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

Thursday, April 19, 2012

Worker Fatality in Moorestown NJ Leads to OSHA Citation

The U.S. Department of Labor's Occupational Safety and Health Administration has cited American Biltrite Inc. for one repeat and nine serious safety and health violations at its Moorestown facility. An OSHA investigation was initiated in November 2011 following the death of a worker who was crushed in a coating machine while attempting to clear a jam. The company failed to use energy control, or "lockout/tagout," procedures prior to allowing the employee to enter the machine's danger area.

The serious violations include failing to provide a lockout/tagout program for the energy sources of equipment, provide appropriate working space around electrical equipment, provide an eyewash station, ensure that proper equipment guards were in place to prevent workers from coming into contact with moving parts, ensure the proper use of flexible cords, take adequate precautions to prevent the ignition of flammable vapors and require employees to wear goggles when handling corrosive chemicals. 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 repeat violation is permitting Class I flammable liquids to be dispensed into containers without the nozzle and the container being electrically connected, which creates the potential for ignition. The company was cited for the same violation in 2010. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

"This company continues to compromise the safety of its workers by disregarding OSHA's safety and health standards," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "Employers are responsible for ensuring safe and healthful workplaces, and will be held legally accountable when they fail to do so."

Wellesley Hills, Mass.-based American Biltrite Inc. manufactures and distributes commercial flooring and performance sheet rubber throughout America, and employs 130 workers at the Moorestown site. Proposed penalties total $51,300.

The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

Wednesday, April 18, 2012

New OSHA directive explains communications with victims' families following a workplace fatality

A new Occupational Safety and Health Administration directive guides OSHA representatives in communicating investigation procedures with family members following a workplace fatality. The guidance ensures that OSHA representatives speak to the victim's family early in the inspection process, establish a point of contact, and maintain a working relationship with the family.

"OSHA is committed to working with families to explain the circumstances surrounding the deaths of their loved ones," said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. "This directive ensures that OSHA receives the necessary information from the family to assist in the investigation, and keeps the family informed throughout the investigation and settlement processes."

Under the new directive, OSHA representatives will contact the victim's family to explain the investigation process, timeline, and provide the family with updates throughout the investigation. Once the investigation is closed, OSHA will explain findings to the family and address any questions. If an employer has been issued citations, OSHA will provide a copy of the citation(s) to the family.

More information about the new directive is available on OSHA's directive page (PDF*). Employers must notify OSHA within eight hours of a workplace fatality, including fatal heart attacks that occur at work. These reports may be made by telephone or in person to the nearest area office or by calling OSHA's toll-free number, 1-800-321-OSHA [6742].

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 assure 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.

Saturday, April 14, 2012

Maine Passes Laws Restricting Workers Compensation Benefits

The The Bangor Daily reports that the State of Maine is in the process of legislatively restricting workers ' compensation benefits. The law overhaul's the system with the following changes:

The main elements of the program overhaul include:
• Altered eligibility requirements and the creation of a 10-year cap for employees who are permanently impaired with partial incapacity.

• The elimination of a requirement that employers must continue paying benefits during an appeal.

• A new appeals divisions with authority to create rules of procedure.

• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.

• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.

Friday, April 13, 2012

Facebook Creating Even A Greater Problem in Comp Claims

Česky: Logo Facebooku English: Facebook logo E... (Photo credit: Wikipedia)
Facebook's new announcement today creates even a greater problem for workers' compensation claimants. Providing even greater historical information about an unsophisticated  Facebook user puts even more information, out of context, into the hands of the employer during litigation which can be detrimental to a claim.

See Facebook Privacy Blog

"Starting today, you will be able to download an expanded archive of your Facebook account history. First introduced in 2010, Download Your Information lets you get a copy of what you've shared on Facebook, such as photos, posts, messages, a list of friends and chat conversations. Now you can access additional categories of information, including previous names, friend requests you've made and IP addresses you logged in from. This feature will be rolling out gradually to all users and more categories of information will be available for download in the future. Download Your Information is available from your Facebook Account Settings."

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Thursday, April 12, 2012

Tobacco Industry Argues Against New Cigarette Warnings

Big Tobacco continues to argue against the Federal requirement of new dramatic warnings of cigarette packs. Tobacco is the a leading contributing cause for death in the workplace.

Click here to read more from Jurist blog....

