


The Workers’ Compensation Task Force reconvened Friday to kick off a series of monthly meetings designed to further address the state of Delaware’s workers compensation premiums.

Four months earlier, the task force presentation an 18-point plan to reform the state’s increasing workers’ compensation. The plan was translated to legislation and signed into law in June.

“We have had some developments since we issued our report,” said Lt. Gov. Matthew Denn, the chairman of the 20-member task force.

Since 2007, the state has been working to cut back on high premium rates. Insurance legislation enacted in 2007, Senate Bill 1, included provisions to create a Health Care Advisory Panel (consisting mostly of health care personnel) to reform the payment system and develop practice guidelines for the most common workplace injuries, as well as create a Data Collections Committee. The reforms passed helped the state facilitate nearly a 40 percent decrease in rates, jumping from having the nation’s third most expensive workers compensation premiums in 2006 to the 34th most expensive by 2010, according to the Oregon Workers’ Compensation Premium Rate Ranking Summary.

But, the premium rate has skyrocketed since then, rising over 40 percent in two years.

The legislation, House Bill 175, addresses the task force’s four major workers compensation concerns.
Curbing the high workers compensation medical costs was a priority, so the...
[Click here to see the rest of this post]

ILO domestic worker rights treaty enters into force




The International Labor Organization [official website] Domestic Workers Convention, 2011 (No. 189) [text] came into force [ILO press release] on Thursday, extending basic labor rights to workers in signatory countries. The convention became binding international law to a number of countries, prompting many to begin implementing legislative reforms aimed at improving domestic workers' labor and social rights. Approximately 53 million workers will be affected by the convention, which gives employees the right to claim basic rights, including days off each week, set hours and a minimum wage.

ILO member states Bolivia, Italy, Mauritius, Nicaragua, Paraguay, Philippines, South Africa and Uruguay have already ratified the convention. Costa Rica and Germany have begun the ratification process, while a number of other countries, including the US, have begun implementing labor laws and regulations.

According to a January ILO study [JURIST report], entitled Domestic Workers Across the World [text, PDF], domestic workers working for private households are vulnerable due to a lack of clear terms of employment, as well as their exclusion from labor legislation. Rights of domestic workers has been a controversial issue for years. Last September the Domestic Workers Convention was ratified [JURIST report] by enough countries to qualify to go...



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

[Click here to see the rest of this post]

Federal arbitration board orders FEMA to pay New Orleans Katrina responders

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




The US Civilian Board of Contract Appeals [official website] has ordered [text, PDF] the Federal Emergency Management Agency (FEMA)to pay the City of New Orleans [official websites] $10.8 million in connection to Hurricane Katrina [JURIST news archive] in 2005. The decision, issued last week, comes in response to a June 2012 request for arbitration by the City of New Orleans following a May 2012 decision by FEMA regarding:
The money reimbursement of one third of the city's regular time salary costs for its police, fire, and emergency medical services (EMS) first responders who performed emergency disaster response work during the first four months after Hurricane Katrina struck the city.
FEMA contended in a February 2012 e-mail to the City of New Orleans, and in a May 2012 decision letter, that according to pre-existing agency policy and procedure it was unable to provide funding. The Board rejected FEMA's argument, concluding that FEMA policy does not prohibit FEMA from providing reimbursement of regular pay incurred following a disaster. Numerous legal issues have sprung up in the wake of Hurricane Katrina. In 2012 the US Court of Appeals for the Fifth Circuit [official website] ruled [JURIST report] that the US Army Corps of Engineers (USACE) [official website] was not liable for damages caused by canal breaches that occurred during Hurricane Katrina.The ruling overturned a March decision by the same Fifth Circuit panel, which held that...
[Click here to see the rest of this post]

California bill limiting workers' comp claims by athletes advances

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

An effort by the National Football League and owners of other professional sports teams to limit workers' compensation claims by out-of-state athletes is close to final passage in the California Legislature.
The measure cleared the state Senate on Friday on a 34-2 vote. In May, it passed the Assembly on a 61-4 tally.

The proposal is expected to win final passage next week in the Assembly and to be on the governor's desk shortly after the scheduled Sept. 13 legislative recess.

Because of its liberally interpreted workplace injury laws, California has become the de facto forum of last resort for so-called cumulative trauma claims, including head injuries, by retired players. Many of them may have participated in just a handful of games in California over the course of their careers.

The crackdown on athletes' workers' compensation claims has been the focus of a major lobbying campaign by the NFL and other pro-sports leagues. Former athletes have filed more than 4,400 claims involving head and brain injuries since 2006.

Such claims represent an estimated potential $1-billion liability for the NFL alone.

