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

Friday, March 4, 2016

US DOT Bans the Use of Electronic Cigarettes on Commercial Flights

English: The ProVape-1 by ProVape.com - Electr...
The ProVape-1 by ProVape.com
Electronic cigarette/vaporizer mod which holds a larger battery.
Shown with a 901 atomizer attached. (Photo credit: 
Wikipedia)
U.S. Transportation Secretary Anthony Foxx today announced a final rule that explicitly bans the use of electronic cigarettes on commercial flights. The final rule applies to all scheduled flights of U.S. and foreign carriers involving transportation in, to, and from the U.S. 

“This final rule is important because it protects airline passengers from unwanted exposure to electronic cigarette aerosol that occurs when electronic cigarettes are used onboard airplanes,” said Secretary Foxx. “The Department took a practical approach to eliminate any confusion between tobacco cigarettes and e-cigarettes by applying the same restrictions to both.”

Thursday, March 3, 2016

Property Developer Pleads Guilty To Exposing Workers To Asbestos During Removal Operations

U.S. Attorney William J. Hochul, Jr., in Rochester, NY,  announced today that Anastasios “Taso” Kolokouris, 32, of Avon, NY, pleaded guilty to violating the Clean Air Act asbestos work practice standards involving asbestos removal and disturbance before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum sentence of five years in prison and a $250,000 fine.

Tuesday, March 1, 2016

OSHA Fines NJ Contractor For Hanger Collapse at Newark Airport

OSHA fines CATCO Demolition Services $49K for the violation
Employer name: Catanzaro & Sons Enterprise, doing business as CATCO Demolition Services
10 Gregory Drive, Montville, New Jersey
Site: Newark Liberty International Airport, 14 Brewster Road, Newark, New Jersey
Citations issued: On Feb. 24, 2016, the U.S. Department of Labor Occupational Safety and Health Administration ’s Parsippany Area Office issued a citation for one willful violation.
Investigation findings: OSHA’s inspection began Sept. 9, 2015 after United Airlines Hanger No. 14 at Newark Liberty International Airport collapsed during demolition. Inspectors determined CATCO Demolition Services deviated from an approved demolition plan and made unapproved cuts to several I-beams, weakening the structural members of the hangar as employees worked inside the hangar. OSHA cited CATCO for this hazard.
The employer has 15 business days from receipt of the citation and proposed penalty to comply, request an informal conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.
Proposed penalty: $49,000
Quote: “By not following the approved demolition plan, CATCO Demolition Services left its employees vulnerable to unnecessary risk,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “Employers must provide employees with a safe working environment; anything less than that is unacceptable.”

Friday, February 26, 2016

OSHA Fine NJ Contractor $43,000 for Fall Hazards Following Roofer's Death

OSHA finds Middlesex contractor exposed workers to fall hazards after investigation of roofer's death at Parsippany jobsite S&S Roofing Inc., cited 13 times for similar violations

Employers name: S&S Roofing Inc., 2 Self Blvd., Carteret, New Jersey

Inspection site: 71 Walsh Drive, Parsippany, New Jersey

Citations issued: On Feb. 17, 2016, the Occupational Safety and Health Administration issued citations for one repeat and three serious violations.

Investigation findings: OSHA opened an investigation on Aug. 24, 2015 after receiving a referral from the Parsippany Police Department after a worker fell from the roof of a warehouse. The investigation was also conducted under the agency's local emphasis program for falls in construction.

OSHA inspectors found that S&S Roofing failed to provide workers with the proper fall protection, resulting in one repeat violation. The company was cited for a similar repeat violation in 2011, and has been cited 10 times since 2000 for comparable offenses.

The investigation determined that the victim who fell was using a manually operated roof hoist to lower his tool bags to the ground that caused the hoist to tip and go over the edge of the roof. As it tipped, the hoist's boom hit the man and he fell over the roof's edge to the pavement approximately 25 feet below. The victim succumbed to his injuries, dying six days later.

Proposed penalties: $43,080

Quote: "This tragic incident and unnecessary loss of a life could have been prevented had S&S Roofing properly protected its workers against falls, the leading cause of death in the construction industry," said Kris Hoffman, director of OSHA's Parsippany Area Office. "Compounding the tragedy, the hoist's manufacturer warns: ‘Never use roof process materials as counterweight.' We determined S&S Roofing regularly used roofing materials to counterweight the hoist regardless of the warning. Workers should not have to risk their lives needlessly for the sake of a paycheck."

View the citations: http://www.osha.gov/ooc/citations/S-and-S_Roofing_Inc_1088219_0217_16.pdf*

Wednesday, February 24, 2016

Breast Cancer: California Discriminates Against Women

The California Applicants’ Attorneys Association (CAAA) joined Assemblywoman Lorena Gonzalez (D-San Diego) for the first ever Women in the Workplace Day at the State Capitol. The day was centered around Governor Brown’s veto of the CAAA sponsored AB 305 (Gonzalez, 2015), which sought to ensure that women are not compensated less than men for identical work injuries.

NJ Corrections Officers Seeks Benefits Above Workers’ Compensation

   Legislation now pending before the NJ State Assembly (A2347) would establish a compensation program for State corrections officers, juvenile corrections officers, and juvenile detention officers who suffer bodily injury as the result of a riot or assault by the inmates or detainees under their custody and care. The bill also establishes a compensation program for parole officers who suffer bodily injury as the result of an assault committed by an adult or juvenile parolee under their supervision.

Wednesday, February 17, 2016

The State of Medical Care in California’s Workers’ Compensation System

Katherine Roe

Todays' guest post is authored by Katie Roe*  of the California Bar and was originally published at rivercityattorneys.com/blog (Fraulob & Brown).

When you’re injured at work, you expect that your employer’s insurance carrier will dutifully provide you with proper medical treatment for your injury. After all, future medical care is one of the “benefits” injured workers are entitled to in California. Denial of medical treatment is the number one frustration we hear from our clients on a daily basis.

