Workers' Compensation

Friday, September 27, 2013

OSHA cites Nebraska Cold Storage for 14 safety violations including ammonia exposure

Proposed fines total $132,800; company placed in Severe Violator Enforcement Program

Nebraska Cold Storage Inc. has been cited for 14 safety violations and fined $132,800 by the U.S. Department of Labor's Occupational Safety and Health Administration for exposing workers to anhydrous ammonia at its Hastings facility. The company has been placed in OSHA's Severe Violator Enforcement Program.

"Ammonia is considered a high health hazard because it can be corrosive to the skin, eyes and lungs. It is flammable at varying concentrations," said Bonita Winingham, OSHA's area director in Omaha. "Businesses that handle hazardous materials must take precautions to protect workers from exposure to chemicals, explosions and fire hazards."

The March inspection was initially conducted under OSHA's high-hazard local emphasis program. It expanded to include all items within the agency's national emphasis program for process safety management for covered chemical facilities. The company provides basic storage and shipping services for the frozen, refrigerated and perishable food industries.

Four willful violations were cited. Some involve PSM violations, including the failure to develop and implement written, safe operating and mechanical integrity procedures and measures to take for physical contact or airborne exposure to anhydrous ammonia. The remaining violations involve failing to correct deficiencies in equipment and to document responses to 2010 compliance audit findings, including 12 of 22 deficient audit items that remained uncorrected. A willful violation is one committed with intentional, knowing or voluntary disregard for, or plain indifference to, employee safety and health.

A total of 10 serious safety violations include lack of emergency action planning; failing to maintain the original ammonia refrigeration systems process hazard analysis; exposing workers to crushing hazards by failing to remove and/or repair damaged storage racks; and failing to evaluate the performance of a powered industrial truck operator every three years. The other violations include failing to prevent electrocution from ice buildup encasing electrical junction boxes; operating equipment within 30 inches of a fork truck charging station; and install fixed wiring and provide strain relief for power cords. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. The current citations may be viewed at http://www.osha.gov/ooc/citations/Nebraska_Cold_Storage.pdf*

OSHA's Severe Violator Enforcement Program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations. Under the program, OSHA may inspect any of the employer's facilities if it has reasonable grounds to believe there are similar violations.

The company has 15 business days from receipt of the citations and notice of proposed penalties to contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission. If a company does not file or contest within that period, it must abate the cited conditions within the period ordered in the citations and pay the proposed penalties.

Mets’ Harvey Is Covered Like Any Other Employee With a Workplace Injury

Today's post comes from www.nytimes.com

If Mets pitcher Matt Harvey has Tommy John surgery on his right elbow, it will be paid for, partly, with workers’ compensation insurance. A partly torn ulnar collateral ligament like Harvey’s is considered a workplace injury, just as if he were a truck driver hurt on a loading dock.

The basic agreement between major league owners and players requires that teams pay the cost of injuries.

“The employer gets to recover, as an offset, any workers’ compensation recovery that is available,” said Rob Manfred, an executive vice president of Major League Baseball. “And the club is on the hook for what workers’ compensation doesn’t pay.”

At some point after an operation or procedure, a player signs a form that allows his team to pursue the insurance claim. So if workers’ compensation did not pay the full cost of Derek Jeter’s surgery for a fractured left ankle last year, the Yankees made up the difference — essentially the cost of doing business.

“The player never sees a bill,” Manfred said.

Another factor is that the cost of Tommy John surgery is not uniform. Dr. James Andrews, the renowned orthopedic surgeon, might charge more than the Hospital for Special Surgery, where the Mets’ medical director, David Altchek, is an orthopedic surgeon. (Andrews prescribed a six- to eight-week rehabilitation program for Harvey earlier this week that would precede any decision to operate.)

Altchek...