The bill, AB 1309 by Assemblyman Henry T. Perea (D-Fresno), does not affect players who spent their careers with California-based football, baseball, basketball, hockey and soccer teams.

However, it bans claims from athletes who played for California teams for less than two seasons, and those who played for California teams at least two seasons but spent seven...

[Click here to see the rest of this post]


Found on




Facebook Delays New Privacy Policy

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


Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.
Karen Bleier/Agence France-Presse
Getty Images
Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.

proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.

Facebook has apparently decided to delay a proposed new privacy policy after a coalition of privacy groups asked the Federal Trade Commission on Wednesday to block the changes on the grounds that they violated a 2011 settlement with the regulatory agency.

A spokeswoman for the F.T.C. confirmed Thursday that the agency had received the letter but had no further comment.

In a statement published by The Los Angeles Times and Politico on Thursday afternoon, Facebook said, “We are taking the time to ensure that user comments are reviewed and taken into consideration to determine whether further updates are necessary and we expect to finalize the process in the coming week.”

Asked about the delay, a Facebook spokesman said he was unaware of the latest developments.
When it first announced the changes on Aug. 28, Facebook told its 1.2 billion users that the updates were “to take effect on September 5.”

The changes, while clarifying how Facebook uses some information about its users, also contained a shift in legal language that appeared to put the...
[Click here to see the rest of this post]

Bill to protect texters who send messages to drivers is promised

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



A Republican assemblywoman from Monmouth County plans to introduce legislation to protect texters from being sued if they send a distracting message to a driver who gets into an accident.
The bill, authored by Assemblywoman Caroline Casagrande, comes in response to last week’s groundbreaking decision by two state appeals court judges who said texters who send messages to someone they know is driving have a responsibility to other drivers.

“It is a sad state of affairs when a court believes that someone sending a text message can be held accountable if they have a special reason to know the recipient will be driving a vehicle and then read the message,” Casagrande said. “This legislation puts the responsibility where it belongs – in the front seat with the driver – not with the sender who can be held culpable for something beyond their control.”

Last week’s ruling was the result of an appeal by a couple who were riding a motorcycle through Morris County in September 2009 when they collided with a pickup truck that had just crossed over a double center line. The couple, David and Linda Kubert, each lost a part of a leg in the crash.
They sued driver Kyle Best of Wharton and Shannon Colonna, who sent Best a text message moments before the accident.

A three-judge panel tossed out claims against Colonna, saying there was no evidence to suggest she knew Best was driving. However, two members of the appellate panel said...
[Click here to see the rest of this post]

Saturday, September 7, 2013

Will Labor's Marriage With Industry Result in A Major Workers' Compensation Opt-Out Movement?

The recent emergence of an effort to create mandatory plant representation by organized Labor might be just the thing that tips traditional workers' compensation programs into oblivion. Emerging out of a recent unwinding of the economy, and failed welfare and retirement programs, is an effort to reorganize the US manufacturing sector.

"Volkswagen is working with the United Automobile Workers at its Chattanooga, Tenn., assembly plant on how to unionize the plant and create a German-style works council there, the president of the labor union said on Friday."

Read the complete article, "VW and Its Workers Explore a Union at a Tennessee Plant" (NY Times)

Preventing Occupational Heart Fatalities

The US CDC has published a report on co-morbidity factors that precipitate fatal heart disease. This is yet another case why "wellness examinations" and prevention should be integrated into workers' compensation insurance coverage, especially in light of an aging workforce. 
Rates* of avoidable death from heart disease,
 stroke, and hypertensive disease,

by county — United States, 2008–2010
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.
National Vital Statistics System mortality data for the period 2001–2010 were analyzed. Avoidable deaths were defined as those resulting from an underlying cause of heart disease (ischemic or chronic rheumatic), stroke, or hypertensive disease in decedents aged <75 years. Rates and trends by age, sex, race/ethnicity, and place were calculated.
In 2010, an estimated 200,070 avoidable deaths from heart disease, stroke, and hypertensive disease occurred in the United States, 56% of which occurred among persons aged <65 years. The overall age-standardized death rate was 60.7 per 100,000. Rates were highest in the 65–74 years age group, among males, among non-Hispanic blacks, and in the South. During 2001–2010, the overall rate declined 29%, and rates of decline varied by age.
Nearly one fourth of all cardiovascular disease deaths are avoidable. These deaths disproportionately occurred among non-Hispanic blacks and residents of the South. Persons aged <65 years had lower rates than those aged 65–74 years but still accounted for a considerable share of avoidable deaths and demonstrated less improvement.

