Workers' Compensation

Friday, November 22, 2013

Work, Women and Caregiving

Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com

Robert Lang/Getty Images

Trying to hold onto a job while caring for a family member is a tough juggling act. Caregivers sometimes have to arrive late or leave early, cut back to part-time work, and decline travel or promotions.

For women, these competing responsibilities may prove particularly perilous, a study recently published in the Journal of Applied Gerontology suggests. Women who are caregivers are also significantly less likely to be in the labor force, compared to women who are not caregivers.

Yet for men, caregiving has no impact on employment status.
The authors, two professors of social work, unearthed these patterns in national data gathered in 2004 in the Health and Retirement Study. They looked at participants aged 50 to 61, more than 5,100 people, roughly a third of them family caregivers. About 4 percent were caring for a spouse, 15 percent for a grandchild and about 20 percent for a parent; some took care of more than one relative.
(Every study seems to use a different definition of caregiving. In this case, the researchers defined it as caring for parents or grandchildren for at least 100 hours over two years; spousal caregivers had no minimum time requirement.)

As in virtually every other study, women were more likely to care for parents. Seven percent of the total sample assisted with parents’ personal needs, compared to 3.6 percent of men. Close to 16 percent of men helped parents with chores, errands and transportation, while more than 20 percent of...

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Overlooked Lymph Nodes in Rib Cage Have Prognostic Power for Mesothelioma Patients

A potential tool to diagnosis and treatment mesothelioma has been reported.

For the first time, researchers from the Perelman School of Medicine at the University of Pennsylvania have shown the predictive power of a group of overlooked lymph nodes--known as the posterior intercostal lymph nodes--that could serve as a better tool to stage and ultimately treat patients with malignant pleural mesothelioma.

The findings were presented October 28 at the 15th World Conference on Lung Cancer.
Physicians look to lymph nodes to stage essentially all cancers, including mesothelioma. The presence or absence of metastatic cancer cells in lymph nodes affects prognosis and also typically dictates the optimal treatment strategy. But posterior intercostal lymph nodes, which are located between the ribs near the spine, have not been previously used to stage or guide treatment of malignant pleural mesothelioma or any other cancer.

Silica exposures in fracking : Over 60 percent of workers may be excessively exposed

Silica exposure ironically was were the original workers' compensation exposures brought into the model acts post enactment ( 40 years+) as a vehicle to shelter employers from liability exposures. Today's post is shared from the Pump Handle

At least 1.7 million US workers are exposed to respirable crystalline silica each year, this according to the National Institute for Occupational Safety and Health (NIOSH).

These exposures occur in a variety of industries, among them construction, sandblasting, mining, masonry, stone and quarry work, and in the rapidly expanding method of oil and gas extraction known as hydraulic fracturing or fracking.

This exposure can lead to silicosis, an irreversible, and sometimes fatal, lung disease that is only caused by inhaling respirable silica dust. Silica exposure also puts exposed workers at risk of lung cancer, pulmonary tuberculosis and other respiratory diseases.

It is also associated with autoimmune disorders, chronic kidney disease and other adverse health effects.

As big a number as 1.7 million is (about 200,000 more people than currently live in Philadelphia), the “true extent of the problem is probably greater than indicated by available data,” according to NIOSH.

The CDC agency has also written, there “are no surveillance data in the US that permit us to estimate accurately the number of individuals with silicosis.”

It is against this backdrop of ongoing exposures of nearly 2 million silica-exposed workers and the serious health effects, that the Occupational Safety and Health Administration (OSHA) has proposed a regulation to address the hazard. One provision of the proposal would update the agency’s...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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California Doctors Prescribe More Name-Brand Drugs Than Any Other State

Today's post was shared by Huffington Post and comes from www.huffingtonpost.com

The only thing that perhaps matched the vastness of the spread or the depth of the traction of the "death panel" lie was the predictability that such a lie would come to be told in the first place.

After all, this was a Democratic president trying to sell a new health care reform plan with the intention of opening access and reducing cost to millions of Americans who had gone without for so long. What's the best way to counter it?

Tell everyone that millions of Americans would have increased access ... to Death! The best account of how the "death panel" myth was born into this world and spread like garbage across the landscape has been penned by Brendan Nyhan, who in 2010 wrote "Why the "Death Panel" Myth Wouldn't Die: Misinformation in the Health Care Reform Debate."

Johnson & Johnson hip implant settlement price could soar above $4 billion

Today's post was shared by FairWarning and comes from www.nj.com

A settlement Johnson & Johnson finalized yesterday over faulty hip implants could be worth more than the initial $2.5 billion price.

