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

Saturday, January 17, 2015

California: WCIRB Report Shows Continued Increase in Claim Frequency

The WCIRB has released an update to its Analysis of Changes in Indemnity Claim Frequency report which was originally published in 2012 and last updated in December 2013. In prior reports, WCIRB researchers explored potential causes for the increases in claim frequency in California that have persisted since 2010 and that differ from the claim frequency experience of other states.

Prior frequency reports have identified a number of factors influencing claim frequency including increases in cumulative injury claims, increases in smaller non-cumulative injury claims that may have been reported as medical-only in the past, increases in the proportion of indemnity claims relative to total claims, and increases in late-reported indemnity claims and the proportion of medical-only claims that later transition to indemnity.

In this latest update, WCIRB researchers studied the influencing factors driving recent claim frequency based on the most up-to-date data available. The WCIRB’s principal findings include:

  • Unlike in most other states over the last several years, California indemnity claim frequency has continued to increase as WCIRB data currently indicates increases of 3.2%, 3.9% and 0.9% in 2012, 2013, and 2014, respectively. 
  • The number of late reported indemnity claims continues to increase, whereas the percentage of medical only claims reported after 18 months has generally remained stable since 2007. 
  • The level of cumulative injury claims has continued to increase. Approximately 13% of indemnity claims are estimated to involve a cumulative injury in 2013 compared to approximately 8% in the 2005 to 2007 period. 
  • The growth in cumulative injury claims beginning in 2009 has been concentrated in claims involving more serious injuries and multiple injured body parts. Both the proportion of cumulative injury claims involving indemnity benefits and the proportion involving injuries to multiple body parts have increased significantly since 2010. 
Based on WCIRB surveys of cumulative injury claims, both the proportion of cumulative injury claims involving multiple insurers and the proportion involving attorney representation has increased in recent years. In addition, approximately two-thirds of surveyed claims were initially denied in part or in whole by the insurer and approximately 40% of claims, despite long-standing statutory limitation on the compensability of post-termination claims, were reported post-termination.

Shifts to a less hazardous composition of industries in California (“industrial mix”) have historically driven claim frequency downward. The recent economic recovery in higher hazard industries such as construction and manufacturing has had the opposite impact. In 2013, rather than dampening claim frequency, shifting industrial mix is increasing claim frequency by approximately 1%.

The 2010 increase in frequency was greatest in industries that were most impacted by the recession (e.g. construction and real estate). Since 2010, relativities for higher-frequency industries such as agriculture, construction, and entertainment have increased while those for the lower-frequency industries such as real estate, professional services, and finance have declined.

The 2010 indemnity claim frequency increase was generally experienced across all California regions. Since that time, the increases have been concentrated in the Los Angeles area. Indemnity claim frequency increased an estimated 9% in the Los Angeles Basin region from 2010 to 2013 while, similar to the pattern shown in many other states, other California regions showed modest declines. By comparison, indemnity claim frequency in the Bay Area declined by 7% over the same period. The Los Angeles area also has experienced significantly higher numbers of cumulative injury claims and claims involving multiple body parts than other regions of California.

As the economy recovers, newer workers enter the system and are often more likely to be injured on the job than more experienced workers. The proportion of injured workers with less than 2 years of experience at their current job has grown by 8% from 2010 to 2014, suggesting the economic recovery is a significant driver of recent claim frequency increases.

The full Analysis of Changes in Indemnity Claim Frequency—January 2015 Update Report is available in the Research and Analysis section of the WCIRB website.

Friday, January 16, 2015

Breast Cancer and Occupational Hazards: A Time For Action

Breast cancer is a major disease that impacts for females and males. Historically research into the causal relationship of workplace hazards have been lacking and the disease continues to result in illness and death to workers and their families. Prevention and treatment have largely been ignored as the pharmaceutical industry continues to offer palliative care. Today's post discusses the immediate need to expand research into the association of occupational hazards with disease. Today's post is shared from tuc.org.uk and apha.org.

"Breast cancer is the most prevalent cancer among women in the United States and other countries, making it a major public health concern. Despite significant scientific evidence about its known or suspected causes, research and prevention measures to identify and eliminate occupational and other environmental hazards and risk factors for breast cancer remain largely overlooked. As a result, hazards continue unabated for women generally, especially those who work outside the home. The science linking breast cancer and occupation in particular is growing. Researchers have identified commonly used chemicals that induce breast tumors in test animals. Animal studies link chemicals that mimic reproductive hormones to elevated breast cancer rates. Other animal and human studies link chemical exposures to increased breast cancer rates, including two recent investigations focused on occupational hazards. But the latter are the exception. Studies that attempt to identify and characterize workplace agents linked to breast cancer, as well as intervention studies focusing on the use of less toxic processes and substances, are limited. In what might be construed as a case of gender and social class bias, many research and funding agencies have ignored or downplayed the role of occupational studies despite their relevance to prevention efforts. Action required starts with making a national priority of promoting and supporting research on occupational and other environmental causes of breast cancer. Other public health actions include hazard surveillance and primary prevention activities such as reductions in the use of toxic materials, informed substitution, and green chemistry efforts."




