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

Saturday, September 14, 2013

N.Y. AG announces order against major tobacco companies

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


New York Attorney General Eric Schneiderman announced Thursday that a panel of arbitrators threw out an $800 million claim brought by major tobacco companies against New York state.
Schneiderman

The arbitrators ordered the tobacco companies, known collectively as Big Tobacco, to pay New York state more than $92 million in money the companies allegedly withheld from their 2003 annual payment due under the 1998 tobacco Master Settlement Agreement. The arbitration panel rejected Big Tobacco’s demand for a significant reduction in its annual payment to New York.

The claim alleged that New York state was not in full compliance with agreement obligations related to the taxation of cigarettes to or on Indian reservations. Consequently, Big Tobacco alleged the state was not entitled to its complete payment. The arbitrators denied the claim, which could protect the state from billions of dollars in future claims.
“This ruling is a huge victory for all New Yorkers, and I applaud the panel for denying Big Tobacco’s efforts to avoid responsibility for illnesses caused by cigarettes-and paid for by taxpayers,”

Schneiderman said. “Big Tobacco companies contribute to the deaths of thousands of people every year, in large part by luring more and more young people onto cigarettes. Finally, these companies will be required to reimburse the state for money spent treating New Yorkers made ill by their deadly product.”
In...
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Exxon Mobil subsidiary charged for wastewater spill in Pennsylvania

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


Photo source or descriptionPennsylvania Attorney General Kathleen Kane [official website] filed criminal charges on Tuesday against XTO Energy, an Exxon Mobil [corporate websites] subsidiary based in Fort Worth, Texas, related to a spill of more than 50,000 gallons of chemical-laced wastewater in 2010.

Having already been fined $100,000 by the Environmental Protection Agency (EPA) [official website] and the Department of Justice (DOJ) [official website] in July, XTO claims that the polluting of a Susquehanna River tributary [Reuters report], located near the company's water recycling plant in Lycoming County, Pennsylvania, was an accident. On Tuesday, XTO was charged under the state's Clean Streams Law [text, PDF] and Solid Waste Management Act [text, PDF], both of which carry prison sentences as possible punishment.

According to XTO [press release], "The criminal charges filed by the Attorney General are unprecedented and an abuse of prosecutorial discretion." XTO admitted no wrongdoing [WSJ report] as part of the settlement with the EPA and DOJ.

The Exxon Mobil Corp. has previously faced allegations of improper conduct. In 2011 the US District Court for the District of Alaska refused to reopen [JURIST report] the $900 million settlement agreement that was reached in 1991 following the infamous Exxon Valdez oil spill [BBC backgrounder; JURIST news archive] of 1989. Following similar attempts to reopen the settlement [JURIST report] by the US and Alaskan government in 2006, the US Supreme...

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More than 1,100 have cancer after 9/11


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

Reggie Hilaire was a rookie cop on September 11, 2001.

He worked at ground zero for 11 days beside his colleagues -- many of them, including Hilaire, not wearing a mask. He was later assigned to a landfill in Staten Island, where debris from the World Trade Center was dumped.

For about 60 days between 2001 and 2002, the New York police officer was surrounded by dust.

In 2005, Hilaire was diagnosed with thyroid cancer. He underwent surgery and radiation. Just months later his doctor told him he also had multiple myeloma, a blood cancer that multiplies the body's plasma cells to dangerous levels.

It's a cancer that usually strikes much later in life. Hilaire was 34.

More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention.

A few months ago Hilaire received a letter from the CDC's National Institute for Occupational Safety and Health, officially offering him medical insurance under the World Trade Center Health Program. About 1,140 people have been certified to receive cancer treatment under the WTC Health Program, a representative told CNN.

These are the first numbers released since the program was expanded a year ago.

In September 2012, federal health authorities added 58 types of cancer to the list of covered illnesses for people who were exposed to toxins at the site of the World Trade Center in the aftermath of the 9/11 attacks.

Dr. John Howard,...

