Workers' Compensation

Tuesday, April 26, 2011

Workers Memorial Day - April 28th

Decades of struggle by workers and their unions have resulted in significant improvements in working conditions. But the toll of workplace injuries, illnesses and deaths remains enormous. Each year, thousands of workers are killed and millions more are injured or diseased because of their jobs. The unions of the AFL-CIO remember these workers on April 28, Workers Memorial Day.

The first Workers Memorial Day was observed in 1989. April 28 was chosen because it is the anniversary of the Occupational Safety and Health Administration and the day of a similar remembrance in Canada. Every year, people in hundreds of communities and at worksites recognize workers who have been killed or injured on the job. Trade unionists around the world now mark April 28 as an International Day of Mourning.

Sunday, April 24, 2011

NIOSH Correction: Asbestos is A Know Carcinogen

NIOSH has corrected it originally released report last month and has now inserted the text:

"NIOSH has determined that exposure to asbestos fibers causes cancer and asbestosis in humans and recommends that exposures be reduced to the lowest feasible concentration."

For more about this correction see The Pump Handle article.

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Saturday, April 23, 2011

NIOSH Proposes Chronic Lymphocytic Leukemia As Compensable

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The Department of Health and Human Services (HHS) is proposing to treat Chronic Lymphocytic Leukemia (CLL) as a radiogenic cancer under EEOICPA. Under the current final rule on Guidelines for Determining the Probability of Causation Under EEOICPA (42 CFR Part 81) published in 2002, all types of cancers, except for CLL, are treated as being potentially caused by radiation and therefore, as potentially compensable under EEOICPA. HHS proposes to reverse its decision to exclude CLL from such treatment.

Guidelines for Determining Probability of Causation Under the Energy Employees Occupational Illness Compensation Program Act of 2000; Revision of Guidelines on Non-Radiogenic Cancers

(March 21, 2011)

PDF 270 KB (8 pages)

HHS invites written comments on this Notice of Proposed Rulemaking from interested parties. Comments must be received by June 20, 2011.

Persons or organizations interested in participating in this rulemaking by submitting written views, arguments, recommendations, and data can submit comments by e-mail or mail. Comments should be addressed to the NIOSH Docket Officer, titled "NIOSH Docket #209," and should identify the author(s), return address, and a phone number, in case clarification is needed.

E-mail: NIOSH Docket Officer, nioshdocket@cdc.gov. Include "NIOSH Docket #209" and "42 CFR 81.30" in the subject line of the message.
Mail: NIOSH Docket Office,
Robert Taft Laboratories, MS-C34
4676 Columbia Parkway, Cincinnati, OH 45226

All communications received on or before the closing date for comments will be fully considered by HHS.

All comments submitted will be available for examination in the rule docket (a publicly available storage of the documents associated with the rulemaking) both before and after the closing date for comments.

A complete electronic docket containing all comments submitted will be available athttp://www.cdc.gov/niosh/docket/archive/docket209.html or comments will be available in hard-copy by request.

For over 3 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 work related accidents and injuries.

Occupational Secondhand Smoke Exposures Continue in Some States

A recent report by the US Centers for Disease Control (CDC) reports that despite potential disease smoking is not prohibited yet in some workplaces.

"Secondhand smoke (SHS) exposure causes lung cancer and cardiovascular and respiratory diseases in nonsmoking adults and children, resulting in an estimated 46,000 heart disease deaths and 3,400 lung cancer deaths among U.S. nonsmoking adults each year. Smoke-free laws that prohibit smoking in all indoor areas of a venue fully protect nonsmokers from involuntary exposure to SHS indoors. A Healthy People 2010 objective called for enacting laws eliminating smoking in public places and worksites in all 50 states and the District of Columbia (DC); because this objective was not met by 2010, it was retained for Healthy People 2020 (renumbered as TU-13). To assess progress toward meeting this objective, CDC reviewed state laws restricting smoking in effect as of December 31, 2010. This report summarizes the changes in state smoking restrictions for private-sector worksites, restaurants, and bars that occurred from December 31, 2000 to December 31, 2010. The number of states (including DC) with laws that prohibit smoking in indoor areas of worksites, restaurants, and bars increased from zero in 2000 to 26 in 2010. However, regional disparities remain in policy adoption, with no southern state having adopted a smoke-free law that prohibits smoking in all three venues. The Healthy People 2020 target on this topic is achievable if current activity in smoke-free policy adoption is sustained nationally and intensified in certain regions, particularly the South.