"A panel of judges for the US Court of Appeals for the District of Columbia Circuit [official website] heard oral arguments on Tuesday over the constitutionality of newFood and Drug Administration (FDA) [official website] regulations [text] requiring cigarette packaging and advertisements to display more prominent graphic health warning labels [materials]. A federal judge issued a permanent injunction [JURIST report] last month prohibiting the warnings as unconstitutional. The new requirements of graphic image and textual warning labels were imposed by the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text].



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Washington Workers' Advisor Blog Launched



A new blog, Washington Workers' Advisor, has been launched to provide information about law, policy and safety in the workplace. Jay Causey, of the Causey Law Firm said, that the "blog will apply decades of legal experience and expertise to keep the reader informed about trends and developments in workers' compensation law, social security disability, maritime claims, and other legal issues important to working people."

Attorney Jay Causey has practiced for over 30 years in the area of workers' compensation and disability law, including Washington State workers' compensation claims, Social Security Disability cases, Longshore and Harbor workers' Act cases, Defense Base Act claims, and maritime injury. The Causey Law Firm, located in Seattle, Washington, is a nationally recognized firm serving clients in Washington State. It exclusively represents individuals who have been injured or have become disabled.


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Wednesday, April 11, 2012

GAO Releases Report on Medicare Secondary Recovery Procedures

The US Government Accounting Office has released a report concerning the efficiency of the Medicare Secondary Recovery process.


Identified Issues:

  • Contractor performance. Challenges related to the timeliness of the MSPRC and WCRC were identified, including significant increases in the time required to complete important tasks. CMS reported taking steps to address the challenges with each of these contractors’ performance.
  • Demand and recovery issues. Challenges were identified related to the timing of demand amounts, the cost-effectiveness of recovery efforts, and the amounts of Medicare demands from liability settlements. CMS reported taking steps to address some, but not all, of these challenges.
  • Mandatory reporting. Key challenges were identified with certain aspects of mandatory reporting: determining whether individuals are Medicare beneficiaries, supplying diagnostic codes related to individuals’ injuries, and reporting all liability settlement amounts. CMS reported taking steps to address some, but not all, of these challenges.
  • CMS guidance and communication. Key challenges were identified related to CMS guidance and communication about the MSP process, guidance on Medicare set-aside arrangements, and beneficiary rights and responsibilities. CMS has taken few steps to address these challenges.

"To improve the MSP program, GAO is making recommendations to improve the cost-effectiveness of recovery, decrease the reporting burden for NGHPs, and improve communications with NGHP stakeholders. CMS agreed with these recommendations."

Company Faces Fine for Failing to Inform Residents about the Presence of Lead-based Paint and its Dangers

Lead paint at worksites remains a clear and present danger to workers. The U.S. Environmental Protection Agency has issued a complaint against CRM Rental Management, Inc. of Rome, N.Y. for not informing residents of its buildings about potential lead-based paint in their apartments. 


It is estimated that three-quarters of U.S. residential dwellings built before 1978 contain some lead-based paint. Infants and young children are especially vulnerable to lead-based paint exposure, which can cause IQ deficiencies, reading and learning disabilities, impaired hearing, reduced attention spans, hyperactivity and behavioral problems. CRM Rental Management faces over $140,000 in potential fines for 43 instances in which the company failed to properly inform residents of four buildings in New Hartford and Rome, New York about the potential presence of lead-based paint. 

“Lead paint is a serious threat to children’s health and disclosure can arm families with information they need to protect their kids,” said Judith A. Enck, EPA Regional Administrator. "Rental agents, property managers and building owners are required to follow EPA lead paint disclosure requirements and make sure people are aware of potential lead hazards in homes.”

Lead poisoning remains one of the most prevalent threats to children's well-being but it is also one of the most preventable. Under federal law, families have the right to know whether there are any potential lead-paint hazards in a prospective home, and must be informed about the harm lead can inflict on small children. Pregnant women and children younger than age six are among the most vulnerable to adverse health risks from lead-based paint.

EPA regulations require real estate management companies and property owners that sell or rent housing built before 1978 to provide renters or buyers with a form that contains a warning about the dangers of lead-based paint and discloses information about its presence. People renting or buying an apartment or home must verify that they received the required warning and disclosure information, including the EPA pamphlet, Protect Your Family from Lead in Your Home.Prospective purchasers have a 10-day opportunity to assess the property for risks for the presence of lead-based paint.

The complaint against CRM Rental Management alleges that the company failed to provide residents with lead-based paint warning and disclosure statements, making them aware of records or reports that would alert them to potential lead-based paint hazards, and secure required signatures verifying that the required information was received.

