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

Monday, November 17, 2014

Longtime Massey Energy CEO Don Blankenship indicted

Today's post is shared from wvgazette.com/
Don Blankenship, the longtime chief executive officer of Massey Energy, was indicted Thursday on charges that he orchestrated the routine violation of key federal mine safety rules at the company’s Upper Big Branch Mine prior to an April 2010 explosion that killed 29 miners.
A federal grand jury in Charleston charged Blankenship with conspiring to cause willful violations of ventilation requirements and coal-dust control rules — meant to prevent deadly mine blasts —during a 15-month period prior to the worst coal-mining disaster in a generation.
The four-count indictment, filed in U.S. District Court, also alleges that Blankenship led a conspiracy to cover up mine safety violations and hinder federal enforcement efforts by providing advance warning of government inspections.
“Blankenship knew that UBB was committing hundreds of safety-law violations every year and that he had the ability to prevent most of the violations that UBB was committing,” the indictment states. “Yet he fostered and participated in an understanding that perpetuated UBB’s practice of routine safety violations, in order to produce more coal, avoid the costs of following safety laws, and make more money.”
The indictment also alleges that, after the...
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Toyota to Recall Nearly 362,000 Vehicles, Including Camry


A 2015 Toyota Camry XSE at the Toyota Technical Center in Saline, MI on Oct 23, 2014.

Today's post is shared from http://online.wsj.com/
TOKYO— Toyota Motor Corp. will recall around 361,800 vehicles world-wide including the Camry sedan, mostly in Japan and Europe, the auto maker said Wednesday.
Toyota, which is recalling the vehicles for three separate defects, hasn’t received any reports of crashes or injuries related to the glitches, spokeswoman Kayo Doi said in an email.
Toyota is recalling about 170,000 Camrys—including 120,000 in Europe and around 60 in the U.S.—made between March 2011 and August 2014—over faulty ball joints that may have been damaged during shipment, she said. The defect could lead to drivers losing control of the vehicles. Toyota will replace the ball joint with a new one if necessary, she said.
Toyota is also recalling around 105,800 vehicles, including certain Hiace vans, mostly in Japan, over a fuel pipe defect. It is recalling approximately 86,000 Crown and Crown Majesta vehicles in Japan over a seat belt glitch.
Toyota declined to disclose the costs associated with the recalls.
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Walmart workers plan Black Friday protests over wages

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

CHICAGO (Reuters) - A group of Walmart employees pushing for higher wages said on Friday they were planning protests at 1,600 Walmart stores nationwide on Black Friday, the biggest shopping day of the year in the United States.
The labor group, Our Walmart, said it had protested 1,200 to 1,400 Walmart stores last year on Black Friday, the day after the Thanksgiving holiday.
Wal-Mart Stores Inc, owner of Walmart brand stores, and the largest private employer in the United States, has been a target for activists in the contentious national debate over proposals to raise the minimum wage.
The announcement comes a day after police arrested 23 people outside a Los Angeles-area Walmart protesting what they say are the company's low wages and its retaliation against employees who pushed for better working conditions.
The arrests on Thursday followed several hours of protest by a number of Walmart workers in California, according to Our Walmart and The United Food and Commercial Workers International Union, or UFCW.
About 30 workers entered a Walmart store in the Crenshaw neighborhood of Los Angeles on Thursday morning and held a sit-down protest for two hours, UFCW spokesman Marc Goumbri said.
The workers then protested at a Walmart store in Pico Rivera in eastern Los Angeles where the arrests eventually took place.
"Over the last year, Walmart workers have pressured Walmart to change its pregnancy policy, provide access to more hours and most recently to pledge to phase out its...
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WATCH: Whither the Movement? The Future of American Labor Unions

Today's post was shared by Steven Greenhouse and comes from politics.uchicago.edu
Are America’s labor unions relevant? Today union membership stands at 11% of wage and salary workers, a drop of nearly 9 percent over the past 30 years. But according to the Bureau of Labor Statistics, workers who join unions on average make nearly $200 more weekly than those who do not. So, why are membership rates dropping and what can union leadership do to reverse these trends?Watch leaders from some of the nation’s largest labor unions explore the future of the labor movement, the role of labor unions in modern American politics, and the impact of right-to-work laws, political endorsements, and stalled legislation such as the Employee Free Choice Act on their membership.

