Many Cancer Patients Overtreated In Final Days

Cancer care for injured workers' is extremely costly. The final year of life equates to a large proportion of medical costs. Ehical and moral factors enter into the balance for spending deicision though. Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

While most older people say they don't want aggressive care at the end of life, many get it anyway. Care in the last month of life for Medicare patients with advanced cancer typically is even more aggressive in the Philadelphia area than in the nation as a whole, concludes a report from the Dartmouth Atlas of Health Care, which studies regional differences in care. It released a report last week that showed the percentage of cancer patients who died in hospitals in 2010, or were hospitalized or in an intensive care unit in their last month. Oddly, participation in hospice, which should relieve symptoms rather than prolong life, is above average in the Philadelphia area. Throughout the nation, though, the average patient waits until the last week or two to join hospice. The Dartmouth researchers believe the regional variations reflect differing physician practices and available resources rather than patient preferences or quality. The conclusion is that many patients here are being overtreated and are not communicating well with doctors, said David Goodman, coprincipal investigator of the Dartmouth Atlas. "I think most people would agree that most health-care systems have got some real work to do," he said. "Patients have no idea what is the style of care in the place that they're receiving care, and it's not easily identifiable." He said doctors find it hard to pull back as their patients worsen. The study included hospitals that cared for at least 80 Medicare patients...

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U.S. Textile Plants Return, With Floors Largely Empty of People

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

The old textile mills here are mostly gone now. Gaffney Manufacturing, National Textiles, Cherokee — clangorous, dusty, productive engines of the Carolinas fabric trade — fell one by one to the forces of globalization. Just as the Carolinas benefited when manufacturing migrated first from the Cottonopolises of England to the mill towns of New England and then to here, where labor was even cheaper, they suffered in the 1990s when the textile industry mostly left the United States. It headed to China, India, Mexico — wherever people would spool, spin and sew for a few dollars or less a day. Which is why what is happening at the old Wellstone spinning plant is so remarkable. Drive out to the interstate, with the big peach-shaped water tower just down the highway, and you’ll find the mill up and running again. Parkdale Mills, the country’s largest buyer of raw cotton, reopened it in 2010. Bayard Winthrop, the founder of the sweatshirt and clothing company American Giant, was at the mill one morning earlier this year to meet with his Parkdale sales representative. Just last year, Mr. Winthrop was buying fabric from a factory in India. Now, he says, it is cheaper to shop in the United States. Mr. Winthrop uses Parkdale yarn from one of its 25 American factories, and has that yarn spun into fabric about four miles from Parkdale’s Gaffney plant, at Carolina Cotton Works. Mr. Winthrop says American manufacturing has several...

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Workplace Stress, Depression, and the Overuse of Antidepressant Drugs in the Workplace

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

Medication side effects are the #4 leading cause of death in the U.S. annually (JAMA 1998). Yet, few people receive adequate information when medication is prescribed. This website is dedicated to providing information to help you and your doctor make informed, intelligent choices about medications and natural alternatives to maximize the benefits and minimize the risks of treatment. An Interview with Dr. Richard Lippin, an Expert on Occupational and Environmental Medicine Dr. Cohen: Dr. Lippin, for many years you have been concerned about stress and depression in the workplace and the use of antidepressants medications.  Why? Dr. Lippin: As an administrator and doctor in occupational health settings for over 30 years, I've seen many depressed workers.  This is a huge, growing, well-documented problem.  Of the 47 million Americans who suffer from depression, probably over 70% or about 33 million are part of the nation's workforce.  Depression costs employers $44 billion a year in lost productive time...