In collaboration with the U.S. Department of Housing and Urban Development and the Centers for Disease Control, EPA operates the National Lead Information Center, including a toll-free hotline that can be reached at 1-800-424-LEAD (5323).

For more information on lead and the risks posed by lead paint, visit: http://www.epa.gov/lead.
.....

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Federal RICO Claim Not Preempted by a State Workers Compensation Act

The US 6th Circuit Court of Appeals, in a landmark case of widespread significance,  has held that a State may not preempt a Federal cause of action under the RICO [Racketeer Influenced and Corrupt Organizations Act] statute by asserting that workers' compensation claims are exclusive to State jurisdiction. In long and convoluted history, workers in Michigan have asserted that their employer and its workers' compensation carrier, Crawford & Company, and its experts, ie. "cut off doctor," sought to conspire to defeat their pending claims, "property interest," for benefits under the Michigan state workers' compensation act.


Click here to read: Brown et al. v. Cassens Transport Co. et al., 6th Cir Ct of Appeals,http://www.ca6.uscourts.gov/opinions.pdf/12a0095p-06.pdf Decided, April 6, 2012 (Michigan).

"The flaw with the defendants’ argument is that the predicate offense for the RICO action is mail fraud, not the denial of worker’s compensation. “The gravamen of [a] RICO cause of action is not the violation of state law, but rather certain conduct, illegal under state law, which, when combined with an impact on commerce, constitutes a violation of federal law. Therefore, it is not alleged that [the defendants are] subject to ‘liability under’ the [state law]; their liability . . . stems from RICO.” Williams v. Stone, 109 F.3d 890, 895 (3d Cir.), cert. denied, 522 U.S. 956 (1997). The district court here erred when it stated that this case does not “involve[] a separate and independent tort (theft or conversion or some similar claim)” because the plaintiffs “cannot disentangle their RICO claim from their underlying claim for benefits.” 743 F. Supp. 2d at 666, 668."


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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 accident and injuries.

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Tuesday, April 10, 2012

April is Distracted Driving Awareness Month

April is National Distracted Driving Awareness Month, and from Virginia to California, the traffic safety community has a simple message for drivers: One Text or Call could Wreck it All.


Workers' Compensation Court will be challenged to deal with injuries caused by distracted driving especially as employers come on board and ban their use while driving and Federal Regulations prohibit such use.

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Trending: Opting-Out of Workers' Compensation

Opting-out of workers' compensation coverage is now a significant national trend. The opt outs are  both through a legitimate elective process and a de-facto scheme.

The opt-out process arose through a  legislative process over a decade ago when Massachusetts legislation permitted the option to elect out of the mandatory workers' compensation system. Since then it has grown through both legitimate and illegitimate expansion. Some legislators have proposed that religious organizations should now be permitted to not obtain coverage.

In March the expanding trend to opt-out of the workers' compensation system took a major leap as large employers began to leave the system and offer less benefits to injured workers. Walmart, one of the largest employers in Texas has made the election to leave the system. Within the last two years other large employers have exited the system, including Target, seeking to reduce costs through a private non-workers' compensation plan.

Some states have reported increasingly high rates of uninsured workers. The enforcement and collection activities, are unfortunately both time consuming and expensive and are usually conducted after the fact.

A de-facto opt-out process is also occurring nationally through a process of misclassification of workers. Employees are designated by employers as independent contractors and consultants to avoid mandatory coverage and taxes. In North Carolina  it has been reported that 30,000 business do not have mandatory workers' compensation coverage. The system attempts to avoid the tedious and time consuming process to seek workers' compensation benefits, and instead employees seek benefits from alternative sources including major medical plans, Medicare and social security. Temporary disability plans and major medical plans act as coverage for loss time and treatment. Employee are willing to fore go permanent disability inorder to get certain and immediate medical care and lost time benefits. Many employees have no idea that workers' compensation pays for permanent disability. The aging workforce assumes that Social Security Disability is a more user-friendly system to navigate.

The growing trend of opting out of the workers' compensation system is of concern to all. Why this is occurring in a system that was designed to protect both the worker and the employer needs to be identified and addressed.

Friday, April 6, 2012

Heart Disease Linked to Asbestos Exposure

The occupational exposure to asbestos fiber has now been linked to fatal heart disease. A recent report associates asbestos exposure at work to a higher risk of dying from cardiovascular disease.

