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

Wednesday, September 9, 2015

OSHA cites Bergen Regional Medical Center after 8 employees assaulted or threatened by patients

I
n a three-month period this year, health care workers at Bergen Regional Medical Center LP in Paramus NJ were victims of violent patients in eight incidents, including one in which a nurse suffered a laceration and bruises attempting to stop an attack on a patient.

Following a worker's complaint, the U.S. Department of Labor's Occupational Safety and Health Administration inspected the facility and found eight incidents of workplace violence from Feb. 22, 2015, through June 12. OSHA cited the facility on August 18 for one general duty clause citation for failing to keep the workplace free of hazards.

Employees reported incidents that involved patients barricading workers in a room, threatening them and exposing them to bloodborne pathogens. Several employees experienced being bit, punched, kicked and threatened by patients.

"Bergen Regional Medical Center's management recognized workplace hazards, but lacked adequate procedures to prevent employee exposure," said Lisa Levy, director of OSHA's Hasbrouck Heights Area Office. "With so many incidents, it's clear that this facility's workplace violence program is ineffective and should be improved immediately to protect employees and ensure a safe workplace."

OSHA issued one repeated citation for incorrectly recording workplace injuries on the OSHA 300A illness and injury reporting form. Proposed penalties total $13,600.

In June, the agency expanded use of its enforcement resources in hospitals and nursing homes to focus on workplace violence, one of the most common causes of injuries among healthcare workers. Guidelines for preventing workplace violence for health and social service workers are available at https://www.osha.gov/Publications/osha3148.pdf

Bergen Regional Medical Center is one of the nation's largest hospitals, providing long-term, behavioral health and acute care in northern New Jersey. With more than 1,070 beds, it is also one of the state's largest licensed nursing homes.

Bergen Regional Medical Center requested an informal conference with OSHA's area director after receiving the citations.

Tuesday, September 8, 2015

Computerized X-ray Interpretation to Evaluate Spinal Ligamentous Injuries

Diagnosing and quantifying spinal ligament pain in workers' compensation claims has historically been a challenge to both the medical and legal communities. Now a recently published study reports that through computer assisted analysis  a computerized measurement can be obtained that can assist in accurately diagnosing and grading of ligament injuries.

"Spinal Ligament injury is well documented to be one the most common injuries in a trauma. It is also well documented that, depending upon the grade (seriousness) of the injury, they can take up to 2 years to heal and have different treatment protocols. Yet it seems few doctors attempt to accurately grade the injury according to medical guidelines even where specific guidelines exist. The crude and varying methods to assess the injury provided little consensus. This study shows that precise accurate grading of spinal ligament injury can be best obtained by advanced computerized methods for measuring x-rays, while conforming to current AMA injury guidelines. One Hundred random cases of spinal injury were assessed by usual visual inspection of stress x-rays by radiologists, then re-assessed by computer measurement.  
"Significant spinal ligament injury was accurately revealed by computer measurement that was missed by the standard radiological reads. 
"Assessing spinal ligament injury by computer measurement significantly improves diagnosis and grading of ligament injury.

Sunday, August 30, 2015

Joint Employment: Workers' Compensation's New Frontier In The New Shared Economy

Last week the US National Labor Relations Board (NLRB) issued a decision that may have far reaching impact on how "joint employment" is interpreted in workers' compensation cases. Under the doctrine of "joint employment" an employee may be considered an employee of two employers and the ultimate responsibility maybe passed to franchisor under both, The Right to Control or The Nature of the Work, tests.

Wednesday, August 26, 2015

Federal Court Civil Action Stayed Pending Criminal Case

A civil action instituted by LM Insurance Corporation was stayed against a defendant employer pending a Federal criminal action. The application to stay the Federal civil action was made by the employer to the court following the issuance of multiple Grand Jury Subpoenas and the execution of a Search and Seizure Warrant against the defendant employer in his home and place of business.

Tuesday, August 18, 2015

NLRB Rejects Northwestern University Football Payers' Bid to Unionize

Ryan Field, Northwestern's 49,000 seat footbal...
Ryan Field, Northwestern's 49,000 seat football stadium. ‪
 (Photo credit: Wikipedia)

The NLRB has rejected a bid by the football players at Northwestern University to unionize. The decision, ironically, did not decide whether or not the football scholarship players were employees.

Thursday, August 13, 2015

Senator Gillibrand: We Have a Moral Obligation to Care for 9/11 Heroes, Survivors & Their Families

As the Zadroga Act slowly journeys to expiration, Senator Kristen Gillibrand (D-NY) declared that, “We Have a Moral Obligation to Continue to Provide the Critically Needed Care and Compensation That Our 9/11 Heroes, Survivors and Their Families Deserve."