"As of December 31, 2010, in addition to the 26 states with comprehensive smoke-free laws, 10 states had enacted laws that prohibit smoking in one or two, but not all three, of the venues included in this study. Additionally, eight states had passed less restrictive laws (e.g., laws allowing smoking in designated areas or areas with separate ventilation). Finally, seven states have no statewide smoking restrictions in place for private worksites, restaurants, or bars. Of note, only three southern states (Florida, Louisiana, and North Carolina) have laws that prohibit smoking in any two of the three venues examined in this report, and no southern state has a comprehensive state smoke-free law in effect.

Secondhand smoking is a recognized compensable condition for workers' compensation benefits. Recently a casino worker exposed to secondhand smoke was permitted by a court to obtain benefits for the lung cancer that he suffered.

Thursday, April 21, 2011

OSHA Anniversary April 21, 2011 10:00am C-Span Event

A picture of David Michaels, Assistant Secreta...

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Featured speaker: David Michaels, Assistant Secretary of Labor for Occupational Safety and Health Introduction by:: John Podesta, President and CEO, Center for American Progress Featured panelists: Cathy Stoddart, Staff Nurse, Allegheny General Hospital, Pittsburgh, Pennsylvania, SEIU Mike Weibel, United Steelworkers/Goodyear Safety and Health Coordinator, Goodyear Tire and Rubber, Topeka, Kansas Peg Seminario, Director of Safety and Health, AFL-CIO Joseph Van Houten, Senior Director of Worldwide Environment, Health, and Safety, Johnson & Johnson David Weil, Professor of Economics, Boston University School of Management Moderated by: Reece Rushing, Director of Government Reform, Center for American Progress.

Source C-Span

Tuesday, April 19, 2011

Dangerous Formaldehyde Based Hair Straighteners Reportedly in Widespread Use

A recent report published by the Environmental Working Group (EWG) reports, that formaldehyde based hair straighteners, used in many hair salons, are health hazards. The products are allegedly being used without disclosure of the potential health dangers of human exposure. Formaldehyde is a known carcinogen, a cancer causing agent, as well as an allergen.

EWR reports:

"For the past four years, some celebrities and fashionistas with $250 to $600 to drop at a hair salon have raved about “Brazilian-style keratin” hair straighteners purported to transform frizzy, unmanageable hair into flat, silky-smooth locks.

"In fact, those chemical concoctions are loaded with formaldehyde, which numerous prestigious health bodies, most recently, a National Academy of Sciences panel, have labeled a human carcinogen. Formaldehyde is also a potent allergen. It is especially hazardous when it reverts to its natural state, a gas, and is inhaled. Formaldehyde-based hair straighteners present a particular danger to salon workers who apply blow driers and 450-degree flatirons to chemical-coated hair.

"Some salon clients and personnel have suffered severe allergic reactions, massive hair loss, neck and face rashes, blistered scalps and other serious health problems, according to an Environmental Working Group review of 47 previously unpublished “adverse event” reports filed with the U.S. Food and Drug Administration and obtained under the Freedom of Information Act.

"EWG’s comprehensive survey of 45 manufacturers of hair-straightening products has found that:

15 of 16 companies claim little to no formaldehyde but tests show their products contain substantial amounts – These include Brazilian Blowout, Cadiveu and other top brands. The hair straightener company Goleshlee admits on its website that its product contains formaldehyde but omits the toxic chemical from its online ingredient list.

Fumes in salon air – Tests of salon air conducted in 2010 found powerful formaldehyde fumes. Other tests have found that hair straighteners contain up to 11.8 percent formaldehyde. When vapors reach significant levels, and when products contain a formaldehyde solution of more than 1 percent, federal law requires salons to provide medical monitoring for workers with symptoms, quick-drench showers for immediate use if solution touches skin and emergency eyewash stations.

