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

Tuesday, September 10, 2013

Christie Vetoes Bill That Would Have Prevented Some Truck Drivers From Being Treated As Independent Contractors

Today's post was shared by WCBlog and comes from njtoday.net


Gov. Chris Christie vetoed a bill that would have protected some truck drivers from being inappropriately classified as “independent contractors,” drawing criticism from one of the bill’s sponsors.

“Because of the Governor’s veto, unethical companies will continue to skirt the law by gaming the system to avoid paying their fair share of taxes,” said Assembly Deputy Speaker John S. Wisniewski.  “In doing so, they will also continue to deprive their drivers of Social Security, Medicare, Workers’ Compensation and Unemployment benefits.”

This “is just the latest example of the Governor siding against hard working New Jerseyans. His veto keeps in place a system that is unfair to workers and unfair to those companies that play by the rules,” Wisniewski said.

The bill passed by a 43-30-5 vote in the Assembly and a 21-17 vote in the state Senate, so lawmakers are unlikely to override the governor’s veto.

Under the bill, “drayage,” or short-distance truckers, and parcel delivery drivers could not be classified as “independent contractors” unless the employers can show that the workers are truly independent. The businesses would have to demonstrate to the New Jersey Department of Labor and Workforce Development that the workers are free from their day-to-day control, that the service is outside the usual course or place of business and that the employee is customarily...
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Canada court allows disabled veteran class action to continue

Today's post was shared by WCBlog and comes from jurist.org


A judge for the Supreme Court of British Columbia [official website] on Friday declined to dismiss a class action lawsuit filed by disabled members of the Canadian military seeking to invalidate a veteran compensation law that limits payments to disabled veterans. 

Last year disabled veterans joined together to challenge the constitutionality of the 2005 New Veterans Charter (NVC) [government backgrounder], which gave disabled soldiers capped one-time payments in lieu of lifetime monthly payments.

The veterans assert that the NVC's lump-sum payment system fails to adequately provide for disabled veterans returning from the war in Afghanistan. 

The Attorney General of Canada [official website] filed a motion to dismiss the lawsuit, arguing that the plaintiffs failed to make out a winnable claim. Justice Gordon Weatherill, however, denied the motion, emphasizing that the case raises important issues [Canadian Press report] regarding the government's promises to compensate injured service members. 

The court ordered the government to file a response to the plaintiffs' complaint.

Veterans' rights remain a controversial issue around the globe, especially in the US. Earlier this month the US Department of Justice (DOJ) announced [JURIST report] that it will no longer enforce a federal law that denies same-sex spouses veterans...
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EpiPens for All

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


AMARRIA JOHNSON, who attended first grade at Hopkins Elementary School in Richmond, Va., was an outgoing and energetic girl who loved animals, singing and telling jokes. She won reading and citizenship awards and planned to become a teacher. She also was allergic to peanuts.

On Jan. 2, 2012, a classmate gave Amarria a peanut on the playground. Despite her allergy, Amarria ate the nut and soon had trouble breathing. She sought out a teacher, but at the school health clinic, there was no epinephrine auto-injector prescribed for Amarria. Epinephrine auto-injectors, the most well known of which are EpiPens, contain adrenaline and are the first line of emergency treatment for anaphylaxis, an extremely severe allergic reaction that can become fatal within minutes.

At the time, employees in Amarria’s public school were not allowed to use epinephrine prescribed for one student on a different child; instead, the school called an ambulance, which transported Amarria to a hospital, where she was pronounced dead of anaphylaxis and cardiac arrest.

I’m the mother of a child with food allergies, and stories like Amarria’s are my worst nightmare. In describing her tragedy, I question the fairness of reducing a 7-year-old girl to a symbol. Nevertheless I repeat the circumstances of Amarria’s death because it appears they directly affected legislation in her state.

Just a few months after she died, “Amarria’s Law” was in place; the law requires...
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State Senate passes bill limiting pro teams' workers' comp liability


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

An effort by the National Football League and owners of other professional sports teams to limit workers' compensation claims by out-of-state athletes is close to final passage in the California Legislature.

The measure cleared the state Senate on Friday on a 34-2 vote. In May, it passed the Assembly, 61-4.

The latest version of the bill is expected to win final passage next week in the Assembly and be on the governor's desk shortly after the scheduled Sept. 13 legislative recess.
Because of its liberally interpreted workplace-injury laws, California has become the de facto forum of last resort for so-called cumulative trauma claims, including head injuries, by retired players. Many of them may have participated in just a handful of games in California over the course of their careers.