Wednesday, August 12, 2015

Workers’ Compensation Benefits for Injured Workers Continue to Decline While Employer Costs Rise

Study Finds Benefits as a Share of Payroll Approach Lowest in Three Decades

Workers’ compensation benefits as a share of payroll for injured workers continue to decline even as employment grows and overall employer costs increase, according to anew report from the National Academy of Social Insurance (the Academy).

Lead: Bringing it Home From Work

NIOSH reports that homes may be contaminated by toxic substances such as lead when employees bring home the contaminates. Bystander exposure occurs when employees bring home toxic substances on their bodies, clothing or other objects. Lead affects the developing nervous system of children, and no safe blood lead level (BLL) in children has been identified:

Wednesday, August 5, 2015

CMS to Speed-Up MSP Collection Practices

The Centers for Medicare and Medicaid Services (CMS) has announced that it intends to speed up its collections practices enforcing the Medicare Secondary Payer Act (MSP). CMS stated that such procedures are mandatory under the Digital Accountability and Transparency Act of 2014 or the DATA Act Public Law No: 113-101 (05/09/2014).

Thursday, July 30, 2015

The Plot Thickens As Uber Turns to Leasing Vehicles

Uber is about to change "the rules" yet again by now leasing vehicles to its drivers. While there is great uncertainty of how "employment status" will be interpreted going forward in the new sharing economy, one thing is for certain, the concept will continue to evolve and redefine the traditional workplace.

Wednesday, July 29, 2015

Reshaping Workers’ Compensation for the Sharing Economy

The most dramatic factor reshaping the future of workers’ compensation is the emergence of the sharing economy. Quietly over the decades, “work” has been dramatically influenced by the Millennial Generation. As the sharing generation reinvents the economy, the element of “trust” will have the most significant impact on the direction of social legislative programs, such as workers’ compensation.

Tuesday, July 28, 2015

Fiat Chrysler to Pay $105M Fine - Violations Safety Act

U.S. Transportation Secretary Anthony Foxx announced today that Fiat Chrysler Automobiles has acknowledged violations of the Motor Vehicle Safety Act’s requirements to repair vehicles with safety defects and will submit to rigorous federal oversight, buy back some defective vehicles from owners, and agreed to a $105 million civil penalty, the largest ever imposed by the Department’s National Highway Traffic Safety Administration.

Monday, July 27, 2015

Home is an Odyssey For The Aging Population

Workers' Compensation over the decades has had a very narrow and limited view of "home improvement" benefits for an aging and disabled workforce. That view is focussed on the immediate and maybe a 5 year plan going into the future. With increasing life expectancy of the entire population the workers' compensation system will need to adapt to what is considered "home" and adapt to new factors in an ever changing world.

Saturday, July 25, 2015

Review Committee Report: Inadvertent Shipment of Live Bacillus Anthrax Spores by DOD

The US Department of Defense issued a report concerning its shipment of live anthrax vaccine and concluded:

"On May 29, 2015, due to the inadvertent shipment of live anthrax from a Department of Defense (DoD) laboratory, the Deputy Secretary of Defense (DSD) directed the Under Secretary of Defense (USD) for Acquisition, Technology & Logistics (AT&L) to conduct a 30-day review of the Department’s safety practices for generating and handling inactivated Bacillus anthracis (BA).

Friday, July 24, 2015

Social Security Disability Solvency: The Backbone of Workers' Compensation

The Social Security Disability Insurance (SSDI) system is estimated to run out of money in 2016 and the consequences, if not patched-up by legislation, are going to critical to the nation's patchwork of workers' compensation programs. Since its inception over 50 years ago, SSDI has been the safety net, especially in reserve offset states. It is the backbone of a program to support injured workers.

Over the decades, for numerous economic, social and political factors, the nation's workers' compensation program has continued to diminish in it's ability to deliver as intended. Both the medical and indemnity components have been difficult to obtain, and have restricted what they do deliver.

Thursday, July 23, 2015

Misclassification: US Dept of Labor Issues Interpretation of Employment Status

The Application of the Fair Labor Standards Act’s “Suffer or Permit” Standard in the Identification of Employees Who Are Misclassified as Independent Contractors.

Sounding very much like a workers' compensation standardized employment status test, the US Department of Labor has added its interpretation this developing area of the law. This memo will has obvious added consequences to state interpretation to this issue. 

Company, Owner Sentenced in Asbestos Dumping Case

Donzell Moore of Toledo was sentenced today in Lucas County Court of Common Pleas after pleading guilty in June to two charges related to asbestos removal and disposal during demolition of the former Champion Spark Plug facility on Upton Avenue in Toledo.

Wednesday, July 22, 2015

Climate Change: A Major Concern for Workers’ Compensation

Climate significantly impacts workplace safety and health. As global warming increases, and changing weather patterns become more pronounced, workers’ compensation insurance systems will be stressed to limits never before imagined.

