Workers' Compensation

Monday, November 11, 2013

Worried About Costs And Unaware of Help, Californians Head Into New Era of Health Coverage

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

As uninsured Californians head into a new era of health coverage, they're worried about costs and unaware of the help they'll get from the government, a new survey finds.
The survey, by the Kaiser Family Foundation, found that three out of four Californians who earn modest incomes and could buy government-subsidized private coverage believe, wrongly, that they're not eligible for federal assistance or they simply don't know if they qualify.

In addition, many undocumented immigrants, who comprise about a fifth of the state's uninsured population, erroneously believe they will be eligible for coverage. The law specifically bars them from getting coverage from the state's new health insurance exchange, which opens Oct. 1, for coverage beginning Jan.1, 2014.
"This has been, for so long, a political debate," said Anthony Wright, executive director of Health Access, a Sacramento-based consumer advocacy group. "We're just starting to move it into a practical reality. Now that the benefits are close at hand, there is a concerted effort to educate people about what their benefits are."
California is one of two dozen states preparing to dramatically expand Medicaid, the federal-state insurance program for the poor, yet the survey found only half of newly eligible low-income Californians presume they will qualify. The nonpartisan Kaiser Family Foundation surveyed some 2,000 uninsured Californians from mid-July until the end of August, a summertime lull before a burst of...

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Subcommittee on Environment and the Economy will hold a hearing on S. 1009

On Wednesday, November 13, the Subcommittee on Environment and the Economy will hold a hearing on “S. 1009 – The Chemical Safety Improvement Act.”

The subcommittee has held three hearings in the 113th Congress examining the Toxic Substances Control Act (TSCA) including practical effects of its regulatory implementation.

Next week, members will begin examining efforts to reform the statute with a review of S. 1009, the Chemical Safety Improvement Act, bipartisan legislation authored by Sen. David Vitter (R-LA) and the late Sen. Frank Lautenberg (D-NJ).

As part of the ongoing effort to improve chemical safety regulation, the subcommittee will take a thoughtful look at the proposed Senate bill and how it addresses reform of the program.

The Majority Memorandum and witness list is available here. Witness testimony will also be posted at the same link when available.

Exhausted Workers Recall Minimal Efforts to Enforce a Minimum Wage Law

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

Two weeks ago, Pin Zhu Zheng, who says she worked 69 hours a week behind a steam table at a Chinatown restaurant on Centre Street, presented herself at a New York State office to report what seemed to be flagrant lawbreaking by her former bosses.

“The first day of the month, they pay $1,500 cash,” Ms. Zheng, 55, said in an interview on Thursday.

“Everyone got the same.”

That works out to about $5 an hour for a six-day workweek that ran from 9:30 a.m. to 9 p.m.; the law requires a minimum wage of $7.25 an hour for the first 40 hours a week. After that, workers must be paid time and a half, or a minimum of $10.88 an hour.

“The Labor Department person told me that I had to wait a year for the follow-up,” Ms. Zheng said through a translator.

But what good is a minimum wage law if it takes forever to enforce it? Complaints with the State Labor Department about wage and hour violations were stacked 14,000 high at the end of July, according to documents obtained by the Urban Justice Center through a freedom of information request.

In May 2012, the records showed, 44 percent of the cases had been open for more than a year, said David Colodny, a lawyer with the center.

Carlos Rodriguez, 28, said he made $4.40 an hour in a pizza franchise on the Upper East Side of Manhattan, cutting vegetables, cleaning, unloading trucks by day and making deliveries at night. “We paid for the uniform, the hat, the T-shirt, the pants, the shoes,” Mr....

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Workers' compensation claims drop in Louisiana

Today's post is shared from thetowntalk.com

A national group is recommending that Louisiana reduce workers' compensation rates by 5 percent because of fewer workplace claims among other factors.

The Times-Picayune of New Orleans reports that the National Council on Compensation Insurance has filed documents with the Louisiana Department of Insurance saying businesses in the state should pay lower rates because workers' compensation claims declined in 2011.
According to the Louisiana Workforce Commission, employers across the state saw lighter losses in 2010 and 2011.

The NCCI says those improvements can be attributed to a decrease in the number of workplace injuries and a reduction in the average cost per claim.

The NCCI recommends additional cuts in manufacturing by 7 percent, contracting by 5 percent, office and clerical by 6 percent, goods and services by 6 percent and miscellaneous industry groups by about 3 percent.

If the insurance department adopts the lower rates, they would take effect May 14.

