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

Saturday, October 12, 2013

The startling rise of disability in America

The increase in disability claims in the US is reported in today's post shared from npr.org

In the past three decades, the number of Americans who are on disability has skyrocketed. The rise has come even as medical advances have allowed many more people to remain on the job, and new laws have banned workplace discrimination against the disabled. Every month, 14 million people now get a disability check from the government.

The federal government spends more money each year on cash payments for disabled former workers than it spends on food stamps and welfare combined. Yet people relying on disability payments are often overlooked in discussions of the social safety net. The vast majority of people on federal disability do not work.

Yet because they are not technically part of the labor force, they are not counted among the unemployed.

In other words, people on disability don't show up in any of the places we usually look to see how the economy is doing. But the story of these programs -- who goes on them, and why, and what happens after that -- is, to a large extent, the story of the U.S. economy. It's the story not only of an aging workforce, but also of a hidden, increasingly expensive safety net.

For the past six months, I've been reporting on the growth of federal disability programs. I've been trying to understand what disability means for American workers, and, more broadly, what it means for poor people in America nearly 20 years...
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Friday, October 11, 2013

Think asbestos is banned in the US?

Today's post was shared by Linda Reinstein and comes from blog.saferchemicals.org


Asbestos warning
Asbestos warning

If there’s one reason we know our federal law governing chemicals doesn’t work, it’s asbestos. Despite popular belief, asbestos, one of the most harmful substances known, still isn’t banned in the United States.

This week marks the 37th birthday of our primary federal law governing toxic chemicals, the Toxic Substances Control Act (TSCA). While most birthdays are a joyous occasion, we’re taking this opportunity to educate the public on just how flawed our federal chemical law is.

Take for example asbestos. It’s one of the few substances that has a disease directly named after it (mesothelioma) and is widely regarded as a silent killer for many families.
Top five asbestos facts:
  1. Asbestos is a known human carcinogen and there is no safe level of asbestos exposure. Learn more here.
  2. Asbestos is legal in the U.S., and is still imported.
  3. Thirty Americans die everyday from asbestos-related diseases.
  4. Only 55 countries have banned asbestos. The United States and Canada are the only two industrial western nations not to have banned asbestos.
  5. More than 10,000 people die in the U.S. each year from asbestos-related diseases
(Adapted with permission from our partners at the Asbestos Disease Awareness Organization) When TSCA was passed into law 37 years ago, it’s intent was to regulate toxic substances, but the bill was so...
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Safety Agency Cites Owners in Texas Plant in Explosion

Todays's post shared from the NYTimes.com

The federal Occupational Safety and Health Administration has cited the owners of a fertilizer plant in West, Tex., that blew up in April, killing 15 people, with 24 “serious violations,” Senator Barbara Boxer, of California, said on Thursday. But the agency has not announced the action because its public affairs staff has been furloughed by the government shutdown, Ms. Boxer said.

Democrat
The violations included unsafe handling and storage of explosive and flammable chemicals, missing labels on storage tanks, failing to pressure-test hoses, bad or missing valves, and failing to have an emergency response plan. The agency also said that some workers were not trained for their jobs.

OSHA, which also proposed a fine of $118,300, decided to issue the citations now, during the government shutdown, to avoid a statute of limitations problem, Ms. Boxer said. She said that while the fine was disproportionately small, considering the deaths, injuries and widespread damage, other federal agencies were also investigating the explosion. Some of those investigations have been delayed by the shutdown, however.

Ms. Boxer is chairwoman of the Senate’s Environment and Public Works Committee, which does not oversee OSHA but does oversee another agency with jurisdiction at the Texas plant, the Environmental Protection Agency.

Ms. Boxer said that despite the shutdown, news of the enforcement action should be disseminated to...
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AIG Facing Lawsuit for Fraud

Today's post is shared from Courthousenews.com.
American International Group for nearly 40 years has been underreporting workers' compensation premiums, causing insured employers to pay improperly inflated state insurance surcharges, three federal classes claim.
     The coordinated suits were filed this week in San FranciscoManhattan and Newarkagainst AIG and its subsidiaries and affiliates. AIG is accused of unfair business practices, fraud, unjust enrichment and violations of federal anti-racketeering law.
     The California complaint, filed by Franjo Inc. and DMS Facility Services Inc., says it all began in the 1970s when AIG "devised, implemented, participated in, and carried out nationwide schemes - later characterized by AIG's own general counsel as 'permeated with illegality' - to miscategorize, falsely report, and falsely book the AIG companies' [workers' compensation] premium as other premium (for example, as 'general liability' premium), in order to reduce defendants' expenses, inflate their profits, and unjustly enrich themselves at the expense of plaintiffs and the class." (Parentheses in original.)
     AIG allegedly falsified certified annual financial reports that underreported workers' compensation (WC) figures to evade its equitable shares of financial responsibility for state-levied taxes and assessments. It caused state insurance regulators, through no fault of their own, to assess artificially inflated fees on insured employers, according to the complaint.
Click here to read the entire article.


