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

Tuesday, December 10, 2013

Delay Or Deny At Your Risk

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

There are so many reasons why both employers and workers feel that workers' compensation is "broken" or doesn't work.

Peter Rousmaniere, who is beginning work this week for WorkCompCentral, suggests in his column reviewing two studies on perceived delays in medical treatment that delay may arise as much from indifferent doctoring skills as days elapsing on the calendar.

An employer consultant relayed to me a factual scenario indicating another cause of this perception - standard claims administration protocol, which is defensive in nature as opposed to being aggressively pro-active.

Rousmaniere cites a couple of studies in his column. A Texas Department of Workers' Compensation survey of injured workers documents wide discrepancy in perceptions, but also notes that up to 50% of all survey respondents complained of some delay in receipt of treatment.

Another study cited by Rousmaniere conducted by Harbor Health, which specializes in designing workers’ compensation provider networks, looked for differences in claims outcome, including medical cost and litigation rates, and if surgical treatment happened early or late in the course of treatment.

Harbor Health found that early surgery in carpal tunnel cases (earlier than recommended by treatment guidelines) produced slightly more cost in medical expense but much less cost in indemnity expense.

Let's put these findings into context.

Assume a 28 year old male worker who complains of "...
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Passengers had to tell NJ Transit driver he struck pedestrian in Jersey City, report says

The NJ Transit bus driver who struck and critically injured a Union City man Friday night did not even know he struck the man until he was notified by passengers on the bus, police said in an accident report.

The posted speed limit for the street is 25 miles per hour, the report said.
The incident occurred in front of the Engine 14 Firehouse, whose members were among the first responders at the scene.  When police arrived, the victim was being treated for injuries to his head and right leg.
The man was taken to the Jersey City Medical Center. The driver told police that he was turning left onto Palisade Avenue from Congress Street when passengers told him there was a "commotion" in the street. The driver said he never saw the man, the report said. 
At the JCMC, medical officials were unable to get an account of what happened from the victim. 
The 58-year-old underwent emergency surgery early Saturday morning and underwent a second surgery Sunday, Jersey City Medical Center spokesman Mark Rabson said. He was in guarded condition this afternoon. 
NJ Transit officials refused to comment on the incident and would not say if any actions have been taken against the bus driver.

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Monday, December 9, 2013

Harness driver from Jersey City critically injured in racetrack accident


Harness race drivers are subject to workers' compensation coverage in NJ. Today's post is shared from philly.com
Members of the harness racing industry across the country are rallying to support a harness driver from Jersey City, who was critically injured at a Philadelphia racetrack  on Nov. 17.
Anthony Coletta, 31, was critically injured after he was trampled by a horse during a  four-horse accident at Harrah’s Philadelphia racetrack in Chester, Penn., according to Harnesslink.com.
Philly.com reported the accident occurred during the night's 11th race just short of two minutes into it. The accident was recorded on video, and, according to Philly.com,  it shows one horse appearing to stumble to the ground as a second horse rams it from behind, causing Coletta to flip several feet into the air and onto the track, as a horse comes up behind him. Other horses collided.
Coletta was taken to a local medical facility and then flow by Medivac helicopter to the Hospital at the University of Pennsylvania where he underwent surgery for brain trauma and multiple fractures, reported Harnesslink.com. It was reported as of the next morning Coletta was breathing on his own, the website reported.
Horsemen throughout the country have been organizing fundraising events and others are donating portions of their winnings to help pay for Coletta’s hospital expenses, it was reported.
The efforts are all being coordinated by one of Coletta’s best...
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Deadly Factory Fire Bares Racial Tensions in Italy

Fashion safety was the catalyst for the US workers' compensation program in 1911 following the Triangle Shirt Waist Factory fire in NY. Internationally it appears that not much has changed over a century as workers' continue to work in unsafe conditions throughout the world. Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

PRATO, Italy — Dozens of bouquets block the entrance to the Teresa Moda outlet and factory where seven Chinese workers died last Sunday in a fire that swept through the establishment where they worked and lived.
Enlarged photos of the seven victims, two women and five men, have been affixed to the door under a handwritten sign that reads: “Sorrow Has No Color.” Behind police barricades, in soggy piles, are charred bolts of cloth, mountains of plastic hangers and garbage bags full of newly cut garment pieces.
The building, which houses Teresa Moda, a wholesale distributor which also prepared clothing for assembly lines, did not have emergency exits, officials said. Windows were blocked by bars. Officials believe that a camp stove used for cooking probably caused the fire, in which two others were seriously hurt.
It took calamity to fan national outrage at the low-cost business model that took root here 20 years ago and that has transformed the economy of this Tuscan town 12 miles north of Florence.
But for officials who have tried to get a grip on the problem, “a tragedy is always just around the corner,” said Stefano Bellandi, the local secretary for the CISL, one of Italy’s main unions.
The fire at Teresa Moda, and the uproar that followed, exposed the complicated, and at times tense, cohabitation in Prato of Italian residents and Chinese immigrants, who now own nearly 45 percent of the city’s manufacturing businesses.
Law...
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Tech Giants Issue Call for Limits on Government Surveillance of Users