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Found on



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NJ Court Sets the Evidentiary Proof Standard for a Pulmonary - Cardiovascular Claim (workers-compensation.blogspot.com)
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The Public and the Conflict over Future Medicare Spending

Medicare will govern the at least the cost of workers' compensation medical delivery benefits. Today's post was shared by NEJM and comes from www.nejm.org


Two recent government reports show substantial short-term improvements in the financial outlook for Medicare and in the federal budget deficit.1,2 However, these forecasts also suggest the need for further action brought about by a worsening of the financial situation after 2015 as the number of Medicare recipients increases from 52 million to 73 million in the decade following.1-3 This issue is likely to receive considerable attention in the upcoming debate about the federal budget deficit and the national debt.

As we reported in the Journal in 2011, there has been little public support for major policy changes aimed at reducing Medicare spending to lower the federal deficit.4 This article goes further and seeks to document the underlying beliefs that may shape the public response to future efforts to substantially slow projected Medicare spending. Our thesis is that there exists today a wide gap in beliefs between experts on the financial state of Medicare and the public at large. Because of the potential electoral consequences, these differences in perception are likely to have ramifications for policymakers addressing this issue.

We examine this thesis by analyzing data from six public opinion polls conducted in 2013 with 1013 to 2017 U.S. adults, plus historical data, in a project supported by the Robert Wood Johnson...

Robert J. Blendon, Sc.D., and John M. Benson, M.A.

N Engl J Med 2013; 369:1066-1073September 12, 2013DOI: 10.1056/NEJMsr1307622
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CA's New Rate Filing Reflects Uncertainty

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


The political grandstanding that is typical this time of year when the California Workers' Compensation Insurance Rating Bureau publishes is pure premium rate request should be boisterous.
The WCIRB's Governing Committee yesterday voted unanimously to approve a 2014 advisory pure premium rate of $2.70 per $100 of payroll.

This is 3% more than the $2.62 rate the committee approved in August and is 6.9% higher than the average insurer filed rate of $2.53.

And even then rates may be inadequate to cover loss developments according to members.
The combined ratio remains well north of 100%.

Much of the uncertainty stems from the pending conversion to the Resource Based Relative Value Scale for physician reimbursement.

Estimates on the impact of the conversion range from no impact to an increase of up to several hundred million dollars.

The reason for the vagueness is that there are codes in the current system that have not yet been "cross talked" to the RVRBS.

Adding to the complexity is that for unknown reasons claim frequency has been climbing.
Increased frequency and medical loss-cost development that was observed in data collected through the end of June accounts for more than two-thirds of the proposed rate increase. (About 2% of the increase for 2014 is attributed to higher permanent disability benefits.)

Some suspect this is due to resolution of complex older claims that had been languishing because of Medicare set-aside requirements as well as the nature of the injuries.
Since...
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Cambridge Metal & Plastics Recalls Motorcycle Training Wheels Due to a Crash Hazard


Today's post was shared by U.S. CPSC and comes from www.cpsc.gov

Motorcycle dealerships nationwide and at Mooseracing.com, Parts-unlimited.com and other online retailers from July 2012 through June 2013 for about $130.
Manufacturer
Cambridge Metals & Plastics, a Division of Water Works Manufacturing Inc., of Cambridge, Minn.
DLeMans Corporation Inc., of Janesville, Wis.
Manufactured in
United States

The U.S. Consumer Product Safety Commission (CPSC) is still interested in...
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EPA Web Tool Expands Access to Scientific, Regulatory Information on Chemicals

Today's post was shared by US EPA News and comes from yosemite.epa.gov


The U.S. Environmental Protection Agency (EPA) has launched a web-based tool, called ChemView, to significantly improve access to chemical specific regulatory information developed by EPA and data submitted under the Toxic Substances Control Act (TSCA).

“This online tool will improve access to chemical health and safety information, increase public dialogue and awareness, and help viewers choose safer ingredients used in everyday products,” said James Jones, assistant administrator for the Office of Chemical Safety and Pollution Prevention

“The tool will make chemical information more readily available for chemical decision-makers and consumers.”The ChemView web tool displays key health and safety data in an online format that allows comparison of chemicals by use and by health or environmental effects. 

The search tool combines available TSCA information and provides streamlined access to EPA assessments, hazard characterizations, and information on safer chemical ingredients. Additionally, the new web tool allows searches by chemical name or Chemical Abstracts Service (CAS) number, use, hazard effect, or regulatory action. 