What injured workers quickly discover is that their medical treatment is strictly controlled by the insurance carrier and their medical fate is in the hands of a doctor who has never treated them and may not even have their complete medical records. This process is called Utilization Review (UR). Under UR an outside physician gets to decide whether or not the insurance company should authorize the medical treatment prescribed by your primary treating physician. This doctor doesn’t even have to be licensed in California.

If the medical treatment prescribed by your physician is denied, your only recourse is to appeal the decision to an Independent Medical Reviewed (IMR). In California, MAXIMUS is the company contracted to conduct IMR reviews. Like UR doctors, the IMR doctor deciding your fate, has never met you or treated you and does not need to be licensed in California. In fact, their identity is protected. If your medical treatment is denied by UR, your chances of IMR overturning the decision are not good. California Workers’ Compensation Institute, an insurance research group, found that 91% of IMR decisions uphold the UR denial. If the treatment is denied by IMR, absent a change in circumstances, the denial will be in effect for one year.

While an injured worker has the right to appeal an IMR determination to the Workers’ Compensation Appeals Board, the only legal bases on which to appeal are fraud, conflict of interest, or mistake of fact. However, even if your appeal is successful the WCAB still cannot overturn the IMR doctor’s decision. If an appeal is granted, the remedy is referral to a different IMR for another review. Yes, you read that right, your award is to go through the IMR process again!

Many injured workers end up seeking treatment for their work related injuries through private insurance, Medicare or Medi-Cal. A study by J. Paul Leigh, a health economist at the University of California, Davis, estimated that only 1/3 of necessary medical treatment and lost wages is being paid for by workers’ compensation insurers.

The lack of adequate medical care for injured workers today is the result of Senate Bill 863, which was passed on August 1, 2012 and signed into law by Governor Brown on September 18, 2012. This law was the result of lobbying by big businesses and insurance companies, who have influence over the State Legislature and the Governor of California. We remind our clients that you also have a political voice. We recommend you go to Voters Injured at Work (www.viaw.org) for information on how to become involved with fixing this broken system.

To read more about the dismal state of medical treatment for injured workers all over America I encourage you to read Insult to Injury by Michael Grabell athttps://www.propublica.org/article/the-demolition-of-workers-compensation.

*Katherine Roe is originally from the San Francisco Bay Area. She attended University of St. Thomas, Saint Paul Minnesota for her undergraduate degree in Sociology with a minor in Criminal Justice. She earned her Master in Public Administration from University of Notre Dame de Namur, Belmont, CA. Katie graduated from University of the Pacific McGeorge School of Law in Sacramento where she received the Witkin Award for Health Law and Elder Law Clinic. She is a practicing attorney in the areas of Workers’ Compensation Law, Social Security Disability and Elder Law, including estate planning with wills, trusts, deeds, powers of attorney and health care directives.
While in college, Katie tutored grade school and high school students in low-income neighborhoods in Saint Paul and Minneapolis, MN and interned with the Oakdale, MN Police Department.
During law school, Katie interned with Legal Aid Society of San Mateo County, Human Rights Fair Housing Commission and the California Department of Insurance. While at McGeorge, she worked in the Elder and Health Law Clinic where she handled Medicare appeals, elder abuse cases, restraining orders, wills, trusts, consumer protection, special needs trusts, and powers of attorney.
While the Clinical Fellow at McGeorge she received the Cohn Sisters’ Scholarship for Patient Advocacy.

Thursday, February 11, 2016

OSHA finds Elan Chemical of Newark NJ put employees at-risk $72,100 in fines

OSHA finds Newark NJ manufacturer put employees at-risk in its handling of dangerous chemicals Elan Chemical Co. issued 17 citations, faces $72,100 in fines.

Employer name: Elan Chemical Company Inc., 268 Doremus Ave., Newark, New Jersey

Citations issued: On Feb. 4, 2016, The U.S. Department of Labor's Occupational Safety and Health Administration issued citations for 17 serious safety and health violations.

Investigation findings: OSHA initiated an inspection on Aug. 4, 2015, under its national emphasis program focused on chemical manufacturers. Inspectors found deficiencies in the employer's equipment process safety information, process hazard analysis, written operating procedures, contractor safety, equipment inspection and tesging along with management of process changes, resulting in the citations.

Proposed penalties: $72,100

"The violations identified in this inspection create a hazardous environment for the plant's workers," said Kris Hoffman, director of OSHA's Parsippany Area Office. "This facility uses more than 10,000 pounds of ethyl chloride, a highly-flammable liquefied gas. The company's failure to comply with OSHA's Process Safety Management standard could result in a chemical release, as well as a serious fire or explosion."

View the citations: http://www.osha.gov/ooc/citations/ElanChemical1082421.pdf*

The company has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

….
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.

Tuesday, February 9, 2016

New staging of mesothelioma tumors may predict outcome

A recent study indicates that a new physician staging processes by weight and volume of mesothelioma tumors may be helpful in predicting outcome. Mesothelioma is a fatal rare tumor and almost always associated with exposure to asbestos fibers. The development of mesothelioma commonly is diagnosed decades after the initial exposure to asbestos fiber.

Monday, February 8, 2016

Defense Firm Prohibited From Seeking Unfettered Medical Discovery

A defense firm, that had a “custom” of seeking unlimited medical discovery in workers’ compensation claims, was barred from utilizing that litigation tactic. The NJ Appellate Division affirmed the trial level decision of The Honorable Emille R. Cox, Supervising Judge of Compensation that prohibited requests for unlimited medical data.

