Colorado Exchange Releases Health Insurance Rates

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

Colorado released its Obamacare insurance rates on Friday, joining 13 states and the District of Columbia in making rates public.

The state earlier made the call to be a clearinghouse exchange, rather than an active purchaser, and so, it has approved all 242 health plans submitted for sale on its marketplace, Connect for Health Colorado.  Thirteen carriers will offer 150 plans in the individual marketplace, and 92 for small businesses. The plans go on sale Oct. 1 for coverage that starts Jan. 1. Colorado also approved 299 plans for sale outside its exchange and prices for them.

“We’re very pleased with the number of carriers and plans,” Deputy Insurance Commissioner Peg Brown told the Connect for Health board Monday. “It represents a wide variety of choice … and healthy competition in the Colorado insurance marketplace overall,” Brown said.

Members of the exchange board greeted Brown’s announcement with applause but did not comment further.

The rates came out  more than two weeks later than the state’s Division of Insurance had initially promised.

So where do the Colorado rates fall in the ongoing debate about whether prices on the exchanges are reasonable? It might be the rare “just right” state.

Prices range from $135 a month on the low end to almost $1,000 a month for the most comprehensive coverage with some variation depending on a person’s age, where they live and whether they use...

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Ronald L. Motley 1944 - 2013

With deep sadness we share the news of the passing of Ronald L. Motley.

"It is with the deepest sadness and most profound grief that I must share with you the news that our friend, colleague, mentor, partner and co-founder of Motley Rice, Ron Motley, has passed away.

"Like many of you, I started my career learning from Ron the ins and outs of fighting the asbestos industry. It was because of Ron’s passion, tenacity, intelligence and persistence that he was able to secure the first victory in favor of a plaintiff against an industry that had knowingly put people’s health in jeopardy for decades. That victory would be just one in the beginning of a respected law career that allowed him to be a pioneer for justice and warrior for social accountability.

"Ron’s passing is an incalculable loss for all those he devoted his life’s work to, whether it was people sick from asbestos poisoning, State Attorneys General taking on Big Tobacco, 9/11 family members seeking to bankrupt terrorism, or anyone else who wanted his or her day in court to redress injustice.

"As many of you experienced first-hand, Ron was many things. A true giant of the legal profession. A trail blazer and innovator. A charismatic master of the courtroom. A tenacious interrogator. But most of all, he was marked by unmatched courage in going after any wrongdoer, no matter how big and powerful, and by his bottomless well of compassion for those who have been wronged. He proudly lived his life as a trial lawyer.

"Ron left an extraordinary legacy. It is my commitment, even as we mourn, that we should all rise above our sadness and devote ourselves to carrying his legacy forward. Indeed, there is no better way we can celebrate Ron’s life and honor his memory than by redoubling our efforts to put the powerless on a level playing field with the powerful, to get them their day in court, and to win justice for all.

"Ron always valued the relationships that he had with you and your organization. Through partnerships and friendships, Ron was able to share his passion and talent with so many. He will be greatly missed and forever remembered.

"We will share arrangement details as they are made. We appreciate your thoughts and prayers for Ron's family, friends and colleagues during this time.

Joe

Joseph F. Rice | Attorney at Law | Motley Rice LLC

Tacking Health Care Costs Onto California Farm Produce

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

Farm labor contractors across California, the nation’s biggest agricultural engine, are increasingly nervous about a provision of the Affordable Care Act that will require hundreds of thousands of field workers to be covered by health insurance.

While the requirement was recently delayed until 2015, the contractors, who provide farmers with armies of field workers, say they are already preparing for the potential cost the law will add to their business, which typically operates on a slender profit margin.

“I’ve been to at least a dozen seminars on the Affordable Care Act since February,” said Chuck Herrin, owner of Sunrise Farm Labor, a contractor based here. “If you don’t take the right approach, you’re wiped out.”

CDC estimates Lyme disease hits 300,000 each year

Outdoor workers continue to suffer from disease of the environment. Lyme disease, a cmpensable condition, remains a critical problem for those who work in the great outdoors. Today's post was shared by CIDRAP and comes from www.cidrap.umn.edu

A new estimate on Lyme disease suggests that about 300,000 Americans are sickened each year, which is about 10 times higher than the number of cases reported, according to an analysis of the latest information by the US Centers for Disease Control and Prevention (CDC).

