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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Monday, April 14, 2014

In France, a Move to Limit Off-the-Clock Work Emails

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com "On-Call Status" and responding to off-hours electronic communication will expend the coverage of workers' compensation will otherwise expand to a 24/7 insurance policy.


PARIS — Given France’s 35-hour workweek, generous vacations and persistent, if not altogether accurate, reputation for indolence, it may come as a surprise that the French are only now considering limits on the work emails and phone calls that come at all hours of the day and night.
Labor unions and corporate representatives in France have agreed on an “obligation to disconnect from remote communications tools” that would apply to 250,000 employees of consulting, computing and polling firms. The accord, signed this month but yet to be approved by the Labor Ministry, would require that employers verify that the 11 hours of daily “rest” time to which all workers are legally entitled be spent uninterrupted.
“We really want there to be 11 consecutive hours,” said Marie Buard, a project leader at the Federation of Communication, Consulting and Culture, a branch of the French Democratic Confederation of Labor. Still, Ms. Buard said, “We also wouldn’t like this to squeeze businesses and cause them problems.”
Under the agreement, she said, each company would develop a policy and enforcement mechanisms. One might choose to block communications from 11 p.m. to 10 a.m. by shutting down its email servers, while another might simply ask employees not to check email between 9 p.m. and 8 a.m.
Similar limits have been tested elsewhere. In 2011, Volkswagen started shutting off its BlackBerry servers at the end of the workday,...
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Related Articles on Off-Premises Liability:
Apr 01, 2014
The NJ Supreme Court declared the nature of the employer's control determines compensability in an off-premises parking lot claim. The Court ruled that the NJ 1979 Legislative amendments mandate that the "coming and ...
Jan 21, 2014
Livingstone, supra, 111 N.J. at 102. Harrah's contention that Livingstone sought to limit 'judicially-created exceptions to the general noncompensability of off-premises accidents . . . .' is correct. Livingstone, supra, 111 N.J. at.
Jan 18, 2014
The NJ Supreme Court was presented by the defense that the accident occurred off premises and out of the control of the employer. The employee argued that the injury occurred within the course of the employment because ...
Mar 23, 2013
A NJ appellate court ruled that an employee who was severely injured in a parking lot as a result of a slip and fall was not entitled to workers' compensation benefits since the injury occurred “off the premises” and the ...

Sunday, April 13, 2014

Citing armed protesters, BLM returns seized cattle to Nevada rancher

Today's post about "worker safety" is shared from the LA Times.
After spending a week whisking away nearly 400 cattle they said were illegally grazing on federal land in the Nevada desert, officials facing a battalion of protesters with horses and guns decided to free those cattle in a stunning reversal Saturday afternoon.
A line of cattle calmly filtered out of a federal holding area at about 3 p.m. as protesters and law enforcement watched from alongside Interstate 15 near the Nevada-Arizona state line.
"Due to escalating tensions, the cattle have been released from the enclosures in order to avoid violence and help restore order," the U.S. Bureau of Land Management said in a short statement.
Federal officials have failed for 21 years to compel rancher Cliven Bundy to pay the fee required to let privately owned cattle use public land.
The government has said the cattle roundup was a “last resort” to enforce court orders ruling that Bundy had failed to pay more than $1 million in fees since 1993. Forcing him either to pay or to give up his cattle is a matter of fairness to the 16,000 ranchers who do follow the rules, U.S. officials said.
Two weeks ago, the BLM and the National Park Service began mobilizing helicopters, trucks, cowboys and rangers to seize Bundy’s 900 cattle. 
The agencies moved nearly 400 to the holding area before suddenly announcing Saturday morning that the operation would end because of "grave concerns" about worker safety.
Bundy received nationwide support from people frustrated by...
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Saturday, April 12, 2014

