Copyright

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

Friday, November 15, 2013

Bill aims to protect workers wrongly labeled as independent contractors

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

The hunt for cheap labor has led to a rash of payroll fraud by companies scraping for any advantage in a sputtering economy, lawmakers say.
As a result, they say, American taxpayers are cheated out of millions, workers are underpaid and the injured are denied workers compensation. Lawmakers on Capitol Hill introduced legislation Tuesday, in conjunction with a Senate hearing, in an effort to curtail what they say has become a widespread practice that hurts not only workers but also law-abiding companies that can’t compete with the bad actors.
The issue is common in fields such as those for janitors, homecare workers and cable installers. But it’s especially prevalent in the construction industry, where a company can save as much as 30 percent of its costs by wrongfully reporting its workers as independent contractors instead of employees.
The practice is known as misclassification. In the most basic terms, if the employer is directing the worker, including setting his or her schedule, telling the worker what to do, when to do it and how to do it, the worker should be listed as an employee, according to federal rules.
By listing workers as independent contractors, companies can avoid paying insurance, taxes and overtime. It also shields companies from responsibilities of having to protect those working for them.
Matt Anderson of Ira Township, Mich., needs only to look at his left hand to see the potential...
[Click here to see the rest of this post]

Blowing the Whistle on the Chamber of Commerce

Today's post was shared by Linda Reinstein and comes from www.forbes.com

The U.S. Chamber of Commerce’s Institute for Legal Reform recently released a report on the False Claims Act (FCA)—the primary whistleblower legislation utilized by the federal government.  Unfortunately, its analysis presents a fundamentally defective approach to addressing fraud in business.
In short, the Chamber’s report concludes the following: there is a lot of fraud in American commerce, particularly the kind of fraud (much of it in healthcare) that costs American taxpayers billions and billions of dollars annually (in excess of $70 billion according to the Government Accountability Office).  In fact, fraud is such a big problem that Congress needs to amend the FCA and reduce protections and rewards available for those who risk their careers to report that fraud.
The reality is that the FCA is an example of how the government works at its best and most efficient.  In fact, another recent study by the Taxpayers Against Fraud Education Fund concludes that the government actually recovers $20 for every $1 it invests in fraud investigations pursuant to the FCA.
And there is a reason for it.  It is because it may be the one area where government appropriately harnesses the private sector profit motive.  It is the one area where government outsources ordinary people, driven by their own morality, conscience, and, yes, desire for money, to help do government’s work and provide a public good in the process.  In fact, some...
[Click here to see the rest of this post]

More Obamacare Enrollees In California Than In 36 States Combined

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

Obamacare California
Obamacare California

The only thing that perhaps matched the vastness of the spread or the depth of the traction of the "death panel" lie was the predictability that such a lie would come to be told in the first place. After all, this was a Democratic president trying to sell a new health care reform plan with the intention of opening access and reducing cost to millions of Americans who had gone without for so long. What's the best way to counter it? Tell everyone that millions of Americans would have increased access ... to Death! The best account of how the "death panel" myth was born into this world and spread like garbage across the landscape has been penned by Brendan Nyhan, who in 2010 wrote "Why the "Death Panel" Myth Wouldn't Die: Misinformation in the Health Care Reform Debate." You should go read the whole thing.But to summarize, the lie began where many lies about health care reform begin -- with serial liar Betsy McCaughey, who in 1994 polluted the pages of the New Republic with a staggering pile of deception in an effort to scuttle President Bill Clinton's health care reform. As Nyhan documents, she re-emerged in 2009 when "she invented the false claim that the health care legislation in Congress would result in seniors being directed to 'end their life sooner.'"Nyhan: "McCaughey's statement was a reference to a provision in the Democratic health care bill that would have provided funding for an advanced care planning for Medicare recipients once every five...

[Click here to see the rest of this post]

Work Comp Lost Focus

Today's post was shared from daviddepaolo.blogspot.com

As part of a cadre of bloggers that write about workers' compensation, one of the questions we are often asked to address is, "what is wrong with workers' compensation?".
The California Division of Workers' Compensation largely answered that question by announcing that they have issued a new, mandatory, Form 105 for unrepresented workers to request a panel qualified medical examination.
The new form is at http://www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm105.pdf. Take a look at it, and tell me if you were not savvy about workers' compensation if you would not be intimidated and/or befuddled by this monstrosity of bureaucratic irrationality.
I know what the administration was thinking when this form was developed - that claims administrators would be the primary users.
But if it is an unrepresented injured worker the amount of data required, the exact procedure to be used, and the terms contained within the form all conspire against a fair outcome for the claimant.
For instance, is an injured worker going to understand that the reason for a QME panel request is based on Labor Code section 4060, 4061 or 4062?
NO.
And unless your claim is relatively simple, are you, as an unrepresented, likely unsophisticated consumer of workers' compensation resources really going to know which medical specialty should be performing the services?
NO.
And how about this daunting, foreboding warning: "If you do not select a QME from the panel, schedule an appointment with the QME and inform the...
[Click here to see the rest of this post]

