Workers' Compensation

Saturday, November 9, 2013

Chrysler Recalls 1.2 Million Ram Trucks

Chrysler is recalling about 1.2 million Ram trucks to correct problems that could result in a loss of steering, as well as almost 94,000 of its 2014 Jeep Grand Cherokees because of electronic problems that could disable two safety systems, the automaker said on Friday.

In a statement, the company said it was aware of seven accidents involving the Rams, resulting in two injuries. A Chrysler spokesman, Eric Mayne, said in an email that he was not aware of the extent of the injuries.

The automaker estimated that 453,000 of the trucks would need repairs because the steering systems’ tie rods were not aligned properly, though it said it needed to recall all 1.2 million trucks to find the flawed vehicles.

Earlier Friday, Chrysler told the National Highway Traffic Safety Administration in a report on the safety agency’s website of the problems in the Jeep Grand Cherokees.

In addition, Toyota said it was recalling about 3,800 Tacoma pickups from the 2013-14 model years because their 4-cylinder engines could be damaged and possibly stop running.

In the Chrysler report, which was dated Oct. 1, the automaker said a software problem with the anti-lock braking module could disable the anti-lock braking and electronic stability-control systems. In addition, the issue could cause the “illumination of multiple warning lights” and a loss of lighting for the instrument cluster.

Chrysler said that it had begun an investigation in April after receiving complaints...

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Detection and Prevention

Driving while tired is equivalent to a DUI. Today's post was shared by NIOSH Transportation and comes from drowsydriving.org

DID YOU KNOW? 100,000 crashes each year are caused by fatigued drivers55% of drowsy driving crashes are caused by drivers less than 25 years oldBeing awake for 18 hours is equal to a blood alcohol concentration (BAC) of 0.08%, which is legally drunk and leaves you at equal risk for a crash

How can you tell if you are “driving while drowsy”?

Here are some signs that should tell a driver to stop and rest:* Difficulty focusing, frequent blinking, or heavy eyelids* Daydreaming; wandering/disconnected thoughts* Trouble remembering the last few miles driven; missing exits or traffic signs* Yawning repeatedly or rubbing your eyes* Trouble keeping your head up*

Drifting from your lane, tailgating, or hitting a shoulder rumble strip* Feeling restless and irritable

Are You at Risk?

Before you drive, check to see if you are:* Sleep-deprived or fatigued (6 hours of sleep or less triples your risk)*

Suffering from sleep loss (insomnia), poor quality sleep, or a sleep debt* Driving long distances without proper rest breaks* Driving through the night, mid afternoon or when you would normally be asleep* Taking sedating medications (antidepressants, cold tablets, antihistamines)* Working more than 60 hours a week (increases your risk by 40%)* Working more than one job and your main job involves shift work* Drinking even small amounts of alcohol* Driving alone or on a long, rural, dark or boring road

Specific At-Risk Groups

The risk of having a crash due to drowsy driving is not...

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Friday, November 8, 2013

Contractor to Remove PCB From Park in Bogota NJ

Unsafe disposal of contaminated contaminated soil and rock has historically been a common practice. Not only are employees exposed but so is the general public, including children. Today's post is shared from northjersey.com

Waterside Construction LLC, the company suspected of bringing in tainted material while cleaning up the contaminated Veterans Field, will remain the contractor on the project and pay to have the latest contaminants removed.

“I believe we need to work within the contract,” borough attorney Philip Boggia advised the council during a special meeting Wednesday. “Our experts are satisfied, at least at this point, that [the situation is] manageable and that all steps that need to be put in place have been put in place.”

Some residents have called for the firing of the contractor, but Boggia said that by having Waterside stay on and pay for the removal of the contaminants, the cleanup would take months. The alternative would be to sue the contractor for defaulting on work, which could lead to years of legal wrangling, he said.

The attorney also said the contract with Waterside includes a provision for the contractor to address improper materials brought onsite. “Defective work shall be made good; and unsuitable materials may be rejected,” states a clause in the contract

“The contractor has acknowledged responsibility and is willing to pay the cost of whatever is required to remediate the situation,” Boggia said.