Most top salons deny risks – Only three of Elle magazine’s 41 top-rated salons surveyed by EWG do not offer hair-straightening services because of health dangers. Nine salons claimed they used products free or nearly free of toxic chemicals. Yet test results compiled by EWG show the products are laden with formaldehyde. The salons’ claims usually echoed the manufacturers’ own misstatements about the chemistry and safety of the products. Among salons offering formaldehyde hair straighteners are the Andy Lecompte salon in Los Angeles, Whittenmore House Salon in New York and Metodo Rossano Ferretti Hair and Spa in Miami."

Recently the US Occupational and Health Administration issued a "Hazard Alert" to salon workers and owners over the dangers of the us of hair straighteners. The EWG has petitioned the US Food and Drug Administration (FDA) to also take action citing allegedly hazardous products. The exhibit accompanying the petition reviews multiple products including:

The EWR reports on the following products:

R and L Soft-Liss Professional Line

KeraGreen Keratin and Protein Hair System by LBD

Tahe Thermo Keratin Hair Treatment

Silkening Technologies Pro Collagen Rx Keratin Treatment

Brazilian Gloss Brazilian Keratin Treatment

Keratin Express Formula

Marcia Teixeira Brazilian Keratin Treatment

IBS i-Straight System

Coppola Keratin Keratin Complex Smoothing Therapy

Brazilian Blowout Açai Professional Smoothing (“Original”) Solution

Cadiveu Brazilian Keratin Smoothing Formula

Global Keratin (“GKHair”) Products

QOD

Since the FDA does not have the authority to issue a recall, EWR recommends, among other safety issues that need to addressed, that companies voluntarily recall their hair straightening products.

Monday, April 18, 2011

OSHA To Fine Employers for Distracted Driving Accidents

OSHA has announced an aggressive program to combat "The Number 1 Killer of Workers," Distracted Driving. The announcement was made today by Dr. David Michaels, Assistant Secretary of Labor of the Occupational Safety and Health (OSHA).

The enforcement program was described by Michaels at a symposium on the prevention of Occupationally-Related Distracted Driving conference hosted by Johns Hopkins University. Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving.

It is the intention of OSHA to provide education and enforcement on the issue of distracted driving. OSHA will investigate motor vehicle accidents, including cell phone records, and will issue citations and fine employers where an accident involved texting while driving. While OSHA has juridiction over employers, and not employees, it hopes to encourage all employers to declare motor vehicles a "text free zone."

Saturday, April 16, 2011

OSHA at 40

Please join the Center for American Progress for a special presentation:

OSHA at 40

April 21, 2011, 10:00am – 11:30am

Admission is free.

RSVP to attend this event

Featured speaker:
David Michaels, Assistant Secretary of Labor for Occupational Safety and Health

Featured panelists:
Peg Seminario, Director of Safety and Health, AFL-CIO
Joseph Van Houten, Senior Director of Worldwide Environment, Health, and Safety, Johnson & Johnson
David Weil, Professor of Economics, Boston University School of Management

Moderated by:
Reece Rushing, Director of Government Reform, Center for American Progress

In 1970, 18 out of every 100,000 workers were killed on the job—a total of nearly 14,000 dead. That same year, President Richard Nixon signed legislation creating the Occupational Safety and Health Administration.

As OSHA celebrates its 40th birthday this month, we also celebrate safer and healthier workplaces. Workplace fatality, injury, and illness rates are down more than 65 percent since 1970, thanks in large part to OSHA's efforts.

Despite this progress, workers still face many dangers. Every year more than 4,000 workers die on the job and more than 4 million suffer work-related injuries and illnesses. OSHA must stay vigilant and keep up with ever-changing occupational hazards.

Please join the Center for American Progress for a conversation about the agency's past and future. David Michaels, assistant secretary of labor for OSHA, will talk with workers about changes they have seen on the ground. He will also talk with experts from labor and business about OSHA’s latest policies and actions.

April 21, 2011, 10:00am – 11:30am

Space is extremely limited. RSVP required.
Seating is on a first-come, first-served basis and not guaranteed.

Coffee will be served at 9:30 a.m.