Scientists from the agency base their projection on findings from three ongoing studies that are designed to better gauge the number of people diagnosed with Lyme disease each year. CDC researchers reported the preliminary findings yesterday at a tickborne disease conference in Boston.
Ongoing studies are based on medical claims information for about 22 million insured people, a survey of clinical laboratories, and self-reported Lyme disease cases from a survey of the general public, the CDC said in a press release today.

UW study finds link between lead paint, discipline problems

Lead paint continues to cause problems in the workplace and in homes throught the nation. Today's post was shared by FairWarning and comes from www.jsonline.com

A new study that analyzed medical and discipline data from Milwaukee Public Schools found young children who are exposed to lead are nearly three times more likely to be suspended from school by the fourth grade.

Lead — commonly found in paint in older homes and rental properties — may be more responsible for school discipline problems than previously realized, according to the study's author, Michael Amato, a doctoral candidate in the psychology department and the Nelson Institute for Environmental Studies at the University of Wisconsin-Madison.

Lead has been cited as a contributor to the academic achievement gap between black and white children because the powerful neurotoxin is more likely to be found in low-income housing. High levels of lead in the bloodstream may make children more likely to behave impulsively and may shorten their attention spans, according to previous research.

Fast-food workers call for nationwide walkout Aug. 29

Low wages, adverse working conditions  and minimal benefits are epidemic in the US fast food industry. As workers' compensation benefits are based on salaries, fast food workers tend to receive minimum standard benefits. Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com

Emboldened by an outpouring of support on social media, low-wage fast-food and retail workers from eight cities who have staged walkouts this year are calling for a national day of strikes Aug. 29.

The workers — who are backed by local community groups and national unions and have held one-day walkouts in cities such as New York, St. Louis and Detroit — say they have received pledges of support from workers in dozens of cities across the country.

The workers are calling for a wage of $15 an hour and the right to form a union. Organizers of the walkout say cashiers, cooks and crew members at fast-food restaurants are paid a median wage of $8.94 an hour.

Since some 200 workers walked off their jobs at fast-food restaurants in New York City in November, the strikes have moved across the country, drawing attention to a fast-growing segment of the workforce that until recently had shown no inclination to organize for purposes of collective bargaining.

NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim

A NJ Workers' Compensation Court affirmed the dismissal of a pulmonary claim ruling that the evidence presented was lacking, and that the statutory limitations of expert medical fees do not act to the detriment of the injured worker in the proof of a workers' compensation claim.

"In her written opinion, the compensation judge found the testimony of Dr.Kritzberg more credible than that of Dr. Hermele. The judge found that petitioner's counsel “trie[d] to make it appear that petitioner presented to Dr. Hermele on his own for treatment. That is simply not true. Petitioner's counsel sent petitioner to Dr. Hermele. Dr. Hermele did not treat petitioner.” Additionally, of great significance to the compensation judge was the fact that petitioner had been treating with a cardiologist for twenty-three years, testified that he believed his breathing difficulties were related to his heart condition, and had never been treated for any pulmonary condition, despite testifying that his pulmonary complaints worsened in 1988, while continuing to work for respondent for eleven more years. The judge inferred that petitioner's cardiologist never referred him to a pulmonary specialist for treatment.

The Court also held that an "adverse inference" could be drawn when the injured worker does not offer supporting medical records into evidence to prove a claim.

"The compensation judge drew an adverse inference “from the fact the petitionernever produced a certified copy of the records from his treating cardiologist orhad Dr. Hermele review said records as part of his evaluation[,]” noting that Dr.Hermele readily admitted “there is a relationship between the heart and thelungs.”

Furthermore, the medical evidence presented at the time of trial, support the lack of causal relationship of a pulmonary medical condition caused by a pre-existing cardiovascular condition, rather than an independent pulmonary condition cause by exposure to industrial air pollution.

"Critical for the court were the chest x-rays taken of the petitioner which
showed that he did not have bi-lateral flattening of his diaphragm. If he
truly had pulmonary disease unrelated to his heart condition[,] you would expect
to find bi-lateral flattening of the diaphragm. Only the left side of petitioner's diaphragm was flattened[,] which is to be expected since both doctors
agreed petitioner has cardiomegaly (enlargement of the heart).....