The municipality shut down Veterans Field, the borough’s premier park, in September 2011 after discovering...

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New ligament discovered in knee, Belgian surgeons say

Today's post is shared from the bbc.com

The anterolateral ligament (ALL) may hold the key to common knee injuries, researchers say
Two knee surgeons in Belgium say they have identified a previously unfamiliar ligament in the human knee.
Writing in the Journal of Anatomy, they suggest the fibrous band could play a part in one of the most common sports injuries worldwide.

Anatomical sketch of ligaments
of the knee

By Smitha MundasadHealth
reporter, BBC News

Despite glimpses of the ligament in medical history, this is the first time its structure and purpose have been so clearly established, they say.
But experts say more studies are needed to prove its relevance to knee surgery.
Four main ligaments - or thick fibrous bands - surround the knee joint, criss-crossing between the upper and lower leg bones to provide stability and prevent excessive movement of our limbs.
But the anatomy of the knee remains complex, and several international groups have been exploring the less-defined structures of the joint for some time.
The notion of this particular ligament was first made by French surgeon Paul Segond in 1879 but it has evaded definitive surgical classification for many years.
'Extensive search'
Now building on the work of other surgeons, Dr Claes and Professor Johan Bellemans of the University Hospitals of Leuven, Belgium, say they have closely mapped the band which runs from the outer side of the thigh bone to the shin bone.
And they say this anterolateral ligament could play an...

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State panel rejected injury claim by NFL's Dorsett

Today's post was shared from the latimes.org.

A brain-injury claim by former National Football League player Tony Dorsett was thrown out by a California workers' compensation panel just months before he was diagnosed with early signs of chronic traumatic encephalopathy, a debilitating condition linked to repeated blows to the head.

The 59-year-old Hall of Fame running back's claim was dismissed in May when a workers' compensation judge ruled that because Dorsett had agreed to an $85,000 settlement for injuries to "multiple orthopaedic body parts" in 1991, he could not file another claim for any subsequent injury, state records show.
On Wednesday it was revealed that researchers at UCLA had found that Dorsett and two other former NFL players showed signs of CTE. The degenerative disease has been found in the autopsied brains of dozens of former NFL players, among them Junior Seau and Dave Duerson. But only recently have diagnoses in living subjects been possible.
Dorsett appealed that workers' compensation decision, but it was upheld in August. A three-judge panel found that language in the 1991 settlement released the Dallas Cowboys and Denver Broncos from all future claims involving virtually any body part, including the head.
Mel Owens, Dorsett's attorney, said Thursday that he was not available to discuss the case, which claimed cumulative head injuries but did not specify CTE. Owens had 45 days to appeal the decision to the California Court of Appeal, but court records indicate no such action has been...

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At US’s favorite water park, 20 year old fatally crushed in wave machine, his fifth week on the job

Today's blog is shared from the pump handle scienceblogs.com.

“They sure kept that quiet.”
My neighbors had that reaction when I told them about the 20-year old worker who was killed on-the-job at one of the Schlitterbahn water parks. This particular amusement-park company has four large water resorts in Texas and Kansas. My neighbors frequent the one in New Braunfels, TX, along with 900,000 other annual visitors, during central Texas’ hot spring and summer months. I knew they’d want to know this story.
In March 2013, Nicolas “Nico” Benavides, 20, had been hired as a lifeguard, and had only been working a few weeks at the Schlitterbahn on South Padre Island. Benavides and another worker were doing maintenance on the guts of a wave pool. News accounts report that an overhead mechanical door

“slammed down, hitting Benavides in the head, leaving him and the other worker pinned beneath it.”

The young man’s family kept him on life support for several days until his organs could be donated.
Schlitterbahn issued a statement saying, in part,

“Nico Benavides, who was injured during a March 6 maintenance accident has died. …The safety of our employees and guests is of paramount importance to us.” [emphasis added]

This was no accident. An accident is an event that cannot be foreseen, or occurs by chance. Nico Benavides’ death was neither.
OSHA’s investigation of the incident revealed that Schlitterbahn management did not have a lock-out/tag-out program. This is a...