Cardiovascular disease mortality among British asbestos workers (1971–2005)
Anne-Helen Harding,  Andrew Darnton,  John Osman, Occup Environ Med oemed-2011-100313 Published Online First: 2 April 2012doi:10.1136/oemed-2011-100313

"Objectives Asbestos is an inflammatory agent, and there is evidence that inflammatory processes are involved in the development of cardiovascular disease. Whether asbestos is a risk factor for cardiovascular disease has not been established. The objective of this study was to investigate cardiovascular disease mortality in a large cohort of workers occupationally exposed to asbestos.

"Methods Cardiovascular disease mortality in a cohort of 98 912 asbestos workers, with median follow-up of 19 years, was analysed. Unadjusted and smoking-adjusted standardised mortality ratios (SMRs) were calculated. The association between indicators of asbestosexposure and mortality was analysed with Poisson regression models, for deaths occurring during the period 1971–2005.

"Results Altogether 15 557 deaths from all causes, 1053 deaths from cerebrovascular disease and 4185 deaths from ischaemic heart disease (IHD) occurred during follow-up. There was statistically significant excess mortality from cerebrovascular disease (SMR: men 1.63, women 2.04) and IHD (SMR: men 1.39, women 1.89). Job and birth cohort were associated with the risk of cerebrovascular and IHD mortality in the Poisson regression model including sex, age, smoking status, job, cohort and duration of exposure. For IHD only, duration of exposure was also statistically significant in this model.

"Conclusions Cerebrovascular and IHD mortality was significantly higher among theseasbestos workers than in the general population and within the cohort mortality was associated with indicators of asbestos exposure. These findings provide some evidence that occupational exposure to asbestos was associated with cardiovascular disease mortality in this group of workers.

.....
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 accident and injuries.


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Wednesday, April 4, 2012

The Great Asbestos Trial - The Call For More Criminal Prosecutions

Documentary Film Highlights the Global Health and Environmental Crisis of Asbestos; Call for Further Criminal Prosecutions

Anti-asbestos campaigners have urged more criminal prosecutions against the global directors of asbestos corporations following the recent conviction of European industrialists Stephen Schmidheiny and Baron Cartier de Marchienne in Italy. The call was made this weekend at the 8th Annual International Asbestos Awareness Conference put on by the Asbestos Disease Awareness Organization (ADAO) and attended by activists from around the world.

ADAO has organized a special screening of the documentary film, Dust: The Great Asbestos Trial. The screening, made possible with the help of the USC School of Cinematic Arts, will take place Wednesday, April 4th at 7 pm at the Ray Stark Theatre at the University of Southern California (USC) in Los Angeles, CA. Directed by Niccoló Bruna and Andrea Prandstaller, the film tells the story of the groundbreaking Eternit trial in Italy, in which Schmidheiny and Cartier de Marchienne were sentenced to prison for having caused the deaths of over 1,000 asbestos victims.

“ADAO is delighted to present this daring and groundbreaking documentary at USC to bring attention to both the superb film and the global issue of asbestos, which has caused the largest manmade occupational and environmental disaster in history,” commented Linda Reinstein, President/CEO, ADAO. ”Other countries should follow Italy’s example and prosecute these people, who have knowingly exposed tens of thousands of people to lethal doses of a product they know kills.”

Following the screening will be a panel discussion hosted by ADAO that includes Dr. Michael Renov (Professor of Critical Studies and SCA Vice Dean, Academic Affairs), Niccoló Bruna (“Dust” Director), and Linda Reinstein (President/CEO, ADAO).

“Dust: The Great Asbestos Trial is a very accomplished film on a tough topic. I have seen many films on comparable topics but rarely have I seen such a broad and complex topic or such diverse locations and characters handled with such grace and concision,” comments Michael Renov, author of Theorizing Documentary (1993) and The Subject of Documentary (2004) and professor at the University of Southern California.

Asbestos is a known human carcinogen and exposure can cause mesothelioma and lung, gastrointestinal, laryngeal, and ovarian cancers, as well as non-malignant lung and pleural disorders. The World Health Organization estimates that 107,000 workers around the world will die each year of an asbestos-related disease, equaling 300 deaths per day.

Film info and trailer: http://www.graffitimultimedia.it/GraffitiDoc/Scheda.aspx?ID=5

Campaign website: http://asbestosinthedock.ning.com/

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Thursday, March 29, 2012

Zadroga Benefits Proposed By NIOSH for Some Cancers

A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, colon, liver, skin, lungs, kidneys and others.