The crackdown on a workers' compensation claims by athletes has been the focus of a major lobbying campaign by the National Football League and other pro-sports franchises. Former athletes have filed more than 4,400 claims involving head and brain injuries since 2006.

Claims by athletes represent an estimated potential $1-billion liability for the NFL alone, though they represent only a tiny percentage of all California workers' compensation cases

The bill, AB 1309 by Assemblyman Henry T. Perea (D-Fresno), does not affect players who spent their careers with California-based football, baseball, basketball, hockey or soccer teams.

However, it bans claims from athletes who...

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Monday, September 9, 2013

In South Florida, a Polluted Bubble Ready to Burst

Today's post was shared by The New York Times and comes from www.nytimes.com


On wind-whipped days when rain pounds this part of South Florida, people are quickly reminded that Lake Okeechobee, with its vulnerable dike and polluted waters, has become a giant environmental problem far beyond its banks.


Beginning in May, huge downpours ushered in the most significant threat in almost a decade to the bulging lake and its 80-year-old earthen dike, a turn of events with far-reaching consequences. The summer rains set off a chain reaction that devastated three major estuaries far to the east and west, distressing residents, alarming state and federal officials and prompting calls for remedial action.

With lake waters at their limit, there were only two choices, neither of them good. One was to risk breaching the 143-mile dike, a potential catastrophe to the agricultural tracts south of the lake and the small communities that depend on them. The other was to release billions of gallons of polluted water into delicate estuaries to the east and west.

Following its post-Hurricane Katrina guidelines, the Army Corps of Engineers chose the estuaries, rather than test the dike’s vulnerabilities.

As a result, the St. Lucie River estuary in the east and the Caloosahatchee River estuary in the west, which depend on a naturally calibrated balance of salt and fresh water, were overwhelmed. The rush of fresh water from the lake and the estuaries’ own river basins, along with the pollutants carried in from farms,...
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Sunday, September 8, 2013

Fla. appeals court says $33M in damages to smoker’s widow not excessive

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


A Florida appeals court this week denied a tobacco company’s request for a new trial in a lawsuit brought against the company by the widow of a former smoker.
Rothenberg
Rothenberg

Also Wednesday, Florida’s Third District Court of Appeal upheld a $33 million award to the widow, Dorothy Alexander, saying the damages were not excessive.

After a three-week trial, the jury found in favor of Alexander on her claims against Lorillard Tobacco Company for strict liability, fraudulent concealment, conspiracy to commit fraud by concealment and negligence, but found Alexander’s husband, Coleman, 20 percent comparatively liable.

The jury awarded Alexander $20 million in compensatory damages and $25 million in punitive damages.

Lorillard filed multiple post-trial motions, including motions seeking remittitur of the compensatory and punitive damages awards.

The Miami-Dade County Circuit Court denied all of Lorillard’s post-trial motions except the motion for remittitur of the compensatory damages award and remitted the compensatory damages award to $10 million.

After computation of comparative fault, Alexander was awarded $8 million in compensatory damages and $25 million in punitive damages, which the trial court declined to remit.
Lorillard appealed.

On appeal, the tobacco company basically reiterated its post-trial claims of error. Additionally, it claimed that it is entitled to a new trial on compensatory damages rather than the...
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'Flurry' Of New Reports Show Wide Variations On Insurance Rate Costs

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


News outlets continue to follow recent studies released by several health policy groups about the expected premiums for plans offered on the new online insurance marketplaces.

McClatchy: Studies Show Varying Costs For Coverage Under Obamacare
A flurry of new reports from prominent health care research organizations show the cost of individual health coverage under Obamacare will vary widely among states next year, but drastic predictions of premium "sticker shock" have not materialized thus far. New research by the Kaiser Family Foundation, the RAND Corp. and Avalere Health have found competitive, affordable prices for individual coverage in states where the information is available. Those states include Washington, California, Florida, South Carolina and Texas (Pugh, 9/5).

Marketplace: New Reports Give Estimated Costs Of Healthcare Reform Plans
The health insurance exchanges under the Affordable Care Act open in October. This week some reports are giving new estimates of how much money it will take to get into some of those plans (Hill, 9/5).