What “Lies” Beneath the Wall Street Journal Asbestos Article, Myths and Facts Exposed

Today's post was shared by Take Justice Back and comes from www.takejusticeback.com

On March 11, 2013, the Wall Street Journal published an article that fits neatly in the play book of Big Asbestos’ campaign to avoid compensating the asbestos victims they deliberately harmed by vilifying the victims and accusing them and their families of “fraud.”  The goal of this campaign, led by asbestos corporations, their insurers and their front groups, is to delay and deny until asbestos victims die.  

Rather than focusing on these victims and their families who have been devastated by asbestos disease, the WSJ article perpetuates the same deceptive and inaccurate claims about the asbestos trusts that Big Asbestos has been campaigning on for years.  At no point does the article claim to have actual evidence of widespread fraud; instead, the article relies on unnamed, unidentified “politicians, judges and defense lawyers” that claim that the “opportunity for abuse flourishes.”  What the WSJ's data analysis does show that the trusts have a very low anomaly rate and are operating efficiently, especially for such a massive system. 

These unfounded accusations are used by Big Asbestos to push legislation at the state and federal levels that would add significant time and costs to the justice process for victims.  The following are some of the most deceptive claims in the article: 

Myth: There are too many asbestos lawsuits and claims.  

Fact: There are many asbestos lawsuits and claims because...

[Click here to see the rest of this post]

J&J Said to Reach $4 Billion Settlement of Hip-Implant Suits (1)

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

J&J Said to Reach $4 Billion Settlement of Hip-Implant Suits (1)
J&J Said to Reach $4 Billion Settlement of Hip-Implant Suits (1)

Johnson & Johnson (JNJ:US) will pay more than$4 billion to resolve thousands of lawsuits over its recalledhip implants in the largest settlement of U.S. legal claims fora medical device, three people familiar with the deal said.

The accord will resolve more than 7,500 lawsuits in federaland state courts against J&J’s DePuy unit, said the people, whorequested anonymity because they weren’t authorized to speakpublicly about the settlement. Patients who have had hipsreplaced claimed in the cases that the implants were defective.

The company will pay an average of $300,000 or more foreach of those surgeries, the people said. The agreement doesn’tbar patients whose artificial hips fail in the future fromseeking compensation from J&J, they said. That means thesettlement is uncapped in terms of its total value, according tothe people. The settlement is expected to be announced next weekin federal court in Toledo, Ohio.

The agreement “resolves a lot of litigation that couldhave dragged on for years and cost J&J much more money in thelong run,” said Carl Tobias, who teaches product-liability lawat the University of Richmond in Virginia.

The settlement will be the second multibillion-dollaragreement this month for J&J, the world’s largest seller ofhealth-care products. J&J, based in New Brunswick, New Jersey,agreed Nov. 4 to pay $2.2 billion to resolve...

[Click here to see the rest of this post]

House Considers Bills to Limit Americans’ Rights

Today's post was shared by Take Justice Back and comes from www.justice.org

House Considers Bills to Limit Americans’ Rights

Text Size

Home Newsroom AAJ News House Considers Bills to Limit Americans’ Rights

For Immediate Release: November 12, 2013

Contact: Katie Gommel
202-965-3500, ext. 6645
media.replies@justice.org

 House Considers Bills to Limit Americans’ Rights

Washington, DC—The following is a statement from America Association for Justice President Burton LeBlanc in response to the passage of H.R. 982 and H.R. 2655 out of the U.S. House of Representatives Committee on Rules.

“Corporations should not bully Americans out of their rights to access justice.

“H.R. 982 would violate asbestos victims’ privacy and allow asbestos corporations to delay and deny justice until asbestos victims die.  Asbestos kills over 10,000 Americans every year, and the industry hid the dangers for decades; the last thing this industry needs is a handout from Congress.

“H.R. 2655 is the latest favor to multinational corporations seeking to undermine the rights of American workers and consumers by adding unnecessary burdens and delays to the civil justice system.  At a time when our courts are already suffering from persistent underfunding, Congress should focus efforts on improving access to justice.”