Workers' Compensation Benefits, Employer Costs Rise with Economic Recovery

NASI issued the following press release reflecting that workers' compensation costs are continuing to soar on the back of ever increasing medical expenses. The real question that remains unanswered is whether the Affordable Care Care will rein in costs and capture the workers' compensation delivery system in the process. Increased costs are good for workers' compensation carriers as they increase premiums to reflects those numbers. Looking down the road, a single Universal Medical Benefit program may present the only true alternative to achieve the cost savings employers need and want. Today's post was shared by WCBlog and comes from www.nasi.org

After declining in the wake of the recession, workers’ compensation benefits paid to injured workers and costs borne by employers increased in 2011 as the U.S. economy continued to recover, according to a new report by the National Academy of Social Insurance (NASI).

Total benefits rose by 3.5 percent to $60.2 billion.  The benefits include a 4.5 percent rise in medical care spending to $29.9 billion and a 2.6 percent rise in wage replacement benefits to $30.3 billion. Total costs to employers rose by 7.1 percent to $77.1 billion.

"Workers’ compensation often grows with the growth in employment and earnings,” said Marjorie Baldwin, chair of NASI’s Workers’ Compensation Data Panel and Professor of Economics in the W.P. Carey School of Business at Arizona State University.  When benefits and costs are measured relative to total covered wages, then benefits remained unchanged, and costs to employers rose very modestly (to $1.27 per $100 of wages) after declining in the previous five years.

Workers’ Compensation Benefits, Coverage, and Costs, 2011
Covered workers (in thousands)
Covered wages (in billions)
Workers' compensation benefits (in billions)
Cash benefits	$30.3	2.6%
Employer costs (in billions)	$77.1	7.1%
Amounts per $100 of covered wages
Cash payments to workers
Source: National...

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Changes to California Insurance Don’t Help

Today's post was shared by WCBlog and comes from www.lawyersandsettlements.com

By Gordon Gibb

Fresno, CA:

A California woman whose life has been described as “a living hell” blames the insurance underwriter, in association with her former employer, for leaving her high and dry with
denied disability insurance for the past eight years. Injured on the job in 2003, she was only paid benefits for two years. In spite of substantial evidence as to the woman’s disability, the insurer stopped payments, resulting in job loss and homelessness.

Guadalupe Ortega even had her children taken away from her, according to The Fresno Bee (8/6/13).

Ortega’s denied ERISA disability story is heart-wrenching. The one-time employee of Lyons Magnus of Fresno was injured on the job about 10 years ago, suffering injuries to her shoulder, neck and back. Her employer acknowledged that Ortega’s injuries were work-related and occurred on the job. Doctors having examined Ortega concur that the woman is 70 percent disabled.

Calif. judge denies Sherwin Williams motion in lead paint trial

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

SAN JOSE, Calif. (Legal Newsline) — A California judge denied paint maker Sherwin Williams’ motion for summary judgment at the opening of trial Monday in Santa Clara County Superior Court.

Kleinberg

Judge James Kleinberg’s ruling came before the defense started its second day of arguments. The judge also kept defendant ARCO’s summary judgment motion under submission.

Ten cities and counties in California — including Los Angeles County and the cities of San Diego and San Francisco — filed The People of California v. Atlantic Richfield Company et al., which seeks the companies and parent companies of one-time lead-based paint makers pay for an abatement program — eliminating lead paint from homes in their jurisdictions — to protect public health.

Plaintiffs claim the lead paint is a public nuisance. Defendants include The Sherwin-Williams Company, ConAgra Grocery Products, DuPont and Atlantic Richfield Company.

During Monday’s morning session, defense attorney Don Scott called to the stand pediatrician and historian Dr. Peter English who testified that what is known about child lead exposure, pathways into the body, toxicity levels and how public health officials have communicated their knowledge has changed radically over the past century.

Before court adjourned for a lunch break, the plaintiff’s attorney began his cross examination of English.

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Pa., N.J. Insurers Gearing Up For Obamacare Business

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

This story was produced in partnership with

With new federal rules and mandates, you’d think that health insurers would be beating the loudest drum in the repeal-the-Affordable Care Act band.

