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

Monday, May 19, 2014

Republicans Tighten Grip on Debates in 2016 Race

The modification of The Affordable Care Act will most likely be a major platform of the Republican National Convention. The staggering cost of medical care in the workers' compensation delivery system is an issue that will potentially be addressed through national legislation over the next political Administration. This dynamic may cause strange results as corporate America redesign workers' compensation programs.

Today's post was shared by The New York Times and comes from www.nytimes.com
MEMPHIS — The Republican National Committee moved Friday to seize control of the presidential primary debates in 2016, another step in a coordinated effort by the party establishment to reshape the nominating process.
Committee members overwhelmingly passed a measure that would penalize any presidential candidate who participated in a debate not sanctioned by the national party, by limiting their participation in subsequent committee-sanctioned forums.
The move represents the party’s effort to reduce the number of debates and assert control over how they are staged.
In making the case for adopting the new rule, party officials repeatedly criticized the moderators and format of the 2012 primary debates, appealing to the suspicions that many Republican activists have about the mainstream news media. “The liberal media doesn’t deserve to be in the driver’s seat,” said the committee’s chairman, Reince Priebus, addressing committee members here at their spring meeting.
Such rhetoric makes taking over the debates easier to sell to the committee’s more conservative members. But what party leaders are principally concerned about is reducing the number of debates to avoid a repeat of the 2012 campaign when a series of insurgent candidates used the forums — 20 in all — to draw attention to their candidacies. Some party leaders say they believe that the number of debates pushed Mitt Romney to the right in a way that contributed...
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Friday, May 16, 2014

Learn When an Accident in a Parking Lot Is Compensable



Learn When an Accident in a Parking Lot Is Compensable


New Jersey Institute for Continuing Legal Education
Wednesday, June 18, 2014 4pm-8pm

Law Center, 1 Constitution Square, New Brunswick, NJ 08901
t. 732-249-5100  f. 732-249-1428  www.njicle.com

  • Learn about the most important recent case law decisions from a panel of Compensation Judges and leading attorneys. The lead attorneys, John R. Tort, Jr. and Lewis Stein, who tried and participated in the appeal of Hersch v. County of Morris will discuss the recent NJ Supreme Court "Off-Premises" (Coming and Going Rule) decision.
  • Understand why state tort law claims for failure to warn of chemical dangers are not preempted by OSHA’s HazCom standard. Attorney Steven H. Wodka, who participated in the appeal  of ATRM v OSHA & DOL, et. al,will provide insight into the 3rd Circuit Court of Appeals recent decision and what new claims may be anticipated. 
  • Gain an understanding of coverage issues involving Workers’ Compensation insurance policies and the operation of the Uninsured Employers Fund.
  • Acquire information of the new rules and procedures for obtaining Medicare conditional payment information, and the new regulations onhow to appeal a Medicare determination involving reimbursement /debt owed the Centers for Medicare and Medicaid Services (CMS).


Thursday, May 15, 2014

UK drug company Glaxo 'paid bribes to Polish doctors'

Today's post was shared by WCBlog and comes from www.bbc.co.uk

UK drug company GlaxoSmithKline is facing a criminal investigation in Poland for allegedly bribing doctors, BBC Panorama has discovered.

Eleven doctors and a GSK regional manager have been charged over alleged corruption between 2010 and 2012.

A former sales rep said doctors were paid to promote GSK's asthma drug Seretide.

The company said one employee had been disciplined and it was co-operating with investigations.

If the allegations are proved, GSK may have violated both the UK Bribery Act and the US Foreign Corrupt Practices Act. It is illegal for companies based in either country to bribe government employees abroad.

A former sales rep for GSK in the Polish region of Lodz, Jarek Wisniewski, said: "There is a simple equation," he said. "We pay doctors, they give us prescriptions. We don't pay doctors, we don't see prescriptions for our drugs.

"We cannot go to doctors and say to them, 'I need 20 more prescriptions'. So we prepare an agreement for them to give a talk to patients, we pay £100, but we expect more than 100 prescriptions for this drug.

"It's a bribe," Mr Wisniewski said, confirming that although on paper the payments were for educational services, the doctors understood very clearly that they must produce a certain number of prescriptions in return.

Panorama: Find out more

BBC Panorama logo
  • Panorama - Who's Paying Your Doctor?
  • BBC One, Monday, 14 April, at 20:30 BST

The Lodz public prosecutor found evidence in documents given...