Click here to read the complete article.

Thursday, January 15, 2015

Scott Walker and Right to Work

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


Wisconsin Gov. Scott Walker
Wisconsin Gov. Scott Walker Associated Press

Today's post is shared from wsj.com/ One can only wonder what a Conservative anti-labor Governor would do to change the national patchwork of workers' compensation programs, especially if supported by a conservative majority in both house of Congress and a modification of the filibuster rule.

Scott Walker is heading to Iowa this month as part of his consideration of a run for the White House, but in the meantime he’s starting a second term as Governor in which he presumably wants to accomplish something. So it’s unfortunate that he’s ducking a chance to make Wisconsin the country’s 25th right-to-work state.
At his second inauguration last week, Mr. Walker told voters that prosperity comes “from empowering people to control their own lives and their own destinies through the dignity born from work.” In the Badger State, he added, “we understand people create jobs, not the government.”
He’s right, which makes it that much stranger to watch Mr. Walker dodging the right-to-work challenge. In December, after Wisconsin Senate majority leader Scott Fitzgerald said he was interested in taking up a right-to-work bill, the Governor called it a “distraction.” Then he told WKOW-TV “Capitol City Sunday” that despite the chatter about right-to-work momentum, “there’s a lot of things that are going to keep the legislature preoccupied for a while,” like taxes and education.
That may be, but Wisconsin needs an economic lift and right to work can help. Big Labor spins right to work as radical, but it merely gives workers a choice to join a union. Many workers decide to drop their union affiliation once government coercion is repealed,...
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Read more about "Scott Walker":
Scott Walker: I Don't Think Minimum Wage 'Serves A Purpose'
Oct 16, 2014
"Well I'm not going to repeal it but I don't think it serves a purpose because we're debating then about what the lowest levels are at," Walker said during a televised interview with the Milwaukee Journal-Sentinel. "I want people .../

Workers' Compensation: Scott Walker targeted in fall union ...
Sep 14, 2014
“We have a score to settle with Scott Walker,” Lee Saunders, president of the American Federation of State, County and Municipal Employees, said in his first interview about the union's midterm strategy. “He took collective ...


Aetna Sets Wage Floor: $16 an Hour

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



Amid signs of a tightening labor market, Aetna Inc. plans to boost the incomes of its lowest-paid workers by as much as a third in a bid to draw top prospects and reduce turnover.

The move by the big health insurer highlights larger debates over the pace of the economic recovery and the compensation of people toward the bottom of the wage scale. Around 12% of Aetna’s domestic work force will see a raise to a floor of $16 an hour, primarily employees in customer service and billing-related jobs. Aetna, which also said it will cut health-care costs for many of the same employees next year, follows Gap Inc., Starbucks Corp. and others in raising the lower limit on workers’ wages.

Aetna Chief Executive Mark T. Bertolini said the company’s shift reflects changes in the insurance industry, which is increasingly selling coverage to individuals. “We’re preparing our company for a future where we’re going to have a much more consumer-oriented business,” he said, and Aetna wants “a better and more informed work force.”

Economists and policy makers have been on the lookout for signs of growth in workers’ pay, which has lagged behind other markers of improved economic activity, including rising employment and economic output. While many economists say wage inflation remains a remote...


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Budgets and Flying IMC

Today's post was shared by CAAA and comes from daviddepaolo.blogspot.com

Sunday was a great flight to go see Mom.
The second of two troughs of low pressure was making its way through Southern California bringing steady rain, low overcast, mist, low visibility, no icing threat below 9,000 feet, no forecast turbulence - all the makings for a great Instrument Meteorological Conditions instrument flight.
In Southern California, IMC flight is a rarity, so I relish every chance I can get to go do "actual" instrument flight. Not the fake stuff where you have a safety pilot or an instructor, but the real deal where you really can't see, and really must pay attention, and really must be "on your game" because the consequences of failure are catastrophic.
In congested air space, such as Southern California with a couple of Class Bravo sectors, numerous Class Charlie zones and untold Class Delta spaces, the Federal Aviation Administration has established Terminal En-route Clearances. These are basically pre-approved instrument flight plans. All a pilot need do is call up Air Traffic Control on the ground to get a clearance - no filing of plans an hour before take off - and the route is well established and published.
The TEC system is custom made for missions such as mine: getting down south to see Mom on a day when the weather keeps most pilots on the ground.
And so off I went, into the wild grey yonder!
It was an impeccably precise flight. Everything was perfect: my on course tracking, altitude assignments, standard rate turns, engine...
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Supreme Court Battle Brewing Over Medicaid Fees

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

PALM BEACH GARDENS, Fla. — Rita Gorenflo’s 7-year-old son Nathaniel was in severe pain from a sinus infection.

