Workers' Compensation

Wednesday, February 12, 2014

The Case for a Higher Minimum Wage

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

The political posturing over raising the minimum wage sometimes obscures the huge and growing number of low-wage workers it would affect. An estimated 27.8 million people would earn more money under the Democratic proposal to lift the hourly minimum from $7.25 today to $10.10 by 2016. And most of them do not fit the low-wage stereotype of a teenager with a summer job. Their average age is 35; most work full time; more than one-fourth are parents; and, on average, they earn half of their families’ total income.

None of that, however, has softened the hearts of opponents, including congressional Republicans and low-wage employers, notably restaurant owners and executives.

This is not a new debate. The minimum wage is a battlefield in a larger political fight between Democrats and Republicans — dating back to the New Deal legislation that instituted the first minimum wage in 1938 — over government’s role in the economy, over raw versus regulated capitalism, over corporate power versus public needs.

Interactive Feature
More than 4.8 million workers now earn the lowest legal pay. This calculator shows the hard choices that have to be made living on the smallest paychecks.

But the results of the wage debate are clear. Decades of research, facts and evidence show that increasing the minimum wage is vital to the economic security of tens of millions of Americans, and would be good for the weak economy. As Congress begins its own debate, here...

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Months After Deadly Fire, Owners of Bangladesh Factory Surrender to Court

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

DHAKA, Bangladesh — A husband and wife whose factory in Bangladesh was consumed by fire in 2012, a disaster that killed 112 employees, surrendered to a court on Sunday in Dhaka, the capital.

In December, more than a year after the fire, the police filed charges of culpable homicide against the owners of the Tazreen factory — Delowar Hossain, and his wife, Mahmuda Akther, along with 11 associates, including the factory’s manager and an engineer.

On the night of the fire, more than 1,150 people were in the eight-story building, working on a tight deadline to fill orders for international buyers. When the fire broke out and an alarm sounded, some managers told their employees to ignore the alarm and continue to work.

As the fire spread, many workers found themselves trapped in smoke-filled staircases or behind windows that were covered with iron grilles.

Mr. Hossain’s lawyer, A. T. M. Golam Gous, whose motion for bail was rejected on Sunday, argued that Mr. Hossain and Ms. Akther were not present at the time of the fire and had “neither direct involvement nor indirect involvement” in it. Mr. Gous said he would appeal the denial of bail.

A state prosecutor, Anwarul Kabir, meanwhile, argued that the owners had failed to make the necessary arrangements to ensure the safety and security of the workers.

Because the owners are “the...

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Tuesday, February 11, 2014

Payroll Data Shows a Lag in Wages, Not Just Hiring

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

For the more than 10 million Americans who are out of work, finding a job is hard. For the 145 million or so who are employed, getting a raise is even harder.

The government said on Friday that employers added 113,000 jobs in January, the second straight month of anemic growth, despite some signs of strength in the broader economy. The unemployment rate inched down in January to 6.6 percent, the lowest level since October 2008, from 6.7 percent in December.

But the report also made plain what many Americans feel in their bones: Wages are stuck, and barely rose at all in 2013. They were up 1.9 percent last year, or a mere 0.4 percent after accounting for inflation. Not only was that increase even smaller than the one recorded in 2012, it was half the normal rate of wage gains in the two decades before the last recession.

The stagnation helps explain why many people feel apprehensive even though the economy grew at a robust pace in the second half of 2013, corporate profits rose, the stock market boomed and the housing market continued to gain ground. The issue cuts across the American work force. In fact, white-collar workers did a bit worse than blue-collar workers last year in terms of wage growth.

Austin Moore, 18, pictured at a career fair in Dallas, is one of many young job seekers. LM Otero/Associated Press

“People are running in place in terms of their living standards,” said Ethan Harris, co-head of global economics at Bank of America Merrill...

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Monday, February 10, 2014

‘Aid in Dying’ Sentiment Gathers Momentum

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

Thanks to the marvels of medical science, our parents are living longer than ever before. Most will spend years dependent on others for the most basic needs. That burden falls to their baby boomer children. In The New Old Age, Paula Span and other contributors explore this unprecedented intergenerational challenge. You can reach the editors at newoldage@nytimes.com.