As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through...

[Click here to see the rest of this post]

Lawsuit abuse bill passes U.S. House

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

WASHINGTON (Legal Newsline) — The U.S. House of Representatives on Thursday approved a bill aimed at reducing the number of frivolous lawsuits plaguing the nation’s legal system.

The House voted 228-195 in favor of the Lawsuit Abuse Reduction Act.

Smith

Of those 228 votes for the legislation, 225 came from Republicans and three came from Democrats. Of the 195 against the bill, 193 came from Democrats and two came from GOP representatives.

LARA, or House Resolution 2655, would impose mandatory sanctions on lawyers who file meritless suits in federal court.

Specifically, the bill would:

- Reinstate 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;

- Ensure 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

- Reverse 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.

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 National Association of Manufacturers, in a letter ahead of the House vote, urged lawmakers to...

[Click here to see the rest of this post]

U.S. House passes FACT Act

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

Farenthold
Farenthold

WASHINGTON (Legal Newsline) – The U.S. House of Representatives on Wednesday passed the FACT Act, which would require more transparency from asbestos trusts, after sometimes heated debate earlier in the day.

Farenthold

The House voted 221-199 to pass HR 982, also known as the Furthering Asbestos Claim Transparency Act. The vote closely followed party lines, with only five Democrats voting in the majority.

The measure would require asbestos trusts, which were established to pay off future claims against asbestos companies, to release quarterly reports about who seeks compensation. Republicans say the measure would cut fraudulent claims and reduce the number of people trying to double dip and get compensation from active companies as well as these trusts.

Democrats, on the other hand, said there is no evidence of such fraud. They also claim victims’ personal and medical information would be more public.

During Wednesday afternoon’s debate, resolution sponsor Rep. Blake Farenthold, R-Texas, said fraud cuts the amount of money available for legitimate asbestos claims.

“This is for the victims,” he said. “It’s two pages of text. There is no requirement of any action by the (asbestos) victims. The trusts are the only ones required to do something. This doesn’t involve broad release of information.

“It just requires them to tell who they’re paying money to and what they’re paying, so there is no double dipping....

[Click here to see the rest of this post]

Mississippi courts still sympathetic to lung litigation in wake of scandal

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

Porter
Porter

Porter

Johnson

PORT GIBSON and LAUREL, Miss. (Legal Newsline) – Last decade’s flood of mass silicosis suits into Mississippi courts dried up in the heat of scandal, but new silicosis suits are steadily streaming into the same sympathetic courts.

The new suits, like thousands that federal judge Janis Jack reviewed in 2005, depend on little evidence beyond X-ray reports of a well paid expert.

In a dramatic turn of events, the expert behind the new suits once joined Jack in ripping the experts behind the old suits.

Pulmonologist Steven Haber of Houston, who now testifies at $450 an hour for depositions and $5,000 a day for trials, once echoed Jack’s opinion that doctors manufactured reports for the lawyers who paid them.

Those doctors lost reputations and licenses, and avoided prosecution by invoking Fifth Amendment privilege against self incrimination.

Haber has found success employed as an expert for attorneys Allen Smith of Ridgeland, and Timothy Porter, Patrick Malouf and John Givens of Jackson, who run a constant cycle of trials around the state.

At a wrongful death trial in September in Port Gibson (Claiborne County), defense attorney Walter Johnson of Watkins & Eager in Jackson confronted Haber with an affidavit he had produced for purposes of the WR Grace bankruptcy. In it, Haber was critical of B-readers, or readers of X-rays.

Haber testified that he never met the deceased claimant Lawrence Armstrong and that the only information he had reviewed...

[Click here to see the rest of this post]

Obama: Insurers Can Extend Canceled Policies Into 2014

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

President Obama announced Thursday that insurers will be permitted to extend canceled insurance policies into 2014, due to the difficulties consumers are having enrolling in new insurance coverage through the new online marketplaces.

More coverage: Obama Offers Fix For Insurance Plan CancellationsA transcript follows.

PRESIDENT BARACK OBAMA: ... It has now been six weeks since the Affordable Care Act's new marketplaces opened for business. I think it's fair to say that the roll out has been tough so far, and I think everybody understands that I'm not happy about the fact that the roll out has been, you know, wrought with a whole range of problems that I've been deeply concerned about.

But today, I want to talk about what we know after these first few weeks and what we're doing to implement and improve the law. Yesterday, the White House announced that in the first month more than 100,000 Americans successfully enrolled in new insurance plans.