See March 22, 2012 Master DRAFT for WTC STAC Committee Review
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Tuesday, March 27, 2012

Cell Phone Hearing Use Results in $1.2 Million in Compensation Benefits

The use of a Blackberry cellphone that reportedly caused tinnitus has resulted in the payment of $1.2 Million in workers' compensation benefits

Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning signs of an auditory abnormality."

Tinnitus describes a condition of "ringing in the ears." Individuals often describe the sound as a hum, buzz, roar, ring, or whistle. The predominant cause of tinnitus is long-term exposure to high sound levels, though it can also be caused by short-term exposure to very high sound levels, such as gunshots. Non-acoustic events, such as a blow to the head, dietary issues, stress, jaw joint disorders, debris on the eardrum, or prolonged use of aspirin may also cause tinnitus.The inner ear or neural system produces the actual sound.

Exposure to excessive noise in the workplace has been recognized as a major health hazard, one that can impair not only a person's hearing, but also his physical and mental well-being. workplace first affects the ability to hear high-frequency or high-pitched sounds.  Workers suffering from noise-induced hearing loss may also experience continual ringing in the ears, called "tinnitus".  In addition, workers who are exposed to noise sometimes complain of nervousness, sleeplessness and fatigue.

Other cases have also been reported for workers' compensation benefits as a result of the use of a telephone. An injured worker was employed at New Jersey Manufacturers Insurance Company for approximately six years as a customer service representative who spoke with customers on the telephone.  A pre-employment physical, which included a hearing test, demonstrates no hearing difficulties or other medical issues.  During the course of her employment, renovations were conducted at the employer's office and she testified that she heard loud drilling and that her desk vibrated and she had difficulty hearing customers on the telephone.  While medical evaluations reflected no statutory hearing loss pursuant to the form of the occupational Hearing Loss Act, the expert physician did recognize a 5% loss due to tinnitus.  The trial judge concluded that the tinnitus disability was significant and distracted from the former efficiency of her ears and distracted from her ordinary pursuits of life.  The reviewing Court held that tinnitus and supported by the appropriate proofs was a permanent partial disability and was compensable irrespective of whether the employee also suffers a hearing loss compensable under the OHLA.  Schorpp-Replogle v. New Jersey Manufacturers Insurance Company, 395 N.J.Super. 277, 928 A.2d 885 (App.  Div. 2007).
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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Monday, March 26, 2012

Congress to Hold Hearings on Toxic Cosmetics

The Subcommittee on Health has scheduled a hearing on Tuesday, March 27, 2012, at 10:15 a.m. in room 2322 of the Rayburn House Office Building. The title of the hearing is “Examining the Current State of Cosmetics.” The hearings follow disclosure that various hair products contain formaldehyde, a carcinogen, and that some lipstick contains lead, a neurotoxic substance.

Witness List:
Panel One:

Michael M. Landa, J.D.
Director
Center for Food Safety and Applied Nutrition (CFSAN)
U.S. Food and Drug Administration
Witness Testimony (Truth in Testimony)

Panel Two:
Halyna Breslawec, Ph.D.
Chief Scientist and Executive Vice President for Science
The Personal Care Products Council
Witness Testimony (Truth in Testimony)

Peter Barton Hutt, J.D.
Senior Counsel
Covington and Burling, LLP
Witness Testimony (Truth in Testimony)

Ms. Curran Dandurand
Co-Founder and Chief Executive Officer
Jack Black Skincare
Witness Testimony (Truth in Testimony)

Ms. Debbie May
President and Chief Executive Officer
Wholesale Supplies Plus
Witness Testimony

Michael J. DiBartolomeis, Ph.D, CIH
Chief Occupational Lead
Poisoning Prevention Program & California
Safe Cosmetics Program
California Department of Public Health

Saturday, March 24, 2012

Federal Appeals Court Allows Case to Go Forward Against Zurich For Obstruction Of Workers Compensation Claim

The Federal 8th Circuit Court of Appeals has ruled that an employee may be permitted to go forward against an employer and its workers' compensation insurer, Zurich American Insurance Company for the intentional obstruction of a claim. The insurance company, despite conflicting statements, denied the compensability of a claim. 


The Court stated:
"From the  outset of Nunn’s  workers’  compensation  case,  Zurich’s  claims representative Tara Draves-Blandin and its attorneys Kristin B. Maland and Patrick T. Grove understood that if Gibson called the meeting for business purposes, Nunn’s claim was compensable."
***

"Viewing the facts most favorably to Nunn, there are genuine issues of material fact whether Noodles intentionally obstructed her receipt of workers’ compensation benefits through Gibson’s fabrications and its 17-month delay in payment."