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Thursday, February 6, 2014

No Judges, No Justice

The LHWCA covers claims for longshoremen and shipbuilding and repair workers.

Today's post comes from guest author Jay Causey, from Causey Law Firm.

Some months ago, I reported about a slowdown in the processing of claims under the Longshore and Harbor Workers’ Compensation Act and allied statutes. The LHWCA was enacted in 1927, and through amendments over the years has been broadened to include injury and disease claims for longshoremen and shipbuilding and repair workers. Expansion of the program in 1941 resulted in the Defense Base Act, covering employees of military contractors working abroad. With our ten-year presence in Afghanistan and Iraq, a large cohort of injured workers has fallen under the DBA in recent years.

Underfunding of ALJ positions within the Department of Labor routinely results in long delays for the hearing and decision making in claims, often meaning claimants are without any coverage for years.

In another segment of its Breathless and Burdened report (subsequent to the one I recently posted about, concerning how black lung victims are routinely having their claims denied as a result of coal company-sponsored evaluations at Johns Hopkins), the Center for Public integrity has now reported on the extreme reduction of the number of administrative law judges within the US Department of Labor who hear and decide claims under the LHWCA and DBA. The center reports that the number of ALJ’s, nationwide, it has fallen to 35, from 41 earlier in 2013 and 53 a decade ago. This has occurred in the context of a 68% rise of new cases before the office of administrative law judges, and 134% increase in pending cases.
Underfunding of ALJ positions within the Department of Labor routinely results in long delays for the hearing and decision making in claims, often meaning claimants are without any coverage for years. Longshore and military contractor employers and their insurance companies, knowing that the adjudicative process in contested claims has become ridiculously long, are emboldened to sit on monies that are clearly owed to injured workers. In addition to the injustice to entitled injured workers resulting from this administrative chaos, to the extent that an injured workers medical benefits and indemnity payments are pushed to other systems, such as Medicare, Social Security, and state disability systems, the costs of the Longshore system are shifted to the federal tax payer and away from the employers and their carriers who should appropriately bear the burden.
Read about the specifics of particular cases in the Center’s report here.

Photo credit: Markus Brinkmann / Foter.com / CC BY-SA

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Wednesday, February 5, 2014

New study: Babies near gas wells more likely to have birth defects

Today's post was shared by FairWarning and comes from www.environmentalhealthnews.org

Info


	Energy Tomorrow/flickr

Environmental Health News

January 31, 2014

Women who live near natural gas wells in rural Colorado are more likely to have babies with neural tube and congenital heart defects, according to a new study.

As natural gas extraction soars in the United States, the findings add to a growing concern by many activists and residents about the potential for health effects from the air pollutants.

Researchers from the Colorado School of Public Health analyzed birth defects among nearly 125,000 births in Colorado towns with fewer than 50,000 people between 1996 and 2009, examining how close the mothers lived to natural gas wells.

Babies born to mothers living in areas with the highest density of wells – more than 125 wells per mile – were more than twice as likely to have neural tube defects than those living with no wells within a 10-mile radius, according to the study published Tuesday. Children in those areas also had a 38 percent greater risk of congenital heart defects than those with no wells.

Both types of birth defects were fairly rare, occurring in a small percentage of births, but they can cause serious health effects. The researchers did not find a significant association between gas wells and other effects, including oral cleft defects, preterm births and low birth weight.

Neural tube defects, such as spina bifida, are permanent deformities of the spinal cord or brain. They...

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Football helmet design can alter concussion rate, study finds

Helmet design may affect concussion rates, a study found

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

Super Bowl viewers might want to keep an eye on the helmets crashing together in Sunday’s game between the Seattle Seahawks and Denver Broncos. A new study says that the lids worn by opposing quarterbacks Peyton Manning and Russell Wilson, not to mention the dreadlock-filled helmet of Seattle cornerback Richard Sherman, can reduce concussion risk by more than half, compared with an older model.