Johnson & Johnson agreed to pay at least $2.47 billion to settle thousands of lawsuits over its recalled hip implants, lawyers for the company and patients told a judge in outlining an accord that may be worth more than $4 billion.

The agreement would resolve about 8,000 U.S. suits against J&J’s DePuy unit brought by patients who have already had artificial hips removed, Susan Sharko, one of the company’s lawyers, told U.S. District Judge David Katz yesterday in Toledo, Ohio.

The company will pay an average of about $250,000 for each surgery and cover related medical costs, Sharko said.

“The settlement provides compensation for eligible patients without the delay and uncertainty of protracted litigation,” Andrew Ekdahl, worldwide president of DePuy Synthes Joint Reconstruction said in a statement.

The settlement, which doesn’t require the judge’s approval, is the second multibillion-dollar accord this month for J&J, the world’s largest seller of health-care products.

The company, based in New Brunswick, New Jersey, agreed Nov. 4 to pay $2.2 billion to resolve criminal and civil probes into the marketing of...

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Cause of Gas Leak That Killed 2 Colorado Miners Is Sought

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

Federal mine safety inspectors on Monday were trying to determine the cause of an accident that killed two miners and injured 20 others near the mountain town of Ouray in southwestern Colorado.

According to the Mine Safety and Health Administration, a foreman and a miner at the Revenue Virginius Mine, which conducts underground gold and silver mining, were overcome by gas in an area where an explosive had been detonated.

The fallen miners, identified as Nick Cappanno, 34, of Montrose, and Rick Williams, 59, of Durango, died of carbon monoxide poisoning, officials said.

Mine rescue teams searching for the men detected fatal levels of the gas, and 20 miners were taken to hospitals, said Amy Louviere, a spokeswoman for the mine safety agency. All have been released.

The mine, owned by Star Mine Operations of Denver, has been cited for more than two dozen federal safety violations since the company began operating it in 2011.

Many of the violations involved the misuse of electrical equipment and machinery, or a failure to follow safety precautions, federal mine safety records show.

In the most recent incident, on Oct. 22, federal inspectors cited the company for failing to secure gas cylinders safely and for using defective equipment.

According to the mine safety agency, the rate of workdays lost to nonfatal accidents at the mine was more than double the national average for each of the past two years.

Rory Williams, the mine’s manager, who is not related...

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New Scrutiny for Medical Devices

Today's post was shared by FairWarning and comes from well.blogs.nytimes.com

Metal-on-metal replacement hips remain high-risk, but other devices are to be downgraded.

Wayne Schneider’s heart stopped beating late last year while the Minneapolis paramedic was out on an emergency call.

Another medic performed CPR for a few minutes, and then used a medical device that delivered cardiac compressions mechanically for 64 minutes, until Mr. Schneider’s heart started beating normally on its own.

“I’m not sure people would have been able to sustain manual CPR for so long,” said Mr. Schneider, 57. “I’m a lucky guy.”

Stephen Colbert Chides Walmart For Employee Food Drive

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

Earlier this week, news broke that at least one Walmart store was holding a Thanksgiving food drive -- for its own employees. Many saw this as evidence that the world's largest employer would rather rely on charity than pay a reasonable living wage.

On last night's "Colbert Report," Stephen Colbert sarcastically praised the corporate giant for sticking to its guns in offering low wages to maximize profits, although not for the food drive itself.

"Some critics out there say Walmart isn't doing enough, but they're wrong, because Walmart isn't doing anything," he said. "These bins are for Walmart employees to donate to other employees.

McDonald’s tells workers to “sing away stress,” “chew away cares” and go to church

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

McDonald’s advises its low-wage workers to try “breaking food into pieces” to feel full, and urges them to “pack your bags” for vacation, “chew away cares” with gum, “keep the faith” by going to church, and “sing away stress.”

These and other tips appear on a “McResource Line” website created by the McDonald’s Corp. to advise workers on stress, health and personal finances.

Among the tips that appear on the site: “Chewing gum can reduce cortisol levels by 16%”; “At least two vacations a year can cut heart attack risk by 50%”; “Singing along to your favorite songs can lower your blood pressure”; and “People who attend more church services tend to have lower blood pressure.”

The site also offers dietary tips for physical and mental health: “The tryptophan in cheese will increase serotonin levels and boost your mood”; “Trans fats raise the risk of depression, while olive oil can prevent the blues” and “Breaking food into pieces often results in eating less and still feeling full.” (That last one may be intended as dietary rather than budgetary advice.)