Center for American Progress
1333 H St. NW, 10th Floor
Washington, DC 20005
Map & Directions

Nearest Metro: Blue/Orange Line to McPherson Square or Red Line to Metro Center

RSVP to attend this event

For more information, call 202-682-1611.

Asbestos Contaminates 772 New York City Schools

The Board of Education of the City of New York has reported that asbestos wiring, a known carcinogen, is hampering the removal of PCB lights. The asbestos contaminating the schools is was discovered while the City was attempting to remove lighting at the school.

WNYC, Public Radio in NY reported that, Deputy Chancellor Kathleen Grimm told a City Council committee said, "Asbestos comes with its own special rules and containment procedures," She said it can only be removed on weekends and holidays, not evenings "because we have to actually contain the area, and make sure that we're removing it properly and disposing of it properly." It is anticipated that it will take 10 years to remove the asbestos from the schools.

Asbestos, for decades, has been linked to asbestosis, lung cancer and mesothelioma. Mesothelioma remains an incurable and fatal disease. Asbestos is one of the modern world’s most historic occupational medical disasters. Not only is it well documented, it continues not to be banned in the US.

For over 3 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 work related accidents and injuries.

Thursday, April 14, 2011

Privacy, Clients and Social Media Discussion

Social networking has become a popular topic within the workers’ comp community. In this edition of Workers’ Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking in the workers’ comp world. Alan and Jon discuss privacy and their clients, client responsibility when it comes to putting up information on social media sites and how social networking can be used as a portal to monitor clients.

Listen - Page URL: http://legaltalknetwork.com/podcasts/workers-comp-matters/2011/04/privacy-clients-and-social-media/

Listen - MP3 Link: http://legaltalkmedia.com/LTN/WCM/WCM_030911_SocialNetworking.mp3

Quebec Does the Dirty Deed - Funds Asbestos Production

After years of controversy, the Quebec government has agreed to give $7.5 million dollars to Jeffrey Mine so that they can dig up more asbestos and spread the cancer causing agent throughout the world. This repugnant and unconscionable action is nothing less than immoral.

"Reopening the Jeffrey Mine will create 425 full-time jobs in Asbestos," the minister said. Yes this will definitely a job creation bill, in the saddest way possible. It would also require massive amount of medical teams to treat asbestos victims throughout the world, as Quebec exports this poison worldwide.

It is time that asbestos was banned worldwide. Yes, the United States should show by example!

For over 3 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 asbestos related disease.

Playing the Fraud Card - The Boat Named Free Ride

In recent testimony before the US House of Representatives' Committee on Oversight and Government Reform, David C. Williams, Inspector General of the US Postal Service, reported widespread fraud in the system, and with an entourage of others, urged "significant reform" of the Federal Employees Compensation Act (FECA) Program.

He said, "The Postal Service is the largest FECA participant, paying more than $1 billion in benefits and $60 million in administrative fees annually, creating a long-term liability of $12.6 billion. As of February 2011, the Postal Service had about 15,800 disabled employees. Over 8,700 were at least age 55, about 3,100 were at least age 65, and about 900 were between age 80 and 98. "

"...Since October 2008, we have removed 476 claimants based on disability fraud, recovered $83.5 million in medical and disability judgments, and halted significant future losses. In one investigation, a fraudulent claimant received $142,000 in benefits while she was working as a real estate agent, and we had pictures of her hiking and bungee jumping. She even bought a boat named “Free Ride.” Other investigations have found fraudulent claimants working as martial arts instructors, landscapers, hairdressers and mechanics."

What is really sad is that the plot is aways the same. When the budget needs to be balance, the target unfortunately becomes those who are compromised and limited in ability to defend themselves, the injured worker. There is always a bad sailor on the ship, but there is no need to have everyone walk the plank. Agreed that the system is 95 years old and doesn't function efficiently, as is mirrored other jurisdictions. The fraud card is merely an excuse and not a remedy. Maybe it is time for a new approach entirely to help injured workers by resolving the medical delivery problems and creating a unified and universal Federal approach.