Raising the mandatory judicial retirement age to 80

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

The New York City Bar Association says it supports a proposal on the state’s Nov. 5 ballot to amend the New York Constitution to raise the mandatory retirement age to 80 for state Court of Appeals judges and Supreme Court justices.
The state constitution currently requires all state judges to retire at age 70.
However, judges of the state’s highest court, the Court of Appeals, and justices of the state’s main trial court, the Supreme Court, may serve for up to six years after retirement so long as court administrators certify every two years that the judge’s services are necessary to expedite the business of the court, and he or she is mentally and physically able and competent to perform the full duties of the office.
“The City Bar supports Proposal 6, consistent with our longstanding position that the mandatory judicial retirement age, which was enacted in 1869, is outdated,” the bar association said in a statement Monday.
“Many individuals who reach the age of 70 have a substantial number of productive years ahead of them. Many states and the federal judiciary permit judges to serve past the age of 70, and New York should as well.”
The association argues that raising the retirement age would ease a strained court system — in particular, permit the transfer of Supreme Court justices to the state’s overburdened family courts.
In Pennsylvania, three groups of judges sued over...
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Thursday, October 10, 2013

NJ Work Environment Council Says State at Risk from Chemical Disasters

Today's post shared from http://www.njtvonline.org

New Jersey Work Environmental Council representatives say millions in the state are still at risk from major toxic chemical disasters.

At a Statehouse press conference today, the New Jersey Work Environment Council released a new 43-page report, entitled “Failure to Act,” which says thousands of New Jersey jobs and millions of residents are still at risk from toxic chemical disasters.

These findings come five years after the New Jersey Department of Environmental Protection adopted rules to implement the NJ Toxic Catastrophe Prevention Act that were supposed to reduce that risk.
Photo by Dari Kotzker.
The author of the report found that 99 facilities still use large quantities of highly hazardous chemicals that can pose a potential catastrophic safety and health risk for millions of people. Many facilities failed to consider solutions for using safer chemicals and processes which already exist and are successful, and a lack of enforcement from the Christie administration.

Some recommendations include stopping facility management from declaring safer technology reviews as secret, require facility management to better document their claims that adopting safer chemicals and technologies are not feasible, and to withdraw the DEP “waiver rule” that allows the agency to not enforce the IST provisions of the Toxic Catastrophe Prevention Act.

Other speakers spoke of the potentially dangerous risks workers, first responders, nurses and...
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California Workers' Compensation Reform: Is The System in a Ditch Now?

California is the sentinel jurisdiction for innovative decisional law, theory and statutory changes in workers' compensation. As goes California, so goes the nation. The changes to limit access are coming so quickly that perennial reform has become almost weekly now. The complexity is almost scary. Recent proposed modifications in the Independent Medical Review (IMR) process reflect what happens when statutory changes are not first vented with those who are major stakeholders, ie. injured workers and their representative. Commentary and analysis, continue to be kicked down the road as the system stalls and fails. Today's blog post is shared from http://blogs.sacbee.com.
Last year, the California Legislature -- with the blessing of Gov. Jerry Brown -- enacted its traditional, once-a-decade overhaul of the state's multibillion-dollar-a-year system of compensating workers for job-related injuries and illnesses.


Employers, insurers, medical care providers and other players in the workers' compensation system are still sorting through what the Legislature and Brown wrought. Generally, the overhaul,
Senate Bill 863, raised some cash benefits but also tightened up eligibility for, or even eliminated, other benefits. This earned rare joint support from employer groups and labor unions, which had worked on the changes privately.

JD_COMP_STRETCHER.JPGA new 16-state study of workers' compensation systems, covering 60 percent of the nation's workers, says it's too early to tell what the real-world effects of SB 863 will be, specifically whether its cost-saving provisions will offset the costs of increased cash payments, as its sponsors promised.

Because the effects of the 2012 overhaul are still unknown, the study from the Workers Compensation Research Institute in Cambridge, Mass., concentrated its section on California on how it compared to other states during the years following the previous overhaul in 2004.