But since the boy was covered by Medicaid, she couldn’t immediately find a specialist willing to see him. After days of calling, she was finally able to get Nathaniel an appointment nearly a week later near their South Florida home. That was in 2005.

Last month, ruling in a lawsuit brought by the state’s pediatricians and patient advocacy groups, a federal district judge in Miami determined Nathaniel’s wait was “unreasonable” and that Florida’s Medicaid program was failing him and nearly 2 million other children by not paying enough money to doctors and dentists to ensure the kids have adequate access to care.

The Florida case is the latest effort to get federal judges to force states to increase Medicaid provider payment rates for the state and federal program that covers about 70 million low-income Americans. In the past two decades, similar cases have been filed in numerous states, including California, Illinois, Massachusetts, Oklahoma, Texas and the District of Columbia– with many resulting in higher pay.





But while providers and patient advocates nationwide hailed the Florida decision, they are deeply worried about a U.S. Supreme Court case that they say could restrict their ability across the country to seek judicial relief from low Medicaid reimbursement rates.

The high court on Jan. 20 will hear...


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EPA unveils first methane regulations




Are the proposed methane regulations string enough to protect the environment and public health from radiation exposure and global warming? Environmentalists think not. Today's post is shared from hillcom/

The Obama administration on Wednesday unveiled first-ever regulations targeting methane emissions from industrial sources directly, setting the stage, experts say, for future action to rein in the greenhouse gas.
The standards, which will be proposed by the Environmental Protection Agency this summer, are one piece of a larger effort that the administration says will help it to achieve its new goal to slash methane emissions from the oil and gas sector by 45 percent.
The 2025 reduction target will be based on 2012 levels, the White House said.
Experts say that while the initial actions announced by the administration aren’t enough to reach the 45 percent target by 2025, the move is “significant.”
Methane, the primary component of natural gas, is an extremely potent greenhouse gas with 25 times the warming potential of carbon dioxide over a 100-year time period.
Jessika Trancik, assistant professor at MIT, said one “critical” missing component from the pending proposal is language targeting methane emissions from existing wells, equipment and the like in oil and gas operations.
Wednesday’s actions include two main regulations that the EPA and Interior Department will propose, which target methane from new and modified oil and gas wells and equipment responsible for venting and flaring on public lands.
Trancik said a concern shared among scientists and researchers is that the 40 percent to 45 percent reduction target...
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Read more about methane:
Aug 08, 2013
In an internal EPA PowerPoint presentation obtained by the Tribune/Los Angeles Times Washington Bureau, staff members warned their superiors that several wells had been contaminated with methane and substances such ...
Aug 21, 2014
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 ...
Dec 01, 2014
That history ended in November, with the indictment of Donald L. Blankenship, the chief executive whose company owned the Upper Big Branch mine near here, where an explosion of methane gas in 2010 spread like a ...
Dec 15, 2013
Such accidents are usually caused by a failure to ventilate methane gas from the shaft. Safety improvements have reduced the number of deaths in recent years, but regulations are still often ignored. The official Xinhua News ...

Healthcare-associated Infections (HAI) Progress Report

Healthcare-associated infections (HAI) are a major, yet often preventable, threat to patient safety. The National and State Healthcare-Associated Infections Progress Report expands and provides an update on previous reports detailing progress toward the ultimate goal of eliminating HAIs. Infection data in this report includes central line-associated bloodstream infections (CLABSI), catheter-associated urinary tract infections (CAUTI), select surgical site infections (SSI), hospital-onset Clostridium difficile infections (C. difficile), and hospital-onset methicillin-resistant Staphylococcus aureus (MRSA) bacteremia (bloodstream infections).

HAI Progress Report [PDF - 26 MB]

Learn more: HAI prevention activities map

The HAI Progress Report describes significant reductions reported at the national level in 2013 for nearly all infections. CLABSI and SSI show the greatest reduction, with some progress shown in reducing hospital-onset MRSA bacteremia and hospital-onset C. difficile infections. The Report shows an increase in CAUTI, signaling a strong need for additional prevention efforts.

The HAI Progress Report consists of national and state-by-state summaries of healthcare-associated infections. On the national level, the report found:
A 46 percent decrease in CLABSI between 2008 and 2013
A 19 percent decrease in SSIs related to the 10 select procedures tracked in the report between 2008 and 2013
A 6 percent increase in CAUTI between 2009 and 2013; although initial data from...


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Some 4.4 Million People Are About to Get a Raise

U.S. economy

Protesters demanding higher wages and unionization for fast food workers block traffic near Times Square on Sept. 4, 2014 in New York City.

Photographer: Andrew Burton/Getty Images

Protesters demanding higher wages and unionization for fast food workers block traffic near Times Square on Sept. 4, 2014 in New York City.