Friday, September 6, 2013

Determinants of Respirable Crystalline Silica Exposure Among Stoneworkers Involved in Stone Restoration Work

Today's post was shared by WCBlog and comes from annhyg.oxfordjournals.org


Objectives: Crystalline silica occurs as a significant component of many traditional materials used in restoration stonework, and stoneworkers who work with these materials are potentially exposed to stone dust containing respirable crystalline silica (RCS). Exposure to RCS can result in the development of a range of adverse health effects, including silicosis and lung cancer. An understanding of the determinants of RCS exposure is important for selecting appropriate exposure controls and in preventing occupational diseases. The objectives of this study were to quantify the RCS exposure of stoneworkers involved in the restoration and maintenance of heritage properties and to identify the main determinants of RCS exposure among this occupational group.

Methods: An exposure assessment was carried out over a 3-year period amongst a group of stonemasons and stone cutters involved in the restoration and maintenance of heritage buildings in Ireland. Personal air samples (n = 103) with corresponding contextual information were collected. Exposure data were analysed using mixed-effects modelling to investigate determinants of RCS exposure and their contribution to the individual’s mean exposure. Between-depot, between-worker, and within-worker variance components were also investigated.

Results: The geometric mean (GM) RCS exposure concentrations for all tasks measured ranged from <0 data-blogger-escaped-.02="" data-blogger-escaped-0.70mg="" data-blogger-escaped-m="" data-blogger-escaped-sup="" data-blogger-escaped-to="">−3. GM RCS exposure concentrations for work involving limestone and lime mortar were <0 data-blogger-escaped-.02="" data-blogger-escaped-m="" data-blogger-escaped-mg="" data-blogger-escaped-ndash="" data-blogger-escaped-sup="">...
[Click here to see the rest of this post]

NFL moving closer to using helmet sensors

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

Helmet

With the NFL’s concussion liability regarding retired players on the way to being extinguished via settlement, the league can now focus on taking additional steps to limit liability to its current and future players.

After months of delay, the NFL could soon be putting sensors in helmets.

“Our goal is that by midseason we will have some teams geared up,” Kevin Guskiewicz, a University of North Carolina researcher and a member of the NFL’s Head, Neck and Spine Committee, said at a Wednesday event in Baltimore, via USA Today.  “We’re getting close, and I think that we have some teams identified.”

The NFL previously had been chasing its tail regarding helmet sensors, with the league referring questions from ESPN regarding the league’s failure to use helmet sensors to Guskiewicz, who was publicly advocating the use of helmet sensors.

Guskiewicz spoke openly in June 2012 about giving up on the effort to use sensors if the sensors weren’t used within the coming year.  At that same time, former Steelers receiver and current NBC analyst Hines Ward expressed concern about the approach.

“You’re gonna open up a while Pandora’s Box with it,” Ward told ESPN.  “For a doctor to read a computer and tell me how hard I’ve been hit and to pull me out of a game, that won’t sit well with a lot of players.”

It won’t, because many players want to try to persuade...
[Click here to see the rest of this post]

Lobbyists: Postal Service will try to hike stamp price

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


The troubled United States Postal Service is likely to vote to raise its prices at a Thursday meeting of its Board of Governors, according to top Washington lobbyists opposed to the hike.

Greeting Card Association lobbyist Rafe Morrissey told reporters Wednesday that he expects the USPS to try to increase price of the 46 cent first-class stamp by 3 cents.
That would consist of a 2 cent increase on top of a 1 cent inflation adjustment already expected in January.

The magazine industry is anticipating as much as a double-digit increase for periodicals, another lobbyist source said. Currently, magazine postal rates average 27 cents per magazine.
The Board vote would start a process of seeking emergency price-raising powers from the Postal Regulatory Commission.

Congress under current law does not have a role in the process, but both the House and Senate are weighing overhauls of the USPS.

“The Board seems to me moving down the path of filing an exigent case,” Morrissey said. “We don’t think that is part of a common-sense or sustainable solution.”

He argued that the rate increase along with proposed reductions in service such as the end of Saturday delivery would only contribute to a agency's death spiral.

The Greeting Card Association wants Congress to adjust the formula by which the USPS prefunds the future health benefits for its retirees and for it to consider delivering mail to curbside cluster boxes rather than individual...
[Click here to see the rest of this post]

Procter & Gamble Eliminating Phthalates, Triclosan from Products Worldwide

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


Procter & Gamble Eliminating Phthalates, Triclosan from Products WorldwideSafe cosmetics activists pressure other companies to stop using toxic chemicals in personal care products, fragrances
Due to public pressure and growing concerns about the safety of chemicals found in common cosmetics, household cleaners and fragranced products, Procter & Gamble (P&G) will achieve total elimination of the toxic chemicals triclosan and diethyl phthalate (DEP) from all its products by 2014, according to an announcement on the company's website. P&G is the worlds largest manufacturer of consumer products, home to iconic brands including Cover Girl, Tide, Crest and Ivory.