Surveillance of workers is a two-way sword. As companies complain about it, they employ surveillance against their own workers to deny work related compensation claims. Today's post was shared by The New York Times and comes from www.nytimes.com

Eight prominent technology companies, bruised by revelations of government spying on their customers’ data and scrambling to repair the damage to their reputations, are mounting a public campaign to urge President Obama and Congress to set new limits on government surveillance.
On Monday the companies, led by Google and Microsoft, presented a plan to regulate online spying and urged the United States to lead a worldwide effort to restrict it. They accompanied it with an open letter, in the form of full-page ads in national newspapers, including The New York Times, and a website detailing their concerns.
It is the broadest and strongest effort by the companies, often archrivals, to speak with one voice to pressure the government. The tech industry, whose billionaire founders and executives are highly sought as political donors, forms a powerful interest group that is increasingly flexing its muscle in Washington.
“It’s now in their business and economic interest to protect their users’ privacy and to aggressively push for changes,” said Trevor Timm, an activist at the Electronic Frontier Foundation. “The N.S.A. mass-surveillance programs exist for a simple reason: cooperation with the tech and telecom companies. If the tech companies no longer want to cooperate, they have a lot of leverage to force significant reform.”
The political push by the technology companies opens a third front in their battle against government surveillance,...
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Winter Weather Alert: Generators

Carbon monoxide poisoning is a serious issue for workers who use or are exposed to generators. As the winter storm season approaches employers and workers need to concentrate on avoiding exposures that could lead to serious illness and death in the workplace. Today's post was shared by U.S. CPSC and comes from www.cpsc.gov


Dangerous ice and snow is sweeping across the plains, south, and heading east.  There are expected to be widespread power outages associated with this large storm.
Are you planning on using a portable gas generator to help you during or after the storm this week?
When dealing with severe winter weather and power outages some people take unnecessary risks. Do not take extra risks with your generator. It can be deadly. Its invisible odorless CO exhaust can kill you and your family in just minutes.
Be safe. Put your generator:
  • OUTSIDE! Keep it at least 20 feet* away from windows and doors.
  • Do NOT put generators in garages or basements. An open door does NOT provide enough ventilation to save you from deadly carbon monoxide gas.
When you use a generator, be sure to have a working CO alarm in your home. (Note: You should do this anyway.)
Finally, know the initial symptoms of CO poisoning:
Get outside into fresh air quickly and call 911 immediately. Know what to do.
* Minimum distance recommended by the U.S. Centers for Disease Control and Prevention.
Here’s more information on carbon monoxide.
This address for this post is: http://www.cpsc.gov/onsafety/2013/12/winter-weather-alert-generators/
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Workplace Safety and Health Topics

NIOSH tries to stay ahead of the curve with workplace health and safety research. Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov

Caption from theme options
Caption from theme options

Overview

Primary themes in the NIOSH job stress research program:
  1. To better understand the influence of what are commonly-termed "work organization" or "psychosocial" factors on stress, illness, and injury
  2. To identify ways to redesign jobs to create safer and healthier workplaces
Examples of research topics at NIOSH within these two broad themes:
  • Characteristics of healthy work organizations
  • Work organization interventions to promote safe and healthy working conditions
  • Surveillance of the changing nature of work
  • Work organization interventions to reduce musculoskeletal disorders among office operators
  • Work schedule designs to protect the health and well-being of workers
  • The effects of new organizational policies and practices on worker health and safety
  • Changing worker demographics (race/ethnicity, gender, and age) and worker safety and health
  • Work organization, cardiovascular disease, and depression
  • Psychological violence in the workplace
In addition, the NIOSH program also includes:
  • Sponsorship of conferences on work, stress and health
  • Publication of educational documents on work, stress, and health

Job Stress and NORA

In 1996, NIOSH established an interdisciplinary team of researchers and practitioners from industry, labor, and academia to develop a national research agenda on the "organization of work." Work organization refers to management and supervisory practices, to production processes, and to their influence on the way work is performed. (In...
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Sleep Deprivation Is A Public Health Issue That’s Deadlier Than You Think

Transportation accidents at work are a major component for work related fatalities. Today's post was shared by RWJF PublicHealth and comes from thinkprogress.org