Some of those tips are featured in a new video slamming McDonald’s, released Tuesday afternoon...

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Income Growth Has Stalled for Most Americans

Workers' Compensation is basically a system based on wages that determine benefits. Over the decades the spread or "inequality" of wealth has moved more workers into a lower pay class wherein they only receive the minimum rates of workers' compensation benefits despite what appears to be yearly increases in rate structures. Today's post was shared by Mother Jones and comes from www.motherjones.com

Yesterday the Census Bureau released its latest income data, confirming what millions of Americans already know: The recession may be over, but the recovery has yet to trickle down. Specifically, the Census reported that median household incomes didn't budge between 2011 and 2012.

Digging deeper into the new data reveals more evidence of the widening income gap between the rich and the rest.

The only bright side of stalled incomes is that they are no longer experiencing the steep decline that started in 2007 before the recession hit. But that's hardly cause for celebration: At $51,017, the real median household income in 2012 is even less than it was at the end of the '80s, and it's down 9 percent from its high in 1999.

This loss of real income hasn't affected all Americans equally. For the top 20 percent of earners, average incomes grew 70 percent since 1967, and they grew 88 percent for the top 5 percent. Meanwhile, middle-income households have seen their earnings grow just 20 percent in the past four decades.

This translates into a greater share of total income going to top earners. In 2012, the top 20 percent took in more than half of all income in the United States, according to the Census.

To put that into sharper focus, I've charted how each percentile's share of total income has changed since the late '60s. After experiencing significant growth in the mid-1970s, the bottom 20 percent of earners have seen their share steadily drop. Compare that...

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Thursday, November 21, 2013

California Chemical Plant Leaking Sulfuric Acid Sickens 70

A sulphuric acid leak at the Solvay chemical plant in California earlier this week has made about 70 people ill, Reuters reports.
A malfunctioning scrubber machine at the Carson, Calif., chemical company caused the leak, according to Los Angeles County Fire Department official Phil Ulloa. Ulloa told Reuters 13 people in the Carson area were treated at hospitals after complaining of nose and throat irritation and vomiting. All 13 were later released.
Reuters says it was not immediately clear if there were any workers at the Solvay plant when the leak occurred.
Last month, the US Department of Labor’s Occupational Safety and Health Administration launched two new web resources that aim to safeguard workers from exposure to hazardous chemicals in response to its own out-of-date standards. The government agency’s exposure standards, which were developed in the 1970s, are out-of-date and inadequately protective for the small number of chemicals that are regulated in the workplace, OSHA says.

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Reducing Worker Exposure to ETS

What better time than during the American Cancer Society’s annual Great American Smokeout to highlight the benefit of comprehensive smoke-free workplaces on the health of workers?

Occupational pulmonary case dismissed by court for lack of evidence

A New Jersey Appellate Court dismissed an occupational pulmonary claim for lack of credible evidence. The court reversed an award of 5% permanent partial pulmonary disability of a claim filed by employee loaded and unloaded baggage for US Airways.

In its decision, the court found that there was a lack of credible evidence proving both exposure as well as medical findings and factual evidence that would be able to meet the criteria to establish a claim for an occupational disability. The worker alleges that between 1987 and 2008 he worked in areas that lacked ventilation and there was an exposure to two fumes.

The petitioner testified that his condition did not affect his ability to work and that he was able to volunteer for overtime work. Over the 10 years that the claimant worked for the employer he did not report a condition to his employer, did not seek medical treatment from an allergist or a pulmonologist.

Furthermore, the medical expert who testified on behalf of of the petitioner, Dr. Malcolm Hermele, relied only upon x-ray findings demonstrating"Increased interstitial markings," and pulmonary function testing. There were no clinical signs by way of wheezing, rales or rhonchi.

Respondents medical expert, Dr. Benjamin Saperstein, reported that the physical examination of the petitioner was "perfectly normal." Dr. Saperstein also testified that Dr. Hermele’s X-ray was of poor quality.

In reviewing the record below, the appellate tribunal, concluded that the judges decision below lacked credible findings to sustain a claim for Workers’ Compensation benefits. The court focused upon the statutory authority of N.J.S.A. 34:15-36 that defines permanent disability and quality impartially character."Injuries such as minor lacerations, minor contusions, minor springs, and scars which do not constitute significant disfigurement, an occupational disease of the minor nature such as mild dermatitis and mild bronchitis show not constitute permanent disability within the meaning of this definition.”

