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

Wednesday, September 25, 2013

Chart of the Day: Hands-Free Talking Is as Bad as Talking on a Handset. Maybe Even Worse.

Distracted driving doesn't get better by the use of hands free technology. Today's post was shared by Mother Jones and comes from www.motherjones.com


Michael O'Hare points us this morning to a study of cell phone usage in cars that confirms the obvious: it's dangerous. More dangerous than driving drunk, in fact. What's more, as the chart on the right shows, hands-free talking doesn't help. In fact, for certain
tasks it makes things even worse. O'Hare explains what's going on:
To understand the reason, consider driving while (i) listening to the radio as I was (ii) conversing with an adult passenger (iii) transporting a four-year-old (iv) sharing the front seat with a largish dog.
Why are the first two not dangerous, and the last two make you tense up just thinking about them? 
The radio is not a person, and you subconsciously know that you may miss something if you attend to something in the road ahead, but also that you won’t insult it if you “listen away”, and it won’t suffer, much less indicate unease. The adult passenger can see out the windshield and also catch very subtle changes in your tone of voice or body language. 
If you stop talking to attend to the car braking up ahead, the passenger knows why instantly, and accommodates, and because you know this, you aren’t anxious about interrupting the conversation. The dog and the child, in contrast, are completely unaware of what’s coming up on the road or what you need to pay attention to; the former is happy to jump in your lap if it seems like a good idea at any moment, and the child demands attention on her own schedule and at...
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Judge again asks sides to settle in Calif. lead paint case

Lead paint litigation is facing a sentinel decision that will set the direction for the future of environmental and occupation litigation. Today's post was shared by Legal Newsline and comes from legalnewsline.com


Santa Clara County Superior Court Judge James Kleinberg on Monday ended proceedings in a 13-year-old case against paint companies by admonishing both sides, again, to settle.
Kleinberg

Kleinberg made his remarks after closing arguments in The People of California v. Atlantic Richfield Co. et. al., which seeks to hold five defendant paint companies liable for an alleged lead paint public nuisance in 10 county and municipal jurisdictions in the state.

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence,” Kleinberg said, quoting John Adams who defended British soldiers in the Boston Massacre trial of 1770.

Kleinberg also recalled a one-word response made by a judge in a civil case he tried as a lawyer. The judge, he said, asked the plaintiff’s lawyer how his clients felt about their prospects, to which the lawyer responded “Very confident.”

“Why,” asked the judge.

Kleinberg said the case settled a few days later.

Saying it is “never too late to settle,” Kleinberg encouraged the sides to bring an end to the litigation that has spanned more than a decade and could put the defendants – Atlantic Richfield Co., ConAgra, DuPont, NL Industries and Sherwin Williams – on the hook for more than $1.4 billion to abate lead paint in pre 1978-built homes. Kleinberg said it takes He said it...
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Prescription-Drug Coupons — No Such Thing as a Free Lunch

The cost of pharmaceuticals prescribed in workers' compensation claims remains a seriously advancing cost to the system.  Employers blame injured workers for the cause and the demand. Is the actual demand being driven by the pharmaceutical industry? The following is shared from The New England Journal of Medicine www.nejm.org.

Visit nearly any official website for a brand-name drug available in the United States and, mixed in with links to prescribing and safety information, you'll find links to drug “coupons,” including copayment-assistance programs and monthly savings cards.

Most offers are variations on “Why pay more? With the [drug] savings card, you can get [drug] for only $18 per prescription if eligible” or “Get a free 30-capsule trial of [drug] with your doctor's prescription and ask your doctor if [drug] is right for you.” Why do manufacturers offer drug coupons? Are they good for patients in the long run? Are they even legal?

Commercial drug-insurance plans typically have tiered pharmaceutical formularies to guide prescription-drug use, requiring relatively small patient copayments (approximately $5 to $15) for inexpensive generic drugs and higher copayments (perhaps $25 to $100) for brand-name drugs. Manufacturers use coupons to reimburse patients for this difference in copayments when they buy brand-name medications, so that, for people with commercial insurance coverage, the out-of-pocket costs are the same as those for generic drugs.