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California Tossed Out NFL Players Brain Injury Claim: Time To Change The System?

While professional teams in California have sheltered themselves from workers' compensation claims, the injuries have not gone away. Workers' compensation has long been a vehicle to insulate employers and their insurance carriers from the payment of benefits. With the erosion of workers' compensation as a functional benefit program, many experts are now calling for its elimination altogether and merely allow the claims to proceed in the civil justice system. Today's post is shared from sportsworldnews.com .

A California workers panel threw out former Dallas Cowboy Tony Dorsett's brain-injury claim just months before he was diagnosed with initial signs of chronic traumatic encephalopathy, the Los Angeles Times reported Thursday.

The diagnosis of Dorsett, the 59-year-old Hall of Fame running back, was made public Wednesday when two UCLA researchers found that Dorsett, Hall of Fame offensive lineman Joe DeLamielleure and former All-Pro defensive lineman Leonard Marshall showed signs of CTE, a degenerative disease that has been linked to head trauma.
The condition has led to depression, dementia and suicide in former NFL players.
Dorsett's claim was denied in May when a workers compensation judge ruled that Dorsett agreed to an $85,000 settlement for injuries to "multiple orthopaedic body parts" in 1991, the Times reported. Therefore, the player was not allowed to file any more claims for subsequent injury, according to state records.
Dorsett appealed that workers'...

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Saturday, November 9, 2013

Tort reform bills placed on U.S. House schedule; could be considered next week

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

The U.S. House of Representatives could consider two tort reform bills next week.
Both the Lawsuit Abuse Reduction Act and the Furthering Asbestos Claim Transparency Act have been placed on the House’s schedule, according to GovTrack.us.
The Hill reported Tuesday that House Republicans will “call up” the bills next week.
LARA, or House Resolution 2655, imposes mandatory sanctions on lawyers who file meritless suits in federal court.
Specifically, the bill:
- Reinstates sanctions for the violation of Rule 11. Rule 11 of the Federal Rules of Civil Procedure was originally intended to deter frivolous lawsuits by sanctioning the offending party;
- Ensures that judges impose monetary sanctions against lawyers who file frivolous lawsuits, including the attorney’s fees and costs incurred by the victim of the frivolous lawsuit; and
- Reverses the 1993 amendments to Rule 11 that allow parties and their attorneys to avoid sanctions for making frivolous claims by withdrawing them within 21 days after a motion for sanctions has been served.
Smith
The House Judiciary Committee passed the bill, sponsored by U.S. Rep. Lamar Smith, R-Texas, in September.
“LARA encourages attorneys to think twice before filing frivolous lawsuits,” Smith said at the time.
The FACT Act, or House Resolution 982, requires more transparency from asbestos trusts. The House Judiciary Committee passed the bill, sponsored by U.S. Rep. Blake Farenthold,...

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Largest Civil Disobedience In Walmart History Leads To More Than 50 Arrests

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

Surrounded by about 100 police officers in riot gear and a helicopter circling above, more than 50 Walmart workers and supporters were arrested in downtown Los Angeles Thursday night as they sat in the street protesting what they called the retailer's "poverty wages."
Organizers said it was the largest single act of civil disobedience in Walmart's 50-year history. The 54 arrestees, with about 500 protesting Walmart workers, clergy and supporters, demonstrated outside LA's Chinatown Walmart. Those who refused police orders to clear the street after their permit expired were arrested without incident. Those who fail to post $5,000 bail would be jailed overnight, Detective Gus Villanueva, a Los Angeles Police Department spokesman, told The Huffington Post.
Their primary demand to Walmart: pay every full-time worker at least $25,000 a year.
One of the protesting Walmart workers, Anthony Goytia, a 31-year-old father of two, said he believes he will make about $12,000 this year. It's a daily struggle, he said, "to make sure my family doesn't go hungry."
"The power went out at my house yesterday because I couldn't afford the bill," Goytia told HuffPost. "I had to run around and get two payday loans to pay for my rent from the first" of the month. "Yesterday we went to a food bank."
To make ends meet, Goytia said he sometimes participates in clinical trials and sells his blood plasma. He has been asking his managers for full-time employment for a year and a half. Instead, he said,...