Panelists Include: American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) President Richard Trumka, United Steelworkers (USW) International President Leo Gerard, and former Treasurer-Secretary of Service Employees International Union (SEIU) Eliseo Medina. Moderated by Steve Greenhouse, Labor Reporter for the New York Times.


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Sunday, November 16, 2014

The GM Compensation Process - An Inside View

Alternative victim compensation programs have emerged to expedite resolution of disputes. Today's post is shared from nytimes.com 

WASHINGTON — If this Monday is like almost every other one this fall, the death toll from General Motors’ defective ignition switch will rise.

Inside a hushed suite of law offices here, 500 miles away from the automaker’s Detroit headquarters, the victim-compensation team led by Kenneth R. Feinberg will post its weekly update of the number of death and injury claims it has found to be eligible for payment by the automaker. G.M. is Mr. Feinberg’s client, paying him for his work, and weighing in behind the scenes on dozens of cases. But Mr. Feinberg has already identified well more than twice as many deaths from the defective switch than the company did — 32 instead of 13 — and is on pace to pinpoint many more

It is an unusual process, intended to show the company living up to its “civic duty” to help victims, as its chief executive, Mary T. Barra, has put it, while also sparing the automaker long and costly lawsuits. But in giving Mr. Feinberg sole discretion to determine who the victims are and how much money they should receive, G.M. could end up paying more money to more people than the courts would have allowed.

The review process is confidential, but recently, Mr. Feinberg and his deputy, Camille Biros, agreed to provide The New York Times with a glimpse of how they evaluate claims. They answered questions, allowed a reporter into the windowless conference room of Mr. Feinberg’s law offices where they make the final decisions and showed a handful of claims, with names and additional details concealed to protect claimants’ identities.

….
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.

Saturday, November 15, 2014

Protecting Workers from being Destroyed by the Work Schedule

Today’s post comes from guest author Paul J. McAndrew, Jr., from Paul McAndrew Law Firm.

I wrote the post below as an editorial in the Iowa City Press-Citizen. Because The Scheudles That Work Act is of national importance I want to make sure this issue receives the attention that it deserves by promoting awareness of it as broadly as possible. I hope you’ll take the time to read my editorial and pass it along to concerned citizens in your area.


Workers deserve some certainty in their work schedules. Why? Because we all have need to plan for child care, time for school, transportation, or simply time to pay bills and manage the household. It’s basic fairness.

But don’t you, a friend or an acquaintance work a job with unpredictable and irregular work schedules? You’ve probably noticed that irregular and on-call scheduling are increasingly common. It’s especially common in the fastest-growing areas of our economy—- cleaning, janitorial, retail and restaurant work.

These scheduling practices can devastate the worker and her/his family. The practices demand the worker choose between his job or his family. They often lead to the worker being fired.

Vermont and San Francisco have already passed laws to help employers and workers avoid this devastation.

Senator Tom Harkin has now proposed The Schedules That Work Act to help workers balancework duties with family duties. The Act helps both workers and employers by:
Protecting all employees from retaliation for requesting a more flexible, predictable or stable schedule.

Creating a process under which an employer considers a worker’s schedule request in a way that’s sensitive to the needs of the worker and her/his family. For example, schedule requests based on caregiving duties, health conditions, pursuing education or the need to meet the demands of a second job, must be granted, unless the employer has a good business reason for denying it.

Compensating retail, food service, and cleaning workers for at least four hours of work if an employee reports to work when scheduled for at least four hours but is sent home early.

Providing that retail, food service, and cleaning employees receive work schedules at least two weeks in advance. Though schedules may later be changed, one hour’s worth of extra pay is required for schedules changed with less than twenty-four (24) hours’ notice.

Providing workers an extra hour of pay if scheduled to work split shifts or non-consecutive shifts, within a single day.

Kudos to Senator Harkin! Some politicians and billionaire-driven PACs parrot “Iowa values” as a campaign slogan. Senator Harkin, on the contrary, uses those values to create legislation like the ADA and The Schedules That Work Act.