Thursday, February 4, 2016

Senator Patrick Leahy Calls For Greater Transparency by Asbestos Companies

Statement of Senator Patrick Leahy Ranking Member, Judiciary Committee Hearing on “The Need for Transparency in the Asbestos Trusts”

Today the Judiciary Committee meets to discuss legislation that purports to promote more transparency in asbestos trusts.  Before we get into a detailed discussion about the merits of the proposed legislation, I want to make sure we all remember why we are here today.  For decades, millions of American workers were secretly poisoned.  Men and women who worked in our Nation’s factories, shipyards, mines and construction sites, and service members in the military, unknowingly inhaled air that was laced with asbestos—a substance so harmful that an individual can become critically ill simply by breathing.

Wednesday, February 3, 2016

Workers’ Compensation and the Cancer Moonshot 2020

Official portrait of Vice President of the United States . (Photo credit: Wikipedia)
An exciting initiative, Cancer Moonshot 2020, is under underway establishing a coalition, of academics and insurers to work together to find a cure for cancer by the year 2020. Historically too many occupational exposures have resulted in the development of cancer. Participation by the entire workers’ compensation system in this new venture would create an exciting opportunity to advance worker health, reduce costs and strengthen the social remedial benefit program.

Fraud: Two South Jersey Corporations and Five of Their Officials Charged With Stealing Nearly $600,000

Acting NJ Attorney General John J. Hoffman and the Office of the Insurance Fraud Prosecutor (OIFP) announced today that two South Jersey corporations and five of their officials have been indicted in an alleged workers compensation fraud scheme that bilked nearly $600,000 from an insurance carrier.

Tuesday, February 2, 2016

FACT Act Hearing US Senate Wed Feb 3, 2016 10am ET


Witness List
Hearing before the
Senate Committee on the Judiciary
On

“The Need for Transparency in the Asbestos Trusts”
Wednesday, February 3, 2016
Dirksen Senate Office Building, Room 226
10:00 a.m.

Tuesday, January 26, 2016

Coffee Workers at Risk for Lung Disease

Today's post is shared from cdc.gov

RoastedCoffeeBeans
Roasted Coffee Beans
Obliterative bronchiolitis, an irreversible form of lung disease in which the smallest airways in the lung (the bronchioles) become scarred and constricted, blocking the movement of air, was previously identified in flavoring manufacturing workers and microwave popcorn workers who were occupationally exposed to diacetyl (2,3-butanedione) or butter flavorings containing diacetyl. Now, NIOSH research finds that workers at coffee processing facilities may also be at risk.

Friday, January 22, 2016

Chief Judge of NJ Division of Workers' Compensation Announces New Appointments

New administrative appointments have been announced by Hon. Russell Wojtenko, Jr., Director and Chief Judge of Compensation of the NJ Division of Workers' Compensation:
"I am happy  to announce,  with the  approval and consent of Harold  Wirths, Commissioner  of Labor and Workforce Development, effective Monday, January 4, 2016, Judges Emille Cox and Philip Tornetta were appointed Administrative Supervisory Judges for the Division of Workers' Compensation.

Monday, January 18, 2016

Sanders Proposes Universal Health Care: The Path to Federalization


Presidential candidate Bernie Sanders has announced a plan to move forward with a Universal Medical Care program in the US. The concept will absorb the nation's ailing the medical workers' compensation delivery system into a universal care system.

Thursday, January 14, 2016

OSHA schedules public hearing on proposed rule on occupational exposure to beryllium

The Occupational Safety and Health Administration has scheduled a public hearing on the agency's proposed rule to amend its existing exposure limits for occupational exposure in general industry to beryllium and beryllium compounds. The hearing will be held Feb. 29, 2016, in Washington, D.C.

The proposed rule, published on Aug. 7, 2015, would dramatically lower workplace exposure to beryllium, a widely used material that can cause devastating lung disease. This hearing will provide the public an opportunity to testify or provide evidence on issues raised by the proposal.

The hearing will begin at 2 p.m. ET in Room N-4437 A-D, U.S. Department of Labor, 200 Constitution Ave., N.W., Washington, DC. If necessary, the hearing will continue from 9:30 a.m. to 5 p.m. ET on subsequent days in Washington, D.C.

Individuals who intend to present testimony or question witnesses must submit the full text of their testimony and all documentary evidence by Jan. 29, 2016. Submissions may be sent electronically to www.regulations.gov, the Federal eRulemaking Portal. Additionally, submissions may be mailed or delivered; see the Federal Register notice for details.

Currently, OSHA's eight-hour permissible exposure limit for beryllium is 2.0 micrograms per cubic meter of air. Above that level, employers must take steps to reduce the airborne concentration of beryllium. That standard was originally established in 1948 by the Atomic Energy Commission and adopted by OSHA in 1971. OSHA's proposed standard would reduce the eight-hour permissible exposure limit to 0.2 micrograms per cubic meter. The proposed rule would also require additional protections, including personal protective equipment, medical exams, and training.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit www.osha.gov.

Saturday, January 9, 2016

Insurance Company Plans to Track Movements of Workers In The Name Of Safety

A major workers’ compensation insurance carrier is planning to “tag” workers with individual movement trackers in the name of safety. Privacy issues were not addressed in the announcement.

American International Group, Inc. (NYSE:AIG) today announced a strategic investment in Human Condition Safety (HCS), an early-stage technology startup company developing wearable devices, analytics, and systems to improve worker safety.

Friday, January 8, 2016

"Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act" a Corporate Giveaway

The following is a statement from American Association for Justice (AAJ) CEO Linda Lipsen in response to the U.S. House of Representatives passing H.R. 1927, the Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act justice.org.:

“If I said Congress was considering a bill to shield Volkswagen from being held accountable for the fraud on its customers, and then combined it with a bill to protect companies that knowingly poisoned people with asbestos, no one would believe me. But that’s exactly what the House just passed. This is a bill that only helps corporations that killed and cheated people, plain and simple.