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Some players may be out of NFL deal

Today's post was shared by CAAA and comes from espn.go.com

NFL Concussion Settlement Details
New details from the NFL's $765 million proposed concussion settlement reveal that the first players diagnosed with football-related brain damage would be shut out of the deal. And with the number of confirmed brain damage cases growing, some players and attorneys told "Outside the Lines" they fear there isn't enough money to cover all eligible players diagnosed with such injuries.

Former players report widespread confusion over who will qualify for compensation and how the money will be distributed. Details described to "Outside the Lines" by sources familiar with the settlement -- along with new statistics on the incidence of football-related brain damage -- underscore the concerns voiced by some players and lawyers:

• The proposed settlement disqualifies most players who died before 2006, even if they were diagnosed with football-related brain damage. That would shut out the relatives of players like Hall of Fame Pittsburgh Steelers center Mike Webster, who died in 2002 and was later diagnosed with the first case of football-related brain damage. Webster's protracted battle with the NFL raised public awareness and helped ignite the NFL's concussion crisis.

A source familiar with the negotiations said the NFL sought to include only death claims that fell within the statute of limitations -- two years in most states. That would have cut out many players who died before 2009 and 2010. As part of the negotiations, representatives of the...

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United Airlines flight lands safely after pilot suffers heart attack

Safety in the air is of great concern.What is lacking is adequate access to medical care and resources on an urgent basis. This article is shared from Reuters.

A United Airlines flight bound for Seattle with 165 people on board made an emergency landing at Boise Airport on Thursday evening after the pilot suffered a heart attack, an airport spokeswoman said.
The Boeing 737 landed safely shortly after 8 p.m. local time and the pilot was rushed to a local hospital, where his condition was unknown, Boise Airport spokeswoman Patty Miller said.
"We got a call from United flight 1607 at about 7:55 p.m. Mountain Time declaring an emergency, they said the pilot had had a heart attack," Miller said, adding that the plane landed at 8:08 p.m.
Click here to read the complete article.

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EPA Announces the start of Sampling Activities at the CTS of Ashville, Inc. Superfund Site in Ashville,North Carolina

September 20, 2013) Today, US Environmental Protection Agency (EPA) officials announced sampling activities for the Soil Vapor Extraction (SVE) Confirmation Sampling and Analysis Plan and the Non-Aqueous Phase Liquids (NAPL) Investigation will begin on Monday, September 23, 2013 at the CTS of Ashville Inc. Superfund Site in Ashville, NC.

The work will include collecting soil and water samples to better understand how deep and wide the highest concentrated contamination exists on and adjacent to the former plant property.

The NAPL Work Plan requires that samples also be collected on adjacent properties to the east of the Site, and if data indicates the need sampling may proceed to properties on the west of the Site. Specialized equipment will be used and the sampling area may be expanded as data is collected. This work is essential to determine the best cleanup plan for the Site.

The sampling event is projected to take about 3 months. EPA and/or its contractor will provide oversight of the sampling activities.

Lobbying In D.C. On Behalf Of Injured Workers

Regulations were proposed recently to operationalize the The SMART act. The public comment period is ongoing. Today's post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

On April 17, my colleagues from WILG (Workers Injury Law & Advocacy Group) and I gathered in Washington D.C. to lobby Congressional representatives on behalf of injured workers. We discussed several bills that will affect the interests of workers in Iowa and across the United States. I had the pleasure of meeting with Senator Tom Harkin, Senator Chuck Grassley, Congressman Bruce Braley and Congressman Dave Loebsack in their offices where we discussed the following bills:

The MSP and Workers’ Compensation Settlement Agreement Act of 2012

The Akaka Amendment to S. 1789, The Post Service Reform Bill (an amendment to strip from S. 1789 those provisions that deform the Federal Employee Compensation Act).

As I explained at these meetings, the MSP and Worker’s Compensation Settlement Act of 2012 is necessary for three reasons:
(1) to bring some reasonable and understandable system to CMS’ current uncertain and regulation-less system of establishing Medicare Set-aside Plans for workers’ compensation settlements;
(2) to allow for an appeal of CMS’s MSA determination; and
(3) to bring some reasonable time limits to CMS’ process of setting the MSA required for workers’ compensation settlements.