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Details Lacking on Prescription Drug Coverage in New Health Law

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

Among the most troubling questions facing consumers as they shop for insurance under the Obama administration’s new health care law is whether the plans will cover the drugs they take — and how much they will have to pay for them. But with less than two weeks remaining until enrollment opens on Oct. 1, the answers are still elusive and anxiety is growing for consumers whose well-being depends on expensive medications. States running the marketplaces where the plans will be offered have not released details about which drugs will be covered. Insurers have said little about how much consumers will be asked to contribute or what types of restrictions will be placed on certain medicines. Of the few states that have revealed specifics, some have plans that will require patients to contribute as much as 50 percent of the cost of the most expensive drugs. “I’ve got to be honest and say I’m a little bit nervous,” said Jessica Thomas, a mental health counselor in North Carolina who takes the drug Tecfidera to treat her multiple sclerosis. Ms. Thomas, 34, has been enrolled for two years in a program for people with expensive medical conditions that is run by North Carolina. But that program is ending in December, and she must select a new plan in the state marketplace. At the top of her mind is how much she will have to pay for Tecfidera, which costs more than $4,000 a month. “I think that’s the hard thing right now is that it’s...

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Labor Dept. Mandates Minimum Wage, Overtime Pay For Home Health Workers

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

The U. S. Department of Labor issued new rules Tuesday that mandate home health care agencies pay their workers the minimum wage and receive overtime pay starting in 2015. "Almost 2 million home care workers are doing critical work, providing services to people with disabilities and senior citizens who want to live in community settings and age in place in their familiar surroundings," said Secretary of Labor Thomas Perez.  But when it comes to getting paid, they are "lumped into the same category as teenage babysitters," he said. "This is wrong and this is unfair."  For nearly 40 years, home care workers had been exempted from the pay rules because their services were considered "companionship." But advocates, including organized labor organizations, had argued that these workers were often doing much more, providing assistance with dressing, eating and other daily activities. The decision extends the Fair Labor Standards Act’s minimum wage requirements, currently at least $7.25 an hour, to direct care workers, including home health aides, personal care aides and certified nursing assistants, according to a Labor Department statement.  "This is a tremendous victory for home care aides, a workforce earning near-poverty wages while providing vital personal care and health-related services to America’s elders and people living with disabilities," said Jodi M. Sturgeon, president of Paraprofessional Healthcare Institute (PHI National), an advocacy...

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Parma considering following Cleveland in suing Ohio Bureau of Workers' Compensation over inflated premiums

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

Parma is considering pursuing legal action against the Ohio Bureau of Workers' Compensation for allegedly inflated premiums. PARMA, Ohio -- The city is considering following Cleveland's lead in filing suit against the Ohio Bureau of Workers' Compensation for allegedly inflated premiums. The Cleveland lawsuit, filed in Cuyahoga County Common Pleas Court June 28, argues that the bureau billed the city excessive workers' compensation insurance premiums for many years. Meanwhile, public employers that qualified for group rates were being inequitably undercharged, the complaint states. Cleveland is seeking repayment from the bureau of premium overcharges. Parma Law Director Tim Dobeck said the city, which does not qualify for the discounted group premium rates, was approached by Cleveland-based law firm Bashein & Bashein regarding taking action against the bureau. He said he believes the city may be asked to serve as the representative plaintiff in a class-action lawsuit brought by several communities. Dobeck was not able to provide an estimate as to how much in repayment the city may be entitled to. A request for comment from Bashein & Bashein was not immediately returned. The Cleveland lawsuit, and potential Parma-led class action, comes on the curtails of a March ruling that awarded 264,000 Ohio private employers a total of $859 million from the bureau following a lawsuit contending similar premium overcharges. That decision is being appealed by the bureau.

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Medical Transparency: Resistance is Futile

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

John Green, one of the vlogbrothers, posted a video blog on YouTube that so far has racked up over 2 million views, entitled "Why Are American Health Care Costs So High?" The bottom line take-away from this manic, though entertaining (and I assume accurate) review of the United States health care system is the reason why costs are so much higher in the US compared to the rest of the world is ... Because they can... John argues that there is no central pricing control like other countries, that consumers will pay whatever they are charged because, basically, they don't know any better, and there is no transparency in health care pricing. Maybe that's true. I don't know, I'm no expert on health care costs, or health care for that matter - hell, I'm no expert on anything. But it does make sense that health care pricing should be a factor in most medical care decision situations where there is time to make an informed judgment about a procedure - which is most of the time. Some medical businesses are starting to advertise their prices and it's causing some debate in medical circles. The Surgery Center of Oklahoma, owned by its roughly 40 surgeons and anesthesiologists, drew national interest and sparked a bidding war as several other medical facilities in Oklahoma posted their prices according to media reports. Pricing transparency is gaining momentum. North Carolina passed a law requiring hospitals to provide prices on 140 common medical procedures and services. In May, the federal...