Bucket truck tips over in Cape Cod, Mass., killing 2 NStar utility contractors


Authorities work on the scene of a fatal accident where two workers died in Bourne, Mass., Saturday, April 12, 2014. Their bucket truck apparently tipped over while they were in the basket more than 100 feet in the air at a Cape Cod site. (AP Photo/Cape Cod Times, Steve Heaslip)
BOURNE, Mass. -- Two Massachusetts workers are dead after their bucket truck tipped over Saturday while they were in the basket more than 100 feet in the air at a Cape Cod site.
Bourne police confirmed the Saturday deaths at Cape Cod Aggregates Corp. near Scenic Highway. They didn't release the men's names.
The men were working for a contractor for an NStar utility project,
They appeared to be working underneath high tension power lines, near utility poles, on sandy barren land.
The two men were both in the bucket when the truck toppled over, Police Chief Dennis Woodside told the newspaper. He said they were killed instantly.
The Office of Occupational Safety and Health Administration is investigating. OSHA didn't immediately return a call for comment.


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Apr 09, 2014
The scrolling photo exhibit was the backdrop for testimony provided by representatives of the Laborers' Health and Safety Fund of North America (LHSFNA) on the final day of OSHA's public hearing on its proposed silica ...
Mar 28, 2014
The agreement will be signed between OSHA and the Concerned Beauty Professionals at noon on Monday, March 31 at the Georgia Institute of Technology, 250 14th St. NW, 5th floor, Atlanta 30318. "OSHA and other federal, ...
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12, 2013, OSHA's Notice of Proposed Rulemaking on Occupational Exposure to Crystalline Silicaaims to update the inconsistent and outdated permissible exposure limits for crystalline silica in general industry, construction ...
Jan 03, 2014
The proposal does not add any new requirement to keep records; it only modifies an employer's obligation to transmit these records to OSHA."The Occupational Safety and Health Administration today issued a proposed rule ...

Nebraska Supreme Court: Workers' comp includes PTSD, drug treatment after store shooting

Today's post about "PTSD" is shared from omaha.com

LINCOLN — The two armed men robbing Gen-X Clothing in June 2011 warned store manager Matthew Kim not to report the crime.
He reported it anyway, leading to the arrest of the two men.
One robber's brother showed up at the 76th and Cass Streets store two weeks later and shot Kim 12 times to keep him from testifying. The brother followed up with telephone threats against Kim, his mother and his son.
Kim testified anyway, helping send all three men to prison.
Workers' compensation covered his hospital and medical bills and paid temporary disability benefits during his physical recovery.
But Gen-X and its workers' compensation insurance company balked at paying for treatment when Kim developed post-traumatic stress disorder after the crime, leading to a severe drug and alcohol dependency.
On Friday, the Nebraska Supreme Court ruled against the Omaha clothing store and the insurer, Farmer's Truck Insurance Exchange.
The state high court ordered Gen-X and Farmer's to pay for Kim's inpatient chemical dependency treatment and his future medical expenses.
It also ordered them to continue paying him temporary disability benefits.
Dirk Block, an attorney for Kim, said his client was “very pleased and grateful” for the ruling. The decision means Kim will have a source of support while he continues his recovery, Block said.
“He's a pretty brave guy, to be treated this badly,” he said. “It's been very unfortunate that, in addition to having to face down...
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Related stories about PTSD:
4 hours ago
LINCOLN — The two armed men robbing Gen-X Clothing in June 2011 warned store manager Matthew Kim not to report the crime. He reported it anyway, leading to the arrest of the two men. One robber's brother showed up ...
Nov 27, 2013
Risks associated with employment are usually covered under Workers' Compensation claims. Assaults usually are traumatic in nature and having a component of psychological stress manifested in post traumatic stress ...
Feb 24, 2011
A recent study reveals that utility workers who were deployed at the World Trade Center (WTC) disaster site on 9/11 have an increased level of post traumatic stress disorders (PTSD) and depression. The study may ...
Sep 25, 2009
"Results from large epidemiologic studies suggest that probable posttraumatic stress disorder (PTSD) is the most common WTC-related health condition among exposed adults. Probable PTSD means that individuals scored ...

Too Big To Pay For: Workers' Compensation's Struggle To Cover Medical Care

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com. It highlights the growing concerns about infectious disease and burden it adds to an incredibly bogged down workers' compensation program. Ironically a recent report today in the NEJM (advanced publication) concerning a potential, but very expensive cure for Hep C (Therapy for Hepatitis C — The Costs of Success, Jay H. Hoofnagle, M.D., and Averell H. Sherker, M.D., April 12, 2014DOI: 10.1056/NEJMe1401508), mirrors this issue on an ever increasing trend. The question continues to arise as to whether the delivery of medical care is just too big and complicated of an issue for the aged workers' compensation system to handle any longer. JL Gelman


Political machinations create the complexity we know as workers' compensation law.