In his 2014 state of the union address, President Obama kicked off what could unofficially be dubbed the Year of the Minimum Wage. Just a year earlier, he had called for a $9 federal minimum, but there he was in early 2014, saying workers should earn at least $10.10 an hour. The shift shows how coordinated campaigns for higher wages, which started with fast-food workers and spread more broadly, raised expectations of what’s considered fair compensation.

Obama’s call to raise the federal minimum may have gone unanswered, but states and cities picked up the torch. In 2014, 13 states passed legislation or initiatives to raise the wage floor, not just in Democratic strongholds but in red states as well. Now the results of those campaigns are starting to come to fruition nationwide. About 4.4 million people will see their pay go up for the new year, according to an analysis of census data by the Economic Policy Institute (EPI), which supports higher minimum pay.

EPI’s data show that more than 750,000 workers earn the minimum wage in the 13 states that passed new raises in 2014. About two-thirds of those workers will see their wages go up on Jan. 1, and the rest will see their pay increase later in 2015. EPI estimates that in those 13...

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Wednesday, January 14, 2015

Workers' comp case traps Alabama nurse in Bakersfield for 3 years

Today's post was shared by CAAA and comes from www.bakersfieldcalifornian.com

  1. 1 of 3

    By Felix Adamo / The Californian

    Althea Hart and her husband, John Hart Sr. make their way to the conference room at the law offices of Leviton, Diaz, and Ginochio to meet with her attorney and a reporter.

    click to expand click to collapse
  2. 2 of 3

    By Felix Adamo / The Californian

    Althea Hart points to her right eye, which she says is partially blind from a fall while working at Bakersfield Memorial Hospital in 2011. She sustained other injuries as well and is still fighting for care.

    click to expand click to collapse
  3. 3 of 3

    By Felix Adamo / The Californian

    Keith Gilmetti, attorney for Althea Hart.

    click to expand click to collapse
BY COURTENAY EDELHART The Bakersfield Californian cedelhart@bakersfield.com

Alabama nurse Althea Hart didn't anticipate she'd still be in Bakersfield three years after agreeing to work here in 2011 under a 13-week contract with optional renewals.

In that time five of her relatives have died, her husband has had a heart attack and three of her five grandchildren have been growing up without their MawMaw.

Hart, 62, is, for all intents and purposes, trapped.

She's stuck because of a pending workers' compensation claim related to a 2011 fall on the job while working for Fastaff US Nursing, which supplies temporary nurses to Bakersfield Memorial Hospital, among others.

Doctors in her native Loxley, Ala., wary of red tape and low reimbursement rates, won't take a California workers' compensation case. So Hart is forced to see local doctors in...

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A Threat to Unionize, and Then Benefits Trickle In for Players

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

BOULDER, Colo. — College football has gone on a roll that would bring a giggle to the lips of King Midas.

On New Year’s Day, more than 28 million Americans watched the playoffs, and more still probably watched Ohio State’s 42-20 victory over Oregon in the championship matchup on Monday night. And, good God, that glorious cascade of cash: College conferences expect to pull in hundreds of millions of dollars; ESPN executives take daily baths in their riches; professional gamblers are beside themselves.

The coaches, those fellows in sweatpants and headsets, are experiencing a hedge fund moment as their salaries make joyful, geometric leaps upward. Jim Harbaugh experienced a down year in the N.F.L., but no worries: The University of Michigan, a public institution wrestling with budget cuts in a fiscally straitened state, recently agreed to pay him $5 million next year, with millions of dollars of incentives.

Athletic directors are paid like potentates. University presidential suites at stadiums serve lamb roast and Cristal.

What, I asked Kain Colter, to make of this glorious bacchanal?

We sit in his living room on a high plains ridge outside Boulder. A lean, athletic 22-year-old man, he has the Cowboys-Packers game on the television and workout equipment around him. He made the Vikings’ practice squad this season and hopes to join the team next season.

He also organized a players union movement at Northwestern, where he played quarterback for four years.

...

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Monday, January 12, 2015

Feds, Michigan crack down on shoddy asbestos removal


DFP asbestos (5).JPG
Joseph Goeddeke checks paper insulator backing
from where a heater once stood.
(Photo: Ryan Garza Detroit Free Press)
Today's post is shared from freep.com/

It was dark and bitterly cold inside the former Utica Trim Automotive Plant in Shelby Township when the crew showed up to remove asbestos from the abandoned factory. There was no running water, no heat, no light. Workers wore disposable suits so thin you could see through them.

Using 25-foot lifts to cut away asbestos insulation covering pipes along the ceiling, they tossed the debris to the floor as their bosses yelled "let it fly" or "let 'er rip." By day's end, they were covered with the cancer-causing dust.

Four years after that botched job, the property owner, Indiana Metal LLC of suburban Chicago, agreed this fall to pay the state penalties of $67,500. A second company, Northern Boiler and Mechanical Contractors of Muskegon, has paid the state $30,000. Federal prosecutors, who launched their own investigation, charged four men criminally and one got prison time.