The court relied upon the sentinel case of Fiore v. Consolidated Freightways, 140 NJ 452, 470 (1995) we're in the New Jersey Supreme Court interpret the occupational disease definition as established under N.J.S.A. 34:15-31, as "designated to compensate "diseases arising out of the workplace, and not the ordinary diseases of life.”

Anthony DiFrabrizio v US Airways, ___A.3d___, 2013 WL 601534 (NJ App. Div. 2013) docket number 8-1497-12T4

Andrea Graf, Esq. (Appellant-US Airways)

Ricky E. Bagolie, Eq. (Appellant-Anthony DiFrabrizio)

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Two miners dead in Colorado, 20 others injured after Ouray blast

Today's post was shared by votersinjuredatwork and comes from www.denverpost.com

The two miners who were killed Sunday in Ouray died from carbon monoxide poisoning, authorities said. An explosion was ruled out as the immediate cause of the incident that sent 20 other miners to Western Slope hospitals.
The source of the poisonous gas, however, is under investigation. At a press conference Sunday night authorities said they were are looking at whether a small explosion in the mining process on Saturday might have been the source of the carbon monoxide.
The miners who were killed were identified as 34-year-old Nick Cappano of Montrose and Rick Williams, 59, of Durango. The other miners were expected to be OK, said Rory Williams, the operations manager for Denver-based Star Mine LLC.
"I knew both of these individuals personally," said Williams, who said he is no relation to Rick Williams. "They were hard-working men. They were great men. They will be remembered indeed."
Williams said all of the men are required to wear personal respirators and the two who died had them.
"As far as we can tell it doesn't appear to be an equipment malfunction," he said.
Williams said gas detectors are common on the site, and telephones link underground tunnels to the surface and other locations on the 34-acre site.
The Revenue-Virginius Mine, six miles south of Ouray, resumed operation this year at a historic site that produced silver from 1876 into the 1940s.
Star Mine received a permit from the state Feb. 5 to mine silver, gold and sulfides there. About 100 miners work at the...

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Draft Current Intelligence Bulletin “Update of NIOSH Carcinogen Classification and Target Risk Level Policy for Chemical Hazards in the Workplace”

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

The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC) announces the availability of the following draft document for public comment entitled “Current Intelligence Bulletin: Update of NIOSH Carcinogen Classification and Target Risk Level Policy for Chemical Hazards in the Workplace.” To view the notice, document and related materials, visit http://www.regulations.gov and enter CDC-2013-0023 in the search field and click “Search.” Additional information is also located at the following Web site: http://www.cdc.gov/niosh/topics/cancer/policy.html. Comments may be provided to the NIOSH docket, as well as given orally at the following meeting.

Public Comment Period: Comments must be received by February 13, 2014.

Public Meeting Time and Date: December 16, 2013, 9 a.m.-4 p.m., Eastern Time. Please note that public comments may end before the time indicated, following the last call for comments. Members of the public who wish to provide public comments should plan to attend the meeting at the start time listed.

Place: Surface Transportation Board Hearing Room, Patriots Plaza One, 395 E Street SW., 1st Floor, Room 120, Washington, DC 20201.

Status: The meeting is open to the public, limited only by the space available. The meeting space accommodates approximately 150 people. In addition, there will be an audio conference for those who cannot attend in person. There is no registration fee to...

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South Lanarkshire Council asbestos ruling 'ends uncertainty'

The complexity of assessing liability in a latent occupational disease claim, Such as asbestos related disease, is challenging. Today's post was shared by Linda Reinstein and comes from m.bbc.co.uk

A council has been held liable over the death of a man it never employed in a ruling which lawyers say removes a "black hole" around asbestos claims.
David Bavaird died in 2008 - 12 years after South Lanarkshire Council assumed the liabilities of his ex-employer, the East Kilbride Development Corporation.
The council's case that it was not liable as he was not ill in 1996 was rejected at the Court of Session.
His family's lawyers said defeat may have meant other claims failed too.
The court heard that Mr Bavaird was exposed to asbestos during his employment with the corporation in the 1960s.
Liability transfer
The corporation was wound up in 1996 and its legal liabilities were transferred to South Lanarkshire Council.
Mr Bavaird, who was from East Kilbride, died of the asbestos-related lung disease, mesothelioma, in 2008.
His family subsequently raised an action against the council and other bodies.

This was a highly complex case, as was reflected by Lord Brailsford's earlier ruling that the council could not be held liable

A previous ruling at the outer house of the Court of Session in October last year upheld the council's case that it was not liable.
This ruling has now been overturned by the inner house judges, Lady Paton sitting with Lord Drummond Young and Lord Marnoch.
Following the ruling, Laura Blane, from Thompsons Solicitors, who represented Mr Bavaird's family, said: "Had the Court of Session not...