The Campaign for Safe Cosmetics congratulates P&G for taking bold and globally-significant action to protect the health of its 4.8 billion consumers by eliminating two dangerous toxic chemicalstriclosan and DEPfrom all its products, said Janet Nudelman, program director at the Breast Cancer Fund and co-founder of the Campaign for Safe Cosmetics.

The Campaign for Safe Cosmetics has been urging companies to eliminate phthalates from personal care products since 2002. Because of this pressure, many cosmetics companies have stopped using two dangerous phthalates, DBP and DEHP, but the industry has continued to widely use DEP in fragrance.

P&G is taking an important step in the right direction, said Nudelman. Major multinational cosmetic companies have no...
[Click here to see the rest of this post]

Judge Says Search Warrants for E-mails Must Be ‘Limited’

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


Can law enforcement obtain a search warrant to dig through a vast trove of e-mails, instant messages and chat logs because they have reasonable suspicion that the owners of those accounts robbed computer equipment from a private company?

No, according to a ruling by a federal judge in Kansas earlier this week.

The case is significant in that it limits what constitutes unreasonable search and seizure, as protected by the Fourth Amendment, in the age of big data. The magistrate judge, David J. Waxse, denied the government’s search warrant requests on the grounds that it has to be particular and “reasonable in nature of breadth.”

Orin Kerr, a law professor at George Washington University and an expert on surveillance law, interpreted it this way on Twitter: “You can’t look through the kitchen sink to get the evidence, as you do with physical searches.”

Prosecutors sought search warrants to extract information from Verizon, an Internet service provider, GoDaddy, a Web site hosting company, along with Web communications companies Google, Skype and Yahoo on account holders suspected of having stolen $5,000 in computer equipment from Sprint.
The government believed that the suspects used e-mail and instant-message accounts to “facilitate the purchase, receipt and transportation of the equipment” from Kansas to New Jersey. The government sought “contents of all emails, instant messages and chat logs/sessions — and other...
[Click here to see the rest of this post]

Ex-NFL Player Loses Workers' Comp Appeal Against Steelers

Today's post was shared by WCBlog and comes from www.law360.com


A former defensive end with the Pittsburgh Steelers football team lost his bid for workers’ compensation Thursday after the Pennsylvania Commonwealth Court found that a 2004 injury that ended his season did not result in a loss of earnings despite his never playing professionally again.

A three-judge panel agreed that testimony from a pair of orthopedic surgeons who treated Ainsley Battles after a season-ending hamstring tear in 2004 proved that the player sufficiently recovered from the injury to continue pursuing his football career prior to his ultimate retirement in 2006.

“Both doctors agreed that claimant’s injury would not prevent him from playing professional football, and neither doctor suggested that claimant’s injury caused a loss in earning power after he completed his rehabilitation,” the court ruled in a decision penned by Judge Mary Hannah Leavitt.

Battles had asked the Commonwealth Court to overturn a decision by the Pennsylvania Workers’ Compensation Appeal Board which found that the Steelers had no duty to pay the player for disability following the injury.

Battles, who previously played for the Jacksonville Jaguars and the Buffalo Bills before signing a one-year contract with the Steelers, tore his hamstring in his first game with the team in September 2004. According to court records, Battles was cleared to...
[Click here to see the rest of this post]

Business Groups Call For More Changes To Workers' Compensation Laws

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


Despite a drop in the rate of workers' compensation insurance, Illinois businesses say the system is still too burdensome.

In 2011, Illinois changed its workers' compensation laws.  The state Department of Insurance, the governor and others say  the changes worked: the workers' comp insurance rate is down 4.5 percent.
Kim Maisch is a lobbyist representing the state association for small, independent businesses.

"We need to go a lot faster towards greater reform, and we certainly need to make sure the politicians know the job is not done," Maisch said.

Maisch says there should be more protections for businesses -- like making workers prove an injury really happened on the job rather than during off hours.

Rep. Dwight Kay (R-Glen Carbon) says Illinois' rates are still too high.

"We still are not competitive with the states around us with regard to reforming our workers' compensation system," Kay said.
Kay says most of the savings comes from paying doctors less for treating injured workers, and he doesn't consider that "reform."

He says Illinois needs to make employees prove an injury happened on the job before forcing a company to pay a settlement.

But his proposed changes didn't gain any traction in the General Assembly.
Unions have fought that change, saying a higher burden of proof is unfair to workers.
Illinois Public Radio's Amanda Vinicky contributed to this report.
[Click here to see the original post]