Since the inception of US workers’ compensation legislation almost a century ago, climate extremes have been causally related to compensable events in both a traumatic and occupational exposure setting. Whether it be periods of extreme temperatures or significant storm, i.e.. Hurricane Sandy, weather patterns are reaching new record breaking levels and causing increased levels of occupation injuries and illnesses already.

Thursday, July 16, 2015

CMS - ICD10 Codes in Effect for Reporting Requirements Oct 1, 2015

Medicare Secondary Payer Act - CMS Reporting Requirements ICD10 Codes to be required as of October 1, 2015.

Reporting Reminder: Effective October 1, 2015, Responsible Reporting Entities and their agents will be required to report ICD-10-CM diagnosis codes on claim reports with a CMS Date of Incident (DOI) on or after October 1, 2015. This timeline and reporting requirements have not changed. For more information on ICD diagnosis code reporting, please refer to the MMSEA Section 111 NGHP User Guide Technical Information Chapter IV (Section 6.2.5 – ICD-9 and ICD-10 Codes). The NGHP User Guide can be downloaded from the NGHP User Guide page available at the following link: http://go.cms.gov/MIRNGHPUserGuide.

The Jury is Still Out on Wind Turbine Noise

Occupational hearing loss claims have been associated with exposure to sources of loud noise for decades. One would think that new technology would limit noise exposure, but maybe not so for energy production. A new study from Canada reflects that more research is needed to determine whether wind turbines can produce adverse medical conditions.

Monday, July 13, 2015

Telemedicine puts a doctor virtually at your bedside

As workers' compensation medical costs expand, the next frontier at lowering costs maybe telemedicine. Will state regulations govern or whether will it be a nationally related system? Telemedicine may ultimately define the future of work-related medical care.

Watch the PBS Newshour segment on this topic.
Telemedicine puts a doctor virtually at your bedside

CMS Moved the Coordination of Benefits Secure Website (COBSW)

The Centers for Medicare and Medicaid Services has formally moved:

The URL for accessing the Section 111 Coordination of Benefits Secure Website (COBSW) has been changed to: https://www.cob.cms.hhs.gov/Section111//.
July 13, 2015 - Updated MMSEA Section 111 NGHP User Guide Version 4.7 - Chapters I-V Now Available

The updated MMSEA Section 111 NGHP User Guide dated July 13, 2015 has been posted to the NGHP User Guide page. Refer to Chapter 1-1 of each chapter for a summary of Version 4.7 updates.

White House Conference on Aging 2015



Read more about "aging" and "workers' compensation":
Jul 07, 2012
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and .
Dec 05, 2009
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and ...
Aug 03, 2012
"The aging of the U.S. population, the increasing share of females in the workforce, and, in recent years, the high unemployment rate are the primary factors explaining the rising costs of Social Security Disability Insurance.".
Nov 25, 2013
Men who are unemployed for more than two years show signs of faster ageing in their DNA, a new study has found. Researchers at Imperial College London and the University of Oulu, Finland studied DNA samples from ...

Saturday, July 11, 2015

Perspectives in Biological Monitoring of Inhaled Nanosized Particles

Given the results of experimental studies, occupational or environmental exposures to manufactured nanoparticles or to unintentionally produced ultrafine particles may result in health effects or diseases in humans. 

In this review, the authors synthesize published data of experimental studies on the distribution of inhaled nanoparticles and the first case reports to discuss the potential usefulness of their biological monitoring for clinical purposes. 

Toxicokinetic studies suggest that nanoparticles may be absorbed predominantly by respiratory and oral routes with possible systemic translocation, leading to accumulation in the peripheral organs or excretion in feces or urine. 

Some methods used in these studies may be applied successfully in retrospective evaluation of exposure or in follow-up of occupational exposure in the workplace. Biological monitoring of nanoparticles should be based on imaging methods that are essential to confirm their presence and to characterize them in tissue associated with analytical quantitative methods. 

The first case reports reviewed emphasize the urgent need for the development of standardized procedures for the preparation and analysis of biological samples with a view to characterizing and quantifying nanoparticles.

Ann Occup Hyg (2015) 59 (6):669-680.doi: 10.1093/annhyg/mev015First published online: March 20, 2015

Friday, July 10, 2015

Injured worker has no standing in a subrogation claim

An injured worker has no standing in a subrogation action initiated by a tby the insurance carrier/employer against the ultimate wrongdoer where the injured worker takes no action to pursue a personal injury action against the third party. The injured worker, who fails to file an action, has no right to interfere with the subrogation claim and need not be notified of the settlement.

A NJ Appellate Court ruled that the failure of the injured worker to proactively initiate a third party claim prohibited the employee from involvement/recovery in the subrogation action.

A-4731-13T1
INAAM ELHELOU, ET AL. VS. LIPINSKI OUTDOOR SERVICES, ET AL.       
VS. ALL STATE POWER WASH
July 9, 2015
2015 WL 4112210 (N.J.Super.A.D.)