Tuesday, January 5, 2016

United States Files Complaint Against Volkswagen, Audi and Porsche for Alleged Clean Air Act Violations

The Department of Justice, on behalf of the Environmental Protection Agency (EPA), today filed a civil complaint in federal court in Detroit, Michigan, against Volkswagen AG, Audi AG, Volkswagen Group of America Inc., Volkswagen Group of America Chattanooga Operations LLC, Porsche AG and Porsche Cars North America Inc. (collectively referred to as Volkswagen).

Monday, January 4, 2016

Preparing for Working In Cold

Today's post is shared from  John Howard, M.D., Director, NIOSH cdc.gov/niosh

Don’t assume there is no need to prepare for working safely in the cold this year, because of the moderate temperatures in much of the country so far. According to the National Weather Service, the long-range weather forecast predicts chillier temperatures than average in January and February in the Southern Plains and the Southeast. Cold weather can bring on health emergencies for people who may be susceptible as a result of their working environment, such as those who work outdoors or in an area that is poorly insulated or without heat.

Monday, December 28, 2015

NJ company cited by OSHA for willfully exposing workers to diacetyl


A Somerset County New Jersey flavoring and fragrance manufacturer exposed workers to respiratory and other workplace safety and health hazards. These exposures have created a new wave of occupation litigation by injured workers and their families.

Thursday, December 24, 2015

Employer Permitted to Use Facebook Photos to Challenge Injured Workers Claims Without Prior Notice

An employer was permitted to utilize photographs taken from Claimant's public Facebook as impeachment evidence without prior notice to Claimant. Public Facebook photographs of Claimant holding her grandson with her injured arm and hand as impeachment evidence against Claimant.

Wednesday, December 23, 2015

The Florida Court Declines Review of Padgett

Today's guest post is authored by The Honorable David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. Contact him at david_langham@doah.state.fl.us. It is shared from his blog lojcc.blogspot.com/

In a brief order dated December 22, 2015, the Florida Supreme Court declined to review Padgett v. State of Florida. This saga began with a Miami Circuit Judge presiding over a case involving an injured worker, Cortes, and his employer, Velda Farms. Those two resolved their differences, but the Florida Workers' Advocates (FWA) and Workers' Injury Law and Advocacy Group (WILAG) had "intervened" in the case, meaning they also became parties.

Should Workers' Compensation Be In The Wellness Business?

A recent study indicate that wellness programs are exceptionally important. Employers and workers' compensation insurance companies would be wise to follow this initiative.

One out of every four dollars employers pay for health care is tied to unhealthy lifestyle choices or conditions like smoking, stress and obesity, despite the fact that most large employers have workplace wellness programs.

Tuesday, December 22, 2015

US Drone Registration Now Open - Free For First 30 days


There has been a lot of interest expressed in the workers' compensation arena over drone use for both occupational work  and surveillance. Last year I took a hands-on course offered by the International Center of Photography (ICP) NYC on how to fly a drone. I can really understand the concerns over the safety, even with the most sophisticated models. It looks a lot easier than it is.

College of Workers’ Compensation Lawyers - Class of 2016



The following distinguished lawyers who were elected as
Fellows of the College of Workers’ Compensation Lawyers in the Class of 2016

Monday, December 21, 2015

CMS Implements SMART Act Functionality for Repayment

The Workers' Compensation community of stakeholders lobbied strenuously through 2012 for revision of the conditional payment process utilized by the Centers for Medicare and Medicaid (CMS). The SMART Act of 2012 codifies the process to comply with the Medicare Secondary Payer Act. CMS has now implemented an on-line process to facilitate reimbursement:

New Study Reports Flavorings Cause Lung Damage

A just published study reports flavoring chemicals in E-Cigarettes: Diacetyl, 2,3-Pentanedione, and Acetoin in a sample of 51 products, including fruit-, candy-, and cocktail-flavored e-cigarettes pose a health risk.

The Harvard Gazette reported that, "Diacetyl, a flavoring chemical linked to cases of severe respiratory disease, was found in more than 75 percent of flavored electronic cigarettes and refill liquids tested by researchers at Harvard T.H. Chan School of Public Health.

Congress extends the Zadroga 9/11 Health and Compensation Act

The United States Congress has voted to extend the James Zadroga 9/11 Health and Compensation Act as part of a major spending bill that now heads to the President’s desk to be signed into law. The bill will extend the World Trade Center Health Program to 2090 and provide full compensation to survivors and first responders through the September 11 Victim Compensation Fund.

Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain

The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announced the opening of a docket to obtain public comment on the draft CDC Guideline for Prescribing Opioids for Chronic Pain (Guideline). The Guideline provides recommendations regarding initiation or continuation of opioids for chronic pain; opioid selection, dosage, duration, follow-up, and discontinuation; and assessment of risk and addressing harms of opioid use.

The Guideline is intended to be used by primary care providers (e.g., family physicians or internists) who are treating patients with chronic pain (i.e., pain lasting longer than 3 months or past the time of normal tissue healing) in outpatient settings. The draft Guideline is intended to apply to patients aged 18 years of age or older with chronic pain outside of palliative and end-of-life care. The Guideline is not intended to apply to patients in treatment for active cancer.

The Guideline is not a federal regulation; adherence to the Guideline will be voluntary.

Dates
Written comments must be received on or before January 13, 2016.

Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain
You may submit comments, identified by Docket No. CDC-2015-0112 by any of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
  • Mail: National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 4770 Buford Highway NE., Mailstop F-63, Atlanta, GA 30341, Attn: Docket CDC-2015-0112.
  • Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to http://regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

For Further Information Contact
Arlene I. Greenspan, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, 4770 Buford Highway NE., Mailstop F-63, Atlanta, GA 30341; Telephone: 770-488-4696.