It has the flexibility to create tailored views of the information on individual chemicals or compare multiple chemicals sorted by use, hazard effect or other criteria. The new portal will also...
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Listen to the GAO Podcast: Social Security Administration Improper Disability Insurance Payments

Social Security Administration Improper Disability Insurance Payments



SSA's DI program is the nation's largest cash assistance program for workers with disabilities. Though program rules allow limited work activity, some work activity indicates beneficiaries are not disabled and therefore not entitled to DI benefits. Consequently, SSA might overpay beneficiaries if the agency does not detect disqualifying work activity and suspend benefits appropriately.

GAO was asked to study potential DI overpayments. GAO examined the extent to which
 (1) the NDNH indicates that individuals received potential DI overpayments; and 
(2) SSA's enforcement operation detects potentially disqualifying work activity during the waiting period
GAO drew random, generalizable samples of individuals from those whose earnings on the NDNH were beyond program limits and compared wages from their employers to DI program data to identify potential overpayments. To illustrate the circumstances in which SSA made potential DI overpayments, GAO reviewed case files for a nongeneralizable selection of six individuals--three who worked during their waiting period, and three who received potential overpayments for at least 3 years.
Recommendation: To improve SSA's ability to detect and prevent potential DI cash benefit overpayments due to work activity during the 5-month waiting period, the Commissioner of Social Security should assess the costs and feasibility of establishing a mechanism to detect potentially disqualifying earnings during all months of the waiting period, including those months of earnings that the agency's enforcement operation does not currently detect and implement this mechanism, to the extent that an analysis determines it is cost-effective and feasible.
Related articles

Friday, September 13, 2013

Hacking the Affordable Care Act

Workers' Compensation is really "married" to the Affordable Care Act (AFA). As that law is modified so will workers' compensation medical delivery. Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com

By ROGER COLLIER


It may say something about expectations for the Affordable Care Act that the simplistic “just repeal Obamacare” cries of Congressional Republicans are starting to be supplemented by proposals for its replacement.


The most detailed so far is from the conservative American Enterprise Institute, which has published an unexpectedly non-doctrinaire study authored by Harvard professor Michael Chernew and seven other respected academics.


It’s far from perfect, but it’s worth reading.
Structural details of the AEI proposal, modestly titled “Best of Both Worlds,” aren’t always clear (page 1 lists four “principles,” page 5 lists five “priorities”, and page 16 lists three “major planks”), but it does attempt a bipartisan approach, combining ideas from left and right.

Some of these ideas have been contained in other proposals, such as those of Wyden and Bennett and Fuchs and Emanuel (which may damn the AEI proposal in right-wing eyes), and most recently in a THCB piece by Martin Gaynor. They include the elimination of the employer coverage tax preference, the provision of “premium support” subsidies for most individuals, and the establishment of a national insurance exchange. Together, they are designed to encourage individual choice and responsibility and to maximize competition between insurers, while removing some of the inequities of the present system (and of the ACA).

The AEI...
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Drive Safely Work Week

Transportation accidents occurr at some of the highest rates while working. Today's post was shared by NIOSH Transportation and comes from trafficsafety.org


Welcome to Drive Safely Work Week (DSWW) 2013— Gear Up For Safe Driving: Mind • Body • Vehicle.

This year's campaign takes a holistic approach to safe driving that highlights how being at your physical and mental best—along with the "health" of your vehicle—are all connected in making us safer drivers.
Among other things, the campaign materials cover:
  • Tips for getting better sleep;
  • The importance of regular vision screening;
  • Strategic ways to use rest breaks to sustain energy and focus; and
  • Making sure drivers have the right fit to their vehicle and that the vehicle is fit for a safe trip.
Simple, actionable steps are provided to help employees be at their best behind the wheel of a well-maintained vehicle.
In the U.S. alone, employers have the opportunity to directly reach more than half of the driving population—even more when information is extended to employee family and community members. Working together, we can significantly reduce the number of traffic crashes and injuries that impact our workforce, members of our families and communities worldwide.
Thank you for downloading the 2013 DSWW campaign. We appreciate your partnership with us to help make a difference in the lives of people around the world.
Safe travels,
Sandra Lee
NETS Chair
Director, Worldwide Fleet Safety
Johnson & Johnson
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Thursday, September 12, 2013

EPA Orders Public Water System on Indian Reservation in Riverside County to Address Arsenic in Drinking Water

Today's post was shared by US EPA News and comes from yosemite.epa.gov

The U.S. Environmental Protection Agency last week ordered D&D Mobile Home Park to address violations of the Safe Drinking Water Act. D&D, located on the Torres Martinez Desert Cahuilla Indian Reservation in Riverside County, was found to have high levels of arsenic in its public system that provides drinking water to its 300 mobile park residents.