FDA Strengthens NSAIDs Warnings: Chance of Heart Attack & Stroke

The U.S. Food and Drug Administration (FDA) is strengthening an existing label warning that non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs) increase the chance of a heart attack or stroke. 

Based on the FDA's comprehensive review of new safety information, it is requiring updates to the drug labels of all prescription NSAIDs. As is the case with current prescription NSAID labels, the Drug Facts labels of over-the-counter (OTC) non-aspirin NSAIDs already contain information on heart attack and stroke risk. The FDA will also request updates to the OTC non-aspirin NSAID Drug Facts labels.

Patients taking NSAIDs should seek medical attention immediately if they experience symptoms such as chest pain, shortness of breath or trouble breathing, weakness in one part or side of their body, or slurred speech.

NSAIDs are widely used to treat pain and fever from many different long- and short-term medical conditions such as arthritis, menstrual cramps, headaches, colds, and the flu. NSAIDs are available by prescription and OTC. Examples of NSAIDs include ibuprofen, naproxen, diclofenac, and celecoxib (see Table 1 for a list of NSAIDs).

The risk of heart attack and stroke with NSAIDs, either of which can lead to death, was first described in 2005 in the Boxed Warning and Warnings and Precautions sections of the prescription drug labels. Since then, we have reviewed a variety of new safety information on prescription and OTC NSAIDs, including observational studies,1 a large combined analysis of clinical trials,2 and other scientific publications.1 These studies were also discussed at a joint meeting of the Arthritis Advisory Committee and Drug Safety and Risk Management Advisory Committee held on February 10-11, 2014.

Based on the FDA's review and the advisory committees’ recommendations, the prescription NSAID labels will be revised to reflect the following information:


  • The risk of heart attack or stroke can occur as early as the first weeks of using an NSAID. The risk may increase with longer use of the NSAID.
  • The risk appears greater at higher doses.


It was previously thought that all NSAIDs may have a similar risk. Newer information makes it less clear that the risk for heart attack or stroke is similar for all NSAIDs; however, this newer information is not sufficient for us to determine that the risk of any particular NSAID is definitely higher or lower than that of any other particular NSAID.

NSAIDs can increase the risk of heart attack or stroke in patients with or without heart disease or risk factors for heart disease. A large number of studies support this finding, with varying estimates of how much the risk is increased, depending on the drugs and the doses studied.

In general, patients with heart disease or risk factors for it have a greater likelihood of heart attack or stroke following NSAID use than patients without these risk factors because they have a higher risk at baseline.

Patients treated with NSAIDs following a first heart attack were more likely to die in the first year after the heart attack compared to patients who were not treated with NSAIDs after their first heart attack.

There is an increased risk of heart failure with NSAID use.

In addition, the format and language contained throughout the labels of prescription NSAIDs will be updated to reflect the newest information available about the NSAID class.
Patients and health care professionals should remain alert for heart-related side effects the
entire time that NSAIDs are being taken. The FDA urges you to report side effects involving
NSAIDs to the FDA MedWatch program, using the information in the “Contact FDA”
box at the bottom of the page.

