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

Thursday, August 21, 2014

Now Google Street View Is Mapping Gas Pipeline Leaks

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

This story first appeared in Grist and is republished here as part of the Climate Change collaboration.

Some of those Google cars that drive around photographing streetscapes and embarrassing moments have captured something extra—something that should embarrass major utilities. The cars were kitted out by University of Colorado scientists with sensors that sniff out natural gas leaking from underground pipelines. These methane-heavy leaks contribute to global warming, waste money, and can fuel explosions.

The sensor-equipped cars cruised the streets of Boston, New York's Staten Island, and Indianapolis. They returned to sites where methane spikes were detected to confirm the presence of a leak. The results were released Wednesday by the Environmental Defense Fund, which coordinated the project, revealing just how leaky old and metallic pipelines can be, such as those used in the East Coast cities studied, particularly when compared with noncorrosive pipes like those beneath Indianapolis.

About one leak was discovered for each mile driven in Boston, Mass.:

Boston

The findings were similar in Staten Island, NY.:

Staten Island
Staten Island

In Indianapolis, Ind., by contrast, about one leak was found for every 200 miles that the cars covered:

Indianapolis

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California Commission on Health and Safety and Workers’ Compensation (CHSWC)

Today's post is authored by Julius Young of the California Bar and shared from workerscompzone.com
This past Friday the California Commission on Health and Safety and Workers’ Compensation (CHSWC) met in Oakland.
If there was little policy drama in the policy presentations, other aspects of the meeting had drama.
Apparently concerned that protesters or rowdy commenters would disrupt the meeting, CHSWC staffers or members arranged for a watchful presence from 2 CHP officers. A flyer outlining a conduct code for public comment was distributed. Public comments were limited to 2 minutes.
The public was allowed to express opinions, but not to ask questions of the various think tank consultants and DWC staff giving updates on various topics.
When loud and spirited comments by Berkeley labor activist Steve Zeltzer went overtime, CHP staff moved in closer, leading to charges from  Zeltzer that dissent was being locked down.
One frustrated interpreter was cut off at two minutes and forced to file another request to speak form to get more speaking time. I think she was from Southern California, meaning that she traveled a long way if she was only allowed to speak for 2 minutes.
Later, an injured worker in the audience seemed bewildered that she could not direct questions to the CHSWC commissioners, half of whom are appointees from labor unions and half from employers. CHSWC member Christy Bouma of the California Professional Firefighters tried to...
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SeaWorld won't appeal ruling keeping whale trainers out of water

SeaWorld Entertainment has decided not to go to the U.S. Supreme Court to appeal a citation barring trainers from performing with its killer whales.
The company said in a regulatory filing with the Securities and Exchange Commission last week that it has "elected to not pursue further appeal."
In April, the U.S. Court of Appeals in Washington, D.C., upheld a citation against SeaWorld issued in mid-2010 by the Occupational Safety and Health Administration. The agency accused SeaWorld of endangering trainers by allowing them to perform in unprotected contact with the whales.
OSHA, which spent six months investigating SeaWorld after the February 2010 death of Orlando trainer Dawn Brancheau, recommended that trainers be allowed to perform with killer whales only when protected by physical barriers or sufficient distance. That standard effectively makes it impossible for trainers to swim with the whales.
"The safety of our staff and the welfare of our animals are SeaWorld's highest priorities, and since February 2010 we have made significant safety improvements. ... We are focused on the implementation of those improvements moving forward," SeaWorld said in a prepared statement. "As such, we opted not to pursue further appeal of the court's decision, which was based on how we were conducting our killer whale program prior to February 2010."
SeaWorld likely realized that an appeal of the ruling would be "a very difficult case to win," said Bob...
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Wednesday, August 20, 2014

Cal/OSHA fines aviation company in death of LAX baggage worker

Today's post is shared from the latimes.com

State officials fined an aviation services company $77,250 on Wednesday for five safety violations related to the death of a baggage worker in February at Los Angeles International Airport.