The order requires D&D to come into compliance with the arsenic drinking water standard as well as conduct more consistent arsenic monitoring.Sampling data showed arsenic at concentrations as high as 0.059 milligrams per liter—almost six times the EPA’s maximum contamination levels for arsenic. Sampling data also showed the presence of coliform bacteria. D&D is a privately owned and operated system on the Indian Reservation. 

The order requires D&D to submit, within 90 days, a written plan for EPA review that will demonstrate the mobile park’s strategy to bring the water system into compliance with the federal arsenic standard by December 31, 2014. Quarterly arsenic water sampling is also required. 

The penalty for not complying with the terms of the order can be up to $37,500 per day based on federal statutory law.

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Getting While the Getting Is Good

Preparing for disability can only go so far. Sometime pre-emptive action needs to be taken. This is an example of what aging workers need to consider. Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com


“Don’t wait for a crisis,” I told a friend whose elderly parents were struggling to care for themselves and a big Connecticut home.

“Don’t wait for a crisis,” I told another friend, his mother recently widowed, lonely and overwhelmed, rattling around in a family house that was now her solo responsibility.

“Don’t wait for a crisis,” I told a third friend, whose widowed father-in-law dropped his daily insulin regimen after his live-in girlfriend left him.

“Don’t wait for a crisis,” I’ve told readers of “The New Old Age,” no doubt ad nauseam.
As just about everyone who has cared for an aging parent knows, getting old is both an inexorable and maddeningly unpredictable forward march. Everything is OK. Then it’s not. Then it is again. What felt early on like a roller coaster becomes the new normal. In between swerves and plummets, it is almost possible to doze off.

And planning for all possible eventualities is useless — after the essential documents are in place, the family has talked openly and often about end-of-life wishes, they understand the difference between Medicare and Medicaid, they know how much money is available and that it is probably not going to be enough.

Caregivers and their elderly charges both know, in a spoken or unspoken way, that on the horizon is The Crisis. That’s the one that demarcates “before” and “after.” Your parents...
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Deadline for Filing 9-11 Claims Approaches - Cancer Claims Soar

As the October 3, 2013 deadline for filing 9-11 World Trade Center claims for benefits approaches, an increase in the number of claims flowing from cancer continue to soar. Over 1,100 cancer claims have been filed to date.

"More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention."

Click here to read the compete article from CNN.

Click here for more information about filing a claim. 

….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

After West disaster, News study finds U.S. chemical safety data wrong about 90 percent

Even the best national data on chemical accidents is wrong nine times out of 10.

A Dallas Morning News analysis of more than 750,000 federal records found pervasive inaccuracies and holes in data on chemical accidents, such as the one in West that killed 15 people and injured more than 300.

In fact, no one at any level of government knows how often serious chemical accidents occur each year in the United States. And there is no plan in place for federal agencies to gather more accurate information.

As a result, the kind of data sharing ordered by President Barack Obama in response to West is unlikely to improve the government’s ability to answer even the most basic questions about chemical safety.

“We can track Gross National Product to the second and third decimal, but there is no reliable way of tracking even simple things like how many [chemical] accidents happen,” said Sam Mannan, a nationally recognized expert on chemical safety who recently testified before a congressional hearing on West.

“This is just scandalous.”

After the West explosion in April, The News asked a simple question: How often do serious or potentially serious industrial chemical accidents occur in Texas and nationwide? After scouring the four federal databases with the most comprehensive information available on chemical safety, The News concluded that there was no way to know.

For a recent four-year period, the paper managed to confirm at least...

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Tuesday, September 10, 2013

Law Will Shift Demographics For Medicaid Toward Healthier Group, Study Finds

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

The health law is expected to change the face of Medicaid – literally.