Huffington Post: Obamacare Premiums Will Vary Widely By State And City: Report
Retail prices for health insurance can be considerably different based in part on the cost of health care services where a person lives, even within the same state, the Kaiser Family Foundation reported Wednesday. Premiums also vary based on age, family size and tobacco use. But under Obamacare, prices cannot be based on someone's medical history and patients...
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Price of Vicodin Three Times More in Maryland and Pennsylvania When Dispensed by a Physician

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


New studies from Cambridge-based Workers Compensation Research Institute (WCRI) says the average price paid for physician-dispensed Vicodin, a commonly dispensed narcotic pain medication in Maryland and Pennsylvania, was three times more than the price paid for the same drug dispensed at a pharmacy ($1.46 versus $0.37 per pill in Maryland and $1.22 versus $0.37 per pill in Pennsylvania).

According to the studies, the average prices paid to physician-dispensers were often more than double the prices paid for the same drugs dispensed at a pharmacy. Issues related to physician dispensing in Maryland have been debated, but no change has been made.

Physician dispensing has been growing rapidly in Pennsylvania. In 2011, physicians dispensed 23 percent of workers’ compensation prescriptions and were paid 38 percent of what was spent for all prescriptions for injured workers. This was an increase from 17 percent of all prescriptions and 18 percent of total prescription costs three years earlier.

“In many states across the country, policymakers are debating whether doctors should be paid significantly more than pharmacies for dispensing the same drug,” said Dr. Richard Victor, WCRI’s executive director. “One question for policymakers is whether the large price difference paid when physicians dispense is justified by the benefits of physician dispensing.”

The Maryland  study found that prices paid to physician-dispensers for many common drugs...
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Workers’ Compensation Task Force meets

Today's post was shared by WCBlog and comes from delaware.newszap.com


The Workers’ Compensation Task Force reconvened Friday to kick off a series of monthly meetings designed to further address the state of Delaware’s workers compensation premiums.

Four months earlier, the task force presentation an 18-point plan to reform the state’s increasing workers’ compensation. The plan was translated to legislation and signed into law in June.

“We have had some developments since we issued our report,” said Lt. Gov. Matthew Denn, the chairman of the 20-member task force.

Since 2007, the state has been working to cut back on high premium rates. Insurance legislation enacted in 2007, Senate Bill 1, included provisions to create a Health Care Advisory Panel (consisting mostly of health care personnel) to reform the payment system and develop practice guidelines for the most common workplace injuries, as well as create a Data Collections Committee. The reforms passed helped the state facilitate nearly a 40 percent decrease in rates, jumping from having the nation’s third most expensive workers compensation premiums in 2006 to the 34th most expensive by 2010, according to the Oregon Workers’ Compensation Premium Rate Ranking Summary.

But, the premium rate has skyrocketed since then, rising over 40 percent in two years.

The legislation, House Bill 175, addresses the task force’s four major workers compensation concerns.
Curbing the high workers compensation medical costs was a priority, so the...
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ILO domestic worker rights treaty enters into force




The International Labor Organization [official website] Domestic Workers Convention, 2011 (No. 189) [text] came into force [ILO press release] on Thursday, extending basic labor rights to workers in signatory countries. The convention became binding international law to a number of countries, prompting many to begin implementing legislative reforms aimed at improving domestic workers' labor and social rights. Approximately 53 million workers will be affected by the convention, which gives employees the right to claim basic rights, including days off each week, set hours and a minimum wage.

ILO member states Bolivia, Italy, Mauritius, Nicaragua, Paraguay, Philippines, South Africa and Uruguay have already ratified the convention. Costa Rica and Germany have begun the ratification process, while a number of other countries, including the US, have begun implementing labor laws and regulations.

According to a January ILO study [JURIST report], entitled Domestic Workers Across the World [text, PDF], domestic workers working for private households are vulnerable due to a lack of clear terms of employment, as well as their exclusion from labor legislation. Rights of domestic workers has been a controversial issue for years. Last September the Domestic Workers Convention was ratified [JURIST report] by enough countries to qualify to go...



