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

Friday, September 6, 2013

Ex-NFL Player Loses Workers' Comp Appeal Against Steelers

Today's post was shared by WCBlog and comes from www.law360.com


A former defensive end with the Pittsburgh Steelers football team lost his bid for workers’ compensation Thursday after the Pennsylvania Commonwealth Court found that a 2004 injury that ended his season did not result in a loss of earnings despite his never playing professionally again.

A three-judge panel agreed that testimony from a pair of orthopedic surgeons who treated Ainsley Battles after a season-ending hamstring tear in 2004 proved that the player sufficiently recovered from the injury to continue pursuing his football career prior to his ultimate retirement in 2006.

“Both doctors agreed that claimant’s injury would not prevent him from playing professional football, and neither doctor suggested that claimant’s injury caused a loss in earning power after he completed his rehabilitation,” the court ruled in a decision penned by Judge Mary Hannah Leavitt.

Battles had asked the Commonwealth Court to overturn a decision by the Pennsylvania Workers’ Compensation Appeal Board which found that the Steelers had no duty to pay the player for disability following the injury.

Battles, who previously played for the Jacksonville Jaguars and the Buffalo Bills before signing a one-year contract with the Steelers, tore his hamstring in his first game with the team in September 2004. According to court records, Battles was cleared to...
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Business Groups Call For More Changes To Workers' Compensation Laws

Today's post was shared by WCBlog and comes from northernpublicradio.org


Despite a drop in the rate of workers' compensation insurance, Illinois businesses say the system is still too burdensome.

In 2011, Illinois changed its workers' compensation laws.  The state Department of Insurance, the governor and others say  the changes worked: the workers' comp insurance rate is down 4.5 percent.
Kim Maisch is a lobbyist representing the state association for small, independent businesses.

"We need to go a lot faster towards greater reform, and we certainly need to make sure the politicians know the job is not done," Maisch said.

Maisch says there should be more protections for businesses -- like making workers prove an injury really happened on the job rather than during off hours.

Rep. Dwight Kay (R-Glen Carbon) says Illinois' rates are still too high.

"We still are not competitive with the states around us with regard to reforming our workers' compensation system," Kay said.
Kay says most of the savings comes from paying doctors less for treating injured workers, and he doesn't consider that "reform."

He says Illinois needs to make employees prove an injury happened on the job before forcing a company to pay a settlement.

But his proposed changes didn't gain any traction in the General Assembly.
Unions have fought that change, saying a higher burden of proof is unfair to workers.
Illinois Public Radio's Amanda Vinicky contributed to this report.
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Thursday, September 5, 2013

9th Circuit Vacates MSP Injunction Against CMS for Medicare Reimbursement

The 9th Circuit Court of Appeals has vacated a Federal District Court Order enjoying CMS from seeking reimbursement for Medicare Conditional Payments under the Medicare Secondary Payer Act (MSP).

The Court held that it lacked jurisdiction:

"... we conclude that the
beneficiaries' claim was not adequately presented to the
agency at the administrative level and therefore the district
court lacked subject matter jurisdiction pursuant to 42 U.S.C.§ 405(g) .
***
Federal question jurisdiction does not extend to most
claims arising under the Medicare Act. The Medicare Act
incorporates 42 U.S .C. § 405(h) , which provides:
No findings of fact or decision of the
[Secretary] ... shall be reviewed by
any person, tribunal, or governmental
agency except as herein provided.
No action against the United States,
the [Secretary] ..., or any officer or
employee thereof shall be brought
under section 1331  ... of title 28  torecover on any claim arising under this
subchapter.
42 U.S.C. § 405(h) ; 42 U.S.C. § 1395ii .

****
 "We decline to adopt the extraordinarily broad reading of
Eldridge  that the beneficiaries invite. We conclude that the
named plaintiffs' reimbursement disputes did not provide an
opportunity for the Secretary to consider the claim that her
interpretation of the secondary payer provisions exceeded
her authority. Their requests for redetermination of their
respective amounts of reimbursement did not constitute
presentment of their policy challenge.
***
" We conclude that the beneficiaries' claim was
not presented to the agency. Because presentment is a
jurisdictional requirement under § 405(g) , the district court
lacked subject matter jurisdiction over the beneficiaries'
claim. 
Haro v Sebelius, ___F.3d____, No. 11-16606, 2013 WL 4734032, Decided Sept.4, 2013.