The California Division of Occupational Safety and Health leveled the penalty against Menzies Aviation, whose employee, Cesar Valenzuela, 51, died after being thrown from a baggage tug that did not have a functional seat belt.

Cal/OSHA investigators said seatbelts were required for the vehicle and that Menzies' safety policies related to baggage tugs did not require and even discouraged the use of restraints in certain areas of LAX.

"This fatality could have been prevented with a well thought out and implemented safety plan as is required for all worksites in California," said Christine Baker, director of the state Department of Industrial Relations.

Menzies and other aviation service companies contract with airlines to provide cabin cleaners, security personnel, custodians, wheel-chair assistants and baggage handlers.

The citations prompted union officials and service company employees to renew their calls for improvements to working conditions at LAX, the nation's third-busiest airport.

"Workers punching in at the start of a shift ought to be able to finish the day without risking their health or losing their life,"...


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California Court Limits Caregiver Suits

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

The California Supreme Court has ruled that a home health aide may not sue a client with Alzheimer’s disease for an injury incurred on the job. The case is one of the first in the nation to assess legal remedies available to paid caregivers who work with Alzheimer’s patients at home.
The facts: In September 2008, Carolyn Gregory, 54, was washing dishes in the home of Lorraine Cott, an 88-year-old woman with advanced Alzheimer’s. Without warning, Ms. Cott came up behind Ms. Gregory, knocked into her and began reaching toward the sink. As the caregiver struggled to restrain the older woman, a large knife Ms. Gregory was washing fell and sliced into her left hand. Ms. Gregory subsequently lost sensation in her thumb and two fingers and experienced considerable pain.
Since Ms. Gregory was employed by a home health agency, she was entitled to redress for the injury under the agency’s workers’ compensation policy. The question at issue was whether she could sue Mr. and Mrs. Cott (both died last year) for negligence as well.
In a 5-to-2 ruling, the California Supreme Court said the caregiver could not, citing a legal doctrine known as the “primary assumption of risk.” That principle holds that workers who perform jobs they know to be dangerous — firefighters and police officers are primary examples — cannot seek recompense from clients when bad things happen, as might be expected, on the job.
“Those hired to manage a...
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Questions About Who Should Perform In-Office Surgeries

Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

One of the hopes embedded in the health law was to expand the role of nurse practitioners and physician assistants in addressing the nation’s shortage of primary care providers. But a new study questions whether that’s actually happening in doctors’ offices.
Of the more than 4 million procedures office-based nurse practitioners and physician assistants independently billed more than 5,000 times in a year to Medicare – a list including radiological exams, setting casts and injecting anesthetic agents – more than half were for  dermatological surgeries.

That’s not surprising, according to Ken Miller, president of the American Association of Nurse Practitioners, because when patients are older, skin problems such as “boils, skin tags and warts” are pretty  typical.
“I think that’s where you’re going to see the majority of procedures that are occurring both in primary care and in some of the other specialties like geriatric clinics,” he said.
The Aug. 11 study, published in the JAMA Dermatology analyzing 2012 Medicare claims, is suggesting that nurse practitioners and physician assistants should face higher regulation if performing surgical procedures.
The study’s lead author, Dr. Brett Coldiron, a dermatologist and clinical assistant professor at the University of Cincinnati, said while the “intent for...

N.H.L. Concussion Lawsuits Consolidated

A federal panel ruled that all concussion-related lawsuits brought by retired N.H.L. players would be consolidated into a single suit and heard by the United States District Court in St. Paul, Minn.

Former N.H.L. players have filed about half a dozen concussion-related suits across the United States, with more former players expected to file in the near future.

In issuing the consolidation order, the Judicial Panel on Multidistrict Litigation said it had chosen Minnesota in part because of its proximity to Canada, where several of the plaintiffs live.