Today's post was shared by WCBlog and comes from jurist.org

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Federal arbitration board orders FEMA to pay New Orleans Katrina responders

Today's post was shared by WCBlog and comes from jurist.org




The US Civilian Board of Contract Appeals [official website] has ordered [text, PDF] the Federal Emergency Management Agency (FEMA)to pay the City of New Orleans [official websites] $10.8 million in connection to Hurricane Katrina [JURIST news archive] in 2005. The decision, issued last week, comes in response to a June 2012 request for arbitration by the City of New Orleans following a May 2012 decision by FEMA regarding:
The money reimbursement of one third of the city's regular time salary costs for its police, fire, and emergency medical services (EMS) first responders who performed emergency disaster response work during the first four months after Hurricane Katrina struck the city.
FEMA contended in a February 2012 e-mail to the City of New Orleans, and in a May 2012 decision letter, that according to pre-existing agency policy and procedure it was unable to provide funding. The Board rejected FEMA's argument, concluding that FEMA policy does not prohibit FEMA from providing reimbursement of regular pay incurred following a disaster. Numerous legal issues have sprung up in the wake of Hurricane Katrina. In 2012 the US Court of Appeals for the Fifth Circuit [official website] ruled [JURIST report] that the US Army Corps of Engineers (USACE) [official website] was not liable for damages caused by canal breaches that occurred during Hurricane Katrina.The ruling overturned a March decision by the same Fifth Circuit panel, which held that...
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California bill limiting workers' comp claims by athletes advances

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

An effort by the National Football League and owners of other professional sports teams to limit workers' compensation claims by out-of-state athletes is close to final passage in the California Legislature.
The measure cleared the state Senate on Friday on a 34-2 vote. In May, it passed the Assembly on a 61-4 tally.

The proposal is expected to win final passage next week in the Assembly and to be on the governor's desk shortly after the scheduled Sept. 13 legislative recess.

Because of its liberally interpreted workplace injury laws, California has become the de facto forum of last resort for so-called cumulative trauma claims, including head injuries, by retired players. Many of them may have participated in just a handful of games in California over the course of their careers.

The crackdown on athletes' workers' compensation claims has been the focus of a major lobbying campaign by the NFL and other pro-sports leagues. Former athletes have filed more than 4,400 claims involving head and brain injuries since 2006.

Such claims represent an estimated potential $1-billion liability for the NFL alone.

The bill, AB 1309 by Assemblyman Henry T. Perea (D-Fresno), does not affect players who spent their careers with California-based football, baseball, basketball, hockey and soccer teams.

However, it bans claims from athletes who played for California teams for less than two seasons, and those who played for California teams at least two seasons but spent seven...

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Found on




Facebook Delays New Privacy Policy

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


Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.
Karen Bleier/Agence France-Presse
Getty Images
Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.

proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.

Facebook has apparently decided to delay a proposed new privacy policy after a coalition of privacy groups asked the Federal Trade Commission on Wednesday to block the changes on the grounds that they violated a 2011 settlement with the regulatory agency.

A spokeswoman for the F.T.C. confirmed Thursday that the agency had received the letter but had no further comment.

In a statement published by The Los Angeles Times and Politico on Thursday afternoon, Facebook said, “We are taking the time to ensure that user comments are reviewed and taken into consideration to determine whether further updates are necessary and we expect to finalize the process in the coming week.”

Asked about the delay, a Facebook spokesman said he was unaware of the latest developments.
When it first announced the changes on Aug. 28, Facebook told its 1.2 billion users that the updates were “to take effect on September 5.”

The changes, while clarifying how Facebook uses some information about its users, also contained a shift in legal language that appeared to put the...
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Bill to protect texters who send messages to drivers is promised

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



A Republican assemblywoman from Monmouth County plans to introduce legislation to protect texters from being sued if they send a distracting message to a driver who gets into an accident.
The bill, authored by Assemblywoman Caroline Casagrande, comes in response to last week’s groundbreaking decision by two state appeals court judges who said texters who send messages to someone they know is driving have a responsibility to other drivers.

“It is a sad state of affairs when a court believes that someone sending a text message can be held accountable if they have a special reason to know the recipient will be driving a vehicle and then read the message,” Casagrande said. “This legislation puts the responsibility where it belongs – in the front seat with the driver – not with the sender who can be held culpable for something beyond their control.”

Last week’s ruling was the result of an appeal by a couple who were riding a motorcycle through Morris County in September 2009 when they collided with a pickup truck that had just crossed over a double center line. The couple, David and Linda Kubert, each lost a part of a leg in the crash.
They sued driver Kyle Best of Wharton and Shannon Colonna, who sent Best a text message moments before the accident.