Nunn v Noodles & Company; Zurich American Insurance Company, No. 11-1531 (8th Cir Ct 2012) Decided March 22, 2012 __F.3d__, 2012 WL 952759 (C.A.8 Minn.)

Wednesday, March 21, 2012

Employer Assessed $14,947 Counsel Fee For Wrongful Termination

A NJ administrative court awarded back pay to a wrongfully terminated employee and counsel fees to his lawyer as a result of being terminated by his employer for filing a workers' compensation claim. 

"Based upon the applicable law, I CONCLUDE that the uncontested facts as set forth by petitioner establish a prima facie case of retaliation pursuant to N.J.S.A. 34:15-39.1 because they show that Hatley 1) made a claim for Workers' Compensation and 2) he was discharged in retaliation for making that claim. Morris v. Siemens, 928 F. Supp. 486, 493 (D.N.J. 1996), reargument denied, 938 F. Supp. 277 (1996). The employer did not come forward with any legitimate business reason for firing him so it may be inferred and I CONCLUDE, from the circumstances in this case that the two events were causally connected, Hatley's claim was the cause of his discharge.

****

"Accordingly, it is ORDERED that respondent Perfection Contracting, Inc. pay petitioner Hatley back wages in the amount of $26,356.72 because it wrongfully discharged petitioner from his position in violation of N.J.S.A. 34:15-39.1.

IT IS FURTHER ORDERED that respondent Perfection Contracting, Inc. shall also pay legal fees to the law firm of Lawrie, Cozier and Vivenzio in the amount of $14,947.50 incurred by the petitioner as a result of respondent's wrongful termination and statutory violations.

Hatley v Perfection Contracting, Inc., 2012 WL 918966 (N.J. Adm.) Decided March 5, 2012.

US Supreme Court Hears Arguments on The Entitlement of Children's Benefits

The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a biological parent is eligible for survivor benefits under Title II of the Social Security Act [42 USC § 401 et seq.].

Justica report on Circuit Court Split: 
"The US Court of Appeals for the Third Circuit ruled [opinion] that the Social Security Act must provide for claimants' children who were born after their death. Attorney for the Commissioner of Social Security appealed, arguing that the court must defer to state intestacy law, regardless of whether the Social Security Act's definition of child is ambiguous.

Health Benefits, US Supreme Court and Workers Compensation

U.S. Supreme Court building.U.S. Supreme Court building.
(Photo credit: Wikipedia)

On Monday, the US Supreme Court will hear oral arguments concerning the validity of the 2010 Patient Protection and Affordable Care Act. Whatever the US Supreme Court decides in the pending matters, the nation's patchwork of workers' compensation systems will ultimately feel the impact. The implementation of the Act will ultimately have far reaching consequences of the overall operation of both the delivery of workers' compensation medical benefits and the ultimate assessment/apportionment of permanent disability.

Workers' Compensation systems have been struggling with the delivery of medical benefits. As more cases are denied initial compensability determinations, and alterate medical care is sought for the prevention, identification and treatment of underlying, co-existing and pre-existing medical conditions will be even more significant issues  in workers' compensation matters.

Thompson-Reuters News & Insight identifies some of the issues the US Supreme Court will consider:


"* Adult children remaining on their parents' insurance coverage through the age of 26.

* An end to lifetime limits on the dollar value of benefits available to people with serious medical conditions that can lead to astronomical treatment costs.

* Preventive healthcare benefits including free coverage for mammograms and birth control.

* For Medicare beneficiaries stuck in the prescription drug benefit coverage gap known as the "doughnut hole," a 50 percent discount on covered brand name drugs and 14 percent savings on generic drugs.

* A requirement that insurance companies justify unreasonably large healthcare premium increases.

* Tax credits for small employers with no more than 25 employees and average annual wages of less than $50,000 that provide health insurance for employees.

* Temporary insurance coverage programs for retirees who are over age 55 but not eligible for Medicare.

* Temporary insurance coverage for individuals with pre-existing medical conditions who have been uninsured for at least six months.

* A requirement that health plans report the proportion of premium dollars spent on clinical services, quality, and other costs, and provide rebates to consumers if the share of the premium spent on clinical services and quality is less than 85 percent in the large group market and 80 percent in the individual and small group markets.

National Federation of Independent Business v. Sebelius, No. 11-393; U.S. Department of Health and Human Services v. Florida, No. 11-398; and Florida v. Department of Health and Human Services, No. 11-400

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