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Wednesday, November 20, 2013

Why Does Healthcare Cost So Much in America?

This blog post of 11/20/2013 has been removed click here for newer content.

FDA warns of rare but serious risk of heart attack and death with cardiac nuclear stress test drugs Lexiscan (regadenoson) and Adenoscan (adenosine)

The U.S. Food and Drug Administration (FDA) is warning health care professionals of the rare but serious risk of heart attack and death with use of the cardiac nuclear stress test agents Lexiscan (regadenoson) and Adenoscan (adenosine). We have approved changes to the drug labels to reflect these serious events and updated our recommendations for use of these agents. Health care professionals should avoid using these drugs in patients with signs or symptoms of unstable angina or cardiovascular instability, as these patients may be at greater risk for serious cardiovascular adverse reactions.

Lexiscan and Adenoscan are FDA approved for use during cardiac nuclear stress tests in patients who cannot exercise adequately. Lexiscan and Adenoscan help identify coronary artery disease. They do this by dilating the arteries of the heart and increasing blood flow to help identify blocks or obstructions in the heart’s arteries. Lexiscan and Adenoscan cause blood to flow preferentially to the healthier, unblocked or unobstructed arteries, which can reduce blood flow in the obstructed artery. In some cases, this reduced blood flow can lead to a heart attack, which can be fatal.
The Warnings & Precautions section of the Lexiscan and Adenoscan labels previously contained information about the possible risk of heart attack and death with use of these drugs. However, recent reports of serious adverse events in the FDA Adverse Event Reporting...

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Sleep Therapy Seen as an Aid for Depression

Will workers' compensation provide benefits for sleep therapy to avoid or treat depression? Today's post was shared by AJ Chavar and comes from www.nytimes.com

Curing insomnia in people with depression could double their chance of a full recovery, scientists are reporting. The findings, based on an insomnia treatment that uses talk therapy rather than drugs, are the first to emerge from a series of closely watched studies of sleep and depression to be released in the coming year.

The new report affirms the results of a smaller pilot study, giving scientists confidence that the effects of the insomnia treatment are real. If the figures continue to hold up, the advance will be the most significant in the treatment of depression since the introduction of Prozac in 1987.

Depression is the most common mental disorder, affecting some 18 million Americans in any given year, according to government figures, and more than half of them also have insomnia.

Experts familiar with the new report said that the results were plausible and that if supported by other studies, they should lead to major changes in treatment.

“It would be an absolute boon to the field,” said Dr. Nada L. Stotland, professor of psychiatry at Rush Medical College in Chicago, who was not connected with the latest research.

“It makes good common sense clinically,” she continued. “If you have a depression, you’re often awake all night, it’s extremely lonely, it’s dark, you’re aware every moment that the world around you is sleeping, every concern you have is magnified.”

The study is the first of four on sleep and...

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Port truck drivers from 3 firms on strike

Truck drivers usually have challenging times with workers' compensation claims. Being off-premises most of the time and at high risk for transportation accidents on the road create complex factual situations. Worker's Compensation insurance carriers notoriously challenge truck driver claims. .'sToday's post was shared by Steven Greenhouse and comes from www.latimes.com

Port truck drivers from three Carson-based firms went on strike Monday, alleging unfair labor practices by their employers, union organizers said.

Truck drivers from Green Fleet Systems allege their employer has in recent months retaliated against them for their efforts in seeking to unionize, organizers said.
This is their second strike in less than three months. In late August, truck drivers went on a 24-hour strike that ended with a rally with clergy before returning to work.
The other trucking firms being picketed are Pac 9 Transportation and American Logistics International, both based in Carson.
Alex Cherin, a spokesman for Green Fleet and Pac 9, characterized the strikes as "the desperate acts of a group trying to force their agenda on an industry that time and time again has simply rejected them."
Cherin said the majority of employees and drivers at Green Fleet do not want a union. In a statement, he said the company offers its employees competitive wages and benefits. "Because of this, and because of our demonstrated safety record, the overwhelming majority of our drivers vehemently and passionately have voiced their opposition to the current strike and organization effort."
Union organizers said they plan to picket the three firms for 36 hours.

The dispute between organizers and the firm centers over charges of unfair labor practices. Organizers said truck drivers have been harassed and intimidated by Green Fleet management as...

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Copyright

Friday, November 22, 2013

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Wednesday, November 20, 2013

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