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Tuesday, August 19, 2014

Florida Businesses, Insurers to Fight Ruling Overturning Workers’ Comp System

The battle lines are being drawn in the State of Florida as the challenge to the FL workers' compensation law continues following a judicial ruling that the act was unconstitutional because it has been emasculated by Industry reform and its effectiveness diminished to point of rendering the act void.
Today's post is shared from .insurancejournal.com
A Florida circuit court judge has ruled that the state’s workers’ compensation law is unconstitutional because it no longer provides adequate benefits to injured workers giving up their right to sue.
Florida 11th Circuit Court Judge Jorge Cueto handed down the ruling in a case (Padgett v. State of Florida No. 11-13661 CA 25) that could upend the state’s nearly 80-year workers’ compensation law.
The case has its genesis in a 2012 instance where a state government worker, Elsa Padgett, sustained an on-the-job injury. After a fall, Padgett had to have a shoulder surgically replaced and was forced to retire due to complications.
Padgett, along with several trial bar groups, argued that her workers’ compensation benefits were inadequate and the law unfairly blocked her constitutional right to access the court.
The workers’ compensation system is by law the “exclusive remedy” for injured workers. Injured workers are provided medical benefits and certain wage-loss benefits in exchange for forgoing the right to sue their employer in court.
Cueto, in a 20-page ruling, avoided making any specific comments on the details of Padgett’s case other than to rule in her favor.
Instead, Cueto focused on the exclusive remedy provision of the law, finding that due to the many cuts in medical and wage-loss benefits made by lawmakers over the years, the system no longer represents a fair deal for injured workers.
Cueto singled-out workers’...
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Monday, August 18, 2014

The Surgeon General’s Call to Action to Prevent Skin Cancer

The Surgeon General’s Call to Action to Prevent Skin Cancer calls on partners in prevention from various sectors across the nation to address skin cancer as a major public health problem. Federal, state, tribal, local, and territorial governments; members of the business, health care, and education sectors; community, nonprofit, and faith-based organizations; and individuals and families are all essential partners in this effort. The goal of this document is to increase awareness of skin cancer and to call for actions to reduce its risk. The Call to Action presents the following five strategic goals to support skin cancer prevention in the United States: increase opportunities for sun protection in outdoor settings; provide individuals with the information they need to make informed, healthy choices about ultraviolet (UV) radiation exposure; promote policies that advance the national goal of preventing skin cancer; reduce harms from indoor tanning; and strengthen research, surveillance, monitoring, and evaluation related to skin cancer prevention.
Skin cancer is the most commonly diagnosed cancer in the United States, and most cases are preventable.1–3 Skin cancer greatly affects quality of life, and it can be disfiguring or even deadly.1,4–6 Medical treatment for skin cancer creates substantial health care costs for individuals, families, and the nation. The number of Americans who have had skin cancer at...
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Family of LAPD officer killed in Beverly Hills crash files lawsuit

Today's post was shared by The Workers' Injury Law & Advocacy Group and comes from www.latimes.com



The family of a 27-year LAPD officer has filed a wrongful death lawsuit against the cities of Los Angeles and Beverly Hills and the company that owns the truck that hit his vehicle and killed him.
Det. Ernest L. Allen Sr. was killed May 9 when an out-of-control concrete truck barreled downhill on Loma Vista Drive in Beverly Hills and slammed head-on into Allen’s pick-up truck, which was northbound on the winding, sloping road.

The collision marked the fourth major crash on the road in less than a year and the second one to kill a Los Angeles Police Department officer. On March 7, Officer Nicholas Lee was killed near the same stretch of Loma Vista by an out-of-control truck that was in the area for construction.
The May 9 collision is still under investigation, but Beverly Hills police investigators say it appears the truck’s brakes failed -- the same issue that appears to have been involved in Lee’s crash.