Friday, November 14, 2014

BLS Issues Correction on Non-Fatal Occupational Injuries and Illnesses

BLS issued a notice on October 9, 2014, alerting users that incorrect national-level estimates of nonfatal occupational injuries and illnesses among private-sector industries were published for the Survey of Occupational Injuries and Illnesses (SOII) for reference years 2011 and 2012. Corrected data for the 2011 and 2012 reference periods from SOII are now available at http://www.bls.gov/iif/#data.

With the discovery of this error, BLS rescheduled the Occupational Injuries and Illnesses, 2013 release, to December 4, 2014. BLS also rescheduled the Nonfatal Occupational Injuries and Illnesses Requiring Days Away From Work, 2013 release to December 16, 2014. The BLS release calendar reflects the new release dates.

For more information on this correction, please visit http://www.bls.gov/bls/errata/iif_errata_1014.htm.

System Fails to Provide Appropriate Care for Non-Catastrophic Injuries

Todays post is authored by Melissa Brown* of the California Bar.

The October issue of the American Journal of Industrial Medicine confirms what our clients have been experiencing since the California legislature began “reforming” medical treatment access in 2003: the system fails to provide appropriate care for non-catastrophic injuries. (See Franklin, G., et al., “Workers’ Compensation: Poor Quality Health Care and the Growing Disability Problem in the United States,” American Journal of Industrial Medicine, October 2014). The reforms, which include reliance on “evidence-based” medicine and utilization review, often results in increased permanent disabilities and a shift of compensation to Social Security, Medicare and other state and federal disability systems.

The authors note a 75% increase in those receiving Social Security Disability benefits for working age people during the period 2000 and 2012. The basis of the inability to work has shifted from cardiovascular to musculoskeletal, arguably injuries that could have been prevented with safer work practices.

Our experience at Fraulob, Brown, Gowen & Snapp is consistent with these findings. Just today, one of our client’s reported that the expert medical evaluator in his case, agreed to by the insurance company, advised him that had his neck surgery been approved when his doctor requested, rather than going through the utilization review process, he would have had less residual disability. This of course does not even address the pain and suffering he endured waiting for approval; pain and suffering which is not paid by workers’ compensation.

The only way to change this system is through legislation. Which means that people need to vote and need to make it their mission to contact their legislators and the governor with their horror stories.

.....
*Melissa C. Brown is a frequent lecturer at legal conventions and seminars. Ms. Brown has been recognized in America’s Top Attorneys for over 20 years. She has studied Mediation at the World Intellectual Property Organization in Geneva, Switzerland.

Ms. Brown is a certified specialist in Workers’ Compensation as well as a national expert on Social Security Disability , Elder Law, Health Care Planning and decision-making. She is a law professor and published author.

Her practice includes serving as a court appointed and agreed upon Arbitrator for Workers’ Compensation matters. Her legal treatise, Advising the Elderly or Disabled Client, is utilized by law schools throughout America as well as Elder Law, Disability and Personal Injury attorneys. She been retained as an expert witness by the NFL Players association regarding compensation for brain and other serious injuries sustained by professional athletes.

Thursday, November 13, 2014

MEDICAL PAYMENTS PER CLAIM IN FLORIDA WERE TYPICAL OF STUDY STATES AND GREW AT A MODERATE RATE FROM 2007 TO 2012, SAYS NEW STUDY


CAMBRIDGE, MA, November 12, 2014  Medical payments per claim in Florida were typical of the 16 study states and grew moderately over the study period. The WCRI report, CompScope™ Medical Benchmarks for Florida, 15th Edition, said the average cost of a Florida claim with more than seven days of lost time that occurred in 2012 was $11,519, fairly close to the 16-state median at $12,167.  
From 2007 to 2012, medical payments per claim in Florida grew 2.9 percent per year, less than the median growth of the 16 states WCRI studied, 4.5 percent.  
Hospital outpatient care was used less frequently in Florida compared to other study states. Both the percentage of claims with hospital outpatient services and the average number of visits per claim billed by hospital outpatient providers were among the lowest of the 16 states. However, for claims receiving hospital outpatient care, the average payment per service of Florida’s hospital outpatient services was higher than any other study state, 60 percent higher than the 16-state median.  
While the average payment per outpatient service was the highest of all states, the number of outpatient services performed per claim was the lowest. The two measures largely offset, giving an average hospital outpatient cost per claim near the 16-state median.  
WCRI observed that the average payment per service for hospital outpatient services in Florida grew rapidly at 7.5 percent per year from 2007 to 2012. This trend may be related to some features in the percent-of-charge-based fee schedule in the state. For example, the average payment per service for hospital outpatient operating rooms grew 12 percent per year over the study period, closely following the increase of 13 percent per year in charges per service. 
Among other major findings:
  • Florida had higher percentages of outpatient shoulder and knee surgeries done in ambulatory surgery centers (ASCs), and the average ASC payment per episode for those surgeries was in the middle group of study states.
  • Prices paid for professional services in Florida were among the lowest of the study states, while utilization of nonhospital care was relatively higher. Both metrics remained fairly stable over the study period.
The Cambridge-based WCRI is recognized as a leader in providing high-quality, objective information about public policy issues involving workers' compensation systems. 
Click on the following link to purchase a copy of this study:http://www.wcrinet.org/result/csmed15_FL_result.html