Drug coupons are implemented through subsidies paid by drug manufacturers. Patients nearly always print coupons off...
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Joseph S. Ross, M.D., and Aaron S. Kesselheim, M.D., J.D., M.P.H.
N Engl J Med 2013; 369:1188-1189 September 26, 2013 DOI: 10.1056/NEJMp1301993

Prospect voters choose to abolish Fire Department

Residents of the Village of Prospect voted Tuesday to abolish its Fire Department.
The 82-46 vote comes as the village faces possible bankruptcy as it struggles to cope with a 2008 workers compensation claim from a volunteer firefighter that amounts in the hundreds of thousands of dollars.

As of 8 a.m. Wednesday, any fire in Prospect will be covered primarily by Barneveld’s department, and also by Remsen, Mayor Fran Righi said. The Prospect fire station likely will become a satellite station.

“As of right now, the village owns all their assets,” Righi said of the Prospect Fire Department. “As of 8 a.m., the tones will not sound, we will be changing the locks and taking an inventory.”

Late Tuesday afternoon, there was a slow but steady trickle of voters coming to the Prospect Village municipal building to vote.

The sky was clear, the scent of wood smoke hung in the air and the clock at the corner of Upper State and Summit streets pointed to high noon.

Of the roughly 175 people eligible to vote, 128 cast ballots. Few, however, would disclose to the media their decision.

“I’m for the Fire Department,” said resident Kim Fazekas. “I think there is a different solution.”
But George Zacek said he had voted to abolish the department.

“The way it is structured now, there’s just a small number of families that are liable for every comp case that arises,” he said. “It puts a tremendous burden on the...
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Questionable Workers Comp Claims Report: Fewer Claims and More Disputes

The National Insurance Crime Bureau (NICB) today released an analysis of workers’ compensation (WC) questionable claims (QC) referrals submitted from Jan. 1, 2011, through June 30, 2013. 

The report finds that while the total number of WC claims has been decreasing, the percentage that is deemed “questionable” has been rising. 

QCs are claims that NICB member insurance companies refer to NICB for closer review and investigation based on one or more indicators of possible fraud. A single claim may contain up to seven referral reasons.
 
California ranked first generating a total of 2,270 WC QCs. It was followed by Illinois with 689. New York was third with 688. 

In 2011, 3,349,925 WC claims were found in the Insurance Services Office (ISO) ClaimSearch® database. That number decreased to 3,244,679 in 2012, and is on track to decrease again in 2013 based on the 1,498,725 claims received in the first half of 2013. 
In 2011, 3,474 WC QCs were referred to NICB. That number increased to 4,460 in 2012 — a 28 percent rise. WC QCs accounted for 3.5 percent of the 100,201 QCs submitted in 2011, and increased to 3.8 percent of the 116,171 QCs in 2012.  

Through the first half of 2013, 2,325 WC CQs have been referred to NICB (3.7 percent of 62,352 total QCs), compared with 1,681 through the first half of 2011 and 2,174 through the first half of 2013.

The distribution of WC QCs follows a standard Monday–Friday workweek with...
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Join us for the 6th Annual Worldwide Photo Walk October 5, 2013

If you are going to be in South Florida for the WILG meeting in October 2013, I would like to invite you to join me for a photo walk that is absolutely for fun and FREE.


Bring any type of camera, from a camera-phone to a sophisticated DSLR.
Boca Raton, FL United States (Mizner Mall)
Join us for the 6th Annual Worldwide Photo Walk
Register for FREE now!
Registration is limited.
Sponsored by the National Association of Photoshop Professionals.