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ABA: Too few judges, lack of funding hurting federal courts

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

Goodlatte

The American Bar Association, in a letter last week, says the combination of too few judges and insufficient funding is diminishing the ability of the federal courts to “serve the people and deliver timely justice.”
Thomas Susman, director of the ABA’s Governmental Affairs Office, sent a letter to U.S. Rep. Robert Goodlatte to be made part of the record in a hearing on the need for federal judgeships.
Goodlatte
Last week, Goodlatte, R-Va. and chairman of the House Judiciary Committee, held a hearing titled, “Are More Judges Always the Answer?”
Goodlatte contends President Barack Obama and Senate Democrats see the courts as an avenue to advance their agendas.
“When the Senate Majority Leader said, ‘We’re focusing very intently on the D.C. Circuit’ and ‘We need at least one more. There’s three vacancies. And that will switch the majority,’ he clearly wasn’t referring to the court’s needs,” he said during the Oct. 29 hearing.
But the ABA argues that when federal courts do not have sufficient judges to keep up with the workload, civil trial dockets end up taking a back seat to criminal dockets.
“As a result, persistent judge shortages increase the length of time that civil litigants and businesses wait for their day in court, create pressures that ‘robotize’ justice, and increase case backlogs that will perpetuate delays for years to...

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Parker Pathways Show to be Dedicated to Marvin Shapiro

This Sunday, November 10, 2013, Dr. Winn Parker will dedicate his program Parker's Pathway Program to the late Marvin Shapiro, a past President of the California Applicants Attorneys Association (CAAA). Marvin, who was a California Workers' Compensation attorney past away last week.

Dr. Parker said, "I am going to do a dedication to Marvin Shapiro (1936-2013) on my Internet-Radio Program Parker Pathways on RBN Sunday's 10:00 A.M. to 1:00 P.M. CST. For some time I have presented Workman's Compensation issues of importance to my Global audience. I will continue to do so. Inspiration for me came upon me from Marvin from a long time ago."

Parker’s Pathways Program presentations cover as many as five separate disciplines that vary from each program tied together in knowledge and information that can be translated into survival knowledge and for making decisions for clinical laboratory medicine to following trends that have been invested by markets. Futurist implications are given from peer-reviewed science, medicine and law inclusive of water law, health law, genetic engineering and research, testing and development and evaluations (RDT and E) made for projects that are changing our lives and environments. Advanced work is discussed concerning the Brain Project and the future world war for water. Decisions from Government Agencies are given which can have revelations that are of great value for building new working knowledge for future jobs in the new world that include United Nations sustainability paradigms.

Here is the website http://republicbroadcasting.org/parkers-pathways-with-dr-winn-parker/

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Chrysler Recalls 1.2 Million Ram Trucks

Chrysler is recalling about 1.2 million Ram trucks to correct problems that could result in a loss of steering, as well as almost 94,000 of its 2014 Jeep Grand Cherokees because of electronic problems that could disable two safety systems, the automaker said on Friday.

In a statement, the company said it was aware of seven accidents involving the Rams, resulting in two injuries. A Chrysler spokesman, Eric Mayne, said in an email that he was not aware of the extent of the injuries.

The automaker estimated that 453,000 of the trucks would need repairs because the steering systems’ tie rods were not aligned properly, though it said it needed to recall all 1.2 million trucks to find the flawed vehicles.

Earlier Friday, Chrysler told the National Highway Traffic Safety Administration in a report on the safety agency’s website of the problems in the Jeep Grand Cherokees.

In addition, Toyota said it was recalling about 3,800 Tacoma pickups from the 2013-14 model years because their 4-cylinder engines could be damaged and possibly stop running.

In the Chrysler report, which was dated Oct. 1, the automaker said a software problem with the anti-lock braking module could disable the anti-lock braking and electronic stability-control systems. In addition, the issue could cause the “illumination of multiple warning lights” and a loss of lighting for the instrument cluster.

Chrysler said that it had begun an investigation in April after receiving complaints...

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Detection and Prevention

Driving while tired is equivalent to a DUI. Today's post was shared by NIOSH Transportation and comes from drowsydriving.org

DID YOU KNOW? 100,000 crashes each year are caused by fatigued drivers55% of drowsy driving crashes are caused by drivers less than 25 years oldBeing awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash

How can you tell if you are “driving while drowsy”?

Here are some signs that should tell a driver to stop and rest:* Difficulty focusing, frequent blinking, or heavy eyelids* Daydreaming; wandering/disconnected thoughts* Trouble remembering the last few miles driven; missing exits or traffic signs* Yawning repeatedly or rubbing your eyes* Trouble keeping your head up*

Drifting from your lane, tailgating, or hitting a shoulder rumble strip* Feeling restless and irritable

Are You at Risk?

