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

Friday, December 2, 2011

Penalties for Insurance Companies Who Fail to Pay Enough for Medical Care

The quality of medical care for workers' compensation beneficiaries has always been a major issue. Injured workers just don't want to go to an employer selected physician.They want to go to a doctor who provides good quality medical care and one they have confidence in. It makes good medical sense. While one concept to adjust the issue is to compel insurance carriers to pay for outcome driven results. If the doctor cures you, then the doctor should be paid in full for the reasonable value of his or her services. If the opposite, well then maybe the doctor should get paid less.

Another approach, enacted by the federal government is to compel insurance carriers to pay a certain percentage of premiums collected for medical care, instead of paying large sums for administration expenses. That could be applied to workers' compensation carriers. Instead of paying 80% of the premium to fight the claim, workers' compensation insurance companies should be compelled to pay 80% to cure the medical condition.

Read more about this concept:
HHS Unveils Medical Loss Ratio Rule (Kaiser Health Breaking News)
"The Department of Health and Human Services today released its final medical loss ratio rule. According to an HHS press release, the rule will ensure that health insurance companies spend at least 80 percent of consumers' health insurance premiums on medical care rather than on income, overhead and marketing expenses. "If your insurance company doesn't spend enough of your premium dollars on medical care or quality improvement this year, they'll have to give you rebates next year," said CMS Acting Administrator Marilyn Tavenner, in the release . "This will bring costs down and give insurance companies the incentive to focus on what matters for patients – high quality health care."
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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 occupational accidents and illnesses.

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Winners - Safe Workplaces for Everyone photo contest




Aaron Sussell, Cincinatti Ohio 
1st Place Winner of the Public Contest
"This is a great captured moment that tells the story of workplace safety. These men are perfectly covered up in hats to protect themselves from the sun. They are using proper tools and protecting themselves with gloves and foot coverings." 
-- Kathleen Klech, Photography Director, Condé Nast Traveler Magazine and Photo Contest Judge


In celebration of its 40th anniversary, OSHA held the Picture It!: Safe Workplaces for Everyone photo contest. The contest challenged anyone with a passion for photography to capture an image of workplace safety and health and share it with OSHA. In response, OSHA received more than 300 submissions portraying a wide range of industries and activities.


At the same time, OSHA held a second contest challenging OSHA staff to submit their images of workplace safety and health. 

More than 50 submissions were received for this internal contest.

Winners were selected by an expert panel of judges that included Earl Dotter, photojournalist; Carl Fillichio, the Department of Labor’s Senior Advisor for Communications and Public Affairs; Kathleen Klech, photography director for Condé Nast Traveler magazine; and Shawn Moore, the chief photographer for the Department of Labor. OSHA extends its thanks to these judges for their generosity and their critical expertise.

Roberto Carlos Vergara, Charlotte, North Carolina 
2nd Place Winner of the Public Contest

Roberto Rodriguez, Mesquite, Texas
3rd Place Winner of the Public Contest

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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 occupational accidents and illnesses.

Thursday, December 1, 2011

The Toxic Legacy of Raybestos-Manhattan Continues

The epic toxic legacy of asbestos brake manufacturer, Raybestos-Manhattan Inc., a/k/a Manhattan Rubber and Raymark, continues as waste from its former plants plagues present communities. Raybestos had several production plants in the US including Connecticut, South Carolina and Passaic, New Jersey.

Asbestos, labeled the "miracle mineral," was a known carcinogen and linked to: asbestosis, lung cancer and mesothelioma, a rare and fatal cancer. The company with knowledge of that information, as revealed in the famous "Sumner Simpson papers," ignored the available science and continued to manufacturer asbestos products including: bowling balls, radiator hoses and brake linings, as well as other products.

While the Raybestos is no longer producing asbestos products, the plants sites continue to be a problem to the communities as a toxic legacy continues.

Read the article Citizen group pushing for new way to detoxify Raymark wastemctpost.com

"STRATFORD -- A network of residents concerned about toxic waste in town is pushing the EPA to study and determine whether a relatively new technology that neutralizes asbestos can be used to detoxify dump sites in the city....." read more 

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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 occupational accidents and illnesses.

Wednesday, November 30, 2011

Temporary Holiday Workers Face Hazards of the Season

This holiday season, more than in the past, there will be a serious challenge to workers who are taking on temporary jobs. As the economy continues to be in the ditch, more people are being hired for jobs for which they are untrained and unfamiliar. Injuries will result.

Temporary employees who are injured at work are not accustomed to the procedural requirements to give their employers notice of the injury, and the correct manner and method to seek approved medical treatment. Additionally benefits paid to seasonal workers are notoriously low and paid sporadically so the computation of rate benefits becomes an issue.

See Eve Tahmincioglu's article, Tough economy makes holiday jobs a gift for many (msnbc.msn.com)

"In 2008, Andrew Sullivan lost his job as a sales and customer service supervisor for a telecommunications company and decided to take a temporary seasonal gig as a driver for UPS because he couldn’t find work in his field....." read more
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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 occupational accidents and illnesses.

Tuesday, November 29, 2011

Cell Phones Usage For Commercial Interstate Drivers to be Banned

The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers' compensation claims by employees as well as liability lawsuits against employers directly.