Photo Walk Description

Walk to Begin at E Boca Raton Rd & NE 1st Street, Boca Raton, FL. It will end at Starbucks at Mizner Park. Mizner Park is an upscale lifestyle center in downtown Boca Raton, Florida. Besides upscale shops, Mizner is also composed of rental apartments and offices. The Centre for the Arts at Mizner Park is a cultural center on the north end of the development, which is embodied by an amphitheater and the Boca Raton Museum of Art. The art museum, Victor’s Antiques & Fine Arts, Addison Gallery and the luxurious iPic movie theater are the center’s anchor stores, along with highly rated restaurants Max’s Grille, Villagio, and Truluck’s. Cooper Carry designed the architecture of Mizner as a Mediterranean revival town center.

Read more about the Worldwide Photo Walk

Public Disclosures Don't Bar Halliburton FCA Suit, Court Says

Today's post is shared from law360.org.

The False Claims Act’s public disclosure bar does not prevent a water purification specialist's lawsuit accusing Halliburton Co and KBR Inc of violating contractual duties to test and purify lavatory and drinking water used by U.S. troops in Iraq, a federal court in Virginia ruled on Thursday.

The FCA’s public disclosure bar jurisdictionally bans claims based on matters that were publicly disclosed unless the relator was the original source of the allegations. Although the court ruled that the companies did make public disclosures about the information at-issue, it determined that it was more likely than not that whistleblower Benjamin Carter did not base his claims on that information.

“Carter has shown that he had independent knowledge of the facts underlying his claim and that he derived his allegations from his own independent knowledge,” the court wrote.

Carter, a former reverse osmosis water purification unit operator, has long been locked in a legal battle against Halliburton and KBR affiliate Kellogg Brown & Root Services Inc. over claims they billed the government for water purification work they never did at U.S. bases in Al Asad and Ar Ramadi, Iraq.

Halliburton had argued that Carter got his information from prior allegations brought against the oil company, but the district court ruled that Carter based his claims on first-hand experiences.
“Although the...
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Tuesday, September 24, 2013

Mesothelioma: Two Groundbreaking Trials Into Treatments for Asbestos-Related Cancer

Mesothelioma is causally related to asbestos exposure. Asbestos use is not yet banned in the US. This story is shared from sciencedaily.com.

University of Leicester researchers are leading two major trials into treatments for a type of cancer which affects those exposed to asbestos.

Professor Dean Fennell, of the University's Department of Cancer Studies and Molecular Medicine, is leading two groundbreaking trials into mesothelioma -- a form of lung cancer strongly linked with exposure to asbestos.

Mesothelioma most commonly starts in the inner lining of the chest wall, causing it to thicken, reducing lung capacity -- which in turn puts a strain on other organs including the heart.
Since the 1960s, it has been known that the disease can be triggered by the inhalation of asbestos fibres.

Despite the UK's ban on asbestos issued in 1985, the number of deaths caused by the disease each year has grown from 153 in 1968 to 2,321 in 2009 -- the highest incidence in the world.

This number is set to continue to rise sharply over the next 20 years, with a peak coming in 2020.
Two studies involving the University of Leicester aim to test new potential treatments which could improve survival and quality of life for mesothelioma patients.

Meso2, a study funded by Synta Pharmaceuticals, aims to test the effectiveness of a drug called ganetespib in preventing mesothelioma tumors.

Ganetespib inhibits the action of a protein in cells called heat shock protein 90 (HSP90) -- which is...
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Rules to improve employment of people with disabilities and veterans published today

The U.S. Department of Labor today announced that the Federal Register published two final rules to improve hiring and employment of veterans and for people with disabilities. The rules were first announced Aug. 27, 2013, and more information is available at http://www.dol.gov/opa/media/press/ofccp/OFCCP20131578.htm.

