Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Wednesday, December 19, 2012

9/11 Rescue Workers At Increased Risk for Cancer

Rescue and recovery workers at the 9/11 World Trade Center terrorist attack site have been reported to be at greater risk of certain cancers. The study followed a group of workers who have been exposed to toxic dust and fumes following the attack in New York City.

The study published in The Journal of the American Medical Association reported an increased incidence of prostate and thyroid cancers, plus multiple myeloma.

Benefits are available under The Zadroga 9/11 Victims Compensation Fund Benefit Program.  The law was enacted by the US Congress and signed into law by President Barack Obama about 3 years ago.
....
Jon L.Gelman of Wayne NJ, helping injured workers and their families for over 4 decades, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 


Read more about 
The Zadroga 9/11 Victim Compensation Fund Benefit Program

Oct 19, 2012
The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does ...
Feb 16, 2011
On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...
Jun 21, 2011
"The James Zadroga 9/11 Health and Compensation Act of 2010 reopens the September 11th Victim Compensation Fund of 2001 to provide compensation to those who were physically injured or who died in the immediate ...
Feb 24, 2011
The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

Monday, December 17, 2012

Slow Recovery Affects Workers' Compensation Benefits and Costs

Today's post comes from guest author Kit Case from Causey Law Firm.
A Press Release by the National Academy of Social Insurance

WASHINGTON, DC - Workers' compensation benefits declined to $57.5 billion in 2010 according to a report released today by the National Academy of Social Insurance (NASI). The drop in workers' compensation benefits was largely due to a 2.1 percent drop in medical benefits for injured workers. Employers' costs for workers' compensation also fell by 2.7 percent in 2010. As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades.

"As a share of covered wages, employers' costs in 2010 were the lowest in the last three decades."

"Employers' costs as a percent of payroll declined in 43 jurisdictions," said John F. Burton, Jr., chair of the study panel that oversees the report. "This decline is probably due to the slow pace of the recovery, with many jurisdictions still experiencing relatively high unemployment rates."

Workers' Compensation Benefits, Coverage, and Costs, 2010
Total
2010
Change   Since 2009 (%)
Covered workers (in thousands)
124,454
-0.3%
Covered wages (in billions)
$5,820
2.6%
Benefits paid (in billions)
$57.5
-0.7%
Medical benefits
$28.1
-2.1%
Cash benefits
$29.5
0.7%
Employer costs (in billions)
$71.3
-2.7%
Per $100 of Covered Wages
2010
Change   Since 2009 ($)
Benefits paid
$0.99
-$0.03
Medical benefits
$0.48
-$0.03
Cash benefits
$0.51
-$0.01
Employers' costs
$1.23
-$0.06
Source: National Academy of Social Insurance, 2012.

The new report, Workers' Compensation: Benefits, Coverage and Costs, 2010, is the fifteenth in the series that provides the only comprehensive data on workers' compensation benefits for the nation, the states, the District of Columbia, and federal programs. 

"This report represents the first time the Academy has released employers' costs by state."

This report represents the first time the Academy has released employers' costs by state. For a table showing employers' costs for all fifty states and the District of Columbia, refer to Table 12 (page 34).

Most states reported a decrease in the number of workers covered but an increase in covered wages between 2009 and 2010. During the same period, the total amount of benefits paid to injured workers declined in 26 jurisdictions and increased in 25. As a share of payroll, benefits paid to injured workers fell by three cents to $0.99 per $100 of payroll in the nation.

The share of medical benefits for workers' compensation has increased substantially over the last 40 years. During the 1970s medical benefits nationally accounted for 30 percent of total benefits, whereas in 2010 the share of benefits paid for medical care was almost 50 percent. Experts attribute this trend to the rising cost of health care.

Saturday, December 15, 2012

Breast Cancer Linked to Workers' Exposure at Semiconductor Factory

A semiconductor plant worker, who had been exposed to solvents and radiation while working 5 years at a semiconductor factory in South Korea has been held to have suffered an compensable disease related to her exposure at work. The 36 year old women was employed between 1995 and 2000 at plant. Three years after contracting breast cancer she died. Workers' Compensation benefits were awarded.

Recent studies have associated exposure to solvents as an increased risk factor for breast cancer.

"Endocrine disrupting chemicals and carcinogens, some of which may not yet have been classified as such, are present in many occupational environments and could increase breast cancer risk. Prior research has identified associations with breast cancer and work in agricultural and industrial settings. The purpose of this study was to further characterize possible links between breast cancer risk and occupation, particularly in farming and manufacturing, as well as to examine the impacts of early agricultural exposures, and exposure effects that are specific to the endocrine receptor status of tumours."

Breast cancer risk in relation to occupations with exposure to carcinogens and endocrine disruptors: a Canadian case--control study
Environmental Health 2012, 11:87 doi:10.1186/1476-069X-11-87 Published: 19 November 2012


Read more about "Breast Cancer" and occupational exposures:
Dec 05, 2012
Susan G. Komen for the Cure® asked the IOM to review the current evidence on breast cancer and the environment, consider gene–environment interactions, review the research challenges, explore evidence-based actions ...
Nov 23, 2012
"A growing body of scientific evidence suggests that mammary carcinogens and/or EDCs contribute to the incidence of breast cancer. Yet there remain gaps and limitations. This exploratory population-based case–control ...
Mar 18, 2011
Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...
May 29, 2010
"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...

Friday, December 14, 2012

US Dept of Labor Combats Child Labor in Global Supply Chain

The U.S. Department of Labor's Bureau of International Labor Affairs today introduced Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses, the first guide developed by the U.S. government to help businesses combat child labor and forced labor in their global supply chains.