The study adds to a growing consensus that helmet design can impact impacts. This one, published Friday in the Journal of Neurosurgery, was the first to control for the number of impacts different players receive. It measured head motion changes during more than 1.2 million impacts over five years of Division I NCAA football games played by eight college teams.

Sixty-four of those hits resulted in diagnosed concussions, and the relative risk of being among those dizzy denizens of the gridiron was cut by roughly 54% if players wore a more advanced model helmet. Both helmets in the comparison were made by the same manufacturer, Riddell, which is the official helmet of the NFL (at least until Sunday’s game is over and its contract ends).

“If players had matched impacts throughout their whole career, you’d see about half the number of concussions" in the newer helmet, said the study's lead author, Steven Rowson, a biomedical engineer at the Virginia Tech-Wake Forest University School of Biomedical Engineering and Sciences.

The concussion rate for the more modern helmet worn by...

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The Rule of Law and The Media's Role

Today's post is authored by David DePaolo and shared from workcompcentral.com

Those not living in California are befuddled by our system. Heck, even those living in California are befuddled...

Yesterday was also the start of the 21st annual California Division of Workers' Compensation Educational Conference in Los Angeles, CA, where the weather is a bit warmer than it is here in CT.

So too has the activity been a bit warmer in California - at the Educational Conference Acting Administrative Director Destie Overpeck gave an overview of what has been going on with the division since the directive of SB 863 to implement numerous changes to the system.

The list of work that the division has been engaged in is impressive, and demonstrates just how vast the changes were in SB 863:

New rules to reduce payments to ambulatory surgery centers from 120% of Medicare’s outpatient rate to 80%;
A new fee schedule for providers based on a Resource Based Relative Value Scale;
A lien fee system (currently partially in abeyance due to legal challenges which also adds to the division's work load);
New statute of limitations for lien filers;
New Independent Medical Review process and procedures;
New Independent Medical Bill review process and procedures;
Revised Medical Provider Network approval and renewal process and rules;
Pending fee schedule for copy services;New penalties for failures in notifications and standards for MPNs.

This is all in addition to the normal work load...

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Mining firm sentenced in workers' comp scheme

Today's post is shared from wvgazette.com
Leads continue to develop out of an investigation into a multimillion-dollar scheme aimed at lowering workers' compensation premiums for contract firms that provided workers to some of the state's largest coal producers, an assistant U.S. Attorney said Tuesday.
U.S. District Court Judge John Copenhaver said the "scam here has been extraordinary" before sentencing Aracoma Contracting LLC to three years probation and ordering restitution be paid.
The scheme involved former BrickStreet Mutual Insurance Co. auditor, Arville Sargent, who took bribes to help contract companies save millions in workers' compensation premiums by paying workers in cash and falsifying payroll records.
It involved four mining contract firms -- Aracoma Contracting LLC, Christian Contracting, T&W Services LLC, and Newhall Contracting. The companies were controlled by Jerome Eddie Russell, Frelin Workman and his son, Randy Workman.
The four companies were "employee leasing" services that supplied miners for coal companies, including Alpha Natural Resources and Patriot Coal, under arrangements common in the state's mining industry.
Acting on behalf of Aracoma, its principals Russell, 50, of Williamson and Frelin R. Workman, 58, of Belfrey, Ky., formed a relationship with the Bank of Mingo, and one of its employees at the bank's Williamson branch.
Aracoma, Sargent and Workman must jointly pay back about $4.7 million in restitution. Aracoma must also...

