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

Friday, July 27, 2012

Duration of Temporary Disability Payments Increasing

NCCI Holdings Inc. reports the duration of the average payment of workers' compensation temporary disability benefits is increasing.


When a worker is temporarily disabled as a result of a work-related injury so that he or she is unable to perform his job, the worker is entitled to temporary compensation benefits. If an employee is not absent from work, temporary compensation benefits are not payable.  An employee may be entitled to multiple periods of temporary disability benefits as a result of a particular injury. When there is a dispute with regard to the payment of temporary disability benefits and the respondent-employer has contested their payment either from the date of the accident or following the termination of medical care, the employee may look to the State or to a private temporary disability carrier for payment.

New Jersey standards for temporary disability benefits:
Temporary Disability
  • When out of work and under authorized medical care for more than 7 days (retroactive), you are entitled to receive temporary disability benefits not to exceed 70% of the State Average Weekly Wage (SAWW).
  • Authorization to return to “light duty” is interpreted by the Courts as a return to full time employment and temporary disability benefits will stop. If you remain under medical care and if your employer does not have “light duty” work available you may be entitled to continued temporary disability benefits.

....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.



Related Articles on Temporary Disability Benefits

Jan 29, 2012
Universally workers' compensation temporary disability benefits are set calculating wages at the time of the accident. If an employer miscalculates an employee's wages then the payment of temporary disability benefits paid...
Jul 19, 2012
This amount, not the $400 basic wage, should be used to compute for his benefits, thus yielding an additional $50 per week in Temporary Total Disability benefits. Additional items of value are also included as part of the...
Feb 06, 2012
A NJ Appellate Court upheld that a trial judge's ruling that a decision of the Social Security Administration awarding total disability beenfits did not terminate a workers' compensation order for temporary disability payments.
Apr 10, 2012
Temporary disability plans and major medical plans act as coverage for loss time and treatment. Employee are willing to fore go permanent disability inorder to get certain and immediate medical care and lost time benefits.

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