"Encouraging businesses to reduce child and forced labor in their supply chains helps advance fundamental human rights that are at the core of worker dignity, whether here in the U.S. or abroad," Secretary of Labor Hilda L. Solis said in a video message announcing the toolkit.

Many jurisdiction levy fines against employers when children are injured and are have been working in violation of child labor laws.

The free, easy-to-use toolkit was unveiled during an event at Labor Department headquarters for representatives of government, industry, labor and civil society organizations that are at the forefront of efforts to prevent labor abuses in the production of goods. Speakers included Carol Pier, acting deputy undersecretary of ILAB; Eric Biel, acting associate deputy undersecretary of ILAB; and David Abramowitz, vice president of policy and government relations at Humanity United.

The toolkit highlights the need for a social compliance program that integrates a company's policies and practices to ensure that the company addresses child labor and forced labor throughout its supply chain. It provides practical, step-by-step guidance on eight critical elements that will be helpful for companies that do not have a social compliance system in place or those needing to strengthen existing systems. An integrated social compliance system includes: engaging stakeholders and partners, assessing risks and impacts, developing a code of conduct, communicating and training across the supply chain, monitoring compliance, remediating violations, independent review and reporting performance.

ILAB created the toolkit as part of its responsibility under the Trafficking Victims Protection Reauthorization Act of 2005. To access the toolkit, visit
http://www.dol.gov/ChildLaborBusinessToolkit. More information about ILAB and its programs is available athttp://www.dol.gov/ilab.

Read More about "Child Labor" and Workers' Compensation

Sep 14, 2012
The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.
Nov 22, 2011
He has announced that he will offer radical proposals including the elimination of child labor laws. For decades child labor laws and penalties have been integrated into state workers' compensation acts acting as a safety ...
Mar 06, 2012
The US laws for workers' compensation work as a mechanisim to encourage safer working conditions. Additionally, the exploitation of child labor triggers penalties against the employer. The penalties are both civil and ...
May 05, 2011
Eventually he enacted three new laws in these areas: (1) a re-enacted Federal Employers' Liability Act, (2) the Workmans Compensation Act for federal employees, and (3) the Child Labor Act for the District of Columbia.

Privacy: Cell Phone Not Protected From Search

A Federal Court of Appeals has ruled that data stored on a cell is not protected from a governmental search and inspection. Over the last few years the privacy of e-mail was called into question, however the now the permitter of permitted inspection has expanded to include the data store of cell phones, whether it be photos or text.

"We conclude that the Stored Communications Act, which prohibits accessing without authorization a facility through which an electronic communication service is provided and thereby obtaining access to an electronic communication while it is in electronic storage, does not apply to data stored in a personal cell phone."

Fannie Garcia v City of Orlando (No. 11-41118) (5th Cir 2012) Decided 12/12/12


Read more about "privacy"


Workers' Compensation: Privacy: Why Injured Workers Are Stalked ...
Apr 30, 2012
Privacy: Why Injured Workers Are Stalked With Junk Mail and Nuisance Calls. Data sharing is a major problem and its effect on injured workers is becoming more acute. When injured workers contact providers for "more ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Privacy, Clients and Social Media DiscussionApr 14, 2011
Social networking has become a popular topic within the workers' comp community. In this edition of Workers' Comp Matters, host Attorney Alan S. Pierce, welcomes Attorney Jon L. Gelman, to take a look a social networking ...
http://workers-compensation.blogspot.com/

Facebook, Organ Donations and Medical Privacy of Workers ..May 07, 2012
The announcement of Facebook to allow for the public listing of organ donors of it social media site, albiet with good intentions, raises concerns about the privacy of workers' compensation claims as the organs could become ...
http://workers-compensation.blogspot.com/

Major California Medical Record Privacy Breach DisclosedAug 23, 2011
The lack privacy of medical records in workers' compensation claims has perpetually been a huge concern for workers since Congress ignored requests to protect their dissemination. A recent disclosure in California that the ...
http://workers-compensation.blogspot.com/

Thursday, December 13, 2012

Well-documented Expense Records Increase Value of Your M&T Reimbursement

Today's post comes from guest author Michael Furdyna from Pasternack Tilker Ziegler Walsh Stanton & Romano.
While receiving medical treatment related to a workers' compensation case, claimants often have additional expenses such as mileage, fuel costs, transportation fares, and out-of-pocket prescriptions. Yet many claimants don't realize they are entitled to reimbursement for expenses they incur in obtaining treatment. Submitting information related to these expenses is an important part of the workers' compensation process. Problems can arise, however, when incomplete or disorganized information is provided to an insurance carrier. This can result in delays and errors in receiving the proper amount to which they are entitled. Claimants can avoid these sorts of problems with small acts of diligence and record keeping.
Here are a few suggestions:
  • Save your receipts and keep a record of your doctor visits. Keeping a log and saving receipts incurred from specific doctor visits provides a “narrative” that makes it easier to tie together dates and expenses.
  • Make sure to use the correct form. The New York State WCB requires

Monday, December 10, 2012

The New Reality |As goes the Labor market, so goes workers compensation

Paul Krugman
Paul Krugman points out in the New York Times today, that robots are eliminating the labor market. The consrquences of the economic sustainabily of workers compensation may place the entire system into peril.

"As best as I can tell, there are two plausible explanations, both of which could be true to some extent. One is that technology has taken a turn that places labor at a disadvantage; the other is that we’re looking at the effects of a sharp increase in monopoly power. Think of these two stories as emphasizing robots on one side, robber barons on the other."

Robots and Robber Barons