California is the prime example, with several bills moving around the legislature that bestow special treatment to certain classes of workers.

One bill, Assembly Bill 1035 by House Speaker John A. Pérez, D-Los Angeles, would allow dependents to file claims for deaths caused by cancer, tuberculosis, methicillin-resistant Staphylococcus aureus infections and other bloodborne infectious diseases up to 420 weeks from the date the disease is diagnosed.

Similar bills in the past had made it through the legislature but Gov. Jerry Brown had vetoed them ostensibly because he was waiting for reports from the National Institute for Occupational Safety and Health and the California Commission on Health Safety and Workers' Compensation.

AB 1373, which passed in 2013 and AB 2451, which passed in 2012 differed in that both extended the limitations period to 480 weeks.

And the new bill includes a sunset provision that would allow the governor and Legislature to revisit the appropriateness of the new time frame in five years.

Supporters say AB 1035 is necessary because with advances in medical science, safety officers who develop cancer and other diseases through their employment are living longer.

The emotional appeal is that these brave public servants fight for their lives, only to succumb to the disease after the death benefits limitation period expires so dependents can not collect the benefits.

Of...
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CATHERINE HAYLEY, whose diabetes was diagnosed when she was 9, describing the digital insulin pump that helps keep her alive." data-mediaviewer-credit="Luke Sharrett for The New York Times" ...
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Medical Costs Still Treading Upward. The cost of medical treatment in workers' compensation claims, despite a resumed trend in lower claims, is continuing to increase. View complete report: NCCI Workers Compensation ...
Nov 20, 2013
A major component of the Workers' Compensation benefits system is now the cost of medical care. Workers' Compensation insurance is not alone in experiencing this phenomena. Soaring medical costs pervades the entire ...
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Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...

Dreams dashed in fatal college tour bus crash

Today's post was shared by Trucker Lawyers and comes from bigstory.ap.org and highlights the need for more regulation and enforcement of transportation safety. If products are continued to be manufactured, operated, and maintained in an unsafe manner tragedies in the workplace will continue. Accidents just don't happen and hopefully can be avoided. 

  • APTOPIX California Bus Crash
     
  • APTOPIX California Bus Crash
     

    Rescuers tend to walking wounded after a fiery crash involving several vehicles, Thursday, April 10, 2014, just north of Orland, Calif., that left at least nine dead. Authorities said it is not yet clear what caused the crash but that it involved a tour bus, a FedEx truck and a Nissan Altima. (AP Photo/The Chico Enterprise-Record, Dan Reidel)
  • CA_BUS_CRASH
     

    Map locates Orland, Calif., where three vehicles crashed and killed at least nine; 6c x 2 inches; 295.2 mm x 50 mm;
  • California Bus Crash
     

    Massive flames are seen devouring both vehicles just after the crash, and clouds of smoke billowed into the sky Thursday April 10, 2014 until firefighters had quenched the fire, leaving behind scorched black hulks of metal. The FedEx tractor-trailer crossed a grassy freeway median in Northern California and slammed into the bus carrying high school students on a visit to a college. At least nine were killed in the fiery crash, authorities said. (AP Photo/Jeremy Lockett)
  • California Bus Crash
     

    Emergency crews look over wreckage from a crash between a semi and a tour bus on Thursday, April 10, 2014, on Interstate 5 near Orland, Calif. Authorities said it is not yet clear what caused the crash but that it involved a tour bus, a FedEx truck and a Nissan Altima. At least Nine people were killed Thursday and dozens injured in the fiery crash between a FedEx delivery truck and a charter bus carrying high school students on a visit to a Northern California college, authorities said. (AP...
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New technology in the coming years maybe become critical evidence in determining the casual relationship of transportation accidents as well as whether the employee deviated from the employment at the time of the event.
Sep 27, 2012
Workplace injuries involving transportation continue to be major contributing factors to fatalities in the United States. The US Bureau of Labor Statistics has reported preliminary data for 2011 reflecting that transportation ...
Apr 06, 2014
WASHINGTON – The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has ordered DND International, Inc., USDOT No. 1434005, to immediately shut down after declaring the ...