The Akaka Amendment to strip the FECA deform provisions out of S.1789 is necessary because the FECA deform provisions wrongfully reduces monetary benefits and treats the injured worker like a fraud (mandating period independent medical examinations, vocational rehabilitation and field nurses to hound the injured worker). Workers' compensation reform is a constant threat to the rights of workers across the country. It is important that all of us who participate in the work' comp' system do our part to protect and preserve these legal rights.

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The High Price of Gas – Mileage Reimbursement for Injured Workers

Some states like NJ offer zero mileage reimbursement. Today's post comes from guest author Laurel Anderson, from Causey Law Firm.

By Laurel Anderson from Causey Law Firm

Injured workers who are are dependent on time loss compensation payments of only 60-75% of their wages unfortunately are well used to the enormous financial losses and constraints this wage loss puts on their family budgets. With budget cuts being made by the Department of Labor & Industries which place additional burdens on workers by reducing reimbursements for the additional costs incurred as a result of an injury, it is important to be aware of what you can be reimbursed for, and what some relatively new regulations do not cover. The current mileage reimbursement rate is now 56.5 cents per mile.

When money is tight, making sure you receive everything you are entitled to under your claim is important!

Injured workers are always entitled to receive travel and/or wage reimbursement if they are asked to attend an IME (Independent Medical Exam). However, we have noted that more recently both the Department and self-insured employers are failing to provide workers with the form necessary to be reimbursed gas mileage for what are often not insignificant distances. Many workers are unaware they can have their wages reimbursed as well if they miss time from work. The form can be found online here. When self-insured employers do not provide our clients with a reimbursement form when sending out IME notices, we will send out the Department’s standard form.

More difficult to decipher are the rules allowing for travel reimbursement for medical treatment or vocational services. A different form must be filed to obtain reimbursement for these expenses. At Causey Law Firm, we insure that our clients are reimbursed for travel for vocational meetings which take place in our office. Parking is expensive in Seattle, and that cost can be reimbursed to you directly. Some law firms charge a fee on travel reimbursement expenses, but we do not.

While injured workers have the right to treat with their own preferred provider, travel reimbursement is only paid for regular treatment visits if there is no adequate treatment provider within 15 miles of their home AND if the claims manager has pre-authorized the travel. Travel reimbursement is now limited for regular medical treatment visits by the so-called “15 mile rule”. Thus, if your pre-authorized provider is 30 miles from your home, reimbursement will only be provided for the last 15 miles each way of that trip. As with medical appointments, regular visits to meet with a vocational counselor are only covered after that 15 mile threshold has been reached. If you are approved for a formal vocational retraining plan, however, mileage may be fully reimbursable through your plan with necessary signatures and paperwork submitted through a vocational rehabilitation counselor.

Many workers are unaware of their right to apply for reimbursements, which can be submitted to the Department for a period up to one year of the date of travel. The Department’s general guidelines can be seenhere. When money is tight, making sure you receive everything you are entitled to under your claim is important!

OCCUPATIONAL VIOLENCE

Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov

Violence on the Job - image of shattered glass

The magnitude of workplace violence in the United States is measured with fatal and nonfatal statistics from several sources. The Bureau of Labor Statistics’ Census of Fatal Occupational Injuries (CFOI) reported 13,827 workplace homicide victims between 1992 and 2010. Averaging over 700 homicides per year, the largest number of homicides in one year (n=1080) occurred in 1994, while the lowest number (n=518) occurred in 2010.

From 2003 to 2010 over half of the workplace homicides occurred within three occupation classifications: sales and related occupations (28%), protective service occupations (17%), and transportation and material moving occupations (13%).

The Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses (SOII) reported an estimated 130,290 nonfatal occupational injuries and illnesses involving days away from work during the 2003 to 2010 time period. The Healthcare and Social Assistance Industry accounted for 63% of these injuries and illnesses each year.