But they’re not, and there are a couple of reasons why.

The first is pretty obvious. Millions of uninsured people will be flooding the online exchanges when they open nationwide on Oct. 1, presenting companies with a tremendous opportunity to build their roles and revenues.

But that may not be the only reason. Even insured workers may soon be allowed to pick plans over online marketplaces, upending the traditional model of employers knowing best.

In any event, “the direct-to-consumer health insurance market is growing,” says Joel Cantor, a professor of health policy at Rutgers University. “Under the Affordable Care Act, 15 to 16 million people will be in that market for health insurance in the next year or so. That is a significant increase.”

Until the ACA was passed in 2010, health insurance was pretty much a business-to-business transaction. Insurers sold plans to employers acting as proxies for their employees. Once the ACA became law, insurers started refocusing their marketing strategies on consumers.

Many insurers in Pennsylvania and New Jersey are preparing to launch marketing efforts to educate consumers. Most of New Jersey’s large insurers, including Aetna, Horizon Blue Cross and Blue Shield, and AmeriHealth, will be in the state’s...

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Senate fails to revive workers' comp bill for first responders

The NJ Senate has been unable change the burden of proof required for First Responders to prove compensability. While some jurisdictions have multiple "presumptions of compensability" statutorily enacted, NJ has consistently maintained a minimal number. Today's post was shared by WCBlog and comes from www.nj.com

State Senate Democrats have failed to override Gov. Chris Christie's recent veto of a bill that would have made it easier for emergency first responders to obtain workers' compensation coverage when they get injured or contract a disease on the job during a terrorist attack or another catastrophic event.

The bill would have required the employer to challenge any work-related injuries and illness, shifting the burden away from nurses, firefighters, police officers, rescue squad members and other first responders who have to prove how and when they were hurt or sickened under the current system.

Wages and medical benefits would be paid if "any death or disability, including post traumatic stress disorder, arises from the physical or psychological impact of stress or injury experienced by the public safety worker during response to a terrorist attack, epidemic or other catastrophic emergency," according to the bill sponsored by Sen. Linda Greenstein (D-Middlesex).
Christie said while the state is grateful for the heroic work of its first responders, New Jersey can't afford this legislation.

Move Over, Richard Kiley. Here’s Why We Want to Combine Public Health Data with Health Care Data

Is it time to publicly merge workplace injury data with with health care delivery and re-engineer the system for greater efficiency. Prevention versus economic fiduciary interests of corporate American maybe be challenge. The economic savings in the long run may provide as major cost savings for workers' compensation insurance companies. Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org

On reflection, we think this goal isn’t so quixotic. We’ve been thinking more and more about bridging the worlds of health care delivery and public health—how those two systems relate to each other and can reinforce each other in ways that improve health outcomes for populations and for individuals. And we see harnessing data as part of the path to that goal.

Currently, we’re seeing an explosion of data production from all sectors in health and health care and an increasing interest in harnessing that data for all sorts of purposes. The recent Health Datapalooza conference—which is hosted by another collaborator on this News Challenge, the Health Data Consortium—saw 2200 people gather to explore health and health care data and its uses.

Parents and Educators Can Keep Young Workers Safe

Child labor continues in US and the safety issues are now a focus of OSHA's increased concern. Today's post was shared by US Dept. of Labor and comes from www.osha.gov

As parents and educators, you play an important role. Here is vital information you need to know.

• Employers must provide a safe and healthful workplace and comply with OSHA standards to prevent injuries and illnesses. Employers must train new workers on job hazards and safe work practices in a language they understand. Employers must also pay for most types of required safety gear.
• Child labor laws restrict the types of jobs and the hours that youth under age 18 can work. They also prohibit workers under age 18 from using certain equipment. Learn about the federal and state child labor laws that apply to young workers.
• States may develop and operate their own job safety and health programs with federal OSHA's approval and monitoring. There are currently 22 states and jurisdictions operating complete state plans (covering both the private sector and state and local government employees) and five plans that cover public employees only. To learn if your state has its own job safety and health program, see State Occupational Safety and Health Plans.