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Shimano American Recalls Disc Brake Calipers Due to Collision Hazard

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

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product. Recall Details In conjunction with Units About 6,600 in U.S. and 704 in Canada Description This recall includes all Shimano BR-CX75 aftermarket disc brake calipers and BR-R515 disc brake calipers installed on road and cyclocross bicycles sold by other manufacturers including BMC, Giant, Ibis, Raleigh, Shinola, Specialized and Volagi. “Shimano,” “China” and the model number are embossed on the outside of the brake caliper. Both models have either black or silver finishes.    Incidents/Injuries None reported.   Remedy Consumers should immediately stop using the bicycles with recalled Shimano brakes and contact a Shimano authorized dealer to receive a free installation and replacement of the calipers.    Sold at Bicycle specialty stores and dealers nationwide from February 2012 through May 2013 for about $75 for the BR-CX75 model disc brake calipers and the BR-R515 model disc brake calipers price was included in the cost of the bicycles where installed. Manufacturer Shimano American Corporation, of Irvine, Calif.  Manufactured in China The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the...

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Feds add prostate cancer to list of 9/11 health-related conditions

Today's post was shared by Pasternack Tilker Ziegler Walsh Stanton & Romano and comes from www.nydailynews.com

Prostate cancer has been added to the list of World Trade Center-related health conditions. The federal Department of Health and Human Services added the cancer to its register Thursday after being petitioned by the Patrolmen’s Benevolent Association, the city police officers union. The union cited a scientific study that found a 17% greater than expected rate of prostate cancer among first responders. The addition will cost the WTC Health Program an estimated $3 million to $6 million a year. “It’s a minor victory for the 9/11 community and a huge victory for those with prostate cancer,” said John Feal, who advocated for the Zadroga 9/11 health bill, named for NYPD officer James Zadroga, who died of respiratory problems following his rescue efforts at Ground Zero. Corinne Lestch

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Prostate Cancer: Now on the 9-11 Fund Compensable List

Prostate Cancer has now been approved as a compensable condition for benefits for those who are eligible to claim benefits from the 9-11 Health Claim Fund. The deadline to claim benefits for some, October 3, 2013, is rapidly approaching.

Click here for more information for 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.

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What is the Date Last Insured, and Why Does it Matter?

Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

A person who has been out of the labor market for quite some time before he applies for Social Security Disability (SSD) may find that his application for benefits is rejected because he cannot prove he became disabled before his date last insured.  

In order to qualify for benefits in the first place, a person must pay Social Security taxes long enough to have insured status. When the individual stops working and therefore stops paying into the system, eventually he will hit his date last insured and lose his insured status. It is a little like a private insurance policy: when you stop paying the premiums, you no longer are covered by the policy.  For a person who has work steadily in his lifetime, the date last insured is arrived at and insured status lapses about five years after stopping work.

 The Social Security Administration has another program for the medically disabled called Supplemental Security Income (SSI) where there is no date last insured rule, but there are other program requirements and limitations. In a future article, we will explore the differences between the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs.   

     As an example of how the date last insured issue can prevent a person from getting Social Security Disability (SSD) benefits, consider the case of a 35 year-old woman who has worked steadily since her late teens. She and her husband have twins when she is in her mid-30s. There are a lot of late night feedings and diapers to change! She stays home to take care of the twins while her husband continues to work to support the family. When the twins turn five, she begins to think about returning to work, perhaps when they go into first grade a year or so later. Five years has passed, and she reaches her date last insured. She loses her insured status and has not yet returned to work. When the twins turn six, she gears up her job search, but has not yet re-entered the labor market. Then medical catastrophe strikes: she has a very disabling stroke – unusual in a person this young, but not unheard of. She clearly cannot work. She applies for Social Security Disability and is turned down because she did not become disabled before her date last insured. Unlike the Social Security Retirement program, where it is possible to collect Social Security Retirement (SSR) benefits on the earnings record of one’s spouse, the Social Security Disability program only allows for benefits to be paid on the basis of one’s own earnings record.