Thursday, April 10, 2014

Senate Republicans Block Bill on Equal Pay

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


WASHINGTON — Senate Republicans on Wednesday blocked legislation meant to close the pay gap between men and women, framing an election-year fight between the parties over whose policies are friendlier to women.
The bill was an attempt by Democrats to press what they see as their electoral advantage among women in the coming midterm elections, but they fell short of the 60 votes they needed to prevent a filibuster and advance the legislation.
“For reasons known only to them, Senate Republicans don’t seem to be interested in closing wage gaps for working women,” Senator Harry Reid of Nevada, the majority leader, said in a floor speech.
Republican lawmakers have said that given existing anti-discrimination laws, the legislation is redundant and is a transparent attempt by Democrats to distract from President Obama’s much-criticized health care law.
Supporters of the bill, called the Paycheck Fairness Act, say it would bring transparency to worker pay by making it illegal for employers to penalize employees who discuss their salaries and by requiring the Equal Employment Opportunity Commission to collect pay information from employers.
Mr. Obama signed executive measures on Tuesday that imposed similar requirements on government contractors.
Republican leaders assailed Democrats’ attempt to paint them as unsympathetic to women in the work force. The Senate Republican Conference on Wednesday called the pay equity legislation “the latest...
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Of Course Student-Athletes Are University Employees

Student athletes are organizing as employees. Will this change of status mandate much needed workers' compensation insurance coverage? Today's post was shared by Steven Greenhouse and comes from www.theatlantic.com

Objectors to the NLRB's ruling that student-athletes can unionize are glossing over the fact that student-athletes meet all the criteria to be considered employees of their schools.
Are college athletes university employees? It’s a question that has gripped the sports world since January, when a group of Northwestern University football players petitioned the National Labor Relations Board to form a union. The debate has only intensified since March 26, when a regional director in Chicago surprised many by granting the players’ petition.
The backbone of regional director Peter Sung Ohr’s 24-page ruling that the players are employees and thus have the right to form a union was the exhaustive description of the responsibilities and time-consuming demands of Northwestern football players. The judge said the evidence put forth by the team members, led by former quarterback Kain Colter and the College Athletes Players Association, showed that football “student-athletes” at Northwestern spend 40 to 50 hours a week on football-related activities for the duration of the regular season and bowl season, and have a virtual year-round commitment to the program. Thus, they are employees under the National Labor Relations Act, Ohr concluded.
“In its detailed presentation of the life of a Northwestern football player and in its analysis of the applicable law, Ohr's opinion clearly anticipates the appeal,” said ESPN’s Lester Munson....
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Related articles:
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A member of Wisconsin's Final Four basketball team said he participated in weekly conference calls in recent months with the union and Ramogi Huma, head of the National College Players Association, and other players.
Mar 30, 2014
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 ...
Apr 10, 2014
Are college athletes university employees? It's a question that has gripped the sports world since January, when a group of Northwestern University football players petitioned the National Labor Relations Board to form a ...
Apr 06, 2014
The two met earlier in the week with congressional lawmakers to talk about the Northwestern players' novel effort to form what could be the first labor union for U.S. college athletes. "The hard part is over," Colter said of the ...

Union says other college teams in play after decision involving Northwestern football team

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

Players from other universities have expressed interest in forming unions in the wake of the landmark decision last week involving the Northwestern football team, a union organizer said Friday.

Tim Waters of the United Steelworkers would not disclose the players or their schools, saying it was too early to reveal who they are. But he said they reached out following the decision last week by a regional director of the National Labor Relations Board declaring Northwestern's football players have the right to form a union.

"We're not giving out who it is or who they are, but the answer is yes," said Waters. "There's a lot of excitement out there. We've been contacted by a number of players."

A member of Wisconsin's Final Four basketball team said he participated in weekly conference calls in recent months with the union and Ramogi Huma, head of the National College Players Association, and other players. The NCPA and the steelworkers are working together on the union push, with the NCAA, Big Ten Conference and Northwestern opposing the move.

