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Friday, November 15, 2013

EXCLUSIVE: Volkswagen Isn’t Fighting Unionization—But Leaked Docs Show Right-Wing Groups Are

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

After Volkswagen issued a letter in September saying the company would not oppose an attempt by the United Auto Workers (UAW) to unionize its 1,600-worker Chattanooga, Tenn., facility, Sen. Bob Corker (R-Tenn.) was flabbergasted.

"For management to invite the UAW in is almost beyond belief," Corker, who campaigned heavily for the plant’s construction during his tenure as mayor of Chattanooga, told the Associated Press. "They will become the object of many business school studies—and I'm a little worried could become a laughingstock in many ways—if they inflict this wound."

Corker isn’t the only right-winger out to halt UAW’s campaign. In the absence of any overt anti-union offensive by Volkswagen, conservative political operatives worried about the UAW getting a foothold in the South have stepped into the fray.

Leaked documents obtained by In These Times, as well as interviews with a veteran anti-union consultant, indicate that a conservative group, Grover Norquist’s Americans for Tax Reform, appears to be pumping hundred of thousands of dollars into media and grassroots organizing in an effort to stop the union drive. In addition, the National Right-to-Work Legal Defense Foundation helped four anti-union workers in October file a complaint with the National Labor Relations Board claiming that Volkswagen was forcing a union on them. 

“Everyone is definitely looking at this fight,” the anti-union consultant, Martin...

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Report: Johnson & Johnson could settle hip replacement lawsuits for $4 billion

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

Johnson & Johnson has agreed to settle thousands of lawsuits over defective all-metal replacement hips for up to $4 billion, according to reports this week.
Sources told The New York Times Tuesday that the tentative plan would include patients who’ve already had the devices — Articular Surface Replacements — removed and replaced with something different.
Under the deal, each patient would receive about $350,000 on average in compensation.
The $4 billion settlement would be one of the largest payouts for medical device product liability claims, the Times noted.
But the final cost could increase, depending on how many claimants already implanted with the devices end up having operations to replace them in the future, the sources told the newspaper.
DePuy Orthopaedics, a subsidiary of Johnson & Johnson, recalled the ASRs in 2010.
Since then, more than 10,000 people have sued in state and federal courts in the United States.
The metal-on-metal replacement began to fail soon after implantation, as opposed to plastic and metal hip implants. Those typically last 15 years or more.
With the DePuy replacement, metal can flake off into the body and cause tissue and bone damage.
From Legal Newsline: Reach Jessica Karmasek by email at jessica@legalnewsline.com.
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Ecuadorian SC halves damages against Chevron

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

Kaplan
Kaplan

QUITO, Ecuador (Legal Newsline) — Ecuador’s Supreme Court on Tuesday upheld a $9.5 billion damage claim against Chevron Corp., but dismissed the $9 billion punitive damage award against the oil giant.

The opinion is the final ruling in the hotly contested lawsuit between the villagers of Ecuador and Chevron.

In 2011, a lower Ecuadorian court found Chevron liable for dumping billions of gallons of toxic waste into the Amazon, causing an outbreak of disease and decimating indigenous groups, and ordered the company to pay $19 billion.

Chevron has vowed never to pay the judgment.

Kaplan

It alleges that the Ecuador suit has been used to threaten the oil company, mislead U.S. government officials, and harass and intimidate its employees — all to extort a financial settlement from the company.

And soon after the 2011 ruling, the company filed a racketeering lawsuit in a New York federal court in an effort to prevent New York attorney Steven Donziger and the Ecuadorians from pursuing enforcement of the award.

Judge Lewis Kaplan, for the U.S. District Court for the Southern District of New York, continues to hear testimony in the case. The trial began last month.

In an email to Yahoo! News, Chevron spokesman James Craig called the Ecuadorian Supreme Court’s ruling “as illegitimate and unenforceable today as it was when it was issued.”

A spokesman for the legal team representing the Ecuadorian villagers countered, calling the court’s 220-page...