It found that disabled California workers were receiving permanent partial disability payments more often than those in other major states and that those payments tended to be longer in duration -- thus confirming one of employers' complaints,...
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Deaths Linked to Cardiac Stents Rise as Overuse Seen

Cardiovascular claims that are deemed compensable are costly medical and pharmaceutical claims. The procedures are expensive an risky and the pharmaceutical maintenance and monitoring is lifelong and  expensive.Today's post is shared from Bloomberg.com

When Bruce Peterson left the U.S. Postal Service after 24 years delivering mail, he started a travel agency. It was his dream career, his wife Shirlee said.

Deaths Linked to Cardiac Stents Rise as a Third Called Unneeded Then he went to see cardiologist Samuel DeMaio for chest pain. DeMaio put 21 coronary stents in Peterson’s chest over eight months, and in one procedure tore a blood vessel and placed five of the metal-mesh tubes in a single artery, the Texas Medical Board staff said in a complaint. Unneeded stents weakened Peterson’s heart and exposed him to complications including clots, blockages “and ultimately his death,” the complaint said.

DeMaio paid $10,000 and agreed to two years’ oversight to settle the complaint over Peterson and other patients in 2011. He said his treatment didn’t contribute to Peterson’s death.

“We’ve learned a lot since Bruce died,” Shirlee Peterson said. “Too many stents can kill you.”
Peterson’s case is part of the expanding impact of U.S. medicine’s binge on cardiac stents -- implants used to prop open the arteries of 7 million Americans in the last decade at a cost of more than $110 billion.

When stents are used to restore blood flow in heart attack patients, few dispute they are beneficial. These and other acute cases account for about half of the 700,000 stent procedures in the U.S. annually.

Among the other half -- elective-surgery patients in stable...
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Supreme Court Rejects Tobacco Companies’ Appeal of Florida Case

Today's post was shared by FairWarning and comes from www.insurancejournal.com


The U.S. Supreme Court rejected the tobacco industry’s appeal of a Florida ruling that may help thousands of smokers sue cigarette makers over smoking-related illnesses.

The nation’s highest court today turned away arguments by Altria Group Inc.’s Philip Morris USA, Reynolds American Inc.’s R.J. Reynolds Tobacco and Vector Group Ltd.’s Liggett unit. They challenged a $2.5 million award to the family of Charlotte Douglas, who died in 2008 of lung cancer at age 62.

The Supreme Court has repeatedly declined to intervene in tobacco litigation in Florida, where more than 4,500 smoker suits are pending. So far, Florida juries have returned verdicts totaling more than $500 million against the industry, the companies said in their appeal.

Cigarette makers are seeking to limit the effect of a 2006 Florida Supreme Court decision, which said a jury’s factual findings against the industry in a class-action case could serve as the starting point for individual suits. The Florida high court reaffirmed that ruling in the Douglas case.

At the U.S. Supreme Court, the tobacco companies said they were being deprived of their constitutional right to due process of law.

“It is impossible to conclude with any certainty in any of these cases that any jury in any proceeding has ever decided all the elements of the plaintiff’s claims in his or her favor,” the companies contended in their appeal.

Douglas’s widower, James,...
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Truck driver alleges firing based on work comp claim

Today's post was shared by votersinjuredatwork and comes from madisonrecord.com


scales of justice2

A woman claims she was fired from her former job after she filed for workers’ compensation benefits.
Sandra Terry filed a lawsuit Sept. 17 in Madison County Circuit Court against TMCI, Peoplease Corporation and Thomas J. Manville.
In her complaint, Terry alleges she was working as a truck driver for TMCI on Aug. 9, 2008, when she suffered an injury.
Because she was injured while working, Terry filed for workers’ compensation benefits including medical treatment and time off work, according to the complaint.
On Sept. 20, 2008, TMCI fired Terry, the suit states. Manville authorized her termination, knowing that it happened because of her workers’ compensation claim, the complaint says.
In her complaint, Terry seeks general damages of more than $100,000, plus lost wages and benefits, pre-judgment interest, punitive and exemplary damages, costs and other relief the court deems just.
D. Jeffrey Ezra of Ezra and Associates in Collinsville will be representing her.
Madison County Circuit Court case number: 13-L-1563.
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Robot Surgery Damaging Patients Rises With Misleading Marketing

Many injured workers' require surgical intervention. Safety in these procedures is questioned. Today's post was shared by votersinjuredatwork and comes from www.claimsjournal.com

Porter Adventist Hospital in Denver announced last year that Warren Kortz, a general surgeon on the medical staff, was the first in the Rocky Mountain region to use a technique known as robotic surgery to remove gall bladders through one incision in the belly button.

The operation, performed while the doctor sits at a video- game-like console, was “taking advantage of another breakthrough in robotic surgery” and is “easier on the patient,” the hospital said in a press release.