     Consider another scenario with this family of four. When the twins are three, mom is diagnosed with Multiple Sclerosis. This condition can progress slowly or more quickly. In her case, she suffers a fairly quick progression of symptoms. By the time the twins are six and going into first grade, she is ready to return to work, except that she is suffering a variety of MS symptoms, including the profound fatigue that is experienced by many with this disease. Her combination of symptoms prevents her from working, so she applies for Social Security Disability. She passed her date last insured when the twins turned five. Will she get benefits? That depends. She certainly can apply for benefits after her date last insured, but she must be able to show that her symptoms had become sufficiently severe to prevent her from working before her date last insured. We have handled many cases where the individual is out past his or her date last insured. The key is to obtain all of the medical records that help to document the seriousness of the medical condition before that date last insured. Sometimes these can be buttressed with statements from family members or close friends who were in a position to observe at close range how seriously the person’s medical condition was affecting her functioning prior to the date last insured. In the case above, a statement from the husband likely would be helpful.

     The Social Security Administration has another program for the medically disabled called Supplemental Security Income (SSI) where there is no date last insured rule, but there are other program requirements and limitations. In a future article, we will explore the differences between the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs. 

Photo credit: Јerry / Foter.com / CC BY

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Medical Costs Still Treading Upward

The cost of medical treatment in workers' compensation claims, despite a resumed trend in lower claims, is continuing to increase.

View complete report: NCCI Workers Compensation Claim Frequency—2013 Update 

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Oklahoma Work Comp Opt-Out System Under Legal Attack

The recently enacted, and high innovated cost-savings opt-out program in Oklahoma workers' compensation has come under direct legal attack as being unconstitutional.

On Tuesday, Sen. Harry Coates (R-Seminole) joined Rep. Emily Virgin (D-Norman) and the Professional Firefighters of Oklahoma in filing a challenge against the constitutionality of Senate Bill 1062, the workers’ compensation reform bill passed by the legislature and signed by Gov. Fallin during the 2013 legislative session.

“As a longtime businessman, I recognize that it’s necessary to have workers’ compensation rates as low as possible. In fact, I believe we need a workers’ compensation administrative system, just not the unconstitutional and unworkable system created by Senate Bill 1062.

It’s wrong that a fire fighter or any other injured worker should have to pay back benefits after returning to work. This is just one of many problems with this new law.

Instead, I’d support a bill that would give Oklahoma an administrative system like that in Missouri, which is working very well only a few years after being approved by that legislature. Back in 2005 when Missouri went to an administrative system, The Oklahoman advised the Oklahoma legislature to adopt the Missouri workers’ compensation system. That was good advice!

In 2012, the often-quoted Oregon Study showed that while Oklahoma had the sixth highest workers’ compensation rates in the nation, Missouri had one of the lowest rankings at number 36. Oklahoma was 47 percent ABOVE the national median and Missouri was 14 percent BELOW the study median.
Oklahoma needs to pass the Missouri law with no amendments and no changes. Missouri and Oklahoma have similar constitutional provisions regarding injuries, and the Missouri law has already survived constitutional tests. There is no doubt that their administrative system could work in Oklahoma and reduce rates for businesses, small and large.

I appreciate Rep. Emily Virgin and the Professional Firefighters of Oklahoma for joining me in this effort.”