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ATSDR report finds drywall imported from China in the 2000s may have affected human health


The ATSDR today released a report, “Health Consultation: Possible Health Implications from Exposure to Sulfur Gases Emitted from Chinese-Manufactured Drywall,” describing the laboratory tests and modeling researchers used to estimate levels of sulfur compounds in indoor air of homes built with problem drywall, including drywall imported from China in 2005 and 2006.

The findings and conclusions of the report are based on analysis of a small number of drywall samples and cannot be generalized to all homes built with problem drywall. The drywall sampled was manufactured in China between 2005 and 2006, and in 2009. For comparison purposes, samples also included drywall manufactured in North America in 2009.

In early 2009, the U.S. Consumer Product Safety Commission (CPSC) began investigating the problem with imported drywall from China with support from ATSDR and other federal and state agencies. CPSC has guidance for identifying problem drywall.

A 2012 U.S. Department of Housing and Urban Development (HUD) report estimates that problem drywall imported from China was most likely used in the construction of approximately 11,000 new homes.

The full report is available at http://www.atsdr.cdc.gov/drywall.

More articles about "drywall" and workers compensation
Apr 09, 2014
The photos rolled across the screen. Photos of construction workers tuck-pointing the cement grout on a building, sawing brick, jack hammering a sidewalk, sanding drywall. Each photo, showing workers in clouds of dust, ...
Aug 08, 2013
Such products are as diverse as lead-filled toys, sulfurous drywall, pet food spiked with melamine and heparin tainted with oversulfated chondroitin sulfate. In the specific case of bridges, six have collapsed across China since ...
Apr 11, 2011
They claimed they had only 20 employees, but it was revealed they had over 1,500 workers.10; The owner of a drywall company in Marysville, Washington entered a guilty plea to theft of sales tax and workers' compensation ...

Tuesday, May 13, 2014

Aging Workers' Compensation

The workers' compensation premium model is based on wages of the workers, ie. payroll. It computes wages as factor to compute temporary disability benefits and theoretically permanency. It does not equate to medical costs which are much higher for an aging demographic. In act medical costs have continued to soar as the workers begin to age in place, ie. at work.

Today the Pew Research Organization published a study about the massive demographic change of the American population and what can be anticipate in the decades ahead.

Will age now become a factor for premiums or will the medical be subsumed into Federal government's Affordable Care Act?



"Demographic transformations are dramas in slow motion. America is in the midst of two right now. Our population is becoming majority non-white at the same time a record share is going gray. Each of these shifts would by itself be the defining demographic story of its era. The fact that both are unfolding simultaneously has generated big generation gaps that will put stress on our politics, families, pocketbooks, entitlement programs and social cohesion."

Monday, May 12, 2014

Long Way Down

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com
Maybe I will, and maybe I won't.

I like the ambivalence of that - and that vagary is only possible when I go to Big Sur.

The last time my wife and I went to  a couple of years ago was following a big slide at the north portion of coast, about 10 miles below Carmel. That slide cut off all of the normal traffic that would flow from the Monterey Peninsula, so the coast was eerily quiet.


The night prior to our departure from Lucia Lodge we learned there had been a slide south of our position, leaving the only way in and out of Big Sur via a hair raising single lane road with multiple pin point tight turns, and no guard rails, up over the Santa Lucia range and into Fort Hunter Liggett/Camp Roberts to Highway 101 (post script - Nacimiento-Fergusson Rd).

We would have enjoyed staying a few more nights and the complete solitude afforded by the slides and difficulty people would face getting into the area, but work schedules for both of us compelled our departure.

Wednesday, May 7, 2014

GM Fuel Gauge Recall Affects Thousands Of SUVs

Today's post was shared by Trucker Lawyers and comes from www.npr.org


A new GM recall over defective fuel gauges affects the 2014 Buick Enclave (seen here), along with the Chevrolet Traverse and GMC Acadia.