"I don't know exactly how many there were. But on average on a weekly call there were probably 10 or 20, at least," said Zach Bohannon, a reserve on the team. "So it was definitely a unique experience just hearing the concerns that players all over the country had, and then just voicing my opinion."

Northwestern players will vote April 25 on whether to become the first college athletes...

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UConn guard on unions: I go to bed 'starving'

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

(CNN) -- He's one of the best basketball players in the country, and he led his team to victory in Monday night's NCAA championship game. But the University of Connecticut's Shabazz Napier recently told reporters he sometimes goes to bed "starving" because he can't afford food, despite that UConn's student-athlete guidelines include provisions for meal plans.

The remark got the attention of state lawmakers in Connecticut, who are now exploring legislative ways to allow athletes at UConn, a state institution, to unionize -- much like athletes are attempting at Northwestern University.

Rep. Matthew Lesser said he and other state lawmakers are considering legislation. Unlike at Northwestern, a private institution governed by the National Labor Relations Board, Connecticut law governs whether employees at a public institution can unionize.

"He says he's going to bed hungry at a time when millions of dollars are being made off of him. It's obscene," Lesser said. "This isn't a Connecticut problem. This is an NCAA problem, and I want to make sure we're putting pressure on them to treat athletes well."

Napier recently called the Northwestern union ruling "kind of great" and said that although he appreciates his basketball scholarship, it doesn't cover all of his expenses.

"I don't feel student-athletes should get hundreds of thousands of dollars, but like I said, there are hungry nights that I go to bed and I'm starving," he said.

Asked...

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Toyota Recalls 6.4 Million Vehicles, Raising New Questions About Its Quality Controls

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

Five defects spur world’s No. 1 automaker to launch massive recall. The action announced today by Toyota Motor Corp. involves nearly 6.4 million vehicles worldwide and 27 models, including the RAV4, Corolla, Yaris, Matrix and Highlander. The recalls were prompted by defects with seat rails, cables connected to air bags, engine starters, steering column brackets and windshield-wiper motors. Engine-starter defects led two vehicles in Japan to catch fire, but Toyota said it wasn’t aware of any crashes, injuries or fatalities caused by the problems. The most widespread problem is with the spiral cable assembly attached to air bags, an issue affecting 3.5 million vehicles. The recalls are a fresh blow to Toyota’s reputation for quality, and follow the company’s agreement last month to pay a $1.2 billion criminal penalty to settle a U.S. investigation. The Wall Street JournalBloomberg

GM gets slapped with a $7,000-a-day fine — and a warning about possible Justice Department action. The National Highway Traffic Safety Administration told General Motors in a letter that it was imposing the fine, retroactive to April 3, because the company still hasn’t provided enough answers about its ignition switch recall. NHTSA also warned that it could refer the case to the Justice Department as early as today because of GM’s “failure to fully respond” to the agency’s 107 questions about...

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Are secret, dangerous ingredients in your food?

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

(Susan Biddle/Washington Post file photo)

Food manufacturers are routinely exploiting a “legal loophole” that allows them to use new chemicals in their products, based on their own safety studies, without ever notifying the Food and Drug Administration, according to a new report by an environmental and consumer advocacy group.

Natural Resources Defense Council identified 56 companies that were marketing products using 275 chemicals that the company’s hired experts decided met federal safety standards, known as Generally Recognized as Safe (GRAS). However, the science behind those safety findings and the use of the chemicals was disclosed to the FDA in only six instances. The New York-based NRDC called its report “Generally Recognized as Secret” and said the lack of transparency with the GRAS process is a public health threat.

“If you don’t know when (an additive) is being used, how can you determine if it’s safe?” said Thomas Neltner, a chemical engineer and co-author of the study that was presented Monday at a Grocery Manufacturers Association’s Science Forum at Washington.

In a prepared statement, the GMA defended the GRAS process, saying, “It is a very thorough and comprehensive process that has, under the current law provided FDA with authority to challenge the improper marketing of an ingredient as GRAS, and if necessary, act to remove products containing that ingredient from the food supply.”