Wednesday, April 13, 2011

Wisconsin and Workers' Comp "Reform"

Guest Blog by Thomas M. Domer

Headlines screaming for “Workers’ Comp Reform” are blaring in many states (CA,FL, NY, OH, NC, and most recently IL). In Illinois, the state’s much-criticized system is under fire and legislation to totally dismantle the system is proposed. Wisconsin has thus far managed to dodge partisan efforts to scrap the system due in large part to the stabilizing effect of the Wisconsin Workers’ Comp Advisory Council. The Wisconsin Worker's Compensation Advisory Council was created in 1975 to advise the Department and legislature on policy matters concerning the development and administration of the workers' compensation law. The Council aims to maintain the overall stability of the workers' compensation system without regard to partisan changes in the legislative or executive branches of government. The Council provides a vehicle for labor and management representatives to play a direct role in recommending changes in the workers' compensation law to the legislature.

The council, composed of five labor, five management and three non-voting insurance members appointed by the secretary of the Department of Workforce Development and chaired by a department employee, meets regularly at different sites around Wisconsin. It occasionally assigns special topics to study committees on such issues as medical costs, permanent total disability rates and attorney's fees. The medical committee assigned in the mid-1990's to report on minimum permanency percentages for surgical procedures, for example, issued its findings which resulted in the schedule contained in the Administrative Code.

The Council obtains input from various workers' compensation constituents including interested members of the legal, medical, labor, management, insurance and employer communities. Public hearings on proposed changes are held, followed by Advisory Council deliberations. The Council has always produced an “agreed upon bill” which results in annual changes in benefit rates and substantive law. The bill proceeds to the Labor Committees in the Wisconsin Assembly and Senate where, after passage, the Governor signs the bill into law. (Republican Governor Scott Walker’s recent attempt to eviscerate public sector bargaining, which prompted the infamous flight to Illinois of the “Wisconsin 14” Democratic Senators, has had a “spillover” affect even on the Council. Labor members, in response to the Governor’s union-busting efforts, have boycotted the last 2 Council meetings).

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.

Workers Compensation Taxable Rules US Tax Court

Seal of the United States Tax Court. Source: h...

Image via WikipediaThe US Tax Court has ruled that workers' compensation payments are not excluded from US income tax under Section 104(a)(1) if they are paid as a Social Security Setoff Section 86(d)(3).

The majority of the states permit Social Security to take the setoff. A minority of states allow a reverse setoff where the insurance carrier takes the setoff, and the workers' compensation benefits are reduced.

“Nevertheless, … we are duty-bound to apply the law as written by Congress to the facts as they occurred and not as they might have occurred. Because [the taxpayer's] Social Security benefits were reduced by the amount of workers’ compensation benefits received, that offset amount is treated as a Social Security benefit and is, therefore, taxable,” the court said.

Source: Dolan Media Newswires

Tuesday, April 12, 2011

A New TV Sickcom - Workers Comp

Two 19 year old writers have come up with a plot for a television series about workers' compensation claimants. Robert Carradine, Charley Koontz (Community), Castille Landon and Jennifer Lee Wiggins star in the upcoming series about a family insurance company and the workers' compensation claims they are forced to manage.

The Press Release:

"Workers' Comp is a half-hour comedy about a small workers compensation insurance company whose employees are as bizarre and insane as the absurd, often fraudulent, on-the-job injury claims the carrier faces. The show centers on five main characters working at the family-owned Pinnacle Workers' Compensation Insurance Company. Inspired by real-life incidents, the show offers viewers an unusual vantage point, giving them insight into the who's-scamming-who? dynamic between insurance companies and claimants. Zoe Arendes is the twenty-year-old daughter of wacky company owner, Joan. Though Joan has several other endeavors, which consume her time, she refuses to validate Zoe by handing over the reins of the company. Kevin Andrews, the firm's defense attorney, has no regard for Zoe's insistence on professionalism in the workplace. Lonny, who joined the staff after suffering his own on-the-job injury, is an inappropriate oaf. Rounding out the primary staff is Lynn, a manipulative adjuster who manages to convince claimants of her devotion to them, only to catch them at their most vulnerable point and drive them to settle their claim for as little as possible, regardless of their personal circumstances. As we follow this controversial team through hilarious story lines, we see the complicated dealings of a small business and the individuals who make it all work."

Copyright

Tuesday, April 26, 2011

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For over 3 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 work related accidents and injuries.

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