World Trade Center Health Program Scientific/Technical Advisory Committee To Meet

World Trade Center Health Program Scientific/Technical Advisory Committee (WTCHP STAC or Advisory Committee), National Institute for Occupational Safety and Health (NIOSH) In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC), announces the following meeting of the aforementioned committee:

Committee Public Meeting Times and Dates: (All times are Eastern Standard Time) 

• 8:15 a.m.-5 p.m., November 9, 2011, 
• 8 a.m.-12 p.m., November 10, 2011. 

Public Comment Times and Dates: (All times are Eastern Standard Time) 

• 3:15 p.m.-4:15 p.m., November 9, 2011,
• 8:15 a.m.-9:15 a.m., November 10, 2011.

Place: Jacob K. Javits Federal Building, 26 Federal Plaza, New York, New York, 10278.

Background: The Advisory Committee was established by Public Law
111-347 (The James Zadroga 9/11 Health and Compensation Act of 2010, Title XXXIII of the Public Health Service Act), enacted on January 2, 2011 and codified at 42 U.S.C. 300mm-300mm-61.

Purpose: The purpose of the Advisory Committee is to review scientific and medical evidence and to make recommendations to the World Trade Center (WTC) Program Administrator regarding additional WTC Health Program eligibility criteria and potential additions to the list of covered WTC-related health conditions. Title XXXIII of the Public Health Service Act established within the Department of Health and Human Services (HHS), the World Trade Center (WTC) Health Program, to be administered by the WTC Program Administrator. The WTC Health Program provides: 

(1) Medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are Federal employees) who responded to the September 11, 2011, terrorist attacks, and 

(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City, who were directly impacted and adversely affected by such attacks (``survivors'').

Matters to be Discussed: The agenda for the Advisory Committee meeting includes: WTC Health Program Overview; Panel Presentations from WTC Responders and Survivors; Presentations from WTC Health Program Medical Monitoring and Treatment Programs and Health Registry; and discussion regarding ways and means of accomplishing the committee's work.

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• What made people sick? Dust and aerosols at Ground Zero [The Pump Handle] (scienceblogs.com)
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Occupational Injuries Reported at Lowest Level Since 2003

US BLS: (10/20/11) The total recordable cases nonfatal occupational injury and illness incidence rate among private industry employers declined in 2010 to 3.5 cases per 100 workers--its lowest level since 2003 when NAICS-based estimates from the Survey of Occupational Injuries and Illnesses were first published.


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Secretary of Labor Hilda L. Solis issued the following statement:

"We are encouraged by the reported decline in incidence rates for workplace injuries and illnesses, which is reflective of the joint effort of government, business, unions and other organizations. Nevertheless, 3.1 million injuries and illnesses in the workplace is too high. Serious injuries and illnesses can knock a working family out of the middle class. Workers should not have to sacrifice their health and safety to earn a paycheck.

"We remain concerned that more workers are injured in the health care and social assistance industry sector than in any other, including construction and manufacturing, and this group of workers had one of the highest rates of injuries and illness at 5.2 cases for every 100 workers. The Department of Labor's Occupational Safety and Health Administration will continue to work with employers, workers and unions in this industry to reduce these risks.

"Illness and injury rates for public sector workers also continue to be alarmingly high at 5.7 cases for every 100 workers, which is more than 60 percent higher than the private sector rate. We must continue to work with state and local governments to ensure the safety of our public employees.

"A report like this also highlights the importance of accurate record keeping. Employers must know what injuries and illnesses are occurring in their workplaces in order to identify and correct systemic issues that put their workers at risk. We are concerned with poor record-keeping practices and programs that discourage workers from reporting injuries and illnesses. That's why OSHA is working hard to ensure the completeness and accuracy of these data, which are compiled by the nation's employers.

"As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth. Let's all remember that no job is a good job unless it is also a safe job."

Related articles

• Census of Fatal Occupational Injuries Summary, 2010 (workers-compensation.blogspot.com)
• The Need to Incorporate Occupational Histories Into Electronic Medical Records (workers-compensation.blogspot.com)
• Public Sector Workers Much More Likely to Get Sick, Hurt at Work (blogs.wsj.com)
• Workplace Homicides And Suicides Fell in 2010 (blogs.wsj.com)
• Worker-On-Worker Violence Among Hospital Employees (workers-compensation.blogspot.com)

Trench Safety a Focus of NIOSH

Working in a trench is a dangerous occupation, especially when working with old structures. NIOSH has refocussed on this concern this week and published Preventing Worker Death From Trench Cave-ins.