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Tuesday, February 4, 2014

Lead and Crime: It's a Brain Thing

Today's post was shared by Mother Jones and comes from www.motherjones.com

When I wrote my big piece last year about the connection between childhood exposure to lead and rates of violent crime later in life, one of the big pushbacks came from folks who are skeptical of econometric studies. Sure, the level of lead exposure over time looks like an inverted U, and so does the national rate of violent crime. But hey: correlation is not causation.
I actually addressed this in my piece—twice, I think—but I always felt like I didn't address it quite clearly enough. The article spent so much time up front explaining the statistical correlations that it made the subsequent points about other evidence seem a bit like hasty bolt-ons, put there mainly to check off a box against

possible criticism. That's not how I intended it,¹ but that's how it turned out.
For that reason, I'm pleased to recommend Lauren Wolf's "The Crimes Of Lead," in the current issue of Chemical & Engineering News. It doesn't ignore the statistical evidence, but it focuses primarily on the physiological evidence that implicates lead with higher levels of violent crime:

Research has shown that lead exposure does indeed make lab animals—rodents, monkeys, even cats—more prone to aggression. But establishing biological plausibility for the lead-crime argument hasn’t been as clear-cut for molecular-level studies of the brain. Lead wreaks a lot of havoc on the central nervous system. So pinpointing one—or even a few—molecular switches by...

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Elmwood Park's Sealed Air pays $930 million in cash to asbestos trust : page all - NorthJersey.com

Today's post is shared from northjersey.com

Elmwood Park's Sealed Air pays $930 million in cash to asbestos trust

Monday, February 3, 2014

Goodbye to the Doctor’s White Coat?

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

A scene from “Grey’s Anatomy,” ABC's long-running hospital drama.

Ron Tom/ABC A scene from “Grey’s Anatomy,” ABC’s long-running hospital drama.

New recommendations on what health care workers should wear may mean an end to the doctor’s white coat.
The Society for Healthcare Epidemiology of America, a professional group whose mission is to prevent and control infections in the medical workplace, has issued guidance on what health care workers should wear outside of the operating room.
The paper, in the February issue of Infection Control and Hospital Epidemiology, suggests that to minimize infection risk, hospitals might want to adopt a “bare below the elbows” policy that includes short sleeves and no wristwatch, jewelry or neckties during contact with patients.
The authors also recommend that if the use of white coats is not entirely abandoned, each doctor should have at least two, worn alternately and laundered frequently. And even if they wear the coat at other times, they should be encouraged to remove it before approaching patients.
The authors emphasize that the recommendations are based more on the biological plausibility of transmitting infection through clothing than on strong scientific evidence, which is limited.
The lead author, Dr. Gonzalo Bearman, a professor of medicine at Virginia Commonwealth University, said that hand washing, bathing patients with antibacterial soap, and checklists for inserting...

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Substantial Credible Evidence Remains the Rule

Despite the informality of a workers compensation hearing, the evidence relied upon by the hearing official must be substantially credible in order to meet the burden of proof to assess disability. When the claimant has had a history of a multitude of back injuries, sorting out the claims maybe a complicated and difficult process. The compensation judge is compelled to ascertain which accident is the ultimate triggering incident that resulted in permanent disability.

The last back claim of a worker did not meet the evidential standards to sustain a claim for disability when the diagnostic tests, as interpreted by the treating physician, did not support the evidential requirements to establish the assessment of permanent disability.

A worker in New Jersey, who has a long history of back injuries, both at work and at home, was unable to meet the evidential requirements to to establish a case for increased disability. An MRI, interpreted by the treating physician, demonstrated no change in the injured workers medical condition following the last incident at work.

Accordingly, The NJ Appellate Division sustained the ruling by the compensation judge, who had held that proofs offered at trial were insufficient to meet the requirement of the statutory credible evidence standard. The trial judge was held to have correctly relied upon the treating physician’s diagnostic MRI taken subsequent to the last accident to rule out the final incident as the triggering episode that generated the claimant’s disability.

Beausejour v Chamberlin Plumbing & Heating, Inc., 2014 WL 300929 (N.J. Super. A.D.), Jan. 29, 2014

Friday, January 31, 2014

Football: The Business of Uncompensated Injuries

It is hard to image that any other Industry that denies its employees workers’s compensation benefits for known work-connected injuries would be bragging about a mere 13% reduction in head injuries. That is what the NFL is doing this week in advance of it’s annual mayhem ritual called the Super Bowl.