Read prior posting about this case:
May 18, 2011
Haro v. Sebelius, 2010 WL 1452942 (A. Ariz.) CV 09-134 TUC DCB, Decided April 12, 2010.The plaintiffs were permitted discovery beyond the administrative record. The class action is challenging the recovery procedures of ...
May 25, 2011
The MSPRC is still working cases, and the RAR and Demand letters will be mailed out once appropriate revisions have been made." This follows a recent US District Court ruling enjoining CMS's collection procedures. Haro v.

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.

Train Industry Allies in U.S. Senate Move to Delay Deadline for Crash-Prevention Technology

Today's post was shared by FairWarning and comes from www.fairwarning.org


Prodded by railroads, four lawmakers introduce bill to postpone deadline for installing high-tech safety systems.

The systems, known as Positive Train Control or PTC, aim to override human error and avert deadly collisions like the Chatsworth, Calif., commuter train crash that killed 25 people in 2008. Railroads are mandated to have PTC by the end of 2015 on trains carrying passengers or extremely hazardous materials such as chlorine. But, as FairWarning reported last year, the industry has pushed hard to relax the requirement and win more time to add the costly technology.

 Four senators who have received political contributions from the industry recently introduced a bill to extend the deadline another five to seven years, until at least 2020. The National Transportation Safety Board has called for the safety measures for more than two decades. Over the last decade, the agency has investigated 27 train crashes that killed 63 people that it says PTC could have prevented. The Associated Press

Federal poultry inspection proposal based on bad data, investigators say. The U.S. Department of Agriculture relied on incomplete and outdated data for its plan to extend a poultry inspection program to plants across the country, according to a report from the Government Accountability Office. The new procedures, piloted at 29 sites since 1998, let plants dramatically speed up processing lines and replace many government inspectors with poultry company employees, which...
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.

Out of sight, out of mind: Carcinogenic chemical spreads beneath Michigan town

Today's post was shared by FairWarning and comes from www.environmentalhealthnews.org


When state and federal environmental officials visited the tucked-away town of Mancelona, Mich., 15 years ago, their presence surprised local residents.

“My heart and most of my life has been spent here in Antrim County,” said Gary Knapp, a long-time resident. “And I knew nothing of its environmental problems.”While removing metal contamination from local groundwater, officials had stumbled upon one of the nation’s largest plumes of an industrial solvent called trichloroethylene, or TCE.

Drinking-water wells tap into this aquifer, so the state asked the town’s help in preventing the chemical from flowing out of people’s taps.“People were helpless, frustrated and angry,” said Knapp, who was recruited by the state to start a regional water authority.Fifteen years later, the underground plume of the carcinogenic chemical is now six miles long and continues to grow.Over the past decade, new wells have been built and millions of dollars have been spent to ensure the 1,390 residents of Mancelona – known for its deer-hunting contests and bass festivals – aren’t drinking toxic water.

But the TCE swirling beneath this remote, low-income town continues to vex state officials and residents as it creeps toward new wells that Knapp and others dug to replace tainted ones. The plume is another industrial scar in Michigan – one that is seemingly not going away.“There’s no silver bullet to take care...
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.

WOMEN'S SAFETY AND HEALTH ISSUES AT WORK

Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov

Over half the children born in the United States are born to working mothers.1

Many NIOSH studies were done to learn whether women may have reproductive health hazards that may be related to their work environment.

NIOSH Publications

The Effects of Workplace Hazards on Female Reproductive Health
DHHS (NIOSH) Pub. No. 99-104 (1999)
EnEspañol

Related Resources

A longitudinal analysis of total workload and women's health after childbirth
This study involved employed women who were recruited while hospitalized for childbirth. Results included that the time spent on paid and unpaid work was associated with significantly poorer mental health and increased postpartum symptoms during the first year after childbirth.

Earlier age at menopause, work, and tobacco smoke exposure
Among women older than 25, earlier age at menopause was found among