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Nearly 1,500 Hospitals Penalized Under Medicare Program Rating Quality

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

More hospitals are receiving penalties than bonuses in the second year of Medicare’s quality incentive program, and the average penalty is steeper than it was last year, government records show.

Medicare has raised payment rates to 1,231 hospitals based on two-dozen quality measurements, including surveys of patient satisfaction and—for the first time—death rates. Another 1,451 hospitals are being paid less for each Medicare patient they treat.

For half the hospitals, the financial changes that started last month are negligible: they are gaining or losing less than a fifth of one percent what Medicare otherwise would have paid. Others are experiencing greater swings. Gallup Indian Medical Center in New Mexico, a federal government hospital on the border of the Navajo Reservation, will be paid 1.14 percent less for each patient. Arkansas Heart Hospital in Little Rock, a physician-owned hospital that only handles cardiovascular cases, will get the largest bonus, 0.88 percent.

The bonuses and penalties are one piece of the health care law’s efforts to create financial incentives for doctors and hospitals to provide better care. They come at a tumultuous time as the technical problems of the healthcare.gov insurance portal and premium prices are stoking questions about the law’s viability. The incentives are among the law’s few cost-control provisions that have kicked in, but it is too early to tell how effective they will be in making...

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National Labor College Will Close Its Doors

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

In a brief statement on its website, the National Labor College announced on Wednesday that its board had “reluctantly decided to accept the inevitability of our closure” because of continuing financial difficulties. The beleaguered college, which began in 1969 as a labor-studies center to educate working adults who belonged to labor unions, has granted baccalaureate degrees since 1997, serving students both online and on its campus, in a Maryland suburb of Washington, D.C.

Two years ago, the college prematurely ended a planned five-year distance-education alliance with a for-profit partner, a subsidiary of Princeton Review Inc., citing slow enrollment gains. In 2012 the college announced its intention to sell its 47-acre campus and move its academic programs entirely online. But The Washington Post reported in July that a deal to sell the property had fallen through.

The college’s president, Paula E. Peinovich, said in the statement that the college did not yet have a specific date for closure. College officials “will provide information as soon as we can detailing how the shutdown will proceed,” she said, adding that the process would probably take “many months.”

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Obama Moves to Avert Cancellation of Insurance

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

WASHINGTON — President Obama, trying to quell a growing furor over the rollout of his health care law, bowed to bipartisan pressure on Thursday and announced a policy reversal that would allow insurance companies to temporarily keep people on health plans that were to be canceled under the new law because they did not meet minimum standards.

The decision to allow the policies to remain in effect for a year without penalties represented the Obama administration’s hurriedly developed effort to address one of the major complaints about the beleaguered health care law. It seemed for the moment to calm rising anger and fear of a political backlash among congressional Democrats who had been threatening to support various legislative solutions opposed by the White House because of their potential to undermine the law.

Senate Democratic leaders said they did not see the need for an immediate legislative fix — a victory for White House officials worried that momentum was building toward consideration of a measure to force the change.

The Republican-controlled House is still set to vote Friday on a bill by Representative Fred Upton, Republican of Michigan and chairman of the Energy and Commerce Committee, that would allow Americans to keep their existing health coverage through 2014 without penalties — as well as allow new people to continue to buy the plans, something the White House said would gut the Affordable Care Act.

The president’s announcement...

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Corporate America’s new scam: Industry P.R. firm poses as think tank!

Today's post was shared by Steven Greenhouse and comes from www.salon.com

Corporate America's new scam: Industry P.R. firm poses as think tank!
Corporate America's new scam: Industry P.R. firm poses as think tank!

When scholars at University of California, Berkeley, recently released a study finding that low wages in the fast food industry cost taxpayers $7 billion every year in social supports to subsidize salaries of low-income workers, they ran into a respectable-sounding opponent. The professors had argued that the minimum wage should be increased to relieve the burden on taxpayers who underwrite supersize restaurant industry profits.