Data collected by the Consumer Product Safety Commissions’ National Electronic Injury Surveillance System (NEISS) that is collected in collaboration with NIOSH (NEISS-Work Supplement) estimated more than 137,000 workers were treated in emergency departments for nonfatal assaults in 2009.

The Bureau of Justice Statistics’ National Crime Victimization Survey (NCVS) estimated the number of nonfatal violent crimes occurring against persons 16 or older while they were at...

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Thursday, September 26, 2013

AIG CEO: Anger over AIG bonuses ‘just as bad’ as lynchings

Today's post was shared by Steven Greenhouse and comes from m.washingtonpost.com

Robert Benmosche (Bloomberg News)

AIG's CEO Robert Benmosche -- who came in to rescue the company after the 2008 financial crisis -- told the Wall Street Journal that the outrage over the bonuses promised to AIG's members was just as bad as when white supremacists in the American South used to lynch African Americans:

The uproar over bonuses "was intended to stir public anger, to get everybody out there with their pitchforks and their hangman nooses, and all that -- sort of like what we did in the Deep South [decades ago]. And I think it was just as bad and just as wrong."

Yes, enduring some public criticism for receiving multimillion-dollar bonuses after helping crash the global economy is a lot like being hanged from a tree by your neck until you die.
These kinds of sentiments don't emerge in a vacuum. Benmosche is expressing a view that was pretty common back in 2010 and 2011, when it was kind of a thing for members of the besieged 1 percent to compare public anger over their compensation to the way Nazi Germany treated the weak. There was supermarket mogul John Catsimatidis:

"Taxes are going to go up regardless. What I'm afraid of is, we shouldn't punish any one group. Whether we're punishing people who are wealthy," he said. "New York is for everybody; it's for the poor, it's for the middle-class, it's for the wealthy. We can't punish any one group and chase them away. We - I mean, Hitler punished the Jews. We can't have punishing the '2 percent group' right now."

...

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Exclusivity Rule: Court Holds Risk of Death Contemplated by Legislature

A NJ Appellate Court has ruled that the Exclusivity Bar prohibits the estate of a fatally injured trash truck driver from proceeding with an intentional tort claim against his employer. Even though the employer may have defeated the neutral safety switch and was cited for violations by OSHA, the Court ruled that the industry risk of being fatally injured was contemplated by the Legislature when promulgating the NJ Workers' Compensation Act.

Sellino v Pinto Brothers Disposal, Docket No. A-2064-12T1, 2013 WL 5300076 (Decided: September 23, 2013)

….

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.

NJ Workers' Compensation Maximum Rate Rising in 2014

The maximum NJ Workers' Compensation is proposed to rise to $843.00 per week in 2014. The rate is based upon the State's Average Weekly Wage (SAWW). The rate applies to temporary disability, permanent disability, permanent total, permanent partial total, and dependency benefits.
The rate for 2013 is $826.00.

NJAC 12:235-1.6 (September 3, 2013)
2013 NJ REG TEXT 335666

California employer sentenced for insurance fraud

Employer fraud is rampant. As costs to do business increase the underground economy continues to expand. Today's post was shared by votersinjuredatwork and comes from www.dailynews.com

A West Hills man was sentenced Thursday to 29 days in county jail and three years’ probation after pleading guilty to one count of insurance fraud for failing to report employee income in order to pay lower premiums on his air-conditioning company’s workers’ compensation policy.

Officials with the California Department of Insurance said Douglas Lambert, 48, did not report or under-reported employee income to Clarendon National Insurance Co. from 2006 to 2009 for Lambert Air Conditioning, a company he owned and operated in Visalia, near Fresno in Northern California.

“Fraud is a multimillion-dollar enterprise, which costs consumers over $210 million annually,” said Insurance Commissioner Dave Jones in a statement.
“Lambert cheated both Clarendon National and the State of California out of over $110,000, and by doing so passed the cost of his fraud onto consumers across the state,” Lambert was living and working in Tulare County at the time the initial complaint was filed with the Department of Insurance and was prosecuted in Northern California.