Facts about non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs)
• NSAIDs are a class of medicines available by prescription and over-the-counter
(OTC). They are some of the most commonly used pain medicines.
• NSAIDs are used to treat pain and fever from medical conditions such as arthritis,
menstrual cramps, headaches, colds, and the flu.
• Examples of NSAIDs include ibuprofen, naproxen, diclofenac, and celecoxib.
See Table 1 for a list of non-aspirin NSAIDs.
Additional Information for Patients and Consumers
• Non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs) increase the chance
of a heart attack or stroke, either of which can lead to death. There are a large
number of studies that support this finding, with varying estimates of how much
the risk is increased, depending on the drugs and the doses studied. These serious
side effects can occur as early as the first weeks of using an NSAID and the risk
may increase the longer you are taking an NSAID.
• The risk appears greater at higher doses; use the lowest effective amount for the
shortest possible time.
• Seek medical attention immediately if you experience symptoms such as:
• Chest pain
• Shortness of breath or trouble breathing
• Sudden weakness or numbness in one part or side of the body
• Sudden slurred speech
• Many medicines contain NSAIDs, including those used for colds, flu, and sleep,
so it is important to read the labels and avoid taking multiple medicines that
contain NSAIDs.
• Patients who take low-dose aspirin for protection against heart attack and stroke
should know that some NSAIDs, including those in over-the-counter (OTC)
products such as ibuprofen and naproxen, can interfere with that protective effect.
• Read the patient Medication Guide you receive with your NSAID prescription. It
explains the risks associated with the use of the medicine. You may access
Medication Guides by clicking on this link.
• Read the Drug Facts label before taking an OTC NSAID. Talk to your health care
professional or pharmacist if you have questions or concerns about NSAIDs or
which medicines contain them.
• Report side effects from NSAIDs to the FDA MedWatch program, using the
information in the "Contact FDA" box at the bottom of this page.
Additional Information for Health Care Professionals
• Non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs) cause an increased
risk of serious cardiovascular thrombotic events, including myocardial infarction
and stroke, either of which can be fatal. There are a large number of studies that
support this finding, with varying estimates of how much the risk is increased.
Estimates of increased risk range from 10 percent to 50 percent or more,
depending on the drugs and the doses studied. This risk may occur as early as the
first weeks of treatment and may increase with duration of use.
• Remain alert for the development of cardiovascular adverse events throughout the
patient’s entire treatment course, even in the absence of previous cardiovascular
symptoms.
• Inform patients to seek medical attention immediately if they experience
symptoms of heart attack or stroke such as chest pain, shortness of breath or
trouble breathing, sudden weakness or numbness in one part or side of the body,
or sudden slurred speech.
• Encourage patients to read the Medication Guide for prescription NSAIDs and the
Drug Facts label for over-the-counter (OTC) NSAIDs.
• Based on available data, it is unclear whether the risk for cardiovascular
thrombotic events is similar for all non-aspirin NSAIDs.
• The increase in cardiovascular thrombotic risk has been observed most
consistently at higher doses.
• The relative increase in serious cardiovascular thrombotic events over baseline
conferred by NSAID use appears to be similar in those with and without known 
cardiovascular disease or risk factors for cardiovascular disease. However,
patients with known cardiovascular disease or risk factors had a higher absolute
incidence of serious cardiovascular thrombotic events due to their increased
baseline rate.
• To minimize the risk for an adverse cardiovascular event in patients treated with
an NSAID, prescribe the lowest effective dose for the shortest duration possible.
• Some NSAIDs, including those in OTC products such as ibuprofen and naproxen,
can interfere with the antiplatelet action of low dose aspirin used for
cardioprotection by blocking aspirin’s irreversible COX-1 inhibition.
• Report adverse events involving NSAIDs to the FDA MedWatch program, using
the information in the "Contact FDA" box at the bottom of this page.

Data Summary
FDA reviewed a meta-analysis of randomized clinical trials of cardiovascular and upper
gastrointestinal events with non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs),
conducted by the Coxib and traditional NSAID Trialists’ (CNT) Collaboration of the
Clinical Trial Service and Epidemiological Studies Units at Oxford University.2

We also reviewed observational studies and other scientific publications in the medical literature.1

The findings of these studies were discussed at a joint meeting of the Arthritis Advisory
Committee and Drug Safety and Risk Management Advisory Committee held on
February 10-11, 2014 (for complete safety reviews, background information, and minutes
of this meeting, click here).

Based on the FDA's  comprehensive review and the recommendations from the advisory committees, we are requiring label changes to reflect the following conclusions:
• A large number of studies support the finding that NSAIDs cause an increased
risk of serious cardiovascular thrombotic events, with varying estimates of how
much the risk is increased. Estimates of increased relative risk range from 10
percent to 50 percent or more, depending on the drugs and the doses studied.
• Several observational studies found a significant cardiovascular risk within days
to weeks of NSAID initiation. Some data also showed a higher risk with longer
NSAID treatment.
• There are observational data indicating that the thrombotic cardiovascular risk
from NSAID use is dose-related. There is also some evidence of this doseresponse
effect from clinical trials of celecoxib.
• Some observational studies and the CNT meta-analysis suggested that naproxen
may have a lower risk for cardiovascular thrombotic events compared to the other
NSAIDs; however, the observational studies and the indirect comparisons used in
the meta-analysis to assess the risk of the nonselective NSAIDs have limitations
that affect their interpretability. The variability in patients’ risk factors,
comorbidities, concomitant medications and drug interactions, doses being used,
duration of treatment, etc., also need to be taken into consideration to make valid 
comparisons. Importantly, these studies were not designed to demonstrate
superior safety of one NSAID compared to another.
• There is evidence of an increased cardiovascular risk from NSAID use by
apparently healthy patients. Data from the CNT meta-analysis, individual
randomized controlled trials, and observational studies showed that the relative
increase in cardiovascular thrombotic events over baseline conferred by NSAID
use appears to be similar in those with and without known cardiovascular disease
or risk factors for cardiovascular disease. However, patients with known
cardiovascular disease or risk factors had a higher absolute incidence of excess
cardiovascular thrombotic events due to their increased baseline rate.
• The CNT meta-analysis demonstrated an approximately two-fold increase in
hospitalizations for heart failure with use of both COX-2 selective and
nonselective NSAIDs. In a Danish National Registry study of patients with heart
failure, NSAID use increased the risk of myocardial infarction, hospitalization for
heart failure, and death.
The Prospective Randomized Evaluation of Celecoxib Integrated Safety versus Ibuprofen
or Naproxen (PRECISION) trial, is a large, ongoing randomized safety trial comparing
cardiovascular event rates among patients with high cardiovascular risk who are
randomized to celecoxib, naproxen, or ibuprofen. This trial was also discussed at the
February 2014 Advisory Committee meeting and is expected to provide additional safety
information. 