In the lawsuit filed Monday in Los Angeles County Superior Court, Allen’s mother and two children assign responsibility for his death to the truck’s driver for failing to maintain his vehicle; the company he worked for, Over & Over Ready Mix, for hiring him; and Beverly Hills and Los Angeles for designing the road and failing to keep it safe.
After Allen’s death, the city placed a 30-day...
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DuPont wants Pompton Lakes cleanup eased

Today's post is hared from northjersey.com
DuPont wants to clean up its former Pompton Lakes munitions plant — contaminated with a litany of elements that can cause cancer and other illnesses — using far weaker standards than the state usually requires, a strategy that echoes prior attempts by polluters to push for less extensive cleanups at other sites in North Jersey.
In its proposal, which was obtained by The Record through a federal public records request, DuPont says it would leave some of the contaminated soil in place and cap it. Other sections would be excavated, with some of that soil sealed in two old tunnels carved out of a ridge on the property.
The plan is drawing strong criticism from state and federal environmental agencies that must sign off before any action can take place. Negotiations with the company are ongoing.
The proposal is also sparking concern from neighbors whose homes now sit over a plume of groundwater contaminated by toxic substances that migrated from the plant.
DuPont’s sprawling 600-acre campus was once dotted with buildings that made ammunition for the United States for more than a century; a powder factory was considered so vital during the Spanish-American War that...
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Banning Asbestos - WHO European Region Sets Plans

Today's post is shared from euro.who.int

Asbestos is one of the most severe and widespread environmental health hazards in the WHO European Region, and is responsible for half of fatal cancers linked to exposure at work. To discuss activities to put an end to asbestos-related diseases, representatives from 16 Member States in the WHO European Region and experts in occupational health and cancer registries met in Bonn, Germany, on 10–11 June 2014.
Photo Credit: WHO
Participants at a meeting on asbestos
elimination in Bonn, Germany, on 10-11 June 2014

They evaluated progress made since the 2010 Parma Declaration and emphasized the need for WHO support to develop national programmes on asbestos elimination. The Parma Declaration commits governments in the European Region to take action on a range of environmental issues affecting health. This includes commitments to act on the identified risks of exposure to carcinogens, including asbestos, and to develop national programmes for the elimination of asbestos-related diseases by 2015, in collaboration with WHO and the International Labour Organization (ILO).

Asbestos: a silent killer

More than 107 000 people worldwide die every year from asbestos exposure at work. This insidious killer generates fatal diseases such as lung cancer, mesothelioma and asbestosis several decades after exposure.

In the European Region 37 countries have banned the use of all forms of asbestos, following WHO and ILO recommendations. Nevertheless, an estimated 300 million people are still exposed to asbestos at work, as well as out of work. In some countries asbestos is still produced, traded and used.

The most efficient way to eliminate asbestos-related diseases is to stop the use of all forms of asbestos because:
  • there is no safe level of asbestos exposure
  • cancer risks are increased even with very low-level exposures
  • all forms of asbestos are carcinogenic to humans
  • asbestos can be substituted with safer materials.

Asbestos-free zone – the way forward

During the meeting participants highlighted the need to establish proper national registers on occupational diseases and on cancers, in order to:
  • assess national situations
  • promote action and take appropriate measures
  • raise awareness on the issues among policy-makers and the general population.

Training for health care practitioners in detecting and reporting asbestos-related diseases should be introduced or strengthened to track the link between exposure and disease and to gather proper data.

Issues related to asbestos removal were also discussed; this led Member States to ask for support to develop waste management strategies and to identify asbestos substitutes.

The meeting was hosted by the WHO European Centre for Environment and Health and co-financed by the German Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB).

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

State Sen. Leland Yee allegedly solicited bribes for NFL Workers’ Compensation Law

The NFL controversy involving workers' compensation claims continues to heat up. Today's post by Brett Gowen of the California Bar is shared from fbgslaw.com
Brett Gowen


As part of the ongoing saga of State Senator Leland Yee, a new charge for racketeering was given by a federal grand jury. As part of the indictment, Sen. Yee allegedly solicited $60,000 for Yee’s vote and another senator’s vote on a bill dealing with limiting workers’ compensation benefits for NFL players. According to the indictment, Sen. Yee believed the money would be paid by a NFL team owner according to an LA Times article.