Sports entertainment is just big business. A major distraction to the routine of boring and tedious daily activities the NFL has found an addictive niche market, feed by high TV rating (ESPN) and fueled by gambling. A common denominator of public distraction.

The pawns in the system are those young “student-athletes” who take a risk as unpaid talent to carry on the dream for riches and fame as cheap (free) talent for the cause of school spirit and the hope of landing an NFL contract. The tragic risks exist even at that level of are more than obvious as I saw a Rutgers player crack his neck on the MetLife Stadium field in the Rutgers v Army game a couple of years ago.

Todays post is shared from the nytime.com/.

As the professional sports conglomerates spread their political influence from state house to state house demolishing the basic tenants of workers’ compensation.They continue their effort to bar injured players from seeking basic workers’ compensation benefits for known occupational risks,.They are now bragging about a mere 13% reduction. What about the other 87%? The injured players they can go uncompensated?

The...

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Thursday, January 30, 2014

Khobragade Indicted on Fraud Charges

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

Federal prosecutors in New York on Thursday announced the indictment of the Indian official whose arrest last month set off protests in India and strained relations between the nations.

The charges against Devyani Khobragade, though, were delayed amid uncertainty about whether she had fled the country. The consular worker is accused of submitting false documents to get a work visa for a babysitter and housekeeper in her Manhattan home. She has denied all the charges.

In a letter to U.S. District Judge Shira Scheindlin, Manhattan prosecutors said that a federal grand jury had voted to return an indictment against the 39-year-old Ms. Khobragade, charging her with two counts — visa fraud and making false statements.

Prosecutors initially said Ms. Khobragade had left the U.S. on Thursday. But they later learned that she may not have gotten on her flight, according to a person familiar with the matter. Her whereabouts were not immediately clear.

The U.S. Marshal’s Office last month said Ms. Khobragade had been strip-searched after she was arrested and “placed in a cell with other female defendants” as part of standard procedure.

Anger over her treatment prompted demonstrations in India and led the Indian government to revoke diplomatic privileges for American officials and remove security barriers near the U.S. Embassy in New Delhi.

Attempting to calm the situation, Secretary of State John Kerry last month “expressed his regret, as well as his concern...

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Concern Raised Over Opt-Out Terms of NFL Concussion Settlement

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

When a federal judge refused to sign off on the NFL’s $764 million concussion settlement with retired players earlier this month, both the league and lead plaintiffs’ lawyers portrayed the development as a mere procedural hiccup.

The deal may appear to be within inches from the goal line, but the family of the late NFL star Junior Seau is putting up resistance, emerging as one of the most vocal critics of the proposed settlement.

An attorney for the Seau family filed a memo on Jan. 24 objecting to the tentative terms. The family may not be alone as lawyers representing dozens of former NFL players pore over the fine print of the 85-page proposed deal.

U.S. District Judge Anita Brody held off on giving her preliminary approval of the deal because she was concerned that the $764 million might not be enough to cover all potential recipients. She instructed both sides to supply the court with more information on how they arrived at their numbers.

The lawsuit by the Seau family, who are potential class members, stands apart from the bulk of claims, most of which do not involve the death of a player. But some of the family’s objections raise broader concerns that could resonate with other plaintiffs, according to Steve Strauss, the attorney representing Mr. Seau’s children.

Speaking to Law Blog, Mr. Strauss said he was especially concerned by the opt-out terms in the deal.

Plaintiffs who do not want to bind themselves to the settlement would have...

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Judge Disqualified over Facebook ‘Friend’ Request

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

Back in February, the American Bar Association cautioned judges about their use of social media. While sites like Facebook and Twitter can help judges stay in touch with the wider world, the ABA admonished that they should think twice before “friending,” “liking,” or “following” somebody.

A case in Florida drives home that concern.

The dispute centers around a circuit court judge who presided over a divorce proceeding. Before entering a final judgment, Judge Linda D. Schoonover sent the wife a Facebook “friend” request that the woman didn’t accept, according to court documents. In a complaint, the lawyer for the wife accused the judge of then retaliating against her by allegedly saddling her with “most of the marital debt” and giving the husband “a disproportionately excessive alimony award.”