Supplementary Information
Background
CDC developed the draft Guideline to provide recommendations about opioid prescribing for primary care providers who are treating adult patients with chronic pain in outpatient settings, outside of active cancer treatment, palliative care, and end-of-life care. The draft Guideline summarizes scientific knowledge about the effectiveness and risks of long-term opioid therapy, and provides recommendations for when to initiate or continue opioids for chronic pain; opioid selection, dosage, duration, follow-up, and discontinuation; and assessing risk and addressing harms of opioid use. The draft Guideline identifies important gaps in the literature where further research is needed.

To develop the recommendations, CDC conducted a systematic review on benefits and harms of opioids and developed the draft Guideline using the Grading of Recommendations Assessment, Development, and Evaluation (GRADE) framework. CDC drafted recommendations and consulted with experts on the evidence to inform the recommendations. CDC hosted webinars in September 2015 and also provided opportunities for stakeholder and peer review of the draft Guideline. The Guideline is not a federal regulation; adherence to the Guideline will be voluntary. For additional information on prescription drug overdose, please visit http://www.cdc.gov/drugoverdose/prescribing/guideline.html.

Supporting and Related Material in the Docket
The docket contains the following supporting and related materials to help inform public comment:
The Guideline;

  1. the Clinical Evidence Review Appendix; 
  2. the Contextual Evidence Review Appendix; and 
  3. three documents that comprise the Comment Summaries and CDC Responses 
  • (Constituent Comment Summary, 
  • Peer Review Summary, and 
  • Stakeholder Review Group Summary). 


The Clinical Evidence Review Appendix and the Contextual Evidence Review Appendix include primary evidence, studies, and data tables that were used by CDC to develop the recommendations in the Guideline.

The Constituent Comment Summary reflects input obtained in response to webinars hosted on September 16 and September 17, 2015, during which CDC shared an overview of the development process and draft recommendation statements.

The Stakeholder Review Group Summary also reflects input obtained from stakeholders (comprised of professional and community organizations) following their review of a prior draft of the Guideline.

Finally, the Peer Review Summary reflects input obtained from three scientific peer reviewers following their review of a draft of the full Guideline, along with a summary of comments received and CDC responses.

Dated: December 9, 2015.
Veronica Kennedy,
Acting Executive Secretary, Centers for Disease Control and Prevention.
[FR Doc. 2015-31375 Filed 12-11-15; 8:45 am]


Friday, December 18, 2015

CDC Reports Increases in Drug and Opioid Overdose Deaths in US 2000-2014

Workers' Compensation has experienced the consequences of the national epidemic of drug and opioid deaths. The issue continues to be reported and addressed at the national levels. Unfortunately employers and workers' compensation insurance companies, as cost cost containment item, continue to use this information to merely restrict drug benefits to injured workers while not meeting the real challenge of the epidemic.


The United States is experiencing an epidemic of drug overdose (poisoning) deaths. Since 2000, the rate of deaths from drug overdoses has increased 137%, including a 200% increase in the rate of overdose deaths involving opioids (opioid pain relievers and heroin). CDC analyzed recent multiple cause-of-death mortality data to examine current trends and characteristics of drug overdose deaths, including the types of opioids associated with drug overdose deaths. During 2014, a total of 47,055 drug overdose deaths occurred in the United States, representing a 1-year increase of 6.5%, from 13.8 per 100,000 persons in 2013 to 14.7 per 100,000 persons in 2014. The rate of drug overdose deaths increased significantly for both sexes, persons aged 25–44 years and ≥55 years, non-Hispanic whites and non-Hispanic blacks, and in the Northeastern, Midwestern, and Southern regions of the United States. Rates of opioid overdose deaths also increased significantly, from 7.9 per 100,000 in 2013 to 9.0 per 100,000 in 2014, a 14% increase. Historically, CDC has programmatically characterized all opioid pain reliever deaths (natural and semisynthetic opioids, methadone, and other synthetic opioids) as "prescription" opioid overdoses (1). Between 2013 and 2014, the age-adjusted rate of death involving methadone remained unchanged; however, the age-adjusted rate of death involving natural and semisynthetic opioid pain relievers, heroin, and synthetic opioids, other than methadone (e.g., fentanyl) increased 9%, 26%, and 80%, respectively. The sharp increase in deaths involving synthetic opioids, other than methadone, in 2014 coincided with law enforcement reports of increased availability of illicitly manufactured fentanyl, a synthetic opioid; however, illicitly manufactured fentanyl cannot be distinguished from prescription fentanyl in death certificate data. These findings indicate that the opioid overdose epidemic is worsening. There is a need for continued action to prevent opioid abuse, dependence, and death, improve treatment capacity for opioid use disorders, and reduce the supply of illicit opioids, particularly heroin and illicit fentanyl.

The National Vital Statistics System multiple cause-of-death mortality files were used to identify drug overdose deaths.* Drug overdose deaths were classified using the International Classification of Disease, Tenth Revision (ICD-10), based on the ICD-10 underlying cause-of-death codes X40–44 (unintentional), X60–64 (suicide), X85 (homicide), or Y10–Y14 (undetermined intent) (2). Among the deaths with drug overdose as the underlying cause, the type of opioid involved is indicated by the following ICD-10 multiple cause-of-death codes: opioids (T40.0, T40.1, T40.2, T40.3, T40.4, or T40.6); natural and semisynthetic opioids (T40.2); methadone (T40.3); synthetic opioids, other than methadone (T40.4); and heroin (T40.1). Some deaths involve more than one type of opioid; these deaths were included in the rates for each category (e.g., a death involving both a synthetic opioid and heroin would be included in the rates for synthetic opioid deaths and in the rates for heroin deaths). Age-adjusted death rates were calculated by applying age-specific death rates to the 2000 U.S standard population age distribution (3). Significance testing was based on the z-test at a significance level of 0.05.