The case is part of a stepped-up effort by the Michigan Department of Environmental Quality and federal prosecutors against contractors and property owners who violate the...


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Regulators Take Action Against Delinquent Mines

Today's post is shared from npr.org/

Two weeks after NPR and Mine Safety and Health News reported nearly $70 million in delinquent mine safety penalties at more than 4,000 coal and mineral mines, federal regulators suddenly revived a rare approach to enforce mines to pay.

They cited a delinquent coal mine for failing to pay $30,000 in overdue penalties and gave the mine's owner two weeks to pay. He didn't, so the Mine Safety and Health Administration (MSHA) shut down the mine. Within 40 minutes, mine officials agreed to a payment plan and the mine reopened.

It sounds like a straightforward and tough response, but it might not stand up to legal scrutiny. Federal law doesn't give MSHA the authority to shut down mines simply because they haven't paid their safety penalties. But the agency can force a mine to fix safety violations. In this case, the failure to pay penalties is considered an unfixed violation.

Response From the Mine Safety And Health Administration

The following is the agency's response to the NPR/Mine Safety and Health News series on Delinquent Mines.

Mine operators have the primary responsibility under the Mine Act to prevent the existence of unsafe and unhealthful working conditions. When they fail in their responsibility for compliance with the Act and its standards and regulations, MSHA uses the enforcement tools it has at its disposal. As a result of, and immediately after the Upper Big Branch Mine disaster, those tools now include an enhanced enforcement program to provide a more effective means...


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DuPont forming spinoff to clean up its Superfund sites in Pompton Lakes and elsewhere

Today's post is shared from northjersey.com/

The federal government is seeking damages for the pollution caused by the munitions plant DuPont operated in Pompton Lakes for decades.
The federal government is seeking damages for the pollution caused by the munitions plant DuPont operated in Pompton Lakes for decades.CHRIS PEDOTA/staff photographer

DuPont plans to create a spinoff company that would take on the environmental liability for about 190 contaminated sites across the country, including DuPont’s former munitions facility in Pompton Lakes, one of its most costly cleanup sites.

The change is not expected to slow progress on cleanups in the short term, state and federal officials said. But it raises longer-term questions about whether the move could insulate DuPont from future cleanup and natural resource damage claims, particularly if the spinoff, called the Chemours Co., developed financial problems.

DuPont said in recent filings with the Securities and Exchange Commission that the new company would be financially sound. It said the environmental liabilities for the 190 sites is estimated at nearly $300 million, including $87 million in expected cleanup costs for Pompton Lakes. Those costs are not expected to have much impact on the new company’s financial position, liquidity or ability to operate, DuPont said.

But DuPont also cautioned that “expenditures are subject to considerable uncertainty.” The company acknowledged that cleanup and other liability costs could climb to more than $1 billion.

Other spinoffs in the nation have indeed failed under the...


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Sunday, January 11, 2015

CES 2015: Quell Promises Pain Relief with New FDA-Approved Gadget



Quell
Quell is a new gadget that promises pain relief. It attaches to a user’s
calf and emits electronic signals that boost the body's opiate production.

(Photo : Business Wire)


Today's post is shared from techtime.com/

A new gadget revealed at CES 2015 promises to provide pain relief through technology. The device, dubbed Quell, attaches to the user's calf and stimulates the body's opiate production to relieve pain from various ailments.

When most people think of pain relief, they think of some sort of pill ingested internally, such as aspirin, ibuprofen, naproxen, or similar over the counter product. For more serious pain, there are prescription medicines available, but they can be highly addictive, have many serious side effects, and have a large potential for abuse.

Quell promises an external source of pain relief. The unit attaches to the user's calf, which the makers of the Quell consider a "virtual USB port," and electrodes stimulate the wearer's body to release pain-relieving opiates. The sensory nerves it stimulates send neural pulses to the brain that trigger the release of endogenous opioids, the pain-relief response that blocks pain signals in the spine. The process is called Transcutaneous Electrical Nerve Stimulation technology, also known as TENS. There are already over-the-counter TENS systems such as the one made by Icy Hot, but these are very low-powered and low-tech compared with Quell.

Quell is also much more expensive, but manufacturer NeuroMetrix, a health-care company that develops...


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Congressman Sam Farr Honors N. Michael Rucka

The late N. Michael Rucka was honored by Congressman Sam Farr in remarks before the US Congress. A tribute to the late N. Michael Rucka whose unending devotion to the cause of helping injured workers will remain a living legacy. The following appears in the Congressional Record.