Is that as high a number as we'd like? Absolutely not.

But, it does mean that people want affordable health care. The problems of the website have prevented too many Americans from completing the enrollment process, and that's on us, not on them. But, there's no question that there's real demand for quality affordable health insurance.

In the first month, nearly a million people successfully completed an application for themselves or their families, those applications represent more than 1.5 million people. Of those 1.5 million,...

[Click here to see the rest of this post]

EXCLUSIVE: Volkswagen Isn’t Fighting Unionization—But Leaked Docs Show Right-Wing Groups Are

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

After Volkswagen issued a letter in September saying the company would not oppose an attempt by the United Auto Workers (UAW) to unionize its 1,600-worker Chattanooga, Tenn., facility, Sen. Bob Corker (R-Tenn.) was flabbergasted.

"For management to invite the UAW in is almost beyond belief," Corker, who campaigned heavily for the plant’s construction during his tenure as mayor of Chattanooga, told the Associated Press. "They will become the object of many business school studies—and I'm a little worried could become a laughingstock in many ways—if they inflict this wound."

Corker isn’t the only right-winger out to halt UAW’s campaign. In the absence of any overt anti-union offensive by Volkswagen, conservative political operatives worried about the UAW getting a foothold in the South have stepped into the fray.

Leaked documents obtained by In These Times, as well as interviews with a veteran anti-union consultant, indicate that a conservative group, Grover Norquist’s Americans for Tax Reform, appears to be pumping hundred of thousands of dollars into media and grassroots organizing in an effort to stop the union drive. In addition, the National Right-to-Work Legal Defense Foundation helped four anti-union workers in October file a complaint with the National Labor Relations Board claiming that Volkswagen was forcing a union on them. 

“Everyone is definitely looking at this fight,” the anti-union consultant, Martin...

[Click here to see the rest of this post]

Report: Johnson & Johnson could settle hip replacement lawsuits for $4 billion

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

Johnson & Johnson has agreed to settle thousands of lawsuits over defective all-metal replacement hips for up to $4 billion, according to reports this week.
Sources told The New York Times Tuesday that the tentative plan would include patients who’ve already had the devices — Articular Surface Replacements — removed and replaced with something different.
Under the deal, each patient would receive about $350,000 on average in compensation.
The $4 billion settlement would be one of the largest payouts for medical device product liability claims, the Times noted.
But the final cost could increase, depending on how many claimants already implanted with the devices end up having operations to replace them in the future, the sources told the newspaper.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled the ASRs in 2010.
Since then, more than 10,000 people have sued in state and federal courts in the United States.
The metal-on-metal replacement began to fail soon after implantation, as opposed to plastic and metal hip implants. Those typically last 15 years or more.
With the DePuy replacement, metal can flake off into the body and cause tissue and bone damage.
From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.
[Click here to see the original post]

Ecuadorian SC halves damages against Chevron

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

Kaplan
Kaplan

QUITO, Ecuador (Legal Newsline) — Ecuador’s Supreme Court on Tuesday upheld a $9.5 billion damage claim against Chevron Corp., but dismissed the $9 billion punitive damage award against the oil giant.

The opinion is the final ruling in the hotly contested lawsuit between the villagers of Ecuador and Chevron.

In 2011, a lower Ecuadorian court found Chevron liable for dumping billions of gallons of toxic waste into the Amazon, causing an outbreak of disease and decimating indigenous groups, and ordered the company to pay $19 billion.

Chevron has vowed never to pay the judgment.

Kaplan

It alleges that the Ecuador suit has been used to threaten the oil company, mislead U.S. government officials, and harass and intimidate its employees — all to extort a financial settlement from the company.

And soon after the 2011 ruling, the company filed a racketeering lawsuit in a New York federal court in an effort to prevent New York attorney Steven Donziger and the Ecuadorians from pursuing enforcement of the award.

Judge Lewis Kaplan, for the U.S. District Court for the Southern District of New York, continues to hear testimony in the case. The trial began last month.

In an email to Yahoo! News, Chevron spokesman James Craig called the Ecuadorian Supreme Court’s ruling “as illegitimate and unenforceable today as it was when it was issued.”

A spokesman for the legal team representing the Ecuadorian villagers countered, calling the court’s 220-page...

[Click here to see the rest of this post]

Nearly 1,500 Hospitals Penalized Under Medicare Program Rating Quality

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

More hospitals are receiving penalties than bonuses in the second year of Medicare’s quality incentive program, and the average penalty is steeper than it was last year, government records show.