Wednesday, November 12, 2014

John Burton Reports That The Workers Compensation Insurance Industry Underwriting Results Continue to Improve in 2013

The current issue of the Workers’ Compensation Resources Research Report examines the profitability of the workers’ compensation insurance industry in 2013 as reported by A.M. Best. The operating ratio, which is the most comprehensive measure of underwriting results because it considers investment income, decreased from 93.7 in 2012 to 82.9 in 2013.. An operating ratio of less than 100 indicates that the workers’ compensation insurance industry is profitable, and thus the industry was profitable in 2013. The operating ratio of 82.9 in 2013 means the industry earned $17.10 of profits for every $100 of net premiums. Since 1993, the workers’ compensation insurance industry has been profitable in 17 of the 20 years – all but 2001, 2002, and 2011.

This issue provides for the first time information on profitability of the workers’ compensation insurance industry at the state level relying on data from the National Association of Insurance Commissioners. Of the eight states examined in the article, only two had underwriting profits (combined ratios were less than 100), but in six of these states, workers’ compensation carriers had profits after investment income was included.


Download an order form for Issue 8 of the WCRRR here.
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*John F. Burton, Jr. is Professor Emeritus in the School of Management and Labor Relations (SMLR) at Rutgers University and Professor Emeritus in the School of Industrial and Labor Relations at Cornell University. He is a Member of the Study Panel on National Data on Workers’ Compensation of the National Academy of Social Insurance (NASI). Burton previously served as Dean of SMLR and as a faculty member at Cornell University and the University of Chicago. He has a law degree and a Ph.D. in Economics from the University of Michigan.

Thursday, November 6, 2014

FL Supreme Court to Hear Fee Cap Case

Today's post is shared from saintpetersblog.com/

"The Florida Supreme Court will hear oral arguments in a case today that asks the justices to decide whether the fee caps in the state’s workers compensation laws are legal.

"The high-profile case is Castellanos v. Next Door Company and it is slated to be heard at 9 a.m. in the Supreme Court building in Tallahassee.

"In the case before the court, attorney Mark A. Touby was awarded $164.54 in attorneys fees for helping Marvin Castellanos obtain $822.70 in benefits that the employer carrier initially denied. A Judge of Compensation Claims noted that the attorney was skilled and that the case required nearly 107 hours of work. The fees translated to $1.53 per hour.

Click here to read the entire article.

Since 1997 the Florida Supreme Court has worked with WFSU-TV to televise, record and archive oral argument proceedings. They are made available to the public through this web site, free of charge. Interested parties may also view live oral argument proceedings via this video portal. For a schedule of when the supreme court is in session and to view the current month's oral argument summaries, please visit:

Uncertainty Continues to Dominate the California System

Today's post is shared from David DePaola, After practicing workers' compensation law for nearly 18 years, he founded and grew WorkCompCentral, a respected news and education service in the workers' compensation industry. David discussed a most critical and continuing problem, the delivery of medical care, a continuing experiment in California that continues to remain unsolved.
David DePaola


"The unanswered question is how much was saved by denying unnecessary medical care," the WorkCompCentral story this morning queries, stating that Greg Johnson, director of medical analytics for WCIRB, said the WCIRB simply can't answer that question.