The rules will become effective March 24, 2014, and federal contractors will be required to comply with most of the final rule's requirements by that date. However, some contractors may have additional time to comply with the requirements in subpart C, which relates to affirmative action plans. Contractors with affirmative action plans in place on March 24 may maintain them until the end of their plan year and delay their compliance with the final rule's affirmative action plan requirements until the start of their next plan cycle.
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Manufacturers Argue Against $1 Billion for Lead Paint

NL Industries Inc. is one of five paint companies that presented closing arguments against a public-nuisance lawsuit by 10 California cities and counties seeking more than $1 billion to replace or contain lead paint in millions of homes.
Superior Court Judge James Kleinberg in San Jose,California, interrupted closing arguments by Don Scott, a lawyer for NL Industries, who relied on studies by U.S .doctors to claim that the companies didn’t know about the potential forlead poisoning in children in the first half of the 20th century, as the counties and cities have claimed.
Kleinberg, who is hearing the case, asked Scott about what he said was a “flat-out ban” of lead paint in Europe in the early 1900s, and a 1918 advertisement by Wilmington, Delaware-based DuPont Co. that “distinguished themselves away from lead paint.”
“Is it your position that if the American doctors that you cite say X, that’s the end of the issue, and that the court should not be concerned with these other pieces of evidence that are undisputed?” Kleinberg asked. “I am troubled by the idea that because American doctors, fine people I’m sure they were,say XYZ that’s the end of the inquiry.”
Scott replied that the laws in Europe were a “mixed bag”in which some countries banned lead paint earlier than others.

‘Prevailing Standard’

“The fact is that on the question of what is pertinent tothis case, we’re looking at...
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A very particular crime - Hazards magazine

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

Dust storm: 'Crime-fraud' allegations cloud conference
A UK conference of dust exposure experts is attracting unwanted attention, reports Hazards editor Rory O’Neill.

Professor Ken Donaldson, the scientific chair of Inhaled Particles XI, has been identified in a potential asbestos cancer 'crime-fraud' controversy and accused of having undeclared links to the industry.

Good, impartial science can help save lives, by identifying life-threatening exposures at work and identifying measures – controls, safer standards, bans on the deadliest substances - to remedy them. Asbestos would be a case in point.

For those for whom the science came too late, the ones forming part of the body count, it can mean at least some compensation for a life cut short.

STACKED EVIDENCE  
US building products giant Georgia-Pacific is accused of “seeding” the scientific literature against the interests of asbestos cancer claimants.

If the courts accepted the disputed findings of the GP-funded research, very many asbestos-exposed cancer sufferers could go uncompensated because they were exposed to the wrong kind of “shorter” chrysotile fibres, were not exposed at high enough levels or, if exposed at a high level, not exposed long enough.

Global exports of chrysotile increased by 20 per cent in 2012.

It is a high stakes business and was at the heart of a New York Supreme Court...
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Use Only as Directed

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


During the last decade, more than 1,500 Americans dieda fter accidentally taking too much of a drug renowned for its safety:acetaminophen, one of the nation’s most popular pain relievers.

Acetaminophen – the active ingredient in Tylenol– is considered safe when taken at recommended doses. Tens of millions of people use it weekly with no ill effect. But in larger amounts, especially in combination with alcohol, the drug can damage or even destroy the liver.

Davy Baumle, a slender 12-year-oldwho loved to ride his dirt bike through the woods of southern Illinois, died from acetaminophen poisoning. So did tiny five-month-old Brianna Hutto. So did Marcus Trunk, a strapping 23-year-old construction worker from Philadelphia.

The toll does not have to be so high.

The U.S. Food and Drug Administration has long been aware of studies showing the risks of acetaminophen – in particular, that the margin between the amount that helps and the amount that can cause serious harmis smaller than for other pain relievers.

So, too, has McNeil Consumer Healthcare, the unit of Johnson & Johnson that has built Tylenol into a billion-dollar brand and the leader in acetaminophen sales.

Yet federal regulators have delayed or failed to adopt measures designed to reduce deaths and injuries from acetaminophen overdose,which the agency calls a “persistent, important public health problem.”