The FDA said that...

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Jury Awards $9 Billion in Damages in Drug Case

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

In one of the biggest damages verdicts ever imposed, a jury in Louisiana has ordered a Japanese drug maker and its American partner to pay a combined $9 billion in punitive damages over a diabetes drug that has been linked to cancer.

Jurors in a district court trial in Lafayette, La., ordered the Japanese company, Takeda Pharmaceutical, to pay $6 billion in punitive damages on Monday after finding that the company had hidden the cancer risks of its drug, Actos.

The jury also ordered Takeda’s partner, Eli Lilly, which once marketed the drug in the United States, to pay $3 billion.

Both Takeda and Lilly said they disagreed with the verdict and would fight it. Under the companies’ contract, Lilly is indemnified by Takeda, and so would not have to pay any damages.

“Takeda respectfully disagrees with the verdict, and we intend to vigorously challenge this outcome through all available legal means,” Kenneth D. Greisman, senior vice president of Takeda’s American subsidiary, said in a statement.

In its decision, the jury found that Takeda became aware of links between Actos and bladder cancer early in the 2000s, but withheld that information from patients and doctors. The jury was deciding on a lawsuit filed by a man who had bladder cancer diagnosed in 2011 after using Actos for several years.

The lawsuit is one of thousands that Takeda faces over the drug, once one of the company’s best-selling products. Court documents said Actos, also called...

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EPA Reaches Agreement with Two Companies Requiring the Cleanup of Asbestos at a School and Head Start Facility in Penuelas, Puerto Rico

Today's post was shared by US EPA News and comes from yosemite.epa.gov

 

Release Date: 04/08/2014

      (New York, N.Y.) The U.S. Environmental Protection Agency has reached an agreement with the Homeca Recycling Center Co, Inc. and Tallaboa Industrial Park, LLC to clean up asbestos that spread from a building in the Tallaboa Industrial Park during demolition to the nearby Jorge Lucas Perez Valdevieso School and a children’s Head Start facility. The building was being demolished as part of the redevelopment of the former Puerto Rico Olefins facility in Penuelas, Puerto Rico. Under the agreement, the companies will remove asbestos fibers and materials from the Jorge Lucas Pérez Valdivieso School and the Tallaboa Encarnacion Head Start facility with EPA oversight of the work.

      Asbestos was once used in insulation and other building materials. The inhalation of asbestos fibers can lead to cancer and asbestosis, a serious respiratory disease. The removal of asbestos-containing materials during demolition requires strict adherence to procedures outlined in the Clean Air Act to protect public health.

      “Asbestos can cause serious health problems and must be handled properly to protect people’s health,” said Judith A. Enck, EPA Regional Administrator. “The cleanup of asbestos at the school and Head Start will protect the health of children in this community and allow these educational facilities to reopen.”

      In November 2013, EPA discovered that an ongoing demolition conducted at the facility was disturbing...

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Doctors' Billing System Stays Stuck In The 1970s For Now

Much of the health care industry spent millions preparing for a huge upgrade of coding for medical diagnoses and procedures that has now been delayed. i
Much of the health care industry spent millions preparing for a huge upgrade of coding for medical diagnoses and procedures that has now been delayed.

Much of the health care industry spent millions preparing for a huge upgrade of coding for medical diagnoses and procedures that has now been delayed.

Courtesy of Intelicode

For doctors, hospitals and insurance companies, all the complexities of medicine get boiled down into a system of codes.

These codes are used to track and pay for every procedure you can think of. There's 813.02 for mending a broken forearm, and 800.09 for treating a concussion. There's even 960.0 for being hurt in an "unarmed fight or brawl."

But this coding system is now four decades old. The codes were scheduled to be upgraded in October, but last week Congress delayed the switch.

JaeLynn Williams, for one, is seriously bummed out. "It's kind of like looking forward to Christmas, and it doesn't come," she says

Williams and her company, 3M Health Information Systems, are helping about 5,000 hospitals upgrade from the old coding system, called ICD-9, to the new one, ICD-10.

It's a $100 million project for 3M Health. Williams is passionate about the upgrade since it will give doctors, hospitals, researchers and insurance companies better data — which will allow them to zero in on the best, most cost-effective treatments.