N. Michael Rucka
1939-2014


IN HONOR OF N. MICHAEL RUCKA
HON. SAM FARR of California in the House of Representatives 
Monday, September 8, 2014 

 Mr. FARR. Mr. Speaker, I rise today to honor N. Michael Rucka, an important community leader whose entrepreneurial spirit, tenacity, and ethical standards enriched the lives of his family, law partners, friends, and clients. Mike was a dear friend and wonderful mentor. He was the very essence of life, compassion, generosity, and curiosity. World affairs and domestic politics were always on Mike's mind and he was never shy about sharing his thoughts with me. Mike passed away on July 28, 2014, after struggling with cancer. His passing has left a huge empty space in those of us who knew and loved him. But what we will remember the most is the way he enriched so many lives and made the Monterey Bay Area, and indeed the world, a better place.

Mike was born on October 3, 1939 in Brooklyn, New York. His parents, Nettie and Arthur, soon moved to Los Angeles and then settled in San Francisco. Mike graduated from Lowell High School before attending the University of California, Berkeley. Following his graduation from UC Berkeley and the University of San Francisco School of Law, Michael relocated to the Monterey Peninsula in the 1970s. There, he worked ambitiously alongside his friends Emmet O'Boyle, Alfred Lombardo, and J. Andrew McKenna to develop the Rucka, O'Boyle, Lombardo, and McKenna Law Firm in Salinas, California.

Mike devoted every day to representing injured parties in matters of workers compensation and Social Security disability. Mike won the Granado Case before the California Supreme Court, thus establishing the rule that temporary disability and medical treatment are not subject to apportionment. Thanks to his work, this rule has benefited all injured workers since..

He also served as the President of the California Applicant's Attorneys Association from 1975 to 1976. In 1993, Mike received the Eugene Marias Lifetime Achievement Award.

Mike was uniquely respected both in this community, throughout California, and by his peers throughout the country. In a small block of marble in his office is a short handled hoe, presented to Michael in honor of his instrumental work and help in getting the back-breaking short handled hoe banned from the agricultural fields of California. He donated his time, resources and energy to organizations that are committed to advancing the rights of injured workers and others who need a voice.

Mr. Speaker, I know I speak for the whole House in honoring Mike's lifetime of achievement and in extending our heartfelt condolences to his friends, and family members, including his wife Corry, daughter Brandy, sons Greg and Nick, and his grandchildren.

[Congressional Record Volume 160, Number 127 (Monday, September 8, 2014)] [Extensions of Remarks] [Page E1343] From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


High Compensation Medical Costs Raises Concern in New Hampshire

Medical costs now constitute a huge percentage of every workers' compensation claim. A recent editorial published in New Hampshire asserts that soaring and unequal medical costs have broken the workers' compensation system. Today's post is shared from concordmonitor.com/

Lawmakers should make 2014 the last year that doctors and other health care providers are guaranteed payment no matter how much they charge when a worker is injured on the job. The workers’ compensation system is broken.

The state, and the employers who pay into its workers’ compensation fund, have been paying two and three times the going rate for medical services when the patient is a workers’ compensation recipient. On average, surgeons charge 156 percent more, according to a report by the state’s Department of Insurance. Bills for radiology are 107 percent higher, 95 percent higher for occupational therapy and for something as simple as an ice pack, 300 percent more.

The extra paperwork required to document workers’ compensation cases and perhaps the added severity of the average injury, probably explains some of the price difference. But, human nature being what it is, it’s likely that, when the bill has to be paid no matter what the provider charges, the temptation to pad it can be irresistible, especially when providers can rationalize the surcharge by using it to offset underpayments in areas such as Medicare or Medicaid.

Saturday, January 10, 2015

New Drugs to Treat Hearing Loss and Ear Disorders

A multitude of workers have occupational hearing losses induced by either sudden trauma or prolonged occupational exposures to loud noise. Some workers have hearing losses associated with age and fail to address the issue and create a potential safety concern in the workplace. In the past many have gone undetected and/or treated.

Workers' Compensation insurance provides for benefits for hearing losses and disorders associated with both traumatic (sudden) and occupational (exposure to loud noise) hearing losses occurring in the workplace. The insurance also allows workers to obtain hearing aids, treatment and  medication(s).

Many of these conditions are not diagnosed or treated at an early stage for lack of attention. This is changing because of  recent changes in medical delivery associated with the Affordable Care Act and Medicare. The new laws will afford millions a new opportunity to be diagnosed and treated.

Recent developments in pharmaceutical medicine may allow for restoration of hearing losses as well elimination of associated tinnitus, commonly known as ringing in the ears. Today's post is shared from nytimes.com/

Friday, January 9, 2015

Florida medical marijuana and the 2016 Election Cycle

The medical marijuana initiative may have a major effect n the future of not only the nation'a presidential outcome but also of the fate of workers' compensation in the State of Florida. As goes Florida in the 2016 election cycle so probably will the nation, because of the mechanics of the National count of electoral college votes. 

The medical marijuana ballot question lost last off-year cycle because the liberal turnout was so low. The initiative could spur more voters to the poles and impact not only the Florida presidential count but also the local and state candidates. 