But as the bona fide academic study rolled out, multiple media outlets ran comments criticizing the report’s numbers and methodology from the scholarly sounding “Employment Policies Institute.”  The Austin Business Journal characterized EPI as a think tank “which studies employment growth,” while the Miami Herald ran a quote from Michael Saltsman, whom the paper named as EPI’s “research director.”

For his part, Saltsman ran aggressive Op-Eds against any minimum wage increase in papers such as the the Missoulian, where he was described as EPI’s “research fellow.” In an Op-Ed he wrote for the Washington Post, his title was listed as EPI’s “research director” but with a notation that EPI “receives funding from restaurants, among other sources.” But even this partial disclosure provides a disservice to readers in the nation’s capital.

In fact, the...

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Leaders make last ditch plea for Boeing deal as Machinists remain defiant

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

BY Josh Kerns  on November 12, 2013 @ 5:09 pm (Updated: 5:40 pm - 11/12/13 ) Everett Mayor Ray Stephanson and Snohomish County Executive John Lovick are urging Machinists union members to approve the proposed contract extension with Boeing to make sure the 777X is built in the Puget Sound area. But plenty of union members say they aren't swayed by the plea.

"So much depends on this vote," said Lovick. "The nation and the world are watching to see what happens. Our competitors will take advantage of any opportunity to move ahead of us."

Boeing officials have promised to build the next generation jet in Washington state if union members approve a new eight-year contract extension. Governor Jay Inslee signed several tax breaks and other incentives for Boeing into law Monday.

Union members say Boeing's demands for concessions on health care and pension equates to extortion.

"It is not an extension. It is a whole new contract," says one Boeing machinist who spoke with KIRO Radio on condition of anonymity via phone from the Everett plant, where she works on the 777. "It guts our contract. It leaves us no room for anything, ever."

The structures mechanic says along with elimination of the company pension plan in favor of a 401(k), workers are most angry with what amounts to just a six percent raise total over the next 10 years, while the top five executives received a 55 percent raise last year.

"(CEO Jim) McNerney's now making $27 million and they want to begrudge us our little...

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Attorneys argue over Okla. workers' comp lawsuit

Oklahoma's new workers' compensation law violates the state Constitution in several ways and should be struck down, an attorney for two state lawmakers and a firefighter's organization told a state Supreme Court referee Thursday.
"There are some very, very disturbing aspects," Oklahoma City attorney John McMurry said during oral arguments before referee Greg Albert. "There is a lot before the court in this particular case."
Among other things, McMurry said the law unconstitutionally delegates legislative powers and amounts to unconstitutional logrolling, or combining multiple subjects into one bill. But Oklahoma Solicitor General Patrick Wyrick and an attorney for business groups defended the law, saying it should be given a chance to work.
"The common theme is apparent here. ... How are we going to handle workers' compensation cases?" said attorney Robert McCampbell, who represents The State Chamber, the Greater Oklahoma City Chamber of Commerce and the Tulsa Regional Chamber of Commerce.
Albert said he planned to condense the attorney's arguments into a report he will present to the state's highest court next week. He said the court could decide whether to take up the case before the end of the month.
Legislation to overhaul the state's workers' compensation system was signed into law by Republican Gov. Mary Fallin in May. It was a top priority for Republican leaders who say the state's previous system was a detriment to business and industry in the...
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Lawyers resist Cuomo administration shutdown of workers comp hearing sites

ALBANY—A New York State Bar Association subcommittee is questioning a Cuomo administration plan to close eight workers compensation hearing sites, saying it would reduce access to an important legal process for sick and injured workers.

The letter is the latest example of agitation within New York's legal establishment over plans by the state Workers Compensation Board to shut down eight hearing sites, mostly in rural areas upstate, by the end of the month.

WCB officials say it will save taxpayer money without impacting potential claimants, who can phone into their hearings. But the letter, signed by eight lawyers comprising the NYSBA's special committee on the topic, says the closures are “especially disturbing” and are “not going to improve the administration of justice in the workers' compensation system.”