Medicare has raised payment rates to 1,231 hospitals based on two-dozen quality measurements, including surveys of patient satisfaction and—for the first time—death rates. Another 1,451 hospitals are being paid less for each Medicare patient they treat.

For half the hospitals, the financial changes that started last month are negligible: they are gaining or losing less than a fifth of one percent what Medicare otherwise would have paid. Others are experiencing greater swings. Gallup Indian Medical Center in New Mexico, a federal government hospital on the border of the Navajo Reservation, will be paid 1.14 percent less for each patient. Arkansas Heart Hospital in Little Rock, a physician-owned hospital that only handles cardiovascular cases, will get the largest bonus, 0.88 percent.

The bonuses and penalties are one piece of the health care law’s efforts to create financial incentives for doctors and hospitals to provide better care. They come at a tumultuous time as the technical problems of the healthcare.gov insurance portal and premium prices are stoking questions about the law’s viability. The incentives are among the law’s few cost-control provisions that have kicked in, but it is too early to tell how effective they will be in making...

[Click here to see the rest of this post]

National Labor College Will Close Its Doors

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

In a brief statement on its website, the National Labor College announced on Wednesday that its board had “reluctantly decided to accept the inevitability of our closure” because of continuing financial difficulties. The beleaguered college, which began in 1969 as a labor-studies center to educate working adults who belonged to labor unions, has granted baccalaureate degrees since 1997, serving students both online and on its campus, in a Maryland suburb of Washington, D.C.

Two years ago, the college prematurely ended a planned five-year distance-education alliance with a for-profit partner, a subsidiary of Princeton Review Inc., citing slow enrollment gains. In 2012 the college announced its intention to sell its 47-acre campus and move its academic programs entirely online. But The Washington Post reported in July that a deal to sell the property had fallen through.

The college’s president, Paula E. Peinovich, said in the statement that the college did not yet have a specific date for closure. College officials “will provide information as soon as we can detailing how the shutdown will proceed,” she said, adding that the process would probably take “many months.”

[Click here to see the original post]

Obama Moves to Avert Cancellation of Insurance

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

WASHINGTON — President Obama, trying to quell a growing furor over the rollout of his health care law, bowed to bipartisan pressure on Thursday and announced a policy reversal that would allow insurance companies to temporarily keep people on health plans that were to be canceled under the new law because they did not meet minimum standards.

The decision to allow the policies to remain in effect for a year without penalties represented the Obama administration’s hurriedly developed effort to address one of the major complaints about the beleaguered health care law. It seemed for the moment to calm rising anger and fear of a political backlash among congressional Democrats who had been threatening to support various legislative solutions opposed by the White House because of their potential to undermine the law.

Senate Democratic leaders said they did not see the need for an immediate legislative fix — a victory for White House officials worried that momentum was building toward consideration of a measure to force the change.

The Republican-controlled House is still set to vote Friday on a bill by Representative Fred Upton, Republican of Michigan and chairman of the Energy and Commerce Committee, that would allow Americans to keep their existing health coverage through 2014 without penalties — as well as allow new people to continue to buy the plans, something the White House said would gut the Affordable Care Act.

The president’s announcement...

[Click here to see the rest of this post]

Corporate America’s new scam: Industry P.R. firm poses as think tank!

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

Corporate America's new scam: Industry P.R. firm poses as think tank!
Corporate America's new scam: Industry P.R. firm poses as think tank!

When scholars at University of California, Berkeley, recently released a study finding that low wages in the fast food industry cost taxpayers $7 billion every year in social supports to subsidize salaries of low-income workers, they ran into a respectable-sounding opponent. The professors had argued that the minimum wage should be increased to relieve the burden on taxpayers who underwrite supersize restaurant industry profits.

But as the bona fide academic study rolled out, multiple media outlets ran comments criticizing the report’s numbers and methodology from the scholarly sounding “Employment Policies Institute.”  The Austin Business Journal characterized EPI as a think tank “which studies employment growth,” while the Miami Herald ran a quote from Michael Saltsman, whom the paper named as EPI’s “research director.”

For his part, Saltsman ran aggressive Op-Eds against any minimum wage increase in papers such as the the Missoulian, where he was described as EPI’s “research fellow.” In an Op-Ed he wrote for the Washington Post, his title was listed as EPI’s “research director” but with a notation that EPI “receives funding from restaurants, among other sources.” But even this partial disclosure provides a disservice to readers in the nation’s capital.

In fact, the...

[Click here to see the rest of this post]