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Lawyer recalls first meeting with woman who started Risperdal litigation

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

Brian McCormick remembers meeting Victoria Starr back in 2007 when he first started working for Sheller P.C.
The Oregon woman had approached the Philadelphia law firm about three years prior about filing a qui tam lawsuit on behalf of the U.S. government against the makers of the antipsychotic drug Risperdal.”

Add caption

Starr, a former sales representative for Janssen Pharmaceutica, a wholly-owned subsidiary of drugmaker Johnson & Johnson, felt as if she was being encouraged and pressured to market Risperdal off-label.
McCormick’s law firm filed Starr’s qui tam suit in April 2004, three months after the woman quit her job.
She had begun working for Janssen in about 2001.
On Monday, Johnson & Johnson announced that it would be paying more than $2.2 billion to resolve civil and criminal claims relating to allegations that the company marketed Risperdal, a drug primarily designed to treat bi-polar disorder and schizophrenia, for uses other than those approved by the Food and Drug Administration.
The pharmaceutical manufacturer will pay $1.673 billion to resolve the allegations of off-label marketing for Risperdal and sister drug Invega, the resolution marking the largest involving a single drug in U.S. history, and the third-largest healthcare fraud settlement involving one company, according to the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
The massive settlement that resulted from a...

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Thursday, November 7, 2013

OSHA announces proposed new rule to improve tracking of workplace injuries and illnesses

The Occupational Safety and Health Administration today issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries and illnesses. The announcement follows the Bureau of Labor Statistics' release of its annual Occupational Injuries and Illnesses report, which estimates that three million workers were injured on the job in 2012.

"Three million injuries are three million too many," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "With the changes being proposed in this rule, employers, employees, the government and researchers will have better access to data that will encourage earlier abatement of hazards and result in improved programs to reduce workplace hazards and prevent injuries, illnesses and fatalities. The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."

The public will have 90 days, through Feb. 6, 2014, to submit written comments on the proposed rule. On Jan. 9, 2014, OSHA will hold a public meeting on the proposed rule in Washington, D.C. A Federal Register notice announcing the public meeting will be published shortly.

The proposed rule was developed following a series of stakeholder meetings in 2010 to help OSHA gather information about electronic submission of establishment-specific injury and illness data. OSHA is proposing to amend its current recordkeeping regulations to add requirements for the electronic submission of injury and illness information employers are already required to keep under existing standards, Part 1904. The first proposed new requirement is for establishments with more than 250 employees (and who are already required to keep records) to electronically submit the records on a quarterly basis to OSHA.

OSHA is also proposing that establishments with 20 or more employees, in certain industries with high injury and illness rates, be required to submit electronically only their summary of work-related injuries and illnesses to OSHA once a year. Currently, many such firms report this information to OSHA under OSHA's Data Initiative.

OSHA plans to eventually post the data online, as encouraged by President Obama's Open Government Initiative. Timely, establishment-specific injury and illness data will help OSHA target its compliance assistance and enforcement resources more effectively by identifying workplaces where workers are at greater risk, and enable employers to compare their injury rates with others in the same industry. Additional information on the proposed rule can be found athttp://www.dol.gov/find/20131107/ and http://www.osha.gov/recordkeeping/proposed_data_form.html.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

"Freedom is never free."

Todays post is shared from the the Library of Congress

As a student of history, I often wonder how many people understand the significance of the date of Veterans Day and why it is always celebrated on the day of the holiday and not, like Labor Day or Memorial Day, observed on a Monday. The holiday began originally as a commemoration associated with World War I and then expanded to honor veterans of all modern conflicts.

Armistice Day, 1922 – Woodrow Wilson
standing in the doorway of his home
. [Source: Prints and Photographs, Library of Congress]

World War I began on July 28, 1914 when the Austrian-Hungarian empire prepared to invade Serbia in retaliation for the June slaying of the emperor’s heir – Archduke Ferdinand. Russia entered the war on Serbia’s side while Germany mobilized to help its ally, Austria. France and Britain, allies of Russia, were also drawn into the conflict and by the fall 1914, the trench warfare that would characterize the Western Front began. The United States, however, stayed out of World War I for almost three years. President Wilson waged a successful reelection campaign using the theme “He kept us out of war.”