The Occupational Safety and Health Administration (OSHA) is the agency of the Department of Labor (DOL) that protects workers from dangers on the job that can cause injuries or illnesses. OSHA is here to help you. Call us on our toll-free number: 1-800-321-OSHA (6742) or TTY 1-877-889-5627 to get answers to your questions, or to ask OSHA to inspect your workplace if you think there is a serious hazard. You can also submit...

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Bangladesh’s Workers Deserve Better

Fashion Safety and compensability payments are an important issue and one that originally framed US Workers' Compensation programs. Today's post was shared by Steven Greenhouse and comes from www.nytimes.com

Four months after a building collapse killed more than 1,100 factory workers in Bangladesh, their families are still waiting for adequate — and in some cases, any — compensation. This is a shocking lapse by Prime Minister Sheikh Hasina and her government.

After the disaster at Rana Plaza, a poorly constructed eight-story building outside Dhaka, the capital, Ms. Hasina promised to give the relatives of those who died about $1,250 in cash and $19,000 in savings certificates — amounts that far exceed the roughly $1,250 that factory owners are legally required to pay per victim, but far from sufficient, considering that many victims were young women and men who had a whole lifetime ahead of them. The money was supposed to come from the government and from private donations by, among others, the factory owners.

But the government has yet to distribute most of that money. It has provided sums ranging from $1,250 to $5,000 to about 777 families, far short of the total compensation it had promised, according to the Solidarity Center, a Washington-based group that helps workers around the world form unions. Also, many of the remaining families have not received any aid at all because the government has not moved fast enough to identify nearly 300 bodies.

Compensating victims’ families in a tragedy as big as the collapse of Rana Plaza would strain the resources of a poor country like Bangladesh. But Ms. Hasina’s administration can do a much better job....

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Contaminated Soil and Debris to Be Removed From Superfund Site in South Plainfield, New Jersey

The U.S. Environmental Protection Agency has proposed a plan to address contaminated soil and debris at the Woodbrook Road Dump Superfund site in South Plainfield, New Jersey. Previous dumping of old electrical capacitors at the site has contaminated some of the soil with polychlorinated biphenyls (PCBs). PCBs are chemicals that persist in the environment and can affect the immune, reproductive, nervous and endocrine systems. Under the plan proposed today, contaminated soil and debris will be dug up and removed.

“This was a poorly run dump in the vicinity of the Dismal Swamp – a natural wildlife refuge and an important wetland,” said EPA Regional Administrator Judith A. Enck. “Some material that caused contamination, including electrical capacitors, has already been removed and now we will get rid of the contaminated soil. I encourage the public to give the EPA their input on this proposed cleanup plan.”

The EPA will hold a public meeting on August 26, 2013 to explain the proposed plan and is encouraging public comments. The meeting will be held at 7:00 p.m. at the South Plainfield Municipal Building courtroom at 2480 Plainfield Avenue in South Plainfield, NJ. Comments will be accepted until September 16, 2013.

The Woodbrook Road Dump Superfund site is located on land that was used as a dump in the 1940s and 1950s for both industrial waste and household waste until it was shut down by the state of New Jersey in 1958. Among the materials disposed of at the site were old electrical capacitors, which contained PCBs and had contaminated the soil. Under EPA oversight, the current owner of the property, Texas Eastern Transmission Corporation (TETCO), removed a number of PCB-contaminated capacitors, secured the site and placed warning signs around the area. The EPA added the Woodbrook Road Dump site to the Superfund list in 2003.

Under the EPA’s cleanup plan, as much as 120, 000 cubic yards of contaminated soil and debris will be dug up and disposed of at a facility licensed to receive the waste. All PCB-contaminated soil and debris above 1 part per million from both the Eastern and Western dump areas will be disposed of off-site. Wetland areas that are disturbed during the work will be restored. Ground water at the site is not contaminated with site-related chemicals. The EPA will conduct a review every five years to ensure the effectiveness of the cleanup.

The Superfund program operates on the principle that polluters should pay for the cleanups, rather than passing the costs to taxpayers. After sites are placed on the Superfund list of the most contaminated waste sites, the EPA searches for parties responsible for the contamination and holds them accountable for the costs of investigations and cleanups.