During 2014, 47,055 drug overdose deaths occurred in the United States. Since 2000, the age-adjusted drug overdose death rate has more than doubled, from 6.2 per 100,000 persons in 2000 to 14.7 per 100,000 in 2014 (Figure 1). The overall number and rate of drug overdose deaths increased significantly from 2013 to 2014, with an additional 3,073 deaths occurring in 2014 (Table), resulting in a 6.5% increase in the age-adjusted rate. From 2013 to 2014, statistically significant increases in drug overdose death rates were seen for both males and females, persons aged 25–34 years, 35–44 years, 55–64 years, and ≥65 years; non-Hispanic whites and non-Hispanic blacks; and residents in the Northeast, Midwest and South Census Regions (Table). In 2014, the five states with the highest rates of drug overdose deaths were West Virginia (35.5 deaths per 100,000), New Mexico (27.3), New Hampshire (26.2), Kentucky (24.7) and Ohio(24.6).† States with statistically significant increases in the rate of drug overdose deaths from 2013 to 2014 included Alabama, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Mexico, North Dakota, Ohio, Pennsylvania, and Virginia.

In 2014, 61% (28,647, data not shown) of drug overdose deaths involved some type of opioid, including heroin. The age-adjusted rate of drug overdose deaths involving opioids increased significantly from 2000 to 2014, increasing 14% from 2013 (7.9 per 100,000) to 2014 (9.0) (Figure 1). From 2013 to 2014, the largest increase in the rate of drug overdose deaths involved synthetic opioids, other than methadone (e.g., fentanyl and tramadol), which nearly doubled from 1.0 per 100,000 to 1.8 per 100,000 (Figure 2). Heroin overdose death rates increased by 26% from 2013 to 2014 and have more than tripled since 2010, from 1.0 per 100,000 in 2010 to 3.4 per 100,000 in 2014 (Figure 2). In 2014, the rate of drug overdose deaths involving natural and semisynthetic opioids (e.g., morphine, oxycodone, and hydrocodone), 3.8 per 100,000, was the highest among opioid overdose deaths, and increased 9% from 3.5 per 100,000 in 2013. The rate of drug overdose deaths involving methadone, a synthetic opioid classified separately from other synthetic opioids, was similar in 2013 and 2014.

Discussion

More persons died from drug overdoses in the United States in 2014 than during any previous year on record. From 2000 to 2014 nearly half a million persons in the United States have died from drug overdoses. In 2014, there were approximately one and a half times more drug overdose deaths in the United States than deaths from motor vehicle crashes (4). Opioids, primarily prescription pain relievers and heroin, are the main drugs associated with overdose deaths. In 2014, opioids were involved in 28,647 deaths, or 61% of all drug overdose deaths; the rate of opioid overdoses has tripled since 2000. The 2014 data demonstrate that the United States' opioid overdose epidemic includes two distinct but interrelated trends: a 15-year increase in overdose deaths involving prescription opioid pain relievers and a recent surge in illicit opioid overdose deaths, driven largely by heroin.

Natural and semisynthetic opioids, which include the most commonly prescribed opioid pain relievers, oxycodone and hydrocodone, continue to be involved in more overdose deaths than any other opioid type. Although this category of opioid drug overdose death had declined in 2012 compared with 2011, and had held steady in 2013, there was a 9% increase in 2014.

Drug overdose deaths involving heroin continued to climb sharply, with heroin overdoses more than tripling in 4 years. This increase mirrors large increases in heroin use across the country (5) and has been shown to be closely tied to opioid pain reliever misuse and dependence. Past misuse of prescription opioids is the strongest risk factor for heroin initiation and use, specifically among persons who report past-year dependence or abuse (5). The increased availability of heroin, combined with its relatively low price (compared with diverted prescription opioids) and high purity appear to be major drivers of the upward trend in heroin use and overdose (6).

The rate of drug overdose deaths involving synthetic opioids nearly doubled between 2013 and 2014. This category includes both prescription synthetic opioids (e.g., fentanyl and tramadol) and non-pharmaceutical fentanyl manufactured in illegal laboratories (illicit fentanyl). Toxicology tests used by coroners and medical examiners are unable to distinguish between prescription and illicit fentanyl. Based on reports from states and drug seizure data, however, a substantial portion of the increase in synthetic opioid deaths appears to be related to increased availability of illicit fentanyl (7), although this cannot be confirmed with mortality data. For example, five jurisdictions (Florida, Maryland, Maine, Ohio, and Philadelphia, Pennsylvania) that reported sharp increases in illicit fentanyl seizures, and screened persons who died from a suspected drug overdose for fentanyl, detected similarly sharp increases in fentanyl-relateddeaths (7).§ Finally, illicit fentanyl is often combined with heroin or sold as heroin. Illicit fentanyl might be contributing to recent increases in drug overdose deaths involving heroin. Therefore, increases in illicit fentanyl-associated deaths might represent an emerging and troubling feature of the rise in illicit opioid overdoses that has been driven by heroin.

The findings in this report are subject to at least three limitations. First, several factors related to death investigation might affect estimates of death rates involving specific drugs. At autopsy, toxicological laboratory tests might be performed to determine the type of drugs present; however, the substances tested for and circumstances under which the tests are performed vary by jurisdiction. Second, in 2013 and 2014, 22% and 19% of drug overdose deaths, respectively, did not include information on the death certificate about the specific types of drugs involved. The percent of overdose deaths with specific drugs identified on the death certificate varies widely by state. Some of these deaths might have involved opioids. This increase in the reporting of specific drugs in 2014 might have contributed to some of the observed increases in drug overdose death rates involving different types of opioids from 2013 to 2014. Finally, some heroin deaths might be misclassified as morphine because morphine and heroin are metabolized similarly (8), which might result in an underreporting of heroin overdose deaths.