However in 1917 Germany resumed their policy of unrestricted submarine warfare in an attempt to to starve out Britain but American losses brought the United States into the war on April 6, 1917. The...

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ADAO Testified at House Subcommittee Hearing – “TSCA has Failed”

Today's post was shared by Linda Reinstein and comes from www.asbestosdiseaseawareness.org

Linda Reinstein and
E & C Ranking Member
Henry Waxman

The Asbestos Disease Awareness Organization (ADAO) was honored to testify on Wednesday, September 18, 2013 at 2:00 PM EDT before the U.S. House Energy and Commerce Subcommittee on Environment and the Economy, chaired by Rep. John Shimkus (R-IL). The hearing,
entitled “Regulation of Existing Chemicals and the Role of Pre-Emption under Sections 6 and 18 of the Toxic Substances Control Act,” built on the subcommittee’s previous hearings examining reform of the Toxic Substances Control Act (TSCA).

There were a total of 6 experts who testified including Mark Greenwood (Principal, Greenwood Environmental Counsel PLLC), Justin Johnson (Deputy Secretary, Vermont Agency for Natural Resources), William Rawson (Partner and Chair, Chemical Regulation, Product Strategy & Defense Practice, Latham & Watkins, LLP), Jennifer Thomas (Director, Federal Government Affairs, Alliance of Automobile Manufacturers), and Lemuel Srolovic (Chief, Environmental Protection Bureau, NYS Office of the Attorney General).
Today’s hearing built on the subcommittee’s previous hearings examining TSCA.

Title I of the Toxic Substances Control Act: Understanding its History and Reviewing its Impact was held on June 13 and Regulation of New Chemicals, Protection of...

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Forty Percent Of Workers Made Less Than $20,000 Last Year

Wages set rates and premiums for workers' compensation. Increasing the wages of workers directly increases their benefits. Today's post was shared by Steven Greenhouse and comes from thinkprogress.org

Nearly 40 percent of all workers in the country made less than $20,000 last year, according to data from the Social Security Administration, which doesn’t include figures on benefits such as health insurance or pensions. That’s below the federal poverty threshold for a family of four and close to the line for a family of three. On average, these workers earned just $17,459.55.
Meanwhile, more than half of all workers made less than $30,000, not much more to live off of. Wider Opportunities for Women has estimated that a two-income family with two children needs to bring in nearly $72,000 a year to simply reach economic security. Two earners at this level won’t achieve that status.

As David Cay Johnston notes, the median wage was $27,519 in 2012, at the lowest level since 1998. That means half of all workers made more and half made less. But the average wage actually grew. “When the average wage grows but the median wage stagnates, it means that, statistically, only workers in the top half of the job market are experiencing increases,” he writes.
His analysis shows that most of the wage growth was for the top quarter of earners, or those who make about $50,000 and up. In fact, things are very good at the top. The number of workers making $5 million a year or more jumped by nearly 27 percent over 2011, and their total wages grew 40 percent, or 13 times the increase for all workers.
This income...

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Wage Statistics for 2012

Today's post was shared by Steven Greenhouse and comes from www.ssa.gov

The national average wage index (AWI) is based on compensation (wages, tips, and the like) subject to Federal income taxes, as reported by employers on Forms W-2. Beginning with the AWI for 1991, compensation includes contributions to deferred compensation plans, but excludes certain distributions from plans where the distributions are included in the reported compensation subject to income taxes. We call the result of including contributions, and excluding certain distributions, net compensation. The table below summarizes the components of net compensation for 2012.Net compensation components for 2012

The "raw" average wage, computed as net compensation divided by the number of wage earners, is $6,529,097,960,690.75 divided by 153,632,290, or $42,498.21. Based on data in the table below, about 67.1 percent of wage earners had net compensation less than or equal to the $42,498.21 raw average wage. By definition, 50 percent of wage earners had net compensation less than or equal to the median wage, which is estimated to be $27,519.10 for 2012.
Distribution of wage earners by level of net...