By Tara Culp-Ressler on December 5, 2013 at 2:21 pm
"Sleep Deprivation Is A Public Health Issue That’s Deadlier Than You Think"
sleep
On Sunday, a commuter train derailed on its way to Manhattan, killing four people and injuring more than 60. It’s not clear exactly what caused the accident, although some reports indicate that the conductor may have been nodding off at the wheel. That’s sparked a broader conversation about sleep deprivation as a public health concern.
Indeed, by some researchers’ estimations, “drowsy driving” is just as dangerous as drunk driving. Both can double the risk of a traffic accident, and the National Highway Traffic Safety Administration estimates that about 100,000 of the annual car crashes in the U.S. directly result from driver fatigue. Teens are particularly at risk for driving while drowsy, a reality that’s led some parents to push to start high school later in the day.
The issue is especially serious among transportation workers, who often literally have hundreds of lives in their hands. According to the Huffington Post, multiple public transportation accidents — not just on trains, but also on buses and airplanes — have been attributed to sleep-deprivation over the past decade.
According to a 2012 survey from the National Sleep Foundation, about one fourth of these workers admit that a lack of sleep has affected their recent job performance. And many of them also acknowledge that this issue...
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A Plan B For Healthcare.gov?

Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com
By ROBERT LASZEWSKI


It is now becoming clear that the Obama administration will not have Health.care.gov fixed by December 1 so hundreds of thousands, or perhaps millions, of people will be able to smoothly enroll by January 1.
Why do I say that? Look at this from the administration spokesperson’s daily Healthcare.gov progress report on Friday:
Essentially what is happening is people [those working on the fixes] are going through the entire process. As we have fixed certain pieces of functionality, like the account creation process, we’re seeing volume go further down the application. We’re identifying new issues that we need to be in a position to troubleshoot.
Does that sound like the kind of report you would expect if they were on track to fix this in less than three weeks? Their biggest problem is that they admittedly don’t know what they don’t know.
The spokesperson also reiterated the administration intends to have Obamacare’s computer system “functioning smoothly for the vast majority of users” by the end of the month.
It’s time for the Obama administration to get real.
It takes months to properly test a complex data system like this. Two things are obvious:
  1. When they launched on October 1, very little of the testing had been completed.
  2. They are now in the midst of that many months long testing and fixing period. It is clear they don’t have a few weeks of work left; they have months of work left.
    As Senate Finance...
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Sunday, December 8, 2013

CDC's Camp Lejeune study links birth defects to marine base's drinking water

A company of Marines participate in
 a 10 kilometer training march carrying
 55 pound packs during Marine Combat
 Training (MCT) on February 22, 2013
 at Camp Lejeune, North Carolina.

Scott Olson, Getty Images
We reported about the contamination at Camp Lejune sometime back. A recent study confirms contamination. Today's post is shared fom cbsnews.com

A long-awaited study by the U.S. Centers for Disease Control and Prevention (CDC) shows a link between tainted tap water at a U.S. Marine Corps base in North Carolina and increased risk of serious birth defects and childhood cancers.

The study released late Thursday by the CDC's Agency for Toxic Substances & Disease Registry is based on a small sample size and cannot prove exposure to the chemicals caused individual illnesses. It surveyed the parents of 12,598 children born at Camp Lejeune between 1968 and 1985, the year most contaminated drinking water wells were closed.
The study looked back in time and was designed to see if there was a link between exposure to certain chemicals and certain health problems that developed later.

The study concludes that babies born to mothers who drank the tap water while pregnant were four times more likely than women in similar circumstances who did not consume the water to have such serious birth defects as spina bifida. Babies whose mothers were exposed also had a slightly elevated risk of such childhood cancers as leukemia, according to the results.
The CDC was able to confirm 15 cases of spina bifida and anencephaly, 24 oral clefts and 13 cancers.'

More than 100 cases of birth defects and...
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Saturday, December 7, 2013

Asbestos and Cigarettes


Paul Brodeur, author of Outrageous Misconduct, The Asbestos Industry on Trial, points out that asbestos was introduced into American manufacturing by an asbestos industry that knew the dangers health consequences of its use. Todays' post is shared from the NYimes.org 


Re “The Asbestos Scam,” by Joe Nocera (column, Dec. 3): Asbestos manufacturers filed for bankruptcy after juries across the nation assessed punitive damages for concealing the asbestos-disease hazards from their workers and the users of their products for 50 years.

Mr. Nocera makes light of a claimant’s assertion that she was subjected to asbestos exposure because she lived in a house with relatives who worked with asbestos, but numerous studies link household exposure (often called “bystander exposure”) with asbestos disease. He denies that there is conclusive proof that cigarette smoking and asbestos exposure combine to increase the risk of lung cancer, despite the findings of epidemiological studies from around the world.