To reverse the epidemic of opioid drug overdose deaths and prevent opioid-related morbidity, efforts to improve safer prescribing of prescription opioids must be intensified. Opioid pain reliever prescribing has quadrupled since 1999 and has increased in parallel with overdoses involving the most commonly used opioid pain relievers (1). CDC has developed a draft guideline for the prescribing of opioids for chronic pain to address this need.¶

In addition, efforts are needed to protect persons already dependent on opioids from overdose and other harms. This includes expanding access to and use of naloxone (a safe and effective antidote for all opioid-related overdoses)** and increasing access to medication-assisted treatment, in combination with behavioral therapies (9). Efforts to ensure access to integrated prevention services, including access to syringe service programs when available, is also an important consideration to prevent the spread of hepatitis C virus and human immunodeficiency virus infections from injection drug use.

Public health agencies, medical examiners and coroners, and law enforcement agencies can work collaboratively to improve detection of outbreaks of drug overdose deaths involving illicit opioids (including heroin and illicit fentanyl) through improved investigation and testing as well as reporting and monitoring of specific drugs, and facilitate a rapid and effective response that can address this emerging threat to public health and safety (7). Efforts are needed to distinguish the drugs contributing to overdoses to better understand this trend.

1Division of Unintentional Injury Prevention, National Center for Injury Prevention and Control, CDC.

Corresponding author: Rose A. Rudd, rvr2@cdc.gov, 770-488-3712.

References

  1. Paulozzi LJ, Jones C, Mack K, Rudd R. Vital signs: overdoses of prescription opioid pain relievers—United States, 1999–2008. MMWR Morb Mortal Wkly Rep 2011;60:1487–92.
  2. Bergen G, Chen LH, Warner M, Fingerhut LA. Injury in the United States: 2007 chartbook. Hyattsville, MD: National Center for Health Statistics; 2008 Available at http://www.cdc.gov/nchs/data/misc/injury2007.pdf Adobe PDF file.
  3. Murphy SL, Xu JQ, Kochanek KD. Deaths: final data for 2010. National vital statistics reports. Hyattsville, MD: National Center for Health Statistics; 2013. Available at http://www.cdc.gov/nchs/data/nvsr/nvsr61/nvsr61_04.pdf Adobe PDF file.
  4. CDC. Wide-ranging online data for epidemiologic research (WONDER). Atlanta, GA: CDC, National Center for Health Statistics; 2015. Available athttp://wonder.cdc.gov.
  5. Jones CM, Logan J, Gladden RM, Bohm MK. Vital signs: demographic and substance use trends among heroin users—United States, 2002–2013. MMWR Morb Mortal Wkly Rep 2015;64:719–25.
  6. Cicero TJ, Ellis MS, Surratt HL, Kurtz SP. The changing face of heroin use in the United States: a retrospective analysis of the past fifty years. JAMA Psychiatry 2014;71:821–6.
  7. CDC. Increases in fentanyl drug confiscations and fentanyl-related overdose fatalities. HAN Health Advisory. Atlanta, GA: US Department of Health and Human Services, CDC; 2015. Available at http://emergency.cdc.gov/han/han00384.asp.
  8. Davis GG. Complete republication: National Association of Medical Examiners position paper: recommendations for the investigation, diagnosis, and certification of deaths related to opioid drugs. J Med Toxicol 2014;10:100–6.
  9. Volkow ND, Frieden TR, Hyde PS, Cha SS. Medication-assisted therapies—tackling the opioid-overdose epidemic. N Engl J Med 2014;370:2063–6.
Rose A. Rudd, MSPH1; Noah Aleshire, JD1; Jon E. Zibbell, PhD1; R. Matthew Gladden, PhD1
* Additional information available at http://www.cdc.gov/nchs/nvss/mortality_public_use_data.htm.
Additional information available at http://www.cdc.gov/drugoverdose/data/statedeaths.html.
§ Additional information available at http://pub.lucidpress.com/NDEWSFentanyl/External Web Site Icon.
¶ Additional information available at http://www.cdc.gov/drugoverdose/prescribing/guideline.html.

Thursday, December 17, 2015

Concussions: Protecting Players

Washington, DC—Professional and amateur sports leagues have finally begun to make key changes to protect players against traumatic brain injuries, largely as a result of major litigation against the National Football League (NFL) and other organizations, according to a new report by the American Association for Justice (AAJ). The civil justice system, through a small number of lawsuits, has driven a radical change in the health care approach to professional and student athletes. The report comes just days before the theatrical release of the movieConcussion, starring Will Smith as Dr. Bennet Omalu, a neuropathologist who first discovered a specific form of brain disease in former NFL players.
A copy of the report and highlights can be found here: http://concussion.justice.org/
“When medical research began to show the long-term impacts of repeated concussions, almost no one did anything. Worse, many, including the NFL, largely denied a problem existed. It was only when injured players took sports leagues, colleges and school districts to court that this serious safety issue was acknowledged and addressed,” said AAJ president Larry A. Tawwater. “If it weren’t for the civil justice system, the leagues would probably still be ignoring this issue, and players and their families would be suffering from more untreated long-term brain injuries.”
The AAJ report, Concussions and the Courthousechronicles decades of concussion incidents in sports from soccer to hockey to football, and the ever-strengthening research on the cognitive effects of repeated brain trauma.
The report shows how high-profile lawsuits against sports leagues, school districts, and colleges finally pushed administrators and the insurance companies that back their organizations to introduce strict protocols and concussion management policies. Most prominently, the lawsuit by former NFL players against the organization forced a dramatic change in attitudes. Sideline concussion protocols, independent spotters and medical examiners, and baseline neurological testing have become common in professional sports.
“Today, we continue this conversation to not only protect those former NFL players, but also all athletes – including millions of children – involved in contact sports, so that they can avoid this public health concern involving repeated head trauma,” said attorney Jason Luckasevic, who brought concussions in sports to international attention when he filed the first two lawsuits against the NFL on behalf of retired players. “I believe there is a need to make sure our athletes are not at increased risk for chronic brain damage as a result of the careless actions of leagues.”
The effects of repeated brain trauma on minors are particularly alarming. In 2006, 13-year-old Zackery Lystedt suffered a concussion during a junior high school football game, and sat out just three plays before returning to the game. He later collapsed and was airlifted to a hospital, where doctors removed portions of his skull to relieve pressure in his brain. It would be nine months before Lystedt could speak again and 13 months before he could move his arms or legs.
“I don’t think people understand the implications of a mismanaged concussion,” said Victor Lystedt, Zackery’s father. “Knowing that this happens to many student athletes, we need to educate as many people as we possibly can. We want people to understand that a concussion is a brain injury. We can’t see them or touch them, but we know that they are catastrophic if not managed correctly.
In 2009, Washington state passed the so-called Zackery Lystedt Law, becoming the first state in the nation to enact a comprehensive youth sports concussion safety law. The law, also known as “When in Doubt, Sit Them Out,” was drafted by Richard Adler, Lystedt’s attorney. Since then, every state except Wyoming has enacted some form of the “When In Doubt, Sit Them Out” law.
“You can’t necessarily prevent brain injuries in sports, but you can prevent the bad outcomes of not treating them properly,” Adler said. “The laws have had a tremendous effect in raising awareness and preventing death and catastrophic losses to families. That’s the greatest thing that’s occurred.”
The AAJ report examines the laws in each of the 50 states on concussions in youth sports. The report calls on all states to pass laws to require that:
  • Students who may have suffered a concussion be cleared by a health professional that is either a licensed physician, or someone trained specifically in Traumatic Brain Injury management;
  • Parents of students who have suffered a concussion are notified; and
  • Medical trainers be present at all games involving collision sports.
The American Association for Justice works to preserve the constitutional right to trial by jury and to make sure people have a fair chance to receive justice through the legal system when they are injured by the negligence or misconduct of others—even when it means taking on the most powerful corporations. Visit http://www.justice.org