Attorney, Melissa Brown at Fraulob Brown Gowen & Snapp, has a connection to the NFL and their treatment of injured players. Ms. Brown was retained as an expert witness for the NFL Players’ Association at an arbitration hearing involving a workers’ compensation law dispute with NFL owners. The arbitration, and the flurry of lawsuits involving NFL injuries, is part of the growing recognition of the impact the game has on the long-term health of the players. 

California Medical Fraud Investigation Continues

"Follow the money." The investigation of fraud in the California Workers' Compensation system continues. Today's post of Julius Young of the California Bar
is shared from workerscompzone.com

You might have thought that news of bad behavior in California’s workers’ comp system was hitting bottom.

After all, could it get worse? Allegations of legislators taking money to help charlatans who profited off of the backs of injured workers (literally). Scads of doctors alleged to have taken kickbacks for prescribing questionable compound medicines one of which allegedly killed a baby.

It appears that law enforcement authorities are now focusing on relationships between some applicant attorney firms and medical groups.

In Southern California the Riverside County DA has executed a search warrant against a workers’ comp firm, California Injury Lawyers (CIL). Apparently this is a result of a long investigation into suspected workers’ comp fraud, targeting operations allegedly connected to an individual named Peyman Heidary who is said to have a financial interest in as many as nine medical clinics in the Los Angeles area.

The details of the alleged bad behavior or fraud is unclear, and it must be noted that any allegations are currently just that, allegations.

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3 Liberian Health Workers With Ebola Receive Scarce Drug After Appeals to U.S.

Three Liberian health care workers who have contracted Ebola received an extremely scarce experimental serum on Friday at a hospital outside the national capital, Monrovia, a Liberian health official said Saturday.
The official, Tolbert G. Nyenswah, an assistant minister of health and social welfare, would not say if any of the three were doctors.
The drug, a mix of monoclonal antibodies called ZMapp, has been tested in animals, but has not been studied for safety or effectiveness in humans. It arrived in Liberia on Wednesday after appeals by leaders there to top officials in the United States and a letter from President Ellen Johnson Sirleaf of Liberia to President Obama.
Mapp Biopharmaceutical of San Diego, which provided the drug, said the “available supply of ZMapp has been exhausted.”
Mr. Nyenswah, who picked up the drug when it arrived at the airport and took part in a meeting to discuss which patients should be selected, said the three recipients had signed consent forms stating that they understood the risks and released all parties involved from liability.
He said he did not know how the patients were doing since receiving the drug.
If the treatment works, Mr. Nyenswah said in an interview earlier in the week, “and we can save the doctors here, especially those senior medical doctors that are infected with the virus, then Liberia can be a place to do a mass trial with the drugs.”



Liberian health officials requested the serum after it was...
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[Click here to read the US CDC Current Update of Ebola]

Sunday, August 17, 2014

Pharmacies Turn Drugs Into Profits, Pitting Insurers vs. Compounders

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



It may be the biggest thing in diaper rash treatment, a custom-made product to soothe a baby’s bottom at the eye-popping price of $1,600.
This is no Desitin or Balmex, or any other brand found in stores. This cream is blended to order in a pharmacist’s lab.
Does it work better than the common treatments? There is little evidence either way. But the sky-high prices commanded by such compounded medicines are drawing the ire of health insurance companies that must pick up the bill. They say the industry is profiteering at their expense.
Compounded medicines are the Savile Row suits of the pharmacy, made to order when common treatments will not suffice. Pharmacists say it is the doctors who decide what to prescribe. But many pharmacies have standard formulations and some promise six-figure incomes to sales representatives who call on doctors.
Besides the $1,600 ointment to treat diaper rash, there was the $8,500 cream to reduce scarring and the $2,300 salve to relieve pain recently billed to Catamaran, a pharmacy benefits manager. Alarmed that its spending on compounded drugs has quintupled in just two years, Catamaran has begun to review such claims more carefully.


Pharmacy benefit managers owned by UnitedHealth and Blue Cross and Blue Shield plans are also reining in spending on compounded drugs, as are insurers like Harvard Pilgrim and various state workers’ compensation plans.
Express Scripts, the largest pharmacy benefits manager, has said it will stop...
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