"Honestly, there's no way the WCIRB will ever be able to answer that question because it is not germane to IMR filings - we don't really know that IMR is denying unnecessary medical care. We only know that IMR is upholding Utilization Review denials, which may, or anecdotally more often than we admit, may not, be about appropriate care.

"As I mentioned before, the anecdotal evidence suggests that UR is being used too often for cost containment rather than directing care. And frankly the amount of time it takes to get through a couple of UR denials and appeals, and then IMR review, denial and appeal, is incentive enough not to push for any particular treatment request - it's easier just to go to a general health doctor to get treatment for an ailment of "unknown origin."

Click here to read the entire article.

Read more about California and "workers' compensation:"
Oct 28, 2014
The union's call – and a rebuttal from the California Hospital Association – came as Brown met privately with nurses, public health officials and medical providers to discuss Ebola. Though there are no known cases of Ebola in ...
Oct 18, 2014
California Prop. 46, Inspired By Tragedy, Pits Doctors Against Lawyers. Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org. This story is part of a partnership that includes KQED, NPR ...
Aug 18, 2014
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 ...
Aug 21, 2014
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.

Obama seeks billions for Ebola battle as cases keep piling up

Federal costs continue to escalate in the war against Ebola. Today's post is shared from
Lisa Schnirring, News Reporter, CIDRAP News cidrap.umn.edu
Lisa Schnirring


"The Obama administration today asked Congress for $6.18 billion in emergency funds this fiscal year to fight Ebola in West Africa and the United States, as African health ministers elected a new World Health Organization (WHO) regional leader, a position key to the outbreak response that recently came under sharp criticism.

"President Barack Obama's request comes a day after the midterm elections, as well as an Ebola briefing yesterday with cabinet members and other top officials involved in the US response.

"In an update on the epidemic today, the WHO said Ebola activity is still persistent and widespread in all three of the hardest-hit countries, calling the situation in Sierra Leone "very concerning," with intense transmission in the capital, Freetown, and a handful of the country's western districts.

Click here to rad the entire post.

Florida Claimant Attorneys Fees Decreased in 2013-14

Today's post is shared from The Hon. David Langham, the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings and is reported at http://flojcc.blogspot.com/

Judge David Langham

"There is news coming in the Office of Judges of Compensation Claims 2014 Annual Report. One of the data points that sometimes stimulates conversations is the attorney fee volumes. The report will provide details of the attorney fees paid in Florida workers' compensation on both sides of the table in 2014.

"The defense fees will be featured in a future blog post. The 2014 OJCC analysis revealed a data flaw in defense fee reporting, which may cause significant discussions around the Florida marketplace in weeks to come. That is for another day however.

"The claimant fees in Florida are memorialized with each Motion for Approval of Attorneys' Fees and Child Support Allocation and Stipulation for Attorneys Fees, andOrder Awarding Attorney Fees entered throughout the state. These motions and orders are processed by the OJCC district staff and attorney fee and cost data is contemporaneously captured in the OJCC database.

"The process of capturing this data used to be far more paper-dependent. Figures were documented by district staff in periodic summaries that were mailed to Tallahassee and manually compiled. We have come a long way in the area of data collection.

"For the sake of historical perspective, each Annual Report provides data for several years. In 2002-03 about $210,660,738 was paid in attorney's fees for representing injured workers in Florida.

"Over the last 11 years, the payments to claimant's counsel have decreased with reasonable regularity. There was one year, 2003-04 when claimant fees increased some (2.21%), and there was one year, 2012-13, when the decrease was minimal (-.63%). But the overall trend has nonetheless been downward.

"In 2013-14, the total was $141,858,184. Claimant fees were paid in 34,518 instances last year. The average fee was $4,109.69; that is when the total of $141,858.184 is divided by 34,518, the result is $4,109.69.

Wednesday, November 5, 2014

Who had the worst week in Washington? New Jersey Gov. Chris Christie.