I was in New York City this week and watched two workers as they attempted to excavate on the street near Lincoln Center (see photo). One worker was digging shovel-by-shovel below ground as the worker above ground kept pounding the tops of large boards into the earth with the end of his shovel to act as walls to restrain the side from falling in. Pipes in NYC under the ground are old and many contain asbestos fiber. There were absolutely no pulmonary precautions being observed. 

Recently NJ Courts have held that trench accidents were not a mere fact of industrial life and were beyond intent of Act's immunity provision. A claim was permitted directly against the employer in addition to the workers' compensation action. Van Dunk v. Reckson Associates Realty Corp., 415 N.J.Super. 490 (N.J.Super.A.D. Aug 30, 2010), Certification Granted by 205 N.J. 81 (N.J. Jan 27, 2011).

"Workers who dig or excavate trenches are at risk of death if they enter an unprotected trench and the walls collapse. However, hazards associated with trench work and excavation are well defined and preventable. The OSHA standard for excavation and trenching, known as 29 CFR* 1926 Subpart P, describes the precautions needed for safe excavation work."

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• The Culture of Workers Compensation Needs to Change (workers-compensation.blogspot.com)
• Employer Co-Op Pays OSHA Fines after 26 Industry Employee Deaths (workers-compensation.blogspot.com)

Social Security 2012: The Good News and The Bad News

The good news is the announcement by Social Security that the rate of payment will increase 3.6% The bad news that Part B Medicare premiums will offset the payment.

Monthly Social Security and Supplemental Security Income (SSI) benefits for more than 60 million Americans will increase 3.6 percent in 2012.

The 3.6 percent cost-of-living adjustment (COLA) will begin with benefits that nearly 55 million Social Security beneficiaries receive in January 2012. Increased payments to more than 8 million SSI beneficiaries will begin on December 30, 2011.

The Social Security Administration also noted that for some beneficiaries, the increase in Social Security benefits next year “may be partially or completely offset by increases in Medicare premiums.”

For an in depth analysis read the NY Times article.

Click here for PBS News Hour coverage.

Related articles

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• The Culture of Workers Compensation Needs to Change (workers-compensation.blogspot.com)
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• Workplace Stress Labeled Back Death of the 21st Century (workers-compensation.blogspot.com)

The Culture of Workers Compensation Needs to Change

Workers' Compensation has become a "scapegoat" for a failing American economy. As David J. DePaolo points out in his recent blog, industry has raised the banner of reform in an effort to save dollars rather than to save workers' and their lives.

The financial reports this week from the business rating agencies reflect a deepening crisis of the economic integrity of the entire workers' compensation system nationally. The financial downturn has resulted in an estimated 11% predicted falloff in the collection of premiums. Workers' Compensation should not be turned into a great Ponzi scheme where it cannot meet its obligations and collapses.

Meanwhile as the system fails to be funded, medical delivery expenses and pharmaceutical expenditures soar with the advent of  more individualized medical treatment protocols based on genetic targets as better science becomes available. Likewise, the withdrawal of medical treatment under the claim of saving dollars has de-railed the system even further. NCCI reports that workers' compensation is on drugs. Pain medical expenditures have soared as the program fails to provide treatment necessary to cure conditions. Workers have become expendable as cheap and unskilled labor is now plentiful  around the world.

Safety is considered an unnecessary expense as evidenced by the homebuilders, who decry OSHA safety regulations. Workers' compensation numbers have become a statistic, reporting the failure of safety in the workplace rather than a factor in protecting workers and saving lives.

The social movement, "Occupy Wall Street," mirrors the 99% who labored to build American. They are outraged.

The century old experiment of workers' compensation should not be a culture based upon dollars alone. Americans are creative and industrious. The country can have both, safe jobs and a robust economy. The workers' compensation system's culture must change if the century old  promised agreement between Labor and Industry is to survive.

Related articles

• Occupy Wall Street And The Future Of Workers Compensation (workers-compensation.blogspot.com)
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Scientific Evidence and The Court

Last week the Third Edition of The Reference Manual on Scientific Evidence (2011) was published by The National Research Council and The Federal Judicial Center.

"The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used.

"First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict.

"The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.