The FDA has repeatedly deferred decisions on consumer protection seven when they were...
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What is Total Worker Health™?

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


niosh logo
Total Worker Health™ is a strategy integrating occupational safety and health protection with health promotion to prevent worker injury and illness and to advance health and well-being.

Today, emerging evidence recognizes that both work-related factors and health factors beyond the workplace jointly contribute to many health and safety problems that confront today’s workers and their families. Traditionally, workplace health and safety programs have been compartmentalized. Health protection programs have focused squarely on safety, reducing worker exposures to risk factors arising in the work environment itself. And most workplace health promotion programs have focused exclusively on lifestyle factors off-the-job that place workers at risk. A growing body of science supports the effectiveness of combining these efforts through workplace interventions that integrate health protection and health promotion programs.

In June 2011, NIOSH launched the Total Worker Health™ (TWH™) Program as an evolution of the NIOSH Steps to a Healthier US. Workforce and the NIOSH WorkLife Initiatives, TWH™ is defined as a strategy integrating occupational safety and health protection with health promotion to prevent worker injury and illness and to advance worker health and well-being. The TWH™ Program supports the development and adoption of ground-breaking research and best practices of integrative approaches that address health risk from both the work...
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Monday, September 23, 2013

State Politics and the Fate of the Safety Net

Lacking workers' compensation coverage, injured workers rely upon a safety net of Federally provided medical benefits. Under the Affordable Care Act that safety net is shrinking. Today's post was shared by WCBlog and comes from www.nejm.org


Only 2% of acute care hospitals nationwide are safety-net facilities, but they provide 20% of uncompensated care to the uninsured. Because most are in low-income communities, they typically generate scant revenue from privately insured patients. The Medicaid Disproportionate Share Hospital (DSH) program was established to help defray their costs for uncompensated care.

Currently, Medicaid DSH disburses $11.5 billion annually to the states, which have considerable latitude in allocating these funds. Some states carefully target their DSH payments to hospitals providing large volumes of uncompensated care, but others, such as Ohio and Georgia, spread their payments broadly, transforming the program into a de facto subsidy of their hospital industry.

Because the Affordable Care Act (ACA) was expected to dramatically expand insurance coverage, safety-net hospitals were expected to need less DSH money. Therefore, to reduce the cost of expanding Medicaid, the ACA reduced Medicaid DSH funding by $18.1 billion between fiscal years 2014 and 2020. To allow time for coverage expansion to take effect, the cuts are back-loaded — starting at $500 million (4% of current national DSH spending) in 2014 but reaching $5.6 billion (49% of current spending) in 2019.

The DSH cuts are so deep in part because Congress assumed that all...
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Tribunal finds Chevron not liable for environmental claims in Ecuador

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


Chevron Corp. announced Wednesday that an international arbitration tribunal has found the company not liable for environmental claims in Ecuador.

The tribunal is convened under the authority of the U.S.-Ecuador Bilateral Investment Treaty, also known as the BIT, and administered by the Permanent Court of Arbitration.

The PCA, located in The Hague, Netherlands, administers cases arising out of international treaties and other agreements to arbitrate.
On Tuesday, the tribunal issued a partial award in favor of Chevron and its subsidiary, Texaco Petroleum Company, or TexPet.

The tribunal found that the settlement and release agreements that the government of Ecuador entered into with TexPet released TexPet and its affiliates of any liability for all public interest or collective environmental claims.

The arbitration stems from Ecuador’s interference in the ongoing environmental lawsuit against the company.

“The game is up. This award by an eminent international tribunal confirms that the fraudulent claims against Chevron should not have been brought in the first place,” Hewitt Pate, Chevron’s vice president and general counsel, said in a statement. “It is now beyond question that efforts by American plaintiffs lawyers and the government of Ecuador to enforce this fraudulent judgment violate Ecuadorian, U.S. and international law.

“Continuing to support this fraud only increases the government of...
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