Read more about PCBs and workers' compensation:

Workers' Compensation: Cancer Alley: NJ Meadowlands to be ...

May 24, 2013

The site, which is in the New Jersey Meadowlands and is next to the Hackensack River, is contaminated with a number of hazardous chemicals including polychlorinated biphenyls (PCBs) and dioxin. The study of the nature ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Oil, Cancer and The Promised Land

Jan 09, 2013

Historical conspiracies of silent were evident in the asbestos tobacco, lead and PCB industries resulting in epidemics of disease and death. "The development of Alberta's oil sands has increased levels of cancer-causing ...

http://workers-compensation.blogspot.com/

Workers' Compensation: EPA Adds the Riverside Industrial Park in ...

May 24, 2013

Further investigation showed that soil, ground water and tanks at the Riverside Industrial Park are contaminated with volatile organic compounds and polychlorinated biphenyls (PCBs). Benzene, mercury, chromium and ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Asbestos Contaminates 772 New York City ...

Apr 16, 2011

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 ...

http://workers-compensation.blogspot.com/

It's Complicated: Obamacare's Choices for People with Disabilities

Thought of as safety-net for those injured workers who are caught in disputed litigation over workers' compensation benefits, Obamacare option will provide a complicated insurance program with multiple offerings.

"The Affordable Care Act has set new standards — called essential health benefits — outlining what health insurance companies must now cover. But there's a catch: Insurance firms can still pick and choose to some degree which specific therapies they'll cover within some categories of benefit. And the way insurers interpret the rules could turn out to be a big deal for people with disabilities who need ongoing therapy to improve their day-to-day lives.

Read "Obamacare Presents Complex Choices For People With Disabilities"a recent article collaborated by NPR, Colorado Public Radio and Kaiser Health News.

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Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers

Viloence arising from workplace activities is a major cause of workers' compensation claims. Today's post was shared by US Dept. of Labor and comes from www.osha.gov

Training & Other Resource This Workplace Violence website provides information on the extent of violence in the workplace, assessing the hazards in different settings and developing workplace violence prevention plans for individual worksites. What is workplace violence? Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Homicide is currently the fourth-leading cause of fatal occupational injuries in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), of the 4,547 fatal workplace injuries that occurred in the United States in 2010, 506 were workplace homicides. Homicide is the leading cause of death for women in the workplace. [More...] However it manifests itself, workplace violence is a major concern for employers and employees nationwide Who is at risk of workplace violence? Nearly 2 million American workers report having been victims of workplace violence each year. Unfortunately, many more cases go unreported. The truth is, workplace violence can strike anywhere, anytime, and no one is immune. Research has identified factors that may increase the risk of violence for some workers at certain worksites. Such factors include exchanging money with the...

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FL Workers' Compensation May Be Going Up

The Office of Insurance Regulation (Office) today announced it has received the National Council on Compensation Insurance (NCCI) annual rate filing for workers’ compensation insurance rates in Florida. The proposed overall rate change is an increase of 1 percent to become effective on January 1, 2014; however, it reflects a cumulative decrease of 55.9 percent in overall rates since the comprehensive legislative reforms passed in 2003.

A careful review and thorough analysis of this rate filing will be performed to evaluate its potential effects on Florida’s workers’ compensation insurance marketplace and employers. The Office anticipates conducting a public hearing in early October 2013 and will provide more detailed information at a later date.

Prior to the 2003 legislative reforms, Florida consistently ranked No. 1 or No. 2 in the country for the highest workers' compensation rates. Following this reform, Florida rates became some of the most competitive in the nation with seven years of significant decreases approved for the annual experience filing submitted by NCCI. This year, however, marks the fourth year in a row of proposed increases in the annual experience filings.

The Office plans to make recommendations to the 2014 Legislature to address cost drivers in the workers’ compensation insurance system.

For more information about the NCCI rate filing, please read NCCI’s statement.

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Modern Families and Worker Protections

The word "spouse" has a new legal definition following the US Supreme Court's recent decision in US v. Windsor (2013). Today's post was shared by US Dept. of Labor and comes from social.dol.gov

Until 1993, there was no law that protected workers from having to choose between their jobs and their health – or the welfare of family members who needed their care. The Family and Medical Leave Act changed that, by allowing covered employees to take up to 12 weeks of unpaid leave without getting fired. This law provided greater protection and flexibility to America’s workers, and the Wage and Hour Division has been proud to uphold it for the past 20 years.