“While we appreciate every state agency is trying to reduce costs, the closing of these eight hearing points will create a tremendous hardship for the injured/disabled workers and their employers by requiring they travel extensive distances to attend workers' compensation hearings, resulting in increased time and travel expenses and ultimately shifting any cost savings from these closures from the Board to the injured workers and employers,” the lawyers write.

WCB spokeswoman Rachel McEneny said savings from the closures was approved in this year's budget, and is part of an ongoing effort. The goal is to save $300,000 a year,...

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Thursday, November 14, 2013

The High Price of Gas – Mileage Reimbursement for Injured Workers

Today's post comes from guest author 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 seen here.  When money is tight, making sure you receive everything you are entitled to under your claim is important!

 Photo credit: Eric Fischer / Foter / CC BY

Boeing Workers Reject Labor Deal in Washington State

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

Members of a union representing thousands of Boeing employees voted late Wednesday to reject a controversial labor deal that would have cut compensation but have kept assembly of the company’s new 777X jets in Washington State, raising the chance that Boeing will move more production away from its traditional manufacturing base in the Seattle area.

In a ballot that was seen as a bellwether for the state of organized labor in America, 67 percent of the members of the local branch of the International Association of Machinists and Aerospace Workers voted against the eight-year contract extension, according to a statement posted on the union’s website.

“We preserved something sacred by rejecting the Boeing proposal,” Tom Wroblewski, the local president of the union, said in the statement. “We’ve held on to our pensions and that’s big. At a time when financial planners are talking about a ‘retirement crisis’ in America, we have preserved a tool that will help our members retire with more comfort and dignity.”

Boeing, which last week had threatened to relocate assembly of the highly anticipated new jet model to other locations if the union contract failed to pass, expressed regret over the result.

“We are very disappointed in the outcome of the union vote,” Ray Conner, the president and chief executive of Boeing’s commercial aircraft division, said late Wednesday in an emailed statement....

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Wednesday, November 13, 2013

Professionalism and Caring for Medicaid Patients — The 5% Commitment?

Today's post was shared by NEJM and comes from www.nejm.org

Interview with Prof. Sara Rosenbaum on the health care safety net, Medicaid expansion, and access to care.
Interview with Prof. Sara Rosenbaum on the health care safety net, Medicaid expansion, and access to care.
Medicaid is an important federal–state partnership that provides health insurance for more than one fifth of the U.S. population — 73 million low-income people in 2012. The Affordable Care Act will expand Medicaid coverage to millions more. But 30% of office-based physicians do not accept new Medicaid patients, and in some specialties, the rate of nonacceptance is much higher — for example, 40% in orthopedics, 44% in general internal medicine, 45% in dermatology, and 56% in psychiatry.1 Physicians practicing in higher-income areas are less likely to accept new Medicaid patients.2 Physicians who do accept new Medicaid patients may use various techniques to severely limit their number — for example, one study of 289 pediatric specialty clinics showed that in the 34% of these clinics that accepted new Medicaid patients, the average waiting time for an appointment was 22 days longer for children on Medicaid than for privately insured children.3
Physicians have good reasons for not accepting Medicaid patients, as I learned from direct experience as a member of a nine-physician primary care practice in California. We accepted Medicaid patients, but it was difficult. Medicaid's payment rate was very low — we lost money on each Medicaid visit. When referrals were necessary, we often had to personally ask specialists to accept our patient....
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Malignant Mesothelioma Treatment (PDQ®)