Weeks after issuing recalls for safety problems in some of its most popular cars, GM says it needs to fix defective fuel gauges that can give SUV drivers little or no warning their vehicle might run out of fuel. GM's latest recall potentially affects 51,640 SUVs that were built in 2013.
GM has been criticized for its handling of recalls this year, which include a steering flaw and problems with ignition switches and air bags. Each of those recalls affected hundreds of thousands of vehicles.
The fuel gauge problem can be fixed by adjusting the vehicles' software, according to the National Highway Traffic Safety Administration. The agency's website details the vehicles involved:
"General Motors... is recalling certain model year 2014 Buick Enclave, Chevrolet Traverse, and GMC Acadia vehicles manufactured March 26, 2013, through August 15, 2013. In the affected vehicles, the engine control module (ECM) software may cause the fuel gauge to read inaccurately."
Explaining the problem in a letter to NHTSA, GM's investigation unit wrote that defective calibration of the ECM "may result in inaccurate fuel gauge readings at both the high and low end of the fuel range by as much as one quarter of a tank."
GM says the work to fix the problem will be carried out with no charge to the owners, noting that the vehicles are still under warranty.
"The company doesn't know of any crashes or injuries related to the problem," the AP reports. "GM says dealers will...
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Employers Eye Moving Sickest Workers To Insurance Exchanges

Today's post is shared from Kaiser.org
Can corporations shift workers with high medical costs from the company health plan into online insurance exchanges created by the Affordable Care Act? Some employers are considering it, say benefits consultants.
"It's all over the marketplace," said Todd Yates, a managing partner at Hill, Chesson & Woody, a North Carolina benefits consulting firm. "Employers are inquiring about it and brokers and consultants are advocating for it."


Health spending is driven largely by patients with chronic illness such as diabetes or who undergo expensive procedures such as organ transplants. Since most big corporations are self-insured, shifting even one high-cost member out of the company plan could save the employer hundreds of thousands of dollars a year -- while increasing the cost of claims absorbed by the marketplace policy by a similar amount.
And the health law might not prohibit it, opening a door to potential erosion of employer-based coverage.
"Such an employer-dumping strategy can promote the interests of both employers and employees by shifting health care expenses on to the public at large," wrote two University of Minnesota law professors in a 2010 paper that basically predicted the present interest. The authors were Amy Monahan and Daniel Schwarcz.
It's unclear how many companies, if any, have moved sicker workers to exchange coverage, which became available only in January. But even a few high-risk patients could add...
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Tuesday, May 6, 2014

New Study: CA Disability Compensation Among Lowest in US Only Alabama & Rhode Island pay Lower Weekly Compensation

The California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, today responded to a new national study showing that Californians injured at work are compensated at one of the lowest weekly rates in the nation. The report by the Workers Compensation Research Institute and the International Association of Industrial Accident Boards and Commissions found that California’s $290 per week maximum for workers with “permanent partial” disabilities is lower than those of all but two other states, Alabama and Rhode Island.

“Partial permanent disability compensation is the only payment injured workers receive for the loss of arms, legs, or their ability to do simple activities in daily life. The new study shows the inadequacy of compensation for lost earnings due to work injuries. It is time to restore balance to the California workers’ compensation insurance system. Insurance companies are reaping the benefits while working Californians are compensated at the bottom of the nation,” said CAAA President Jim Butler. “Changes over the past decade have been extremely profitable for insurance companies, but not for those injured on the job.”

Sunday, May 4, 2014

Subway leads fast food industry in underpaying workers

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



McDonald's gets a lot of bad press for its low pay. But there's an even bigger offender when it comes to fast food companies underpaying their employees: Subway.

Individual Subway franchisees have been found in violation of pay and hour rules in more than 1,100 investigations spanning from 2000 to 2013, according to a CNNMoney analysis of data collected by the Department of Labor's Wage and Hour Division.

Each investigation can lead to multiple violations and fines. Combined, these cases found about 17,000 Fair Labor Standards Act violations and resulted in franchisees having to reimburse Subway workers more than $3.8 million over the years.

It's a significant sum considering many Subway "sandwich artists" earn at or just above the minimum wage of $7.25 an hour.

The next most frequent wage violators in the industry are McDonald's and Dunkin' Donuts stores.

The numbers only reflect unlawful acts that have been caught. To be fair, Subway has more than 26,000 locations throughout the country -- the most of any fast food chain -- so it might not be surprising that it also tops the list of offenders.

That said, Subway's problems were considered serious enough to prompt the Department of Labor (DOL) to partner with the company's headquarters to boost compliance efforts last year.

"It's no coincidence that we approached Subway because we saw a significant number of violations," a Department of Labor spokesperson said.