"With ICD-9 there's only so much information that's captured with each code," she says. ICD-9 offers about 4,000 codes for procedures. ICD-10 has about 72,000.

Without very specific codes, cardiologists, for example, can't...

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Elite Drivers Provide Tips for Work Zone Awareness Week

Today's post was shared by Trucker Lawyers and comes from www.heraldonline.com

— /PRNewswire-USNewswire/ -- Today, American Trucking Associations is urging motorists to slow down and pay attention while driving through work zone areas. With National Work Zone Awareness Week 2014 marking the 15th anniversary of this life-saving safety campaign, elite drivers with millions of accident-free miles are educating the public on how to stay safe. 

National Work Zone Awareness Week 2014 runs from April 7-11.

America's Road Team Captains, professional truck drivers selected for their impressive driving records and commitment to safety, are sharing their wealth of experience from the road. With four of every five victims in a work zone crash being motorists, these tips can help save lives on our nation's highways.

Work Zone Driving Safety Tips for Motorists:

  • Expect the Unexpected – Speed limits may be reduced, traffic lanes may be changed, and people may be working on or near the road.
  • Speeding is one of the major causes of work zone crashes.
  • Don't Tailgate – Keep a safe following distance between you and the car ahead.
  • Keep a Safe Distance from Construction Workers – and equipment.
  • Pay Attention to Posted Signs – Warning signs are there to help guide you, use them.
  • Stay Alert and Avoid Distracted Driving – Work zones present extra challenges and obstacles. Motorists need to pay attention to the road and their surroundings.
  • – Schedule your trip with plenty of extra time. Expect delays and leave early so you...

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Is Your Workers’ Compensation Check Late?

Today's post was shared by Trucker Lawyers and comes from workerscompensationwatch.com

My work comp check was late or hasn’t come yet. Now what?

If you are entitled to workers’ compensation checks, and the insurance company has not paid them on time, you might be entitled to a penalty from the insurance company in addition to the amount that you are owed.

The penalties for late payments vary from state to state, but most states have laws to help workers when this problem arises.

In Nebraska, the work comp insurance company has 30 days to pay benefits from the day that it has notice of the disability, or 30 days from the day that the Court entered an Order, Award, or Judgment. If the insurance company does not pay the benefits within those 30 days, you may be entitled to a 50% penalty in addition to what you are owed.

For example, if the Court enters an Award on January 1 that you are entitled to $20,000, and if the insurance company does not pay, or at least mail the check, by January 31, you would be entitled to a total of $30,000 ($20,000 plus $10,000 for the 50% penalty). In addition, if an attorney is able to secure this penalty on your behalf, the insurance company may be required to pay an attorney’s fee for the amount of time your attorney spent securing the penalty and interest on the amount of the award.

Penalties are very rarely paid voluntarily, so if your check is late, a lawyer will most likely be needed to enforce and collect a penalty. Also, benefit checks are often delayed by administrative problems, and our legal staff...

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Federal data show big Medicare payouts for dozens of N.J. doctors

More than two-dozen New Jersey physicians were among hundreds nationwide that took in millions from treating Medicare patients, according to a massive release of federal data on Wednesday that shines a light — some say unfairly — on the doctors giving the most expensive care to the elderly.

In what it called an effort to increase transparency on government spending on health care, the Centers for Medicaid and Medicare Services released for the first-time a breakdown on Medicare spending by physician. Patient advocates say the information will allow the public to gauge how well the government monitors doctors who are generating the highest bills.

But physician groups said the data are apt to be misinterpreted because they don’t explain the often-complicated method the federal government uses for reimbursing doctors. The data, long lists of physician names and their total Medicare claims in 2012, will target some providers for closer scrutiny from federal auditors even though the high bills could be for justifiably expensive care rather than a sign of fraud or waste.

“This data is skewed,” said Dr. Michael Harris, an ophthalmologist whose practice, NJRetina has 14 locations in central and northern New Jersey.

Harris, who is listed in CMS data as having billed Medicare more than $3.8 million in 2012, said the gross reimbursement amounts listed for retinal specialists like himself do not take into account the fact that much of the money is...

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