Chief among them is the investigation by Dr. Irving J. Selikoff, former director of the Mount Sinai School of Medicine’s Environmental Sciences Laboratory, and Dr. E. Cuyler Hammond, former vice president for epidemiology and statistics of the American Cancer Society, who showed that nonsmoking asbestos workers died of lung cancer seven times more often than people in the general population, and whose calculations suggested that asbestos workers who smoked had more than 90 times the risk of dying of lung cancer as men who neither worked with asbestos nor smoked.

An estimated 10,000 Americans are dying of asbestos disease each year; before the asbestos tragedy has run its course, an estimated 500,000...
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Friday, December 6, 2013

Genetic Tester to Stop Providing Data on Health Risks

Genetic testing of employees has been a concern of legislators over the last decade. Just when, one thinks the problem is contained, technology and the Internet emerge with new and critical issues. Do-it-yourself genetic testing creates new issues even more challenging than before. Today's post was shared by The New York Times and comes from www.nytimes.com


Bowing to the Food and Drug Administration, the genetic testing service 23andMe said Thursday that it would stop providing consumers with health information while its test undergoes regulatory review.
The decision was in response to a warning letter sent by the agency two weeks ago saying that the genetic test was a medical device that requires approval.
“We remain firmly committed to fulfilling our long-term mission to help people everywhere have access to their own genetic data and have the ability to use that information to improve their lives,” Anne Wojcicki, the chief executive of 23andMe, said in a statement Thursday evening.
“Our goal is to work cooperatively with the F.D.A. to provide that opportunity in a way that clearly demonstrates the benefit to people and the validity of the science that underlies the test.”
The company will continue to take orders for new tests but will provide only ancestry information and raw data, without interpretations of the health implications. It said it might resume providing health data if it receives regulatory approval.
23andMe sought approval of certain of its tests in 2012 but did not provide information the F.D.A. required. After the company began advertising on television, the agency ordered it to stop marketing its test.
The company then halted advertising, apparently hoping that it could stop “marketing” but continue selling. But it appears that regulators did not buy that...
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Keeping privacy in focus

Confidentiality has been the hallmark of Workers' Compensation since the inception of the program. Has been challenged federally through the portability act concerning the privacy of medical records. All that reach was bad enough, a data breach from and a governmental site is even worse. It is becoming more than obvious, but the weak financial infrastructure, of the patchwork of worker's Compensation systems for the country are creating serious challenges. Instead of attempting to run 50 different programs throughout the country, it is probably A good idea to start looking inward, and establishing a single solid system that can meet the needs required to run A multibillion-dollar benefit system the rep country and also maintain the confidentiality and privacy that the parties participating in it require. Today's post shared from therepublic.com

Hackers gained access to the personal information of about 26,000 Pennsylvanians who use debit cards to receive jobless and workers' compensation benefits, the Pennsylvania Treasury Department said Thursday.
The incident was part of a wider security breach affecting 465,000 holders of JPMorgan Chase & Co. prepaid cash cards nationwide.
The breach affects only cardholders who used the JPMorgan Chase UCard Center website between mid-July and mid-September, the Treasury Department said. Michael Fusco, a spokesman for JPMorgan, said the bank found no evidence any information was used improperly.
JPMorgan first contacted the Pennsylvania Treasury Department on Tuesday, agency spokesman Gary Tuma said.
JPMorgan has referred the matter to law enforcement and would not explain details of how the breach occurred, the Treasury Department said.
The Pennsylvania agency wants details from JPMorgan Chase about the bank's response to the breach, including an explanation for any delay in notifying it and the additional measures it will undertake to protect against a recurrence.
The department said most of the personal information that might have been viewed includes card numbers, dates of birth, user IDs, email addresses. Information on external bank accounts might have been exposed, as well, if a cardholder completed a transaction to it, the department said.
Cardholders are being contacted by letter with instructions and are being urged by JPMorgan Chase in the meantime to...
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Trickle Down Stagnation

Workers' compensation is dependent the integration of federal benefits in many claims. As the federal government continues to stagnate legislatively, it is difficult for workers' compensation programs to maintain their viability and effectuating a medial social legislative system. Today's post, an editorial, from the New York Times, points out, that the federal government continues big political standoff. Unfortunately, the difficulties facing the federal government in formulating regulations and legislation, Will trickle-down two additional stagnation in the Worker's Compensation programs throughout the nation. Weather this is by design, or an unintentional consequence, the bottom line is that, but Workers' Compensation system Will need to be reformulated before choked out of existence.

Last week, in a fit of fury after they lost the ability to filibuster President Obama’s nominees, several Congressional Republicans threatened to retaliate by slowing things down on Capitol Hill. Democrats “will have trouble in a lot of areas because there’s going to be a lot of anger,” said Senator John McCain, Republican of Arizona, specifically warning that a United Nations disability treaty was now in danger of being rejected for the second time.

It’s hard to see how Republicans could slow things down more than they already have for the last several years. Yes, they can prevent committees from meeting and add days of wasted time to every nomination...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.