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For Many Workers, It’s Time To Consider Insurance Options

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

It’s annual enrollment time, the autumn period when many people with job-based health insurance ante up for another year.

Although news reports have fixated on the problems with the online health marketplaces that launched Oct. 1, for the vast majority of people that’s a nonissue. If they get insurance through a job at a company that has at least 50 employees, they probably won’t be using the marketplaces, also called exchanges.

That doesn’t mean people with employer-based plans are unaffected by the health law. As employers adjust plans to meet new requirements and try to reduce their costs, people can expect to see changes next year.

Overall, premium increases will be moderate in 2014, averaging 5.2 percent,according to a 2013 employer survey about planned health care changes by the human resources consultant Towers Watson. Last year, the increase was projected to be 5.9 percent in 2013.

But employers may raise rates disproportionately for spouses and dependents, the survey found. The health law requires plans to cover dependent children up to age 26, and most plans cover spouses too. But employers continue to try to minimize those costs by making it financially less attractive to employees to cover their family members. They may charge separately for each child on a plan, for example, or add a surcharge for covering a spouse who is also offered insurance through his or her own job. Some, such as UPS,have moved to cut off coverage...

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New WCMSA Reference Guide is Now Available

An updated Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide is now available in the Downloads section found at the bottom of this page. This version documents the current WCMSA review process and provides more detailed information on the actions performed by the Workers’ Compensation Recovery Contractor (WCRC).

CMS is currently working on additional enhancements to the WCMSA process. Stakeholders will be notified of these proposed changes prior to implementation. Please continue to monitor the WCMSA website for updates.

The following sections of the Guide have been enhanced or added:

9.4.1.1 – Most Frequent Reasons for Development Requests: The five most common omissions as provided by the WCRC.
9.4.2 – WCRC Team Background and Resources Used: The expertise of the WCRC reviewers as well as the resources used when reviewing a WCMSA.
9.4.3 – WCRC Review Considerations: Examples of the questions and factors that guide the WCRC’s review of WCMSA proposals. The overarching guidelines used in treatment allocations and pricing is also provided.
9.4.4 – Medical Review: A diagram and steps the WCRC follows in its medical review process with a general explanation of documentation requirements.
9.4.5 – Medical Review Guidelines: Considerations and examples in specific medical cases and topics.
9.4.6.1 – Prescription Drug Review: Details the process the WCRC follows in reviewing prescription medication allocations and the resources that may be used.
9.4.6.2 – Pharmacy Guidelines and Conditions: Discusses specific drug usage and pricing considerations.
10.1.8 – Pay history added to list of information needed for WCMSA submission.

Click here to read the guide.

Violence Occupational Hazards in Hospitals

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

About NIOSH

As part of the Centers for Disease Control and Prevention (CDC), the National Institute for Occupational Safety and Health (NIOSH) conducts research and makes recommendations to prevent work-related illness and injury. NIOSH works with industries, labor organizations, and universities to understand and improve worker safety and health.
NIOSH is often confused with OSHA (the Occupational Safety and Health Administration). However, NIOSH and OSHA are separate agencies with different functions. NIOSH is a CDC research agency in the U.S. Department of Health and Human Services. OSHA is a regulatory agency in the U.S. Department of Labor.

Introduction

Today more than 5 million U.S. hospital workers from many occupations perform a wide variety of duties. They are exposed to many safety and health hazards, including violence. Recent data indicate that hospital workers are at high risk for experiencing violence in the workplace. According to estimates of the Bureau of Labor Statistics (BLS), 2,637 nonfatal assaults on hospital workers occurred in 1999-a rate of 8.3 assaults per 10,000 workers. This rate is much higher than the rate of nonfatal assaults for all private-sector industries, which is 2 per 10,000 workers.
Several studies indicate that violence often takes place during times of high activity and interaction with patients, such as at meal times and during visiting hours and...

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Saturday, November 9, 2013

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About NIOSH

Introduction