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Florida, Oxycodone Trafficking, Workers Compensation and Blame

The announcement by the US Attorney in Florida of the indictment today of 24 individuals for trafficking Oyxcodone puts a cloud over the claims that the workers compensation system is to blame. With the alleged bad apples caught, the announcement should refocus concern not on the work comp system, but rather on those outsiders who attempt to prey on it for personal gain. 

If anything, the system needs more safeguards to protect both the injured workers as well as the taxpayers. Pending legislation in Florida that restricts prescribed medications in workers' compensation claims only emasculates the social remedial benefit program further forcing the disabled to seek help outside the system. Why blame the victims and punish them.

"Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark R. Trouville, Special Agent in Charge, Drug Enforcement Administration (DEA), Christopher B. Dennis, Special Agent in Charge, Health and Human Services, Office of Inspector General (HHS-OIG), José A. Gonzalez, IRS Special Agent in Charge, Director James K. Loftus, Miami-Dade Police Department, Al Lamberti, Sheriff, Broward Sheriff’s Office, and H. Frank Farmer, M.D., State Surgeon General, Florida Department of Health (DOH), announced the unsealing of a federal indictment charging twenty four defendants for their participation in, among other things, conspiracy to distribute oxycodone and oxymorphone, and conspiracy to defraud Medicare. Twenty-one of the defendants, including a doctor, a pharmacist and two pain clinic operators are currently in custody after a multi-agency takedown was executed early this morning. Three defendants, Hattie Mae Green, Eliezer Salgado and Ronald Regains, remain at large.

Researchers from the Centers for Disease Control and Prevention report that Schedule II prescription painkillers, like oxycodone, today cause more drug overdose deaths than cocaine and heroin combined. Oxycodone and other Schedule II drugs have a high potential for abuse and can be crushed and snorted, or dissolved and injected, to get an immediate high. This abuse can lead to addiction, overdose, and sometimes death.

The nine-count indictment, filed on September 30, 2011 and unsealed today, charges all defendants with conspiracy to possess with intent to distribute controlled substances, namely oxycodone and oxymorphone (Count 1), and conspiracy to commit health care fraud (Count 9). Several of the defendants also face substantive charges of possession with intent to distribute controlled substances (Counts 2-6, 8), and attempted possession of controlled substances (Count 7).

Charged in the indictment are Aiman Izzedin Aryan, 40, of Pinecrest, Emerson Carmona, 40, of Miami,Frank J. Ballesteros, M.D., 57, of Miami, Gerardo Gomez, 38, of Miami, Juan De Dios Gomez, 40, of Miami, Danay C. Manso, 22, of Miami, Danilo Falcon, 38 of Miami, Eliezer Salgado, 29, of Hialeah,Francisco Hernandez, 57, of Miami, Leroy Paige, 49, of Madison, Alyssa Lyn Paige, 32, of Madison,Cynthia Suzette Adderley, 53, of Ft. Pierce, Victor D. Alexander, 50, of Ft. Lauderdale, Aaron Lamar Allen, 44, of Ft. Lauderdale, Henry Louis Conley, Jr., 53, of Miami, Hattie Mae Green, 53, of Miami,Petronella Smith Howard, 52, of Ft. Pierce, Eric Fyke Miller, 42, of Ft. Lauderdale, Annie Mims Simmons, 72, of Miami, Bobbie Lee Anderson, 58, of Gifford, Denise Darcelle Dardy, 48, of Miami, Margaret Marie Elliott, 54, of Ft. Pierce, Billy Joe McCoy, 53,of Ft. Pierce, and Ronald Regains, 56, of Ft. Lauderdale.

U.S. Attorney Wifredo Ferrer stated, “According to recent estimates, Florida prescribes ten times more oxycodone pills than all other states combined. Each day, individuals die from prescription drug overdoses. To stop this drug epidemic, we have previously charged clinic owners, operators, and doctors who deal drugs while hiding behind a medical license. Today, we have focused our efforts on those pharmacies who are churning out pills that are fraudulently prescribed at area pain clinics. We will continue to tackle South Florida’s pill mill epidemic from all angles and at all levels to eradicate these drug dealing organizations.”

DEA Special Agent in Charge Mark R. Trouville said, “The Drug Enforcement Administration continues its relentless attack on those who supply the prescription drug epidemic in our country, state, and local communities. With today’s arrests, twenty four people will no longer add to this drug problem.”

