Today's post was shared by FairWarning and comes from www.businessweek.com
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Today's post was shared by FairWarning and comes from www.businessweek.com
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Today's post was shared by FairWarning and comes from www.nytimes.com
Members of the House Oversight and Investigations Subcommittee questioned Mary Barra, the chief executive of General Motors, during a hearing on the company’s safety problems. WASHINGTON — As families of crash victims lined the back of the House hearing room, displaying photos of their lost loved ones, Mary T. Barra, the General Motors chief executive, told lawmakers that the company was considering paying damages to victims of accidents in the millions of cars recalled for defective ignition switches. To help decide, General Motors hired Kenneth Feinberg, a celebrated lawyer who handled payouts in the Sept. 11, 2001, victims fund and the Gulf of Mexico oil spill, she told a House committee investigating the company’s failure to fix a faulty part that it knew about for more than a decade. It was the first time G.M. had acknowledged that it may pay damages in accident cases that occurred before the company filed for bankruptcy in 2009, even though — to the increasing outrage of victims’ families — the company is legally protected by agreements made in bankruptcy court. “G.M. has civic and legal responsibilities, and we are thinking through exactly what those responsibilities are,” Ms. Barra said, though she stopped short of committing to such a fund, and, in one tense exchange, refused to say that the automaker was responsible for the crashes. The compensation issue was one of many dramatic moments in the two hours of... |
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Today's post was shared by US EPA News and comes from yosemite.epa.gov
Release Date: 04/03/2014
The bankruptcy court had previously found, in December 2013, that the historic Kerr-McGee Corporation (“Old Kerr-McGee”) fraudulently conveyed assets to New Kerr-McGee to evade its debts, including its liability for environmental clean-up at contaminated sites around the country. Pursuant to the settlement agreement, the defendants agree to pay $5.15 billion to settle the case, of which approximately $4.4 billion will be paid to fund environmental clean-up and for environmental claims. This is the largest environmental enforcement recovery ever by the Department of Justice. “The Superfund program works best when the polluter pays and today the polluter is paying in a very big way,” said EPA Regional Administrator... |
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Today's post was shared by US EPA News and comes from yosemite.epa.gov
Release Date: 04/03/2014 (Seattle, WA – April 2, 2014) The U.S. EPA has signed a pair of consent agreements with the U.S. Department of Energy and two contractors to resolve alleged violations of federal asbestos handling regulations at the Hanford Site near Richland, Washington. Today’s settlements stem from what EPA determined was improper demolition work performed at the DOE Hanford Site. In August 2012, in response to complaints from Hanford workers, EPA inspected several demolition sites dating back to 2007. Samples collected by EPA showed remaining debris from the demolitions contained regulated asbestos waste. Work performed at Hanford on behalf of the DOE by contractors Washington Closure Hanford LLC and CH2M HILL Plateau Remediation Company resulted in penalties of $44,000 and $131,594, respectively. Both contractors agreed to pay all penalties. According to Ed Kowalski, Director of EPA’s Enforcement Office in Seattle, the results of EPA’s inspection were clear. “Asbestos was poorly managed here from start to finish,” said Kowalski. “EPA requires all building owners and contractors to remove asbestos before starting any regulated demolition activity which can crush or pulverize asbestos and release dust. At a facility like Hanford, this is especially important to prevent asbestos exposure to anyone working or spending time in the... |
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If you were going to hold up a school as being exemplary in the way it puts athletics in, as they say, “the proper perspective,” Northwestern University would certainly be one you’d point to. For instance, although it lacks the kind of winning tradition — at least in the big-time sports — that other schools in the Big Ten can boast of, it proudly points to the 97 percent graduation rate of its athletes.
Yet buried in last week’s decision by Peter Sung Ohr, the regional director of the National Labor Relations Board — in which he said that the Northwestern football team had the right to form a union — was this anecdote about Kain Colter, the former Northwestern quarterback who is leading the union effort. In his sophomore year, dreaming of going to medical school someday, Colter “attempted to take a required chemistry course.” However, “his coaches and advisors discouraged him from taking the course because it conflicted with morning football practices.” Eventually, after falling behind other pre-med students, he wound up switching his major to psychology, “which he believed to be less demanding,” according to Ohr.
Ohr’s essential point was that unlike the rest of the student body at Northwestern, football players had little control over their lives. Their schedules were dictated by the needs of the football team. They had bosses in the form of coaches and other university...
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This condition reportedly has been a "world wide health concern" since around 2011 when conditions associated with excessive cell phone usage for texting and other mobile communications activities other than a phone call were starting to be identified. A couple of weeks ago I was in San Francisco for the California Workers' Compensation Institute's annual meeting. San Francisco must be the leading city where this "condition" could be studied. I was astounded at how many people walk around that town with their necks bent towards the ground, small devices in hand, paying zero attention to where they are, where they're going, or anyone or anything around them. The number of people with zero spatial orientation or situational awareness as a result of profound hand-held device distraction was amazing to me. Even in the elevator of the hotel where normally cellular signals aren't strong, if existent at all, a couple of gentlemen occupied the car as I got on heading to upper floors; they both were completely immersed in their devices. They did not look up, acknowledge my presence in any way or even acknowledge each other. We got to the seventh floor and, without even a short little glance above the screen in his hand held one fellow starts toward the open doors and says, I presume to the other guy in the elevator, "see you at dinner." The other guy, likewise, did not take his stare off the screen of his hand held device, thumb busy scrambling... |
Today's post comes from guest author Kit Case, from Causey Law Firm.