But our agency doesn’t just enforce the law. We also provide guidance to employees and employers, to make sure they understand their rights and responsibilities. Earlier this week, the Wage and Hour Division made a few revisions to some of our guidance documents that reflect changes to our enforcement of the FMLA in light of the Supreme Court’s recent decision in United States v. Windsor.

These updates remove all references to the Defense of Marriage Act’s provisions that denied federal benefits to legally married, same-sex couples. In light of the Supreme Court’s decision U.S. v. Windsor, the updates clarify the definition of “spouse” for Title I of the FMLA, which applies to covered private-sector employers and any covered public agency. The updated documents can be viewed at these links:

These changes are not regulatory, and they do not fundamentally change the FMLA. They simply recognize that the Supreme Court’s Windsor decision expands the number of employees who...

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Coal Industry: The Next Target for a Major Lawsuit

The focus the past several weeks has been the lawsuit in California against the Lead Paint Industry. The lawsuit, pending for over a decade, was brought under the legal theory of "public nuisance." The case seeks to finally force the major suppliers of lead paint to the table to help in removing and correcting the alleged public and private health dangers the Industry created by marketing paint with lead pigment.

While the lead paint case is in its finals trial stages, a theory has emerged to litigate against the Coal Industry for its alleged acts that have damaged public health through crating industrial pollution.

"Coal industry executives ought to pay attention to the lead paint lawsuit currently happening in the California court system.

"Recently, a lawsuit was filed against the makers of lead paint, alleging that the industry knew about the toxicity of their product and yet still promoted it as “safe” to the public. The industry has faced many lawsuits over their products in the past, most of which were unsuccessful for the victims, due to the fact that the industry was often up front about the dangers of their products, and they funded public studies to determine the health effects.

"But things have changed in the American legal system, and attorneys are now taking a page out of the tobacco litigation playbook. By unearthing documents that detail the lead paint industry’s attempted cover-up of the dangers, they avoid the “buyer beware” caveat that the tobacco industry used for so long.

Click here to read the complete article, "Could Lead Paint Lawsuit Pave Way For Class Action Against Coal Industry?"

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Bangladesh Building Collapse Highlights Need for Safety Inspections

Today's post comes from guest author Kit Case from Causey Law Firm. 

Ed Note: Samsung has been sued in Brazil over factory working conditions

The total number of workers killed or injured in the collapse of a building in Savar, Bangladesh on April 24, 2013 is not yet known, as rescuers continue to search for survivors.  As of Sunday, April 28th, the count was at least 377 dead.  

Bangladeshi Workers Protest Deaths

Many of those killed were workers at clothing factories housed in the building, known as Rana Plaza, where fire broke out in the wreckage of the building, temporarily suspending rescue efforts as of April 24.  Efforts will restart with the aide of heavy equipment, which had previously been avoided in an effort to not injure those still buried in the rubble.  T

here no longer are assumed to be any victims remaining alive, although hundreds remain unaccounted for. The death toll surpassed a fire five months ago that killed 112 people and brought widespread pledges to improve worker-safety standards. But since then, very little has changed in Bangladesh.

Human Rights Watch reported on the building collapse, noting that it knows of no cases in which the Bangladeshi government has ever prosecuted a factory owner over the deaths of workers.

 USA Today reported on the tragedy with the news that Mohammed Sohel Rana, the fugitive owner of the illegally-constructed building, was apprehended by a commando force while trying to flee to India.  Rana was returned to Dhaka to face charges of negligence. Rana had been on the run since the building collapsed Wednesday. He last appeared in public Tuesday in front of the Rana Plaza after huge cracks appeared in the building. Witnesses said he assured tenants, including five garment factories, that the building was safe. Hours later, the Rana Plaza was reduced to rubble, crushing most victims under massive blocks of concrete.

Human Rights Watch reported on the building collapse, noting that it knows of no cases in which the Bangladeshi government has ever prosecuted a factory owner over the deaths of workers. Many factory owners in Bangladesh are parliamentarians or members of the main political parties. In an interview with a government minister in 2011, the minister told Human Rights Watch that it would be “impossible” to improve workers rights so long as factory owners were senior members of political parties. 