Read the proposed Federal Rule: Final Rule: Drivers of CMVs: Restricting the Use of Cellular Phones

"FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs. The Agencies also amend their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver’s license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones." read more...

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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 occupational accidents and illnesses.

Changing the Fundamental Rules of Workers Compensation

The elimination of the principle of "no fault" from the workers' compensation system is the conclusion of study commission by Britain's Department of Work and Pensions. The report, to be released this week, is significant because the US system was modeled after the program adopted in Europe.

Read the article, "Workers 'should not be able to sue for accidents if it's their fault' (dailymail.co.uk)

"Employees would lose the right to sue when they are are injured at work because of their own mistakes, under new health and safety reforms."
"In a review published next week there are calls for a 'rebalancing' of safety laws and a dramatic reduction in the number of rules in the workplace......" read more

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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 occupational accidents and illnesses.

Monday, November 28, 2011

Fallout From The Failure of Super Committee May Cascade Into Workers Compensation Medical Delivery

USA Today Poll

The failure the Congressional Super Committee to reach an agreement on debit reform may result in a major readjustment of the Medicare premium system. That change, will possibly be a merger of the two ends of the political spectrum and result in a Newt Gingrich type privatization of the funding of medical delivery. 



Similarly, and consistent with the Gingrich plan, the soaring medical costs of workers' compensation will need to be addressed. Lacking a more creative innovation from the workers' compensation arena, the changes may result in the peeling off of medical benefits from the workers' compensation menu and making it an a la carte item with deductibles as side dishes.

Read the article  Support Builds for a Plan to Rein In Medicare Costs by Robert Pear (nytimes.com)


"WASHINGTON — Though it reached no agreement, the special Congressional committee on deficit reduction built a case for major structural changes in Medicare that would limit the government’s open-ended financial commitment to the program, lawmakers and health policy experts say."

Friday, November 25, 2011

Asbestos, Railroads and The US Supreme Court


For decades railroad equipment, including engines, were heavily insulated with asbestos fiber, a known carcinogen and causally related to mesothelioma, a rare and fatal cancer. Many lawsuits have been filed by victims and their families to recover benefits against the suppliers, manufacturers and distributors of asbestos fiber. This month, The US Supreme Court heard oral argument to determine whether state laws were preempted under Federal law and that state laws were not applicable in judging the lawsuits.



The initial claims for asbestos related diseases were filed as workers' compensation claims in the United States. Soon it was revealed that the suppliers, distributors and health research (trade) organizations were concealing information to the workers as to the deadly dangers of asbestos fiber. As asbestos related disease, including mesothelioma, became epidemic, tens of thousands of civil claims were filed.


As a result of the long latency period from exposure to asbestos fiber to disease manifestation, the claims continue to be filed on behalf of former workers and their estates. While the exposures are usually multi-faceted, the issue regarding which law will cover railroad claims remains unresolved.


Gloria Gail Kurns, Executrix of the Estate of George M. Corson, Deceased, et al., Petitioners v. Railroad Friction Products Corporation, No. 10-879.

US Supreme Court Opinion



SCOTUSblog Coverage

Briefs and Documents

Merits Briefs for Petitioners
Amicus Briefs in Support of the Petitioners
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
Certiorari-stage Documents
The supplemental briefs in this case make reference to the Solicitor General's brief in Crane v. Atwell, which is available here.    

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 occupational accidents and illnesses.


Related articles

OSHA fines Paterson, NJ, company $126,000 for failing to guard machines and exposing workers to fall and electrical hazards

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Supply Plus NJ Inc. of Paterson, NJ,  with one willful, 25 serious and two other-than-serious safety violations in response to a complaint alleging imminent danger for failing to guard machines and exposing workers to fall and electrical hazards at the company's Paterson facility. Proposed penalties total $126,000.

A May inspection revealed one willful violation, with a $42,000 penalty, for failing to provide machine guarding. A willful violation is one committed with intentional knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health.

The serious violations, with $84,000 in penalties, include failing to keep work areas and passageways free of litter; provide guardrail protection, guard machines and electrical boxes; provide an eyewash station; provide personal protective equipment for workers handling chemicals; provide industrial truck and hazardous communication training; ensure exit routes were unobstructed and visibly marked; make sure exit doors could open properly; cover electrical panel boards supplying power for equipment and lighting; properly use flexible cords; implement a lockout/tagout program for energy sources to prevent machines from accidentally starting up during servicing and maintenance; perform workplace hazards assessment and develop a written hazardous communication program. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

The other-than-serious violations, which carry no penalty, are due to record-keeping violations. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.

"Each of these violations left workers vulnerable to hazards that could cause serious injuries or quite possibly death," said Lisa Levy, OSHA's area director in Hasbrouck Heights. "It's vital that Supply Plus correct these hazards to protect its workers."

The citations can be viewed at http://www.osha.gov/ooc/citations/SupplyPlusNJInc._314678012_and_314678376_1117_11.pdf*.

Supply Plus, a sponge processing company employing about 40 workers at its Paterson location, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA's area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Hasbrouck Heights office at 201-288-1700.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.