Table 1. List of non-aspirin nonsteroidal anti-inflammatory drugs (NSAIDs)
Generic name Brand name(s)

  • celecoxib Celebrex
  • diclofenac Cambia, Cataflam, Dyloject, Flector,
  • Pennsaid, Solaraze, Voltaren, Voltaren-XR,
  • Zipsor, Zorvolex, Arthrotec (combination
  • with misoprostol)
  • diflunisal No brand name currently marketed
  • etodolac No brand name currently marketed
  • fenoprofen Nalfon
  • flurbiprofen Ansaid
  • ibuprofen* Advil, Caldolor, Children’s Advil,
  • Children’s Elixsure IB, Children’s Motrin,
  • Ibu-Tab, Ibuprohm, Motrin IB, Motrin
  • Migraine Pain, Profen, Tab-Profen, Duexis
  • (combination with famotidine), Reprexain
  • (combination with hydrocodone),
  • Vicoprofen (combination with
  • hydrocodone)
  • indomethacin Indocin, Tivorbex
  • ketoprofen No brand name currently marketed
  • ketorolac Sprix
  • mefenamic acid Ponstel
  • meloxicam Mobic
  • nabumetone No brand name currently marketed
  • naproxen* Aleve, Anaprox, Anaprox DS, ECNaprosyn,
  • Naprelan, Naprosyn, Treximet
  • (combination with sumatriptan), Vimovo
  • (combination with esomeprazole)
  • oxaprozin Daypro
  • piroxicam Feldene
  • sulindac Clinoril
  • tolmetin No brand name currently marketed *There are many over-the-counter (OTC) products that contain this medicine.

References

1. Food and Drug Administration [Internet]. Silver Spring, MD. FDA Briefing
Information for the February 10-11, 2014 Joint Meeting of the Arthritis Advisory
Committee and Drug Safety and Risk Management Advisory Committee. Available
from:
http://www.fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/ArthritisAdvisoryCommittee/UCM383180.pdf. Accessed December 23, 2014.

….

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.

Thursday, July 9, 2015

NJ general contractor repeatedly exposed construction workers to fall hazards OSHA fines New Homes Construction Inc. $40,480

New Homes Construction Inc. is a general contractor located at 739 Bordentown Road in Burlington, New Jersey. The investigation was conducted at Wildflowers at Medford, an active adult community at 12 Montclaire Road, Lot 19, in Medford, New Jersey.

Asbestos in Children's Toys


It has been reported that certain children's toys contain asbestos fiber. Asbestos is a known cancer producing substance.Today's post is shared from ewr.org

"The toys, purchased at national retail chains or through online retailers, were tested by a government-certified laboratory, using state-of-the-art equipment. Samples that tested positive were retested by another government-certified laboratory to confirm the results. The results are significant because even trace exposure to asbestos can cause cancer and other fatal lung disease. 

"The tests found asbestos in four of the 28 boxes of crayons tested, several marketed under the names of popular fantasy characters Mickey Mouse, Power Rangers and Teenage Mutant Ninja Turtles. Two of the 21 crime scene fingerprint kits were tainted with asbestos.

Click here to read the entire article.

Click here to read Sen Ed Markey's Letter.
….

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.

CMS Announces Changes to Physician Fee Schedules: End of Life Care Discussion Payments Proposed

Under a new proposal announced by the Centers for Medicare and Medicaid Services, physicians will be paid to discuss "end of life care" with patients. 

Today, CMS released the first proposed update to the physician payment schedule since the repeal of the Sustainable Growth Rate through the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). The proposal includes a number of provisions focused on person-centered care, and continues the Administration’s commitment to transform the Medicare program to a system based on quality and healthy outcomes.

“CMS is building on the important work of Congress to shift the Medicare program toward a system that rewards physicians for providing high quality care,” said Andy Slavitt, Administrator of CMS. “Thanks to the recent landmark Medicare and children’s health insurance program legislation, CMS and Congress are working together to achieve a better Medicare payment system for physicians and the American people.”

In the proposed CY 2016 Physician Fee Schedule rule, CMS is also seeking comment from the public on implementation of certain provisions of the MACRA, including the new Merit-based Incentive payment system (MIPS). This is part of a broader effort at the Department to move the Medicare program to a health care system focused on the delivery of quality care and value.