Ironically, a large voter turnout will result in the election of more liberals into office in Florida will ultimately liberalize the state leadership and its present negative thoughts on benefits. The upcoming election may ultimately impact the pending judicial cases involving the constitutionality of Florida's workers' compensation act.

Today's post is shared from reuters.com/

TALLAHASSEE, Fla. (Reuters) - The push to legalize medical marijuana in Florida continues with a two-pronged campaign, supporters said on Friday, sharing plans to mount another ballot drive in 2016 as a way to pressure state lawmakers to consider legislation permitting prescription pot.

A constitutional amendment to legalize medical marijuana in Florida last year fell just short of the 60 percent approval needed to pass in the state.

Morgan, who spent about $4 million on his United for Care campaign last year, said he has revised the ballot language to...
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Read more about medical marijuana and workers' compensation:

Workers' Compensation: Florida: Legalizing Marijuana Fails ...
Nov 05, 2014
Copyright. (c) 2014 Jon L Gelman, All Rights Reserved. Wednesday, November 5, 2014. Florida: Legalizing Marijuana Fails to Pass. Amendment 2. Amend Constitution to legalize medical marijuana? ANSWER, VOTES, PCT.
http://workers-compensation.blogspot.com/

For Marijuana, a Second Wave of Votes to Legalize
Oct 29, 2014
As the libertarian movement in the Republican Party has gained force, with leaders like Senator Rand Paul, Republican of Kentucky, supporting decriminalization of marijuana and others going even further, an anchor of the ...
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Workers' Compensation: Marijuana and Workers' Comp
Sep 08, 2014
There are some who believe medical marijuana and the workplace are a potent mix just waiting to be stirred as increasingly more states approve the herb and its derivatives for medicinal use. Not only are states approving the ...
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Court Rules Workers Comp Must Cover Medical Marijuana
Sep 22, 2014
"Indeed, medical marijuana is a controlled substance and is a drug,” the court wrote. “Instead of a written order from a health care provider, it requires the functional equivalent of a prescription - certification to the program.
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Gelman on Workers' Compensation Law is Now Available on PROVIEW™ as an eBOOK Edition

Now you can have Workers’ Compensation Law, 3d (Vol. 38-39A, NJ Practice Series, available conveniently on your mobile device. Stay current with all the exclusive West-Thompson Reuters  information contained in the hard bound edition, and supplements, available at your fingertip with even more power. Never be at a loss for information, analysis or data in Court, in the office or on-go. 

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And coming soon the 2016 Update……

Thursday, January 8, 2015

Rubio signals his thoughts about benefits: Votes NO on TRIA

Today's post is shared from tampabay.com

Sen. Marco Rubio was one of only four members of his chamber to vote today against a federal terrorism insurance program, which had earlier passed the House by a near unanimous vote.

As the Associated Press describes it, “The program provides a backstop in which the government steps in to cover the bulk of losses after the first $200 million in damages from a terrorist attack, up from $100 million previously.”

It was the first bill to clear the 114th Congress and President Obama is expected to sign it to law.

So why did Rubio join liberals including Bernie Sanders and Elizabeth Warren?

“The Terrorism Risk Insurance Program has become just another big corporate welfare handout,” Rubio spokeswoman Brooke Sammon wrote in a statement. “Senator Rubio had hoped that more would be done to reform this program and allow the private market to evolve. Thankfully, the insurance program has never been triggered. It’s his hope our nation continues to be protected from another terrorist attack by the brave men and women serving America and that the six year authorization will never have to be utilized.”

Congress Passes Measure to Cover Terrorism Risk

Today's post is shared from nytimes.com/
WASHINGTON — The Senate on Thursday gave overwhelming final congressional approval to a revamped federal backstop to terrorism insurance, just eight days after lawmakers allowed it to lapse. Businesses had pleaded for the bill, saying it was necessary to avoid losing some important investments.

But to win passage, Democrats had to grudgingly assent to an easing of regulations on exotic financial instruments, known as derivatives, by some users.

The first bill to pass the Republican-controlled 114th Congress offered a glimpse of how Republicans will try to chip away at President Obama’s agenda over the next two years.

The bill passed the Senate 93 to 4, a day after the House approved it 416 to 5. President Obama is expected to sign it.

Developers, insurance companies and real estate firms were growing increasingly anxious after Congress allowed federal terrorism insurance to lapse at the end of the year. Within days, about 750,000 private insurance policies were canceled, following clauses that said they could exist only if the federal government were prepared to shoulder some of the costs in the event of a catastrophic attack.

Many other policies had 30-day or 60-day notification clauses, so continued congressional inaction would have resulted in growing costs. But those costs would not have been clear unless terrorists actually struck.

“It was the equivalent of everyone deciding they’re not going to be inoculated against measles,” said Robert P....