A three-judge panel tossed out claims against Colonna, saying there was no evidence to suggest she knew Best was driving. However, two members of the appellate panel said...
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Saturday, September 7, 2013

Will Labor's Marriage With Industry Result in A Major Workers' Compensation Opt-Out Movement?

The recent emergence of an effort to create mandatory plant representation by organized Labor might be just the thing that tips traditional workers' compensation programs into oblivion. Emerging out of a recent unwinding of the economy, and failed welfare and retirement programs, is an effort to reorganize the US manufacturing sector.

"Volkswagen is working with the United Automobile Workers at its Chattanooga, Tenn., assembly plant on how to unionize the plant and create a German-style works council there, the president of the labor union said on Friday."

Read the complete article, "VW and Its Workers Explore a Union at a Tennessee Plant" (NY Times)

Preventing Occupational Heart Fatalities

The US CDC has published a report on co-morbidity factors that precipitate fatal heart disease. This is yet another case why "wellness examinations" and prevention should be integrated into workers' compensation insurance coverage, especially in light of an aging workforce. 
Rates* of avoidable death from heart disease,
 stroke, and hypertensive disease,

by county — United States, 2008–2010
Deaths attributed to lack of preventive health care or timely and effective medical care can be considered avoidable. In this report, avoidable causes of death are either preventable, as in preventing cardiovascular events by addressing risk factors, or treatable, as in treating conditions once they have occurred. Although various definitions for avoidable deaths exist, studies have consistently demonstrated high rates in the United States. Cardiovascular disease is the leading cause of U.S. deaths (approximately 800,000 per year) and many of them (e.g., heart disease, stroke, and hypertensive deaths among persons aged <75 years) are potentially avoidable.
National Vital Statistics System mortality data for the period 2001–2010 were analyzed. Avoidable deaths were defined as those resulting from an underlying cause of heart disease (ischemic or chronic rheumatic), stroke, or hypertensive disease in decedents aged <75 years. Rates and trends by age, sex, race/ethnicity, and place were calculated.
In 2010, an estimated 200,070 avoidable deaths from heart disease, stroke, and hypertensive disease occurred in the United States, 56% of which occurred among persons aged <65 years. The overall age-standardized death rate was 60.7 per 100,000. Rates were highest in the 65–74 years age group, among males, among non-Hispanic blacks, and in the South. During 2001–2010, the overall rate declined 29%, and rates of decline varied by age.
Nearly one fourth of all cardiovascular disease deaths are avoidable. These deaths disproportionately occurred among non-Hispanic blacks and residents of the South. Persons aged <65 years had lower rates than those aged 65–74 years but still accounted for a considerable share of avoidable deaths and demonstrated less improvement.

Friday, September 6, 2013

Determinants of Respirable Crystalline Silica Exposure Among Stoneworkers Involved in Stone Restoration Work

Today's post was shared by WCBlog and comes from annhyg.oxfordjournals.org


Objectives: Crystalline silica occurs as a significant component of many traditional materials used in restoration stonework, and stoneworkers who work with these materials are potentially exposed to stone dust containing respirable crystalline silica (RCS). Exposure to RCS can result in the development of a range of adverse health effects, including silicosis and lung cancer. An understanding of the determinants of RCS exposure is important for selecting appropriate exposure controls and in preventing occupational diseases. The objectives of this study were to quantify the RCS exposure of stoneworkers involved in the restoration and maintenance of heritage properties and to identify the main determinants of RCS exposure among this occupational group.

Methods: An exposure assessment was carried out over a 3-year period amongst a group of stonemasons and stone cutters involved in the restoration and maintenance of heritage buildings in Ireland. Personal air samples (n = 103) with corresponding contextual information were collected. Exposure data were analysed using mixed-effects modelling to investigate determinants of RCS exposure and their contribution to the individual’s mean exposure. Between-depot, between-worker, and within-worker variance components were also investigated.

Results: The geometric mean (GM) RCS exposure concentrations for all tasks measured ranged from <0 data-blogger-escaped-.02="" data-blogger-escaped-0.70mg="" data-blogger-escaped-m="" data-blogger-escaped-sup="" data-blogger-escaped-to="">−3. GM RCS exposure concentrations for work involving limestone and lime mortar were <0 data-blogger-escaped-.02="" data-blogger-escaped-m="" data-blogger-escaped-mg="" data-blogger-escaped-ndash="" data-blogger-escaped-sup="">...
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