The franchise model impact

In...

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Saturday, May 3, 2014

CDC announces first case of Middle East Respiratory Syndrome Coronavirus infection (MERS) in the United States

MERS case in traveler from Saudi Arabia hospitalized in Indiana

Middle East Respiratory Syndrome Coronavirus (MERS-CoV) was confirmed today in a traveler to the United States. This virus is relatively new to humans and was first reported in Saudi Arabia in 2012.
“We’ve anticipated MERS reaching the US, and we’ve prepared for and are taking swift action,” said CDC Director Tom Frieden, M.D., M.P.H.  “We’re doing everything possible with hospital, local, and state health officials to find people who may have had contact with this person so they can be evaluated as appropriate.  This case reminds us that we are all connected by the air we breathe, the food we eat, and the water we drink.  We can break the chain of transmission in this case through focused efforts here and abroad.”

On April 24, the patient traveled by plane from Riyadh, Saudi Arabia to London, England then from London to Chicago, Illinois.  The patient then took a bus from Chicago to Indiana.  On the 27th, the patient began to experience respiratory symptoms, including shortness of breath, coughing, and fever. The patient went to an emergency department in an Indiana hospital on April 28th and was admitted on that same day. The patient is being well cared for and is isolated; the patient is currently in stable condition. Because of the patient’s symptoms and travel history, Indiana public health officials tested for MERS-CoV. The Indiana state public health laboratory and CDC confirmed MERS-CoV infection in the patient this afternoon.

“It is understandable that some may be concerned about this situation, but this first U.S. case of MERS-CoV infection represents a very low risk to the general public,” said Dr. Anne Schuchat, assistant surgeon general and director of CDC’s National Center for Immunizations and Respiratory Diseases.  In some countries, the virus has spread from person to person through close contact, such as caring for or living with an infected person. However, there is currently no evidence of sustained spread of MERS-CoV in community settings.

CDC and Indiana health officials are not yet sure how the patient became infected with the virus.  Exposure may have occurred in Saudi Arabia, where outbreaks of MERS-CoV infection are occurring. Officials also do not know exactly how many people have had close contact with the patient.
So far, including this U.S. importation, there have been 401 confirmed cases of MERS-CoV infection in 12 countries. To date, all reported cases have originated in six countries in the Arabian Peninsula.  Most of these people developed severe acute respiratory illness, with fever, cough, and shortness of breath; 93 people died. Officials do not know where the virus came from or exactly how it spreads. There is no available vaccine or specific treatment recommended for the virus.
“In this interconnected world we live in, we expected MERS-CoV to make its way to the United States,” said Dr. Tom Frieden, Director, Centers for Disease Control and Prevention.  “We have been preparing since 2012 for this possibility."

Federal, state, and local health officials are taking action to minimize the risk of spread of the virus.  The Indiana hospital is using full precautions to avoid exposure within the hospital and among healthcare professionals and other people interacting with the patient, as recommended by CDC.
In July 2013, CDC posted checklists and resource lists for healthcare facilities and providers to assist with preparing to implement infection control precautions for MERS-CoV.

As part of the prevention and control measures, officials are reaching out to close contacts to provide guidance about monitoring their health.
While experts do not yet know exactly how this virus is spread, CDC advises Americans to help protect themselves from respiratory illnesses by washing hands often, avoiding close contact with people who are sick, avoid touching their eyes, nose and/or mouth with unwashed hands, and disinfecting frequently touched surfaces.

The largest reported outbreak to date occurred April through May 2013 in eastern Saudi Arabia and involved 23 confirmed cases in four healthcare facilities. At this time, CDC does not recommend anyone change their travel plans. The World Health Organization also has not issued Travel Health Warnings for any country related to MERS-CoV.  Anyone who develops fever and cough or shortness of breath within 14 day after traveling from countries in or near the Arabian Peninsula should see their doctor and let them know where they travelled.

For more information about MERS Co-V, please visit:
Middle East Respiratory Syndrome:
http://www.cdc.gov/coronavirus/mers/index.html

About Coronavirus:
http://www.cdc.gov/coronavirus/about/index.html

Frequently Asked MERS Questions and Answers:
http://www.cdc.gov/coronavirus/mers/faq.html

Indiana Department of Health
http://www.state.in.us/isdh/External