Shared from the washingtonpost.com/
Last April NJ Gov Chris Christie said that he was going to announce a plan to reform NJ Workers' Compensation. He never did. Will that be part of his new potical agenda that keeps moving forward on a very bumpy road? It is apparent that he will need to grab a new issue but what will it be? Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com


Chris CillizzaChris Cillizza

There’s such a thing as acting presidential. And then there’s Chris Christie over the past week.
Christie (R) kicked things off with a public back-and-forth with Kaci Hickox, a nurse from Maine who was quarantined in New Jersey after spending time in West Africa treating patients with Ebola.
Christie insisted that it was an appropriate response because Hickox “was running a high fever and was symptomatic.” Hickox said she was flushed, but never febrile or sick. After Hickox tested negative for Ebola, she was released Monday and sent home to Maine. She threatened to sue over her weekend in quarantine, a move that prompted this gem from Christie: “Whatever. Get in line. I’ve been sued lots of times before.”
At an event in Belmar, N.J., marking two years since Hurricane Sandy pummeled the East Coast, Gov. Chris Christie (R) let loose on a protester heckling him from the crowd. (American Bridge 21st Century via YouTube)
He was just getting started. On Wednesday, Christie was in Belmar, N.J., to commemorate the two-year anniversary of Hurricane Sandy. His speech was interrupted by a man named Jim Keady, a former member of the Asbury Park City Council, who was urging Christie to get Sandy relief money to affected families faster.
It quickly became apparent that neither Christie nor Keady was going to back down. As Keady yelled without a microphone, the governor yelled with one. “Somebody like you doesn’t know a damn...
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Braced for a Shift in Congress, Obama Is Setting a New Agenda

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



WASHINGTON — Whipsawed by events and facing another midterm electoral defeat, President Obama has directed his team to forge a policy agenda to regain momentum for his final two years in office even as some advisers urge that he rethink the way he governs.
Without waiting for results from elections on Tuesday that few in the White House expect to go well for Mr. Obama, top aides have met for weeks to plot the final quarter of his presidency. Anticipating a less friendly Congress, they are mapping possible compromises with Republicans to expand trade, overhaul taxes and build roads and bridges.
For a president who has lost public support and largely failed to move his agenda on Capitol Hill since winning re-election two years ago, there may be little hope for significant progress if Republicans capture the Senate and add to their House majority. But if Republicans are fully in charge of Congress rather than mainly an opposition party, both sides may have an incentive to strike deals, at least during a short window before the 2016 presidential campaign consumes Washington.
With or without partners on Capitol Hill, Mr. Obama will continue to exercise his executive authority to advance Democratic policies on climate change, immigration, energy, gay rights and economic issues, aides said. The president, in fact, may announce quickly after the election a unilateral overhaul of immigration rules to make it easier for millions who are in the country illegally to stay. And, of...
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Exit Polls: Heathcare Law - Dems not far enough yet (NY Times)


Florida: Legalizing Marijuana Fails to Pass

Amendment 2

Amend Constitution to legalize medical marijuana?
ANSWERVOTESPCT.
No2,472,540 42.4%
Yes3,355,435 57.6
100% reporting

California: Drug Testing of Doctors Fails to Pass

Proposition 46
Require hospitals to administer drug and alcohol tests for certain doctors, and raise the cap on medical negligence damages to $1.1 million?
ANSWER VOTES PCT.
No 3,307,914 67.2%
Yes 1,612,654 32.8
95% reporting

Florida’s Workers Compensation Insurance on Verge of Changes



florida-workers-compensation-insuranceToday's post is shared from nerwallet.com/
Getting badly hurt at work is a huge setback for anyone – and you shouldn’t have to deal with it alone. That’s the idea behind workers compensation, a type of insurance required for most employers that provides injured employees medical care and wage loss benefits, generally in exchange for their right to sue.
Guaranteed benefits can be a huge weight off employees’ mindsthat is, if the benefits are good. Workers advocates in Florida charge that business-friendly legislation has chipped away at the state’s workers comp system for years, leaving employees with inadequate support and no recourse in the courts – and some judges agree. A recent circuit court ruling declared the system unconstitutional. Now business leaders worry that workers comp premiums will soar.
Can Florida balance the needs of businesses and their employees?
In 1968, Florida made workers comp the “exclusive remedy” for all employee injuries. No employee could seek damages in the civil system. Many other states have similar rules.
To protect workers, Florida also created a generous system of benefits, including lifetime benefits for permanent total disability. The only problem? The workers comp premiums employers needed to pay to support the system were unreasonable, according to some insurers and business leaders. By most surveys, Florida’s were among the highest in the country.
Florida...
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