Insurance Carrier Subject to Lawsuit for Failing to Reimburse CMS

Workers' Compensation insurance carriers have a duty to reimburse the Centers of Medicare and Medicaid Services for conditional medical payments. Failure to do so may result in a private cause of action by the injured worker or his representative for double damages. Once the lawsuit is filed the workers' compensation insurance company cannot mitigate the double recovery penalty by making payment.

A private cause of action was permitted to go forward seeking double damages by an estate against a workers' compensation insurance carrier for failing to reimburse CMS for conditional medical payments. The District Court, Charles R. Simpson, III , Senior District Judge, held that an issue of fact as to whether insurer did nothing to reimburse Medicare prior to estate's commencement of private action precluded summary judgment.

The Court held that a genuine issue of material fact existed as to whether workers' compensation insurer did nothing to appropriately reimburse Medicare for medical expenses that Medicare had paid for a work-related injury until estate of deceased employee brought private action under the Medicare Secondary Payer Act (MSPA), precluding summary judgment on whether estate was entitled to double recovery under the MSPA. 42 U.S.C.A. § 1395y(b)(3)(A).

"The private cause of action provision allows for damages “in an amount double the amount otherwise provided” – the purpose being to encourage beneficiaries to bring claims even if Medicare has already paid the beneficiaries' expenses. Once a private cause of action claim has been lodged against a defendant, a defendant cannot escape the double damages provided for in that provision by paying single damages to Medicare."

Estate of McDonald v. Indemnity Insurance Company of..., --- F.Supp.3d ---- (2015), CIVIL ACTION NO. 3:12CV–577–CRS, 2015 WL 6997440, Filed April 14, 2015.


Tuesday, December 15, 2015

On Premises Assault by Co-Worker Held Not Compensable

The NJ Appellate Court decided that an assault by a fellow co-worker on the employment premises did not arise out of the employment and was not compensable. In reaching the opinion based on a narrow set of facts, the Court implemented the "Positional Risk Doctrine," rationalizing that the event that triggered the incident was not linked to the employment.

"....The ‘but for’ or positional risk doctrine includes as one of its components the nature of the risk that causes the injury. These include:
(1) The risk distinctly associated with the [e]mployment – all the obvious kinds of injury .... machinery breaking,
(2) Neutral risks – uncontrollable [c]ircumstances that do not originate in the [e]mployment but rather happen to befall the [e]mployee during the course of – acts of God[, s]uch as lightening. Such injuries are [c]ompensable.
(3) Risks personal to the employee – the [p]ersonal proclivities or contacts of the [e]mployee which give rise to the harm"

The assault occurred in the break room, while the employee was sleeping and arose out of pyramid money scheme that was known as a “susu.”

"....that the attack in this case arose from personal motivation and was not attributable to a risk of employment or to uncontrollable circumstances. Had petitioner not been a participant in his assistant's susu, the attack would not have occurred. Once he became involved and questioned his assistant about the “invested” money, he was attacked at a location that just happened to be their place of employment.

Joseph v Monmouth County, DOCKET NO. A–4044–13T3, (N.J. App. Div. 2015), 2015 WL 8547502. (This decision was not approved for publication.)

….

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.

Friday, December 11, 2015

NJ Director Announces Policy on Counsel Fees

The Hon. Russell Wojtenko, Jr., Chief Judge and Director of the NJ Division of Workers' Compensation, has published, what has become, the annual directive on counsel fees. This year the directive strictly reflects the Statute and reaffirms the doctrine of judicial discretion and recites objective criteria to be utilized. No longer are dollar limitations imposed that trigger an elevated standard.
"Counsel fees are governed solely by N .J.S.A. 34: 15-64, applicable case law and applicable New Jersey Administrative Code provisions.
"Thus, judges of compensation have the discretion to award a reasonable counsel fee not to exceed 20% of the award entered.
"When awarding a counsel fee, judges of compensation must consider all the circumstances of the case and the value of the services performed. Judges, at their discretion, may consider an affidavit of services, testimony and/or other information in order to determine a reasonable counsel fee.