As part of the federal overhaul, some states have opted to expand in January this state-federal health insurance program for low income people to include Americans who earn as much as 138 percent of the federal poverty line (just under $16,000 for an individual in 2013). As a result, the new enrollees will include more white, male and healthy individuals than those eligible before the Affordable Care Act expansion, according to a study in the Annals of Family Medicine.
Using statistics from the National Health and Nutrition Examination Survey, the authors found that the group of newly eligible individuals is:
  • About 36 years old on average, compared with about 39 years old for the current enrollees.
  • Approximately 59 percent non-Hispanic white, compared with about 50 percent in the existing group.
  • Equally split between males and females, compared with about 67 percent female and 33 percent male in the current Medicaid population.
  • More likely to smoke and drink, but also more likely to have lower rates of obesity and diabetes.
The University of Michigan researchers hope the information will help inform health providers and policy makers who are gearing up to plan for the more than 13 million adults potentially eligible for Medicaid after Jan. 1.
“It’s really a game changer,” said Dr. Tammy Chang, a lead author of the report. “A lot of providers think of Medicaid...
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Nurse Practitioners Try New Tack To Expand Foothold In Primary Care

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


Nurse practitioners say efforts to expand primary care to millions of Americans under the health law are hampered by insurance industry practices that limit or exclude their participation.

Despite laws in 17 states and the District of Columbia allowing them to practice independently, nurses with advanced degrees say some insurers still don’t accept them into their credentialed networks as primary care providers, while others restrict them mainly to rural areas.

After years of fighting doctors in state legislative battles to expand their authority, nurse practitioners are taking a new tack: asking the Obama administration to require insurers to include them in the plans offered to consumers in new online marketplaces, which open for enrollment Oct. 1.

Millions of newly insured consumers will need access to primary care, but "this will not happen if private insurers continue to exclude or restrict advanced practice registered nurses from their provider networks," said Karen Daley, president of the American Nurses Association (ANA), in a prepared statement.

Nurse advocates want to be able to bill insurers directly for services, which would require them to be credentialed in insurers’ networks. But insurers say a mix of state laws governing nurses’ ability to practice independently complicates such efforts. They say they have taken other steps to expand primary care services, often using nurse practitioners in "medical homes," where doctors, nurses and other...
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New Concerns on Robotic Surgeries

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


A technologist with the da Vinci surgical system, which has  been criticized in a series of reports.
A technologist with the da Vinci surgical system, which has been criticized in a series of reports.

Mike Spencer/Wilmington Star-News, via Associated PressA technologist with the da Vinci surgical system, which has  been criticized in a series of reports.

In early March 2009, Erin Izumi, a woman in her 30s from Tacoma, Wash., underwent robotically assisted surgery to treat endometriosis.
The operation at St. Joseph Medical Center dragged on for nearly 11 hours.
Ten days later, Ms. Izumi was rushed to an emergency room, where doctors discovered that her colon and rectum had been torn during the operation. She was hospitalized for five weeks, undergoing a series of procedures to repair the damage, including a temporary colostomy, according to her attorney Chris Otorowski.

But even though medical device manufacturers and hospitals are required to report every device-related death and serious injury to a database maintained by the Food and Drug Administration within 30 days of learning about an incident, no report about the case was made in 2009. Hospital officials declined to comment, and a spokeswoman for the manufacturer said it became aware of the incident only when Ms. Izumi filed a lawsuit. It disputed the claim and settled the case in May 2012.

That was not the only lapse in reporting problems with robotic surgical equipment, a new study has found.

The equipment, called the da Vinci system, is made by Intuitive Surgical Inc. of Sunnyvale, Calif. It has been on the...
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Looking for Furloughs in the Jobs Data

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


The number of workers on federal government payrolls has fallen only 55,000 since January, which might lead you to conclude that the sequester has not had much impact on federal employment. But the number of federal employees who report working part time because they cannot get full-time hours — a sign they might be on furlough — remains high.

The number of these “involuntary part-timers” was 144,000 in August. That is more than twice the number of involuntary part-timers in the federal government in 2012 and in 2011.

(The numbers are not seasonally adjusted, so it’s best to use year-over-year comparisons rather than the change from one month to the next.)

How furloughs are executed varies by government agency and department; in some cases workers must take one unpaid leave day each week, and in others they might be able to take their furlough days consecutively (in which case affected workers would report they didn’t work at all, not that they worked short hours). As a result, the numbers above might understate how many federal workers were furloughed in August.

For comparison, the number of involuntary part-time workers was actually down year-over-year in the private sector, as Jason Furman, the chairman of the Council of Economic Advisers, noted in a blog post:
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