Authorities said he filed at least one workers’ compensation claim for an employee’s injury during the time frame of the investigation even though he was not paying insurance on the employee’s wages.

He was ordered to pay $110,381 in restitution and will serve his sentence in Los Angeles County jail.

While he was living up north, a spokesman for the department said he...

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Thousands of California injury claims made by professional athletes

Professional football injuries have taken the national spotlight as workers' compensation claims are being outlawed and restrcted in many jurisdictions. The path being taken, elimination of insurance coverage, is one that will ultimately result in the elimination of body contact sports. Economic incentives, and the lack of them, direct the business of professional athletes and ultimately the root to a healthier workplace. Today's post was shared by votersinjuredatwork and comes from www.latimes.com

The National Football League’s increasingly visible injury legacy has become a topic of national debate, one that threatens to cast a lasting shadow over the country’s most popular, and profitable, sport.

Far less attention has been paid to the physical woes of other athletes, but a review of injury filings in California suggests that professional athletes of all stripes walk away from their sports with nagging and often permanent injuries.

Over the past two decades, more than 2,500 claims have been filed by former baseball, basketball, hockey and soccer players against their former teams in California’s workers’ compensation system.

In the past six years, more than 940 of them -- among them stars such as two-time baseball most valuable player Juan Gonzalez and basketball legend Kareem Abdul-Jabbar -- have made filings alleging serious brain and head injuries.

The claims were isolated as part of a Los Angeles Times analysis of more than 3 million filings made to the California Division of Workers’ Compensation. Last month, The Times published a searchable database of claims by football players, and now it's being updated will all other major team sports.

Database: workers' comp claims by baseball players
Database: workers' comp claims by basketball players
Database: workers' comp claims by hockey players
Database: workers' comp claims by soccer players
Database: workers' comp claims by women's basketball players
Although the total...

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U.S. Sees Direct Threat in Attack at Kenya Mall

Terrorism is a valid concern in the workplace. Safety in shopping malls may require additional security requirements for malls. In Israel metal-detectors have been used to check patrons entering malls. Today's post was shared by The New York Times and comes from www.nytimes.com

Viewing the deadly siege at a shopping mall in Kenya as a direct threat to its security, the United States is deploying dozens of F.B.I. agents to investigate the wreckage, hoping to glean every piece of information possible to help prevent such a devastating attack from happening again, possibly even on American soil.

For years, the F.B.I. has been closely watching the Shabab, the Somali Islamist group that has claimed responsibility for the Nairobi massacre and recruited numerous Americans to fight and die — sometimes as suicide bombers — for its cause.

The Shabab has already attacked most of the major actors trying to end the chaos in Somalia — the United Nations, Uganda, aid groups, the Somali government and now Kenya. The United States has spent hundreds of millions of dollars bankrolling anti-Shabab operations for years, and there is growing fear that the group could turn its sights on American interests more directly, one of the reasons the Obama administration is committing so many resources to the investigation in Kenya.

“We are in this fight together,” said Robert F. Godec, the American ambassador to Kenya. “The more we know about the planning that went into this, the way it was conducted, what was used, the people involved, the better we can protect America, too.”

Less than a day after the bloody standoff ended, more than 20 F.B.I. agents wearing flak jackets and helmets were combing through the...

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N.J. boosts public workers' insurance coverage for alcoholism, drug addiction

Obesity is a front page story in NJ every day as Governor Christie struggles to loose weight. While the Governor spoke in April 2013 about revising the state's workers' compensation system, he has been silent on the subject after his initial announcement. With an election quickly approaching in November he has turned to the endorsement of legislation to treat drug addiction mental illness and obesity. All of these efforts are strong indicators that a healthier workforce is being encouraged and will ultimately benefit the workers' compensation system by reducing pre-existing and co-existing conditions. Today's post was shared by WCBlog and comes from www.nj.com

Gov. Chris Christie, shown here in Asbury Park at an unrelated event today, announced that the state's health benefits plan for public workers will cover alcoholism and drug addiction the same as other mental illnesses starting next year.Tony Kurdzuk/The Star-Ledger

More than 200,000 public workers in New Jersey will get enhanced insurance coverage for mental illnesses such as alcoholism and drug addiction beginning next year, Gov. Chris Christie announced today.