Liberty Mutual FIles Suit in NY To Stop Elimination of Reopener Fund

An effort spearheaded by Liberty Mutual to thwart Governor Cuomo's effort to eliminate the NY State Insurance Fund's elimination. The Cuomo Administration has asserted that the move to close the Fund is necessary to save money and consolidate resources to avert unnecessary workers' compensation insurance premium increases.

"Liberty Mutual Group subsidiaries have filed a suit challenging New York’s decision to close a state workers’ compensation fund dealing with settled claims that are later reopened.

"The suit alleges that the decision by the governor and legislature, included as a component of the state budget for the next two years, will cost insurers and self-insured employers up to $1.6 billion in unfunded liabilities.

"However, an industry official experienced in the workings of the state’s workers’ compensation fund questions the viability of the suit.

Click here to read the complete article, "Liberty Mutual Group Subsidiaries Challenge Closure of N.Y. Reopened Cases WC Fund"

Read more about "NY workers' compensation" and reform

The Future of Spitzer's NY Workers' Compensation Reform Effort ...

Mar 11, 2008

With Governor Spitzer now embroiled in a major scandal that may end in his resignation as Governor of the State of New York, all eyes in the workers' compensation arena are now focused on his reform efforts. On February ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Legal Fees and Reform

Aug 13, 2013

Note that following the 2004 reform, SB 899, defense fees skyrocket from $368 million in 2003 to nearly double at $642 million in 2006, while applicant attorneys, whose fees are largely pegged to permanent disability indemnity, lost some ground, but essentially remained flat. Things stabilize a bit after 2006 until 2011 when the lawyers on both sides, start ... N.Y. AG announces $600,000 agreement with masonry ... Plaintiffs' expert says lead paint abatement could.

http://workers-compensation.blogspot.com/

NJ Governor Christie to Propose Workers' Compensation Reform

Apr 23, 2013

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 ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Wisconsin and Workers' Comp "Reform"

Apr 13, 2011

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 ...

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IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

Today's post was shared by WCBlog and comes from www.whitehouse.gov

The White House

EXECUTIVE ORDER

- - - - - - -

IMPROVING CHEMICAL FACILITY SAFETY AND SECURITY

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose. Chemicals, and the facilities where they are manufactured, stored, distributed, and used, are essential to today's economy. Past and recent tragedies have reminded us, however, that the handling and storage of chemicals are not without risk. The Federal Government has developed and implemented numerous programs aimed at reducing the safety risks and security risks associated with hazardous chemicals. However, additional measures can be taken by executive departments and agencies (agencies) with regulatory authority to further improve chemical facility safety and security in coordination with owners and operators.

Sec. 2. Establishment of the Chemical Facility Safety and Security Working Group. (a) There is established a Chemical Facility Safety and Security Working Group (Working Group) co-chaired by the Secretary of Homeland Security, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of Labor or their designated representatives at the Assistant Secretary level or higher. In addition, the Working Group shall consist of the head of each of the following agencies or their designated representatives at the Assistant Secretary level or higher:

(i) the Department of...

[Click here to see the rest of this article]

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Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request

Social media accounts are evidential to determine the credibility of the a party in a workers' compensation claim. Take it one step further and they can also be a factor in determining deviation from employment. Today's post was shared by WCBlog and comes from p.ost.im

Social media accounts, typically Facebook, are currently a hot-button issue for plaintiff ESI production in civil litigation. Most courts (but not all!) require a threshold showing that the public account has relevant information that would lead to discoverable evidence before requiring a plaintiff to produce private portions of the account.

In an order dated July 19, 2013 in the case of Jewell v. Aaron’s, Inc., Civil No. 1:12-CV-0563-AT (N.D.Ga. 2013), 87 opt-in plaintiffs are suing their employer for, among other claims, not allowing certain lunch breaks as required by law. The defendants sought, among their discovery requests:
“All documents, statements or any activity available that you posted on any internet Web site or Web page, including, but not limited to, Facebook, MySpace, LinkedIn, Twitter, or a blog from 2009 to the present during your work hours at Aaron’s store.”