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

Friday, July 27, 2012

Physicians Petition to Limit Opioid Abuse

Pharmaceutical reform has been a major topic of interest and reform efforts nationally in the workers' compensation arena. More particularly the alledged abuse of opioids have received particular attention. Several physicians have petitioned the FDA to change labeling requirements for such products.



"SPECIFIC ACTIONS REQUESTED FOR CHANGES TO OPIOID ANALGESIC LABELS:
1. Strike the term “moderate” from the indication for non-cancer pain.
2. Add a maximum daily dose, equivalent to 100 milligrams of morphine for non-cancer pain.
3. Add a maximum duration of 90-days for continuous (daily) use for non-cancer pain."


This effort appears to be yet another step in targeting distribution. It remains to be seen what will ultimately be the beneficial resolution to balance all stakeholders interests. The issue is indeed complicated. The efforts to reform pharmacuetical use is a tough balancing act. The ulterior motive of cost savings and profits generates sensationalism, but what makes good medical sense and what benefits the patient should not go unnoticed. 


Related Articles on Opiods

May 24, 2012
A recent Texas case holding an employer liable holding an employed liable for a fatal opioid overdose arising out of work-related event highlights again that, the workers' compensation medical delivery system just isn't ...

International Business Expands Profits of Liberty Mutual



 Liberty Mutual Holding Company Inc. and its subsidiaries (collectively “LMHC” or the “Company”) today reported net income of $139 million and $598 million for the three and six months ended June 30, 2012, increases of $318 million and $413 million over the same periods in 2011. 
“Second quarter premium growth of 8% was driven by continued momentum in U.S. personal lines, rate increases in U.S. commercial lines, and robust international results despite significant strengthening of the dollar,” said David H. Long, President and CEO of Liberty Mutual Insurance. “Additionally our profitability improved significantly in the quarter despite catastrophe losses continuing to run at an elevated level. The quarter was a busy one, including a significant debt restructuring, the sale of our Argentina workers compensation company, assimilation of KIT in Russia, and gaining approval to begin writing business in India.” 

And continues to argue for increased higher US rates:
"Liberty Mutual’s chief executive left no doubt on where he believes the blame lies for inadequate workers’ compensation rate levels, criticizing states—New York and Massachusetts in particular—for not approving steeper increases."
Read the complete article:
Liberty’s Long Faults States on Workers’ Comp Rates; Q2 Profit Positive (Property Casualty 360)


More articles about Liberty Mutual
May 06, 2009
Liberty Mutual reported that its 1st Quarter profits fell 92%. The company sustained loss of net income. This it reported $28 Million and the same quarter last year it had reported $360 Million in income. Liberty Mutual sustained ...
Sep 29, 2008
Standard and Poor's has announced that Liberty Mutual's rating has been lowered from A to A-. This happened as another rating agency, Fitch, placed Liberty Mutual Inter-company Pool (on "Rating Watch Evolving" status.
Sep 30, 2009
In an amended complaint filed last week in the Federal Court in Chicago (USDCT N.D. Ill.), AIG alleged that Liberty Mutual and Hartford/ACE entered into a conspiracy to underreport their premiums. Premium calculations ...
Dec 13, 2008
Liberty Mutual was permitted to "pierce the corporate veil." The Court declared, "...To do otherwise would be to condone a ... LIBERTY MUTUAL INSURANCE COMPANY v. CIPRIANO. Decided Dec. 10, 2008. Posted by Jon L.


Thursday, July 26, 2012

Who Thought That This Would Be The Last Generation to Retire?

If  retirement is going to become history in the US, state legislatures may need to consider the age cap to workers' compensation benefits that is becoming an all too trendy reform concept. The employment landscape in the US is rapidly changing, and  retirement maybe going by the boards, but workers' compensation planners may have inadvertently designed reforms that terminate benefits pre-maturely.


The Alliance for Retired Americans has now initiated a campaign to alert workers throughout the nation that benefits maybe the target of a takeback effort by the U.S. Congress as the year and budget process wraps up.


Some anticipated revisions that are expected to be offered in lieu of statutory cuts are  the following:




  • Raising the Social Security age to 70
  • Reducing the Cost of Living Adjustments (COLA)
  • Raising the Medicare eligibility age to 67
  • Cutting the Medicaid funding that helps seniors afford long-term care
  • Taking away traditional Medicare benefits, leaving seniors at the mercy of insurance companies.
  • Related Blogs on the Aging Workforce and Retirement

    Jul 07, 2012
    As some jurisdictions cut off workers' compensation benefits based on age, the burden of providing elder care will even increase more significantly in the years ahead. Click here to read the article: "New Numbers on Elder ...
    Jun 19, 2012
    Section 440.15(1)(b), Florida Statutes (2003), classifies the entitlement to PTD benefits by age of the claimant, providing:. . . If the accident occurred on or after the employee reaches age 70, benefits shall be payable during ...
    Jan 20, 2011
    Susan M. Collins (R-Maine) has asked for an investigation by the Government Accounting Office to determine if too many Federal employees of retirement age are receiving workers' compensation benefits. She stated, ""I am ...
    Apr 22, 2009
    "Effective immediately [April 21, 2009] , submitted rated ages that do not conform to CMS' standards for acceptable proof of Rated Age, which includes being independent, on the letterhead of an insurance carrier or settlement ...