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Extension of terrorism insurance program clears Congress

Today's post is shared from politico.com/

The new Congress on Thursday secured an early bipartisan achievement when the Senate sent a bill to the president that would extend the federal government’s terrorism risk insurance program after it was surprisingly allowed to lapse at the end of last year.

The Senate cleared the legislation reauthorizing the Terrorism Risk Insurance Act through 2020 on a 93-4 vote after the House passed the bill on Wednesday on a 416-5 vote. The president is expected to sign it into law.

Extending the program has been a top priority for the business community, which has warned that commercial development projects, like new skyscrapers and sports stadiums, could be at risk because it would be difficult to secure funding for these projects without the government backstop in place.

Congress first enacted the program in 2002 following the Sept. 11 attacks to help cover insurance industry losses stemming from a terrorist attack that wrecks buildings and other commercial properties.

The program was allowed to expire on Dec. 31 after a series of year-end disagreements unrelated to the terrorism insurance program prevented enactment of the legislation despite broad support for the program — a move that shocked the business community.

But Republican leaders pledged to quickly move a bill this year and opted to stick with a deal crafted late last year by House Financial Services Committee Chairman Jeb Hensarling (R-Texas) and Sen. Chuck Schumer (D-N.Y.) to ensure a smooth process.

The Senate...

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State store manager robbed at gunpoint wins workers’ comp

Today's post is shared from observer-reporter.com/
PITTSBURGH – Robberies at state liquor stores in the Philadelphia area might be fairly common, but not so much that a former store manager left emotionally traumatized by one should be denied workers’ comp benefits, an appeals court ruled.
Gregory Kochanowicz, 60, of Philadelphia, managed a state store in suburban Morrisville when a masked robber put a gun to the back of his head and duct-taped him to a chair during an April 2008 robbery – the only one Kochanowicz experienced in more than 30 years on the job.
Kochanowicz has been off work ever since, collecting Social Security disability benefits for the post-traumatic stress disorder resulting from the robbery.
He had to fight for workers’ compensation payments because the Liquor Control Board and its insurer argued that robberies were a “normal working condition” and, therefore, his resulting PTSD shouldn’t trigger the benefits.
“Ironically, if he got shot and injured he’d be entitled to workers’ comp, but because he followed procedure and saved himself and his co-workers from harm, he got nothing,” said Alfred Carlson III, Kochanowicz’s attorney.
Among other things, the liquor board noted there were 99 robberies at state stores in the Philadelphia area from 2002 to 2008, and that board officials include how to respond to robberies and other emergencies as part of employees’ normal training.
Robert Baker, the...
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Senate renews terrorism insurance program

Today's post is shared from usatoday.com/

WASHINGTON — The Senate voted Thursday to revive a federal terrorism insurance program to help protect American companies from devastating losses in potential terrorist attacks.

Senators voted 93-4 to renew the program, which expired on Dec. 31 after efforts to extend it were blocked by then-senator Tom Coburn, R-Okla., who is now retired. The program's expiration raised fears by commercial developers and the owners of sports and entertainment companies that they would no longer be able to obtain the terrorism insurance they are required by their lenders to have.

Insurance companies have been reluctant to offer terrorism insurance without the federal backstop, which is now designed to help reimburse businesses for catastrophic losses above $200 million.

The program previously would kick in when losses exceeded $100 million, but lawmakers wanted to reduce the potential burden for taxpayers. They also increased the percentage that insurers must pay above that threshold from 15% to 20%. The program has never had to pay out since it was created in 2002 in the wake of the 9/11 terrorist attacks.

Developers credit it with reviving commercial development in New York City and throughout the nation.

A new Congress convened this week and made renewal of the program one of its...

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Trucking Insurance Minimums Must be Raised to Make Our Roads Safer

Today's post is shared from justice.org/

Washington, DC—The Federal Motor Carrier Safety Administration (FMCSA) is currently considering new regulations that would raise the federal minimum insurance requirements for trucks and buses.

“This rulemaking is extremely important to help improve accountability and safety for all motorists,” said American Association for Justice President Lisa Blue Baron. “Increasing insurance minimums will help restore justice for all Americans injured by trucks.”

Nearly four thousand people die in truck crashes each year. A fatal truck crash often costs over $4.3 million, but truck drivers are only required to maintain insurance policies of $750,000. This insurance requirement was set over 30 years ago and has never been adjusted, not even for inflation.

“Outdated insurance requirements allow trucking companies to skirt responsibility and leave injured motorists and taxpayers to pay the difference,” added Baron.

Earlier this year, FMCSA, in its own study to Congress, concluded the costs of injuries and fatalities arising from crashes far exceed the minimum insurance levels interstate operators are required to carry. Additionally. the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) has noted the minimum insurance requirements have languished for decades and need to be improved.

In this Advanced Notice of Proposed Rulemaking (ANPRM), the FMCSA has asked 26 questions to commenters,...


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