Last week, an appellate court kicked the judge off the case and assigned the matter to a different judge, concluding that the wife had a “well-founded fear of not receiving a fair and impartial trial.”

The unrequited friend request “placed the litigant between the proverbial rock and a hard place: either engage in improper ex parte communications with the judge presiding over the case or risk offending the judge by not accepting the ‘friend’ request,” the appeals court wrote in its Jan. 24 decision. (Chicago intellectual property attorney Evan Brown, who blogs about...

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Supreme Court Rules for Employers in Two Cases

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

The Supreme Court Monday gave airlines a wide berth to report potential security threats, dismissing a pilot’s lawsuit alleging his employer defamed him by telling the Transportation Security Administration he could be armed and mentally unstable.

Separately, the court rejected a claim by steelworkers from Gary, Ind., that they were entitled to pay for time spent putting on safety gear, finding that the task qualified as “changing clothes,” for which their union contract didn’t require compensation.

Finally, Monday, the court sided with a convicted heroin dealer to rule that he couldn’t be punished for the death of one of his customers because of evidence that the man’s health was so poor he might have died even without the narcotic.

All three decisions were unanimous or nearly so, underscoring that despite gulfs in the most charged disputes, justices of different ideological backgrounds agree on a significant number of legal issues. Read the full story here.

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Obama to Raise Minimum Wage for Federal Contractors, Asserting Executive Power

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

President Barack Obama plans to act unilaterally to raise the minimum wage for employees of federal contractors, a move that asserts his executive powers before his State of the Union address in which he will press Congress to approve a broader increase this year, write Carol E. Lee and Eric Morath. Read the full WSJ story here.

The executive order would raise the minimum wage for workers on new federal contracts to $10.10 an hour, according to a fact sheet from a White House official. It said Mr. Obama would announce the new policy in his speech Tuesday, which is scheduled to begin at 9 p.m. Eastern Time.

The current federal minimum wage is $7.25 per hour, and hasn’t been raised since July 2009. About 16,000 federal employees were paid at or below minimum wage in 2012, according to the Labor Department. The agency doesn’t specify how many employees were government contractors.

Mr. Obama’s executive policy change is the opening salvo in a broader, election-year push by Democrats to raise the federal minimum wage to $10.10 an hour for all eligible workers. The White House has planned for months to make the minimum wage an issue in November’s midterm elections.

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Copyright

Wednesday, February 12, 2014

The Case for a Higher Minimum Wage

Interactive Feature

Months After Deadly Fire, Owners of Bangladesh Factory Surrender to Court

Tuesday, February 11, 2014

Payroll Data Shows a Lag in Wages, Not Just Hiring

Monday, February 10, 2014

‘Aid in Dying’ Sentiment Gathers Momentum

Thursday, February 6, 2014

No Judges, No Justice

Wednesday, February 5, 2014

New study: Babies near gas wells more likely to have birth defects

Football helmet design can alter concussion rate, study finds

The Rule of Law and The Media's Role

Mining firm sentenced in workers' comp scheme

Tuesday, February 4, 2014

Lead and Crime: It's a Brain Thing

Elmwood Park's Sealed Air pays $930 million in cash to asbestos trust : page all - NorthJersey.com

Monday, February 3, 2014

Goodbye to the Doctor’s White Coat?

Substantial Credible Evidence Remains the Rule

Friday, January 31, 2014

Football: The Business of Uncompensated Injuries

Thursday, January 30, 2014

Khobragade Indicted on Fraud Charges

Uncertainty Over Whether N.F.L. Settlement’s Money Will Last

Wednesday, January 29, 2014

Concern Raised Over Opt-Out Terms of NFL Concussion Settlement

Judge Disqualified over Facebook ‘Friend’ Request

Supreme Court Rules for Employers in Two Cases

Obama to Raise Minimum Wage for Federal Contractors, Asserting Executive Power