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BP claims investigation finds attorney took $40K kickback in exchange for expediting nearly $8M claim

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

The results of a two-month long investigation into allegations of fraud within the 2010 oil spill settlement program have revealed an alleged kickback scheme enacted by a claims attorney. Lionel Sutton, a former senior attorney within the Court Supervised Settlement Program, or CSSP, is accused of taking a $40,000 referral fee from the Andry Lerner Law Firm and attempted to more quickly resolve a claim worth $7,908,460. The New Orleans firm, which bills itself as “BP Oil Spill Lawyers” on the firm website, is accused of using Sutton’s position within the claims center to make the acceptance of the claim in question faster and easier. Freeh The investigation was headed by ex-FBI Director Louis B. Freeh who was asked to be a special investigator on the case by U.S. District Judge Carl Barbier in early July after claims administrator Patrick Juneau revealed that an internal investigation into the CSSP showed potential conflicts of interest. The $7.9 million claim in question was originally a case handled by Christine Reitano, Sutton’s wife, who shortly after receiving the case became an employee of the claims administration office. Subsequent to her appointment Sutton is alleged to have referred the case to the Andry Lerner Law Firm for a referral fee to be paid to Crown LLC, a water reclamation company he owned and in which Andry Lerner partner Glen Lerner had invested $1 million. Freeh stated in the report that...

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CDC: Antibiotic-resistant bugs sicken 2 million a year

Concern for the spread of infections has lead to a heightened sense of concern in the workplace. New electronic hand washing faucets, and the sprouting up of hand cleansing stations. Workers compensation continue to pay the price for the spread of infections. Today's post was shared by CIDRAP and comes from www.cidrap.umn.edu

The US Centers for Disease Control and Prevention (CDC) said today that antibiotic-resistant pathogens sicken 2 million Americans a year and listed the three most urgent threats as Clostridium difficile, carbapenem-resistant Enterobacteriaceae (CRE), and Neisseria gonorrhoeae. The agency's first all-encompassing report on antibiotic disease threats spans 114 pages and ranks the pathogens in part to spur a multipronged effort to prioritize and battle the problems. Antibiotic-resistant microorganisms play a role in 23,000 deaths each year, the CDC said. At a media briefing today, CDC Director Tom Frieden, MD, MPH, said the landmark report provides a snapshot of the antibiotic-resistant organisms that have the biggest impact on human health. He said the numbers are very conservative estimates that don't take into account infections that occur outside hospitals, such as nursing homes and dialysis centers. The numbers are worrisome, because so few antibiotics to battle the new pathogens are in the development pipeline, he said. "If we don't take action early, the medicine cabinet will be empty for patients with life-threatening infections." The CDC ranked the antibiotic-resistant organisms based on seven criteria: health impact, economic impact, how common the infection is, 10-year projection of how common it will become, ease of spread, antibiotic availability, and prevention barriers. It also grouped the organisms into three groups, based on threat level. Topping the list is C...

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Many States Look to Raise Minimum Wage

The trend to raise minimum wages will ultimately raise workers' compensation rates and premiums. It is a necessary item to maintain a productive and healthy workforce,Today's post was shared by Steven Greenhouse and comes from www.pewstates.org

California’s recent decision to raise its minimum wage to $10 an hour by 2016—a higher minimum rate than any other state has now—may add momentum to the drive for higher hourly rates in at least eight other states in 2014. New Jersey could become the fifth state this year to increase its state minimum wage if voters approve a measure on Nov. 5 that would boost the hourly rate by $1, to $8.25. In states as varied as Alaska, Idaho, Massachusetts and South Dakota, advocates are pushing to put minimum wage hikes on state ballots in 2014. Meanwhile, elected officials are leading the charge in Hawaii, Illinois, Maryland, Minnesota, and the District of Columbia. The action at the state level comes as organized labor and liberal groups have backed a wave of strikes by fast-food workers in cities across the country to put a spotlight on hourly wages.  Advocates are pressing for a national $15 hourly wage, more than twice the $7.25 federal minimum wage. States cannot set a minimum wage that is lower than the federal standard, but they are free to establish a higher one. Washington state currently has the highest state minimum wage at $9.19; followed by Oregon ($8.95) and Vermont ($8.60). Connecticut, the District of Columbia and Illinois all have a state minimum of $8.25. In addition, some 120 cities have enacted “living wages” that set a minimum standard for businesses that receive city contracts. City minimums range from $9 to $16 an hour. ...

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