“It’s Star Wars stuff,” Kortz was quoted as saying in another article put out by the hospital touting another operation, robot-assisted parathyroid surgery, in 2010. “My prediction is it will eventually replace everything else.”

What the hospital and Kortz didn’t reveal was the risk. Even as Kortz promoted robotic surgery, 10 patients he treated suffered injuries or complications between 2008 and 2011, according to an April complaint by the Colorado Medical Board. Five had arteries punctured or torn. Objects were temporarily left inside two, and others had nerve damage. One died and another needed cardiopulmonary resuscitation. The complaint charges Kortz with 14 counts of unprofessional conduct, including sometimes not advising patients on alternatives to the robot.

Robotic surgeries are on the rise, fueled by aggressive marketing by doctors, hospitals and Intuitive Surgical Inc., which manufactures the $1.5 million robot. Advertising on...
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ABA president, others express concern over shutdown’s effects on judiciary

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

Silkenat

American Bar Association President James Silkenat is calling on members of Congress to send a budget to the President.

Silkenat, a partner in the New York office of Sullivan & Worcester, took office in August.

In a statement last week, Silkenat called the government shutdown, which began Oct. 1, a “historic failure that imperils justice.”

“The political brinksmanship that brought our government to a standstill reflects the same intransigence and unwillingness to compromise that imposed sequestration on our national government and hardships on many who contract with, work for or receive certain nonentitlement benefits from the federal government,” he said.

“Federal courts already face staff reductions and programmatic cuts that threaten public safety. The failure to reach accord on a continuing resolution to fund the government has also scuttled both chambers attempts to add extra funding to pay for indigent defense representation.”

He added, “Congress has practically abdicated its constitutional responsibility to provide a budget for the government. It is time to end the scorched earth tactics and send a budget to the President.”
Silkenat, who argues that citizens’ access to justice will increasingly be in jeopardy, testified on Capitol Hill Tuesday about the effects of the shutdown on the judiciary.
He, along with other lawyers and former judges, told members of the...
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Costliest 1 Percent Of Patients Account For 21 Percent Of U.S. Health Spending

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


A 58-year-old Maryland woman breaks her ankle, develops a blood clot and, unable to find a doctor to monitor her blood-thinning drug, winds up in an emergency room 30 times in six months. A 55-year-old Mississippi man with severe hypertension and kidney disease is repeatedly hospitalized for worsening heart and kidney failure; doctors don't know that his utilities have been disconnected, leaving him without air conditioning or a refrigerator in the sweltering summer heat. A 42-year-old morbidly obese woman with severe cardiovascular problems and bipolar disorder spends more than 300 days in a Michigan hospital and nursing home because she can't afford a special bed or arrange services that would enable her to live at home.

These patients are among the 1 percent whose ranks no one wants to join: the costly cohort battling multiple chronic illnesses who consumed 21 percent of the nearly $1.3 trillion Americans spent on health care in 2010, at a cost of nearly $88,000 per person. Five percent of patients accounted for 50 percent of all health-care expenditures. By contrast, the bottom 50 percent of patients accounted for just 2.8 percent of spending that year, according to a recent report by the federal Agency for Healthcare Research and Quality.

Sometimes known as super-utilizers, high-frequency patients or frequent fliers, these patients typically suffer from heart failure, diabetes and kidney disease, along with a significant psychiatric problem. Some are...
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Risk to Food Safety Seen in Furloughs

Today's post was shared by The New York Times and comes from www.nytimes.com

WASHINGTON — The government shutdown is endangering what America eats, food safety experts said this week, as all inspections of domestic food except meat and poultry have halted and the Centers for Disease Control and Prevention recalled furloughed workers to handle a salmonella outbreak that sickened hundreds of people in 18 states.

Offices are dark across the federal agencies charged with making sure that the fruit, vegetables, dairy products and a vast array of other domestically produced food are safe to consume. Inspectors, administrative staff, lab technicians, communications specialists and other support staff members have been sent home while lawmakers wrangle over government spending.

“This is a self-inflicted wound that is putting people’s health at risk,” said Representative Rosa L. DeLauro, Democrat of Connecticut, a longtime food safety advocate.

Because the shutdown comes on top of earlier budget cuts to the agencies, she said, “you’re creating the potential for a real public health crisis.”

At the same time, several crucial agriculture reports used by traders and farmers have been canceled because of the shutdown, seriously hampering decision making about planting and disrupting commodities markets. The highest-profile report canceled because of the shutdown is World Agriculture Supply and Demand Estimates, which supplies statistics on the worldwide production of crops from cotton to corn. It also provides data on...

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