A committee of state and union officials approved "mental health parity" on Friday for the state's second-largest health benefits plan. It means the same level of coverage now provided for a biologically-based mental illness — such as schizophrenia or bipolar disorder — will apply to other types of illnesses such as alcoholism, drug addiction and eating disorders.

The expansion is expected to cost "less than $5.1 million a year" and will affect more than 217,000 current and retired workers enrolled in the State Health Benefits Program, Christie's office said in a news release today. The insurance plan covers state, county and local government workers as well as employees of New Jersey's public colleges and universities, and their dependent family members.

Along with that change, the committee approved "four new lower-cost health plan options" and a new "wellness program" that seeks to encourage healthier lifestyles by offering workers gift cards worth $100 to $250 per person every...

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Votive Candle Holders Sold at Cracker Barrel Old Country Store Recalled Due to Fire Hazard; Made by Mercuries Asia

Mercury has been long known to be a dangerous substance for workers. In fact, the Mad Hatter who is described in the Alice in Wonderland, suffered from mercury poison. 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.

Mercuries Asia “Ant” Votive Holders Packaging

Recall Details

Units

About 7,900

Description

This recall involves candle holders designed to resemble a large ant. The black metal candle holders are 6 ½-inches tall and were sold as either a male or female. The male ant has a polka dot bow tie and the female has a white pearl necklace. Both ants hold up a clear glass votive cup. The words “Backyard BBQ” and “Glass Votive Holder” are printed on the front of the packaging. SKU number 426154 can be found on the underside of the packaging.

Remedy

Consumers should immediately stop using the recalled votive candle holders and return them to any Cracker Barrel Old Country Store location or mail to Mercuries Asia USA, Ltd., 1501 Gary Street, Bethlehem, PA 18018 for a full refund, including shipping.

Sold exclusively at

Cracker Barrel Old Country Store locations nationwide from May 2013 through June 2013 for about $6

Importer

Cracker Barrel Old Country Store® of Lebanon, Tenn.

Manufacturer

Mercuries Asia Ltd., of Taipei, Taiwan

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 product on SaferProducts.gov...

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Work Comp Steps Up to ACA

The Affordable Care Act's impact on workers' compensation is going to take many forms. David DePaolo points out in his shared blog today some of the aspects as the ACA is close to launch. Whether the ACA is going to emasculates the workers' compensation system is yet unknown It is sure heading that way in the new less litigious and aging society.

One of the big questions I have had since the Affordable Care Act became law was how the workers' compensation underwriting market would react since it seemed that there would be a broadening in the class of health care workers coming into the scene.

That question was given some evidence yesterday when ProAssurance, a writer of medical professional liability insurance based in Birmingham, Ala., announced a proposed acquisition of Pennsylvania-based workers' compensation writer Eastern Insurance Group for $205 million.

Eastern offers workers’ compensation to employers with generally 1,000 employees or less that traditionally pay an average premium per policy of $21,956, according to filings with Securities & Exchange Commission. Also, Eastern concentrates on low- to middle-hazard classes of businesses, primarily in the Mid-Atlantic, Southeast, and Midwest regions. In 2012, it reported workers comp premiums written of $182.9 million.

Among those employers Eastern counts as policy holders are small hospital systems, long-term care facilities, physician and dental practices and home health care providers....

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Friday, September 27, 2013

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Thursday, September 26, 2013

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Recall Details

Units

Description

Remedy

Sold exclusively at

Importer

Manufacturer

Manufactured in

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