The proposed rule includes updates to payment policies, proposals to implement statutory adjustments to physician payments based on misvalued codes, updates to the Physician Quality Reporting System, which measures the quality performance of physicians participating in Medicare, and updates to the Physician Value-Based Payment Modifier, which ties a portion of physician payments to performance on measures of quality and cost. CMS is also seeking comment on the potential expansion of the Comprehensive Primary Care Initiative, a CMS Innovation Center initiative designed to improve the coordination of care for Medicare beneficiaries.

The proposed rule also seeks comment on a proposal that supports patient- and family-centered care for seniors and other Medicare beneficiaries by enabling them to discuss advance care planning with their providers. The proposal follows the American Medical Association’s recommendation to make advance care planning services a separately payable service under Medicare.

The release of the rule triggers a 60-day comment period, during which time CMS welcomes the input of stakeholders and the public. A final rule will be published this fall. For a fact sheet on the proposed rule, Proposed policy, payment, and quality provisions changes to the Medicare Physician Fee Schedule for Calendar Year 2016, please see here. For further information, please see the rule on display here.

Tuesday, July 7, 2015

Furniture Workers Face Deadly Hazards

OSHA fines 2 employers more than $196K

The investigation was conducted at Sterling Seating Inc.'s furniture manufacturing plant at 9 Porete Avenue in North Arlington, New Jersey. On Target Staffing LLC, a staffing company that provided laborers for Sterling is located at 258 Clifton Avenue in Newark, New Jersey.

Friday, July 3, 2015

Happy July Fourth



In CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen United States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

NJ Senate Passes Workers' Compensation Collective Bargaining Legislation

The NJ Senate passed an historic legislative proposal that will change the way benefits are delivered in work related injuries in NJ. S2447 provides for a collective bargaining arrangement that allows for delivery of benefits without the necessity of formal intervention before the NJ Division of Workers' Compensation, that will however remain an option in the process. 

As amended, this bill permits, but does not require, groups of employers establishing or participating in Taft-Hartley trust funds to purchase workers’ compensation insurance as a group or to apply to the Commissioner of Banking and Insurance for approval to enter into agreements to pool their workers' compensation liabilities for the purpose of qualifying as members of a group plan for self-insurance. A "Taft-Hartley trust fund" is a labor-management, jointly administered fund established by collective bargaining to provide employee benefits such as medical benefits or pensions.

Thursday, June 25, 2015

The Path to Federalization: US Supreme Court Again Validates the Affordable Care Act

The US Supreme Court again affirmed the validity of The Affordable Care Act. The Obamacare program, as it has been nicknamed, will continue to lead to a medical delivery program than eventually will have major repercussions on the antiquated and ineffective medical care system of the existing patch work of state workers' compensation insurance acts.

Wednesday, June 24, 2015

NJ Supreme Court to Review Ethics of Defense Firm Facebook Investigation

The NJ Supreme will review the ethical propriety of the actions of a defense law firm whose attorney instructed a paralegal to "friend" the adverse party on Facebook for discovery purposes without disclosing the paralegal's relationship with the defense firm.

US EPA Report Calls For Better Regulation of Demolition of Asbestos Containing Buldings

The Inspector General of the US Environmental Protection Agency released a report calling for safer demotion of buildings containing asbestos fiber. Asbestos is a known cancer producing substance causing asbestosis, lung cancer and mesothelioma.

Tuesday, June 23, 2015

Workers' Exposure to Low Dose Radiation Linked to Leukemia and Lymphoma

Workers exposed to low doses of radiation have been reported to experience an increased risk to Leukemia and Lymphoma.

A study published in The Lancet reports strong evidence of positive associations between protracted low-dose radiation exposure and leukemia.

Evidence before this study:
Ionising radiation causes leukaemia. The primary quantitative basis for radiation protection standards comes from studies of populations exposed to acute, high doses of ionising radiation. Although previous studies of nuclear workers addressed leukaemia radiogenicity, questions remain about the size of the risk from protracted radiation exposure in occupational settings.



Added value of this study:
We report a positive dose–response relationship between cumulative, external, protracted, low-dose exposure to ionising radiation, and subsequent death caused by leukeamia (excluding chronic lymphocytic leukaemia). The risk coefficient per unit dose was consistent with those derived from analyses of other populations exposed to higher radiation doses and dose rates.

Implications of all the available evidence:
The present study provides strong evidence of a positive association between radiation exposure and leukaemia even for low-dose exposure. This finding shows the importance of adherence to the basic principles of radiation protection—to optimise protection to reduce exposures as much as reasonably achievable and—in the case of patient exposure—to justify that the exposure does more good than harm.

Diacetyl Emerges Again As A Serious Threat to Worker Health

Emerging again in the workplace are serious and health threatening exposures to Diacetyl. The Journal Sentinel has reported:

"Most coffee roasters have never heard of the chemical compound diacetyl. Those who have, associate it solely with its devastating effects on microwave popcorn workers and those in the flavoring industry. They don't suspect that it could be wreaking the same havoc on their own lungs.