    Wednesday, July 25, 2012

    Parking Constitutes Arrival at Work

    The employee parking lot on the campus of the ...
     (Photo credit: Wikipedia)
    A NJ Court of Appeals in a definitive statement about off-premises injuries, strongly affirmed the rule that when an employee arrives at am employer designated parking lot, the employee arrives at work. Even though the employee had exited the vehicle, and was injured while on a public street, the employer was held liable for the injuries under the workers' compensation act.

    "Hence, we agree with the judge that when petitioner parked her car in the assigned garage, she was not coming to work, she had arrived there."

    Sunday, July 22, 2012

    Join Us On LinkedIn: The Injured Workers Law & Advocacy Group

    The Injured Workers Law & Advocacy Group is an open and free LinkedIn group that provides news and open discussions concerning national workers' compensation trends. 


    The group is maintained for academic purposes to facilitate national policy discussions. Multiple news feeds and discussion postings are available free of charge.


    Click here to join now.

    Saturday, July 21, 2012

    Welcome, sulfur dioxide...not

    Emissions from the Valero refinery in Port Arthur, Texas
    ( Photo by Mike Breaux) ENS
    Welcome, sulfur dioxide
    Hello, carbon monoxide
    The air, the air
    Is everywhere
    HAIR, The Broadway Musical


    A Federal Court of Appeals ruled against several states and state regulatory agencies, together with corporations and industrial associations, who petitioned for review of the Environmental Protection Agency’s rule entitled “Primary National Ambient Air Quality Standard for Sulfur Dioxide,” and of the subsequent denial of their petitions for reconsideration of the standard.

    The petitioners contended, first, that EPA failed to follow notice-and-comment rulemaking [ 
    75 Fed. Reg. 35520 procedures, and second, that the agency arbitrarily set the maximum sulfur dioxide (SO2) concentration at a level lower than statutorily authorized. National Environmental Development v. EPA, No. 10-1252, (Cir Ct App DC) Decided July 20, 2012

    See also:  Texans Sickened by 'Accidental' Gas, Oil, Chemical Emissions


    OSHA cites Bloomfield NJ contractor for fall hazards - $89,110

    Diana Cortez
    OSHA Area Director
    The U.S. Department of Labor's Occupational Safety and Health Administration has cited Allied Brothers Construction Inc. of Bloomfield, N.J., for alleged repeat and serious violations of workplace safety standards at a Montebello, N.Y., work site. The contractor faces a total of $89,100 in proposed fines. OSHA's Tarrytown Area Office opened an inspection of the residential construction site on Ryan Mansion Drive in February after receiving reports of fall hazards.

    "What we found at this work site were hazards unacceptably similar to those cited during prior inspections at the employer's other sites," said Diana Cortez, OSHA's area director in Tarrytown. "It's clear that this employer must take effective action to enhance worker safety and eliminate such potentially deadly hazards at all of its work sites."

    OSHA found employees exposed to falls of up to 13 feet while working without protection atop roofs, and while accessing and exiting roofs using ladders that did not extend at least 3 feet above the landing for proper stability. Allied Brothers Construction also allowed its employees to work without first receiving necessary training to recognize and avoid such hazards. Between 2007 and 2012, OSHA cited this company for similar hazards at work sites in New Milford, Oradell, Patterson, Rutherford and Upper Saddle River, N.J. As a result, OSHA issued has citations in the current case with $79,200 in proposed fines for four repeat violations. A repeat violation exists when an employer has been cited previously for the same or a similar violation of a standard, regulation, rule or order at any other facility within the last five years.

    OSHA also has issued citations with $9,900 in fines for three serious violations involving an improperly rigged fall arrest system, an unguarded belt and pulley on a compressor, and the use of a defective ladder. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

    In April, Secretary of Labor Hilda L. Solis announced a campaign to provide employers and workers with lifesaving information and educational materials about working safely from ladders, scaffolds and roofs in an effort to prevent deadly falls in the construction industry. OSHA's fall prevention campaign was developed in partnership with the National Institute of Occupational Safety and Health and NIOSH's National Occupational Research Agenda program. More detailed information on fall protection standards is available in English and Spanish at http://www.osha.gov/stopfalls.

    "In 2010, there were more than 250 fall fatalities in construction in this country. Such deaths are preventable," said Robert Kulick, OSHA's regional administrator in New York. "There are three key steps to preventing falls: plan ahead to get the job done safely, provide the right equipment and train everyone to use the equipment safely. Failure to follow these steps can result in deadly or disabling injuries to workers."

    Allied Brothers Construction Inc. has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.

    Related Blog Posts

    Apr 26, 2012
    The U.S. Department of Labor's Occupational Safety and Health Administration has cited retail clothing chain Forever 21 Inc. with two repeat and five serious safety violations at its store in the Bridgewater Mall. OSHA opened ...
    Jun 21, 2012
    The U.S. Department of Labor's Occupational Safety and Health Administration has cited trucking company Alabama Motor Express Inc. in Ashford for 17 safety violations. OSHA opened an inspection in March under the ...
    Jun 11, 2012
    The company has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and proposed penalties before the independent Occupational ...
    May 11, 2012
    UniFirst Corp., which employs 35 workers at the West Caldwell facility, has 15 business days from receipt of the citations to comply, request an informal conference with the OSHA area director, or contest the citations and ...