Today's post was shared by Linda Reinstein and comes from www.cancer.gov

Malignant mesothelioma is a disease in which malignant (cancer) cells form in the lining of the chest or abdomen.
Malignant mesothelioma is a disease in which malignant (cancer) cells are found in the pleura (the thin layer of tissue that lines the chest cavity and covers the lungs) or the peritoneum (the thin layer of tissue that lines the abdomen and covers most of the organs in the abdomen). This summary is about malignant mesothelioma of the pleura.
Respiratory anatomy; drawing shows right lung with upper, middle, and lower lobes; left lung with upper and lower lobes; and the trachea, bronchi, lymph nodes, and diaphragm. Inset shows bronchioles, alveoli, artery, and vein.
Respiratory anatomy; drawing shows right lung with upper, middle, and lower lobes; left lung with upper and lower lobes; and the trachea, bronchi, lymph nodes, and diaphragm. Inset shows bronchioles, alveoli, artery, and vein.
Being exposed to asbestos can affect the risk of malignant mesothelioma.
Anything that increases your chance of getting a disease is called a risk factor. Having a risk factor does not mean that you will get cancer; not having risk factors doesn’t mean that you will not get cancer. Talk to your doctor if you think you may be at risk.
Many people with malignant mesothelioma have worked or lived in places where they inhaled or swallowed asbestos. After being exposed to asbestos, it usually takes a long time for malignant mesothelioma to form. Other risk factors for malignant mesothelioma include the following:
Possible signs of malignant mesothelioma include shortness of breath and pain under the rib cage.
Sometimes the cancer causes fluid to collect around the lung or in the abdomen. These symptoms may...
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The Chemical Safety Improvement Act Falls Short: Open Letter to Congress

Today's post was shared by Linda Reinstein and comes from www.huffingtonpost.com

2013-11-13-karunajaggar.jpg
2013-11-13-karunajaggar.jpg
To: Members of the U.S. House of Representatives Committee on Energy and Commerce Subcommittee on Environment and the Economy
I am writing to express serious concerns about the Chemical Safety Improvement Act, in advance of tomorrow's hearing, S. 1009 Chemical Safety Improvement Act.
Breast Cancer Action is a national, feminist grassroots education and advocacy organization that works to address and end the breast cancer epidemic. Breast Cancer Action is committed to reducing involuntary exposures to toxins that are linked to increased risk for breast cancer.
Breast Cancer Action recognizes that the current congressional interest in the Toxic Substances Control Act (TSCA) represents an important opportunity to pass landmark cancer prevention legislation. After years of work, along with our partners, for strong regulation of toxic chemicals we are heartened to see widespread agreement that TSCA is a top priority for the current Congress.
However, we recognize that some proposed changes to current law do not adequately protect public health. We believe that the Chemical Safety Improvement Act (CSIA) as it is currently written falls short of the reforms that are needed to stop breast cancer before it starts. This bill in its current form not only lacks key requirements to protect people and our planet from toxic chemicals, but if implemented, could actually weaken the few strong toxic chemical regulations that currently exist.
In short, Breast Cancer...
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FDA Proposes Letting Generic-Drug Makers Change Labels

Today's post was shared by FairWarning and comes from online.wsj.com

The Food and Drug Administration proposed allowing generic drug companies to change drug labels after getting reports of bad reactions in patients, a step that could open the generic industry up to greater potential legal liability.
In 2011 and again this year, the Supreme Court issued rulings that shielded generic drug makers from consumer personal-injury lawsuits, even though the justices have allowed similar product-liability claims against makers of branded drugs.
The step Friday by the FDA means that generic companies—which sell about 84% of the prescription drugs by volume in the U.S.—would have the same ability to change their labels as brand companies. The FDA would review any proposed changes, as it already does with changes to branded-drug labels.
"Our effort is to keep all the labels the same, and to level the playing field," said Janet Woodcock, director of the FDA's center for drug evaluation and research. The proposal, she said, "would change current procedures, where only the brand companies can unilaterally put certain safety information in the label."
The Generic Pharmaceutical Association reacted cautiously, saying it is concerned that multiple labels on the same drug "could drive up costs…and should be approached very carefully."
Some of the leading makers of generic drugs include Hospira Inc., HSP +0.55%Hospira Inc.U.S.: NYSE$38.74 +0.21+0.55% Nov. 12, 2013 4:00 pm Volume (Delayed 15m) : 2.36MAFTER HOURS$38.58 -0.16-0.43% Nov. 12, 2013...
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