A Pierce County, WA landscaper has been charged with failing to pay workers’ compensation insurance after one of his employees was injured on the job.
Kenneth Ivan Winters, 49, faces one count of doing business without workers’ comp insurance and seven counts of making false reports to the Department of Labor & Industries, according to charging papers. Each charge is a Class C felony with a maximum penalty of five years in prison and a $10,000 fine.
The Lakewood man pleaded not guilty to the charges Wednesday, February 19, 2014 in Pierce County Superior Court. His trial was set for May 1.
According to charging papers filed by the Washington Attorney General’s office, authorities were alerted to the case when an employee filed an on-the-job injury claim while working for Winters’ business, Executive Lawn Care, in October 2012.
The worker told an L&I investigator that Winters, who was on site when the employee was hurt, threatened him and his family if he filed a claim with L&I, charging papers said. The employee said he had worked for Winters from 2002 until the day he was injured.
Winters’ workers’ comp coverage had been revoked eight months earlier for failing to pay premiums. However, charging papers allege, he continued to employ the worker full time until the injury. Winters told an L&I investigator he started the business in 1990, and at one time had up to six employees. He said business slowed and his main employee was the worker who became injured, and occasionally the worker’s brother.
As of Jan. 7, 2014, the employee’s claim has cost L&I more than $67,000 in medical expenses and lost wage payments, charging papers said.
Businesses that don’t pay workers’ comp insurance gain an unfair advantage over companies that pay their fair share. A 2007 study found that an estimated 55,000 employers skipped out on paying $34.5 million in workers’ comp insurance in Washington state in 2006, causing legitimate employers to pay higher premiums.
Washington state is one of the few states in the nation where employers and workers both pay a share of the workers' compensation premiums. The press release from the Department of Labor and Industries did not indicate whether this worker's payroll deductions had continued even when his workers' compensation coverage had lapsed. If this was the case, this employer's fraud would represent wage theft, as well.
Today's post is shared from the WSJ.com and highlights a growing trend that student-athletes are employees and will be subject to workers's compensation mandatory insurance coverage. With head concussion recognition on the rise as a long term medical issue in body contact sport this will be a huge incentive to eliminate the business of college body contact sports.
CHICAGO—In a decision with potentially broad ramifications for collegiate athletics, the regional director of the National Labor Relations Board ruled Wednesday that Northwestern University scholarship football players are employees of the school and are eligible to form the nation's first college athletes' union. The ruling, which Northwestern immediately said it would appeal, has the potential to upend big-time college sports by reversing the NCAA's longtime stance that athletes are students first and athletes second. As such, they can't be considered employees. In his ruling, Peter Ohr ruled that Northwestern's scholarship players are athletes first and students second. Their duties to the athletic program include 50 to 60 hours a week during training camp and 40 to 50 hours a week during the three- or four-month football season. For much of the year, players are told by coaches when to eat, sleep and train.
Northwestern University football players with athletic scholarships are employees and can unionize, a National Labor Relations Board regional director ruled Wednesday, contradicting the...
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Attention to laboratory safety generally focuses on preventing injuries. A case at Cornell University, however, raises important issues about what happens after an injury has occurred. Chemical engineering graduate student Richard Pampuro suffered permanent, disabling damage to his right hand—and, one supposes, harm to his finances from two operations and extensive physical therapy, and possibly to his long-term earning potential—after glass from a shattered bottle pierced his arm, severing tendons and an artery. Now, Pampuro’s fellow graduate students are demanding that he receive workers’ compensation, reports. The university disagrees, and the New York State Workers' Compensation Board is investigating. The legal status of students injured in university labs is often unclear. Workers’ compensation laws vary widely among states, as do universities’ policies, The Chronicle notes. At some schools, graduate students qualify for the coverage; at others they do not. Beyond that, occupational safety laws that cover employees do not apply to students. When a lathe that the Occupational Safety and Health Administration identified as lacking required safety features killed Yale University senior physics student in 2011, the agency lacked jurisdiction to sanction the university. (Yale University denied that the lathe was substandard). On the other hand, when lab assistant Sheharbano "Sheri" Sangji died in 2009 as a... |
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Restricting the dispensing of pain medication hurts injured workers. The knee jerk reaction to make it more difficult to obtain medication to relieve excruciating pain will come back to haunt those who pass such legislation. During this week, while in Florida, I needed to get a physician, post surgery, to write and then fill a prescription of opioids. The patient described her pain as "feeling like Jesus Christ nailed to the cross." Florida has a restrictive law that requires the prescription to be hand delivered in original format from the doctor to the pharmacy. Another step or hurtle that slowed down the process 6 hours. Be careful what you wish for! When you need pain relief you don't want to cry and wait 6 hours. Workers' Compensation insurance carriers should stay out of this fray, and just allow criminal enforcement to handle regulation and dispensing of pain medications.
Today's guest post from alaskajournal.com demonstrates an example of why workers' compensation is a just about dead. Misdirection of attention to the wrong things, and a focus on cost ,and not empathy or the remedial aspects as embodied in the legislative intent of the Act as enacted in 1911, has destroyed the program. Continued restrictions will just bury it.
State officials and legislators are increasingly concerned with the over-prescription of opiates and other controlled substances for pain management in the workers’ compensation program.A bill pending in... |