Before you drive, check to see if you are:* Sleep-deprived or fatigued (6 hours of sleep or less triples your risk)*

Suffering from sleep loss (insomnia), poor quality sleep, or a sleep debt* Driving long distances without proper rest breaks* Driving through the night, mid afternoon or when you would normally be asleep* Taking sedating medications (antidepressants, cold tablets, antihistamines)* Working more than 60 hours a week (increases your risk by 40%)* Working more than one job and your main job involves shift work* Drinking even small amounts of alcohol* Driving alone or on a long, rural, dark or boring road

Specific At-Risk Groups

The risk of having a crash due to drowsy driving is not...

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Friday, November 8, 2013

Contractor to Remove PCB From Park in Bogota NJ

Unsafe disposal of contaminated contaminated soil and rock has historically been a common practice. Not only are employees exposed but so is the general public, including children. Today's post is shared from northjersey.com

Waterside Construction LLC, the company suspected of bringing in tainted material while cleaning up the contaminated Veterans Field, will remain the contractor on the project and pay to have the latest contaminants removed.

“I believe we need to work within the contract,” borough attorney Philip Boggia advised the council during a special meeting Wednesday. “Our experts are satisfied, at least at this point, that [the situation is] manageable and that all steps that need to be put in place have been put in place.”

Some residents have called for the firing of the contractor, but Boggia said that by having Waterside stay on and pay for the removal of the contaminants, the cleanup would take months. The alternative would be to sue the contractor for defaulting on work, which could lead to years of legal wrangling, he said.

The attorney also said the contract with Waterside includes a provision for the contractor to address improper materials brought onsite. “Defective work shall be made good; and unsuitable materials may be rejected,” states a clause in the contract

“The contractor has acknowledged responsibility and is willing to pay the cost of whatever is required to remediate the situation,” Boggia said.

The municipality shut down Veterans Field, the borough’s premier park, in September 2011 after discovering...

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New ligament discovered in knee, Belgian surgeons say

Today's post is shared from the bbc.com

The anterolateral ligament (ALL) may hold the key to common knee injuries, researchers say
Two knee surgeons in Belgium say they have identified a previously unfamiliar ligament in the human knee.
Writing in the Journal of Anatomy, they suggest the fibrous band could play a part in one of the most common sports injuries worldwide.

Anatomical sketch of ligaments
of the knee

By Smitha MundasadHealth
reporter, BBC News

Despite glimpses of the ligament in medical history, this is the first time its structure and purpose have been so clearly established, they say.
But experts say more studies are needed to prove its relevance to knee surgery.
Four main ligaments - or thick fibrous bands - surround the knee joint, criss-crossing between the upper and lower leg bones to provide stability and prevent excessive movement of our limbs.
But the anatomy of the knee remains complex, and several international groups have been exploring the less-defined structures of the joint for some time.
The notion of this particular ligament was first made by French surgeon Paul Segond in 1879 but it has evaded definitive surgical classification for many years.
'Extensive search'
Now building on the work of other surgeons, Dr Claes and Professor Johan Bellemans of the University Hospitals of Leuven, Belgium, say they have closely mapped the band which runs from the outer side of the thigh bone to the shin bone.
And they say this anterolateral ligament could play an...

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State panel rejected injury claim by NFL's Dorsett

Today's post was shared from the latimes.org.

A brain-injury claim by former National Football League player Tony Dorsett was thrown out by a California workers' compensation panel just months before he was diagnosed with early signs of chronic traumatic encephalopathy, a debilitating condition linked to repeated blows to the head.

The 59-year-old Hall of Fame running back's claim was dismissed in May when a workers' compensation judge ruled that because Dorsett had agreed to an $85,000 settlement for injuries to "multiple orthopaedic body parts" in 1991, he could not file another claim for any subsequent injury, state records show.
On Wednesday it was revealed that researchers at UCLA had found that Dorsett and two other former NFL players showed signs of CTE. The degenerative disease has been found in the autopsied brains of dozens of former NFL players, among them Junior Seau and Dave Duerson. But only recently have diagnoses in living subjects been possible.
Dorsett appealed that workers' compensation decision, but it was upheld in August. A three-judge panel found that language in the 1991 settlement released the Dallas Cowboys and Denver Broncos from all future claims involving virtually any body part, including the head.
Mel Owens, Dorsett's attorney, said Thursday that he was not available to discuss the case, which claimed cumulative head injuries but did not specify CTE. Owens had 45 days to appeal the decision to the California Court of Appeal, but court records indicate no such action has been...

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Monday, November 11, 2013

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