“Today’s multi-agency operation makes clear that drug trafficking and health care fraud make for a vile combination that simply cannot be tolerated,” said Christopher B. Dennis, Special Agent in Charge for the HHS-OIG region based in Miami. “Schemes to steal from taxpayers to pay for highly addictive, highly profitable street drugs , as the government alleges in this case, will trigger investigation and prosecution.”

“The Internal Revenue Service will continue to provide its financial investigative expertise to further the prosecution of criminals, especially those involved in complex financial schemes,” said IRS Special Agent in Charge Jose Gonzalez.

“The trafficking of oxycodone and oxymorphone has seeped into our community and extends beyond the borders of Miami-Dade County. We stand committed to working with our state and federal partners in the ongoing effort to apprehend these drug dealers who are destroying lives with their criminal behavior,” said Miami-Dade Police Department Director James K. Loftus.

“Through operations like this one, prescription drug peddlers are getting the message that pill pushing is no longer tolerated in Florida,” Broward Sheriff Al Lamberti said. “Federal and local enforcement efforts have turned the tide but we need to keep up the good work.”

“The Florida Department of Health has been diligently working with our law enforcement partners to identify unscrupulous practitioners who are inappropriately prescribing controlled substances,” stated Florida Surgeon General Dr. Frank Farmer. “When DOH learns that a practitioner is not following the law, we suspend that practitioners license. We will aggressively continue to fight the prescription drug problem in Florida.”

According to the indictment, from as early as November 2007 September 2011, defendants Gerardo Gomez, Juan De Dios Gomez, and Danay C. Manso operated and utilized pain clinics in Miami-Dade and Broward Counties. These pain clinics housed physicians, including defendant Frank J. Ballesteros, M.D., who would fraudulently prescribe oxycodone and oxymorphone for co-conspirator beneficiaries of Medicare and other prescription drug insurance plans. The beneficiaries would then present the fraudulent prescriptions obtained from the Gomezes’ pain clinics at complicit pharmacies operated by defendants Aiman Izzedin Aryan and Emerson Carmona. Once the prescriptions were filled, Aryan and Carmona would bill Medicare, and other insurers, for the cost of the prescriptions, knowing that the drugs were medically unnecessary and were being re-sold by the beneficiaries.

Defendants Leroy Paige, Alyssa Lyn Paige, Cynthia Suzette Adderley, Victor D. Alexander, Aaron Lamar Allen, Henry Louis Conley, Jr., Hattie Mae Green, Petronella Smith Howard, Eric Fyke Miller, and Annie Mims Simmons facilitated the drug-trafficking and health care fraud conspiracies by recruiting the corrupt health insurance beneficiaries to visit the Gomezes’ pain clinics and Dr. Ballesteros. Often, these recruiter defendants further participated by transporting the beneficiaries to the pain clinics to obtain the prescriptions and then to the pharmacies where they were filled. At the pharmacies, these defendants would receive and take control of the drugs from the beneficiaries. Once these defendants had the drugs, they would distribute them to Gerardo Gomez, Juan De Dios Gomez, Danilo Falcon, and Eliezer Salgado.

Defendants Bobbie Lee Anderson, Denise Darcelle Dardy, Margaret Marie Elliott, Billy Joe McCoy, and Ronald Regains were beneficiaries who posed as patients to obtain the fraudulent prescriptions for oxycodone and oxymorphone, which they then sold.

The indictment contains a forfeiture allegation seeking approximately $40,000,000 which is listed as the amount of proceeds derived by the defendants from the drug trafficking offenses charged in Counts 1 to 8 of the indictment.

If convicted, the defendants face a statutory maximum penalty of 20 years in prison on Counts 1 to 8, and a statutory maximum penalty of 10 years in prison on Count 9.

Today’s case, named Operation Gotham, is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.

Mr. Ferrer commended the DEA, the HHS-OIG, the IRS, the Miami-Dade Police Department, the Broward Sheriff’s Office, and the Florida Department of Health, for their work on Operation Gotham. This case is being prosecuted by Assistant U.S. Attorney Dwayne E. Williams.

An indictment is only an accusation and the defendants are presumed innocent until proven guilty.

Attachments:
Indictment (PDF)
A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at http://www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida athttp://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.

Related articles

• Doctor, drug dealer, and pharmacist charged in Oxycodone scheme (philly.com)
• The Top 10 Drugs Prescribed For Workers Compensation Claims (workers-compensation.blogspot.com)
• Rogue pharmacies banking on oxycodone (cbsnews.com)
• Oxycodone toll in Florida spotlights prescription drug dangers (cbsnews.com)