"We don't make flavored coffee, many in the roasting business say. It's not a problem for us.

"But air sampling by the Milwaukee Journal Sentinel shows reason to worry.

"Tests at two midsized Wisconsin roasteries that agreed to let the news organization analyze the air in their production areas found diacetyl levels from unflavored roasted coffee that exceeded safety standards proposed by the U.S. Centers for Disease Control and Prevention.

"In some areas, by nearly four times the concentration.

"Workers exposed to similar levels at popcorn plants suffered serious, incurable lung disease.

Click here to read the entire article "Coffee roasters' health at risk from chemical compound, air samples suggest--But most workers don't realize their lungs may be in danger from exposure to diacetyl"

Read more about Diacetyl and workers' compensation:
NIOSH to Propose New Criteria for Diacetyl Exposure
Aug 18, 2011
The National Institute for Occupational Safety and Health (NIOSH) invites public comment on a draft document, "Criteria for a Recommended Standard: Occupational Exposure to Diacetyl and 2,3-pentanedione.” For public ...

Workers' Compensation: Flavoring 2,3-pentanedione ...
Aug 20, 2012
2,3-pentanedione should be added to that list. "Flavorings-related lung disease is a potentially disabling disease of food industry workers associated with exposure to the α-diketone butter flavoring, diacetyl (2,3-butanedione).

Workers' Compensation: Legislation to Protect Food ...
Sep 27, 2007
The legislation would force the U.S. Occupational Safety and Health Administration to issue rules limiting workers' exposure to diacetyl, a chemical used in artificial food flavoring for microwave popcorn and other foods.

Flavoring Workers At Higher Risk for Alzheimers
Aug 04, 2012
It found evidence that the ingredient, diacetyl (DA), intensifies the damaging effects of an abnormal brain protein linked to Alzheimer's disease. The study appears in ACS' journal Chemical Research in Toxicology.

….
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.

Wednesday, June 17, 2015

NJ Supreme Court: Superior Court has jurisdiction to determine employment status

The NJ Supreme Court ruled that the NJ Division of Workers' Compensation does not have exclusive jurisdiction in determining employment status. In reversing the decision of the Appellate Decision, the NJ Supreme Court held that when a claim petition is not filed with the NJ Division of Workers' Compensation, the Superior Court has exclusive jurisdiction over who is an employee versus independent contractor. 

"We conclude that when, as here, there is a genuine dispute regarding the worker's employment status, and the plaintiff elects to file a complaint only in the Law Division of the Superior Court, the Superior Court has concurrent jurisdiction to resolve the dispute."

Tuesday, June 16, 2015

Colorado Supreme Court Rules Medical Marijuana Unlawful Employment Activity

The Colorado supreme court held that under the plain language of section 24-34-402.5, 14 C.R.S. (2014), Colorado’s “lawful activities statute,” the term “lawful” refers only to those activities that are lawful under both state and federal law.

Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute. We therefore affirm 18 the court of appeals’ opinion.

Coats v. Dish Network—Labor and Employment- Protected Activities

Tuesday, June 2, 2015

Newark gas manufacturer repeatedly exposed employees to workplace hazards

OSHA fines Welco Acetylene Corp. $57,400

Employer Name and Location: The acetylene repackaging facility of industrial gas manufacturer Welco Acetylene Corp. is located at 321 Roanoke Place in Newark, New Jersey.

Date Investigation Initiated: The U.S. Department of Labor's Occupational Safety and Health Administration initiated an inspection on Nov. 21, 2014, as a follow-up to its May 30, 2013, inspection.

Investigation Findings: Welco Acetylene Corp. received two failure-to-abate notices for hazards for which the employer had been cited previously: not maintaining process equipment and not adequately addressing the potential impact of a vapor cloud explosion on an occupied temporary trailer.

Additionally, OSHA found two repeat violations involving workers performing service on a compressor without placing a device on it to prevent the sudden startup or movement of equipment during service and maintenance, a procedure known as lockout/tagout. The company also did not ensure that the written process safety information included all the necessary information pertaining to the equipment. One serious violation was issued for not conducting management of change reviews as required.

Welco Acetylene Corp. has 15 business days from receipt of citations and proposed penalties to comply, request a conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Quote: "Acetylene gas is highly flammable and if released, could cause fire and explosion hazards," said Kris Hoffman, director of OSHA's Parsippany Area Office. "The violations found during the follow-up inspection, and the ones the company failed to abate, create a hazardous environment to the employees working at the plant and should be immediately corrected."

Proposed penalties: $57,400

View the citations:
http://www.osha.gov/ooc/citations/WelcoAcetyleneCorp908983.pdf*
http://www.osha.gov/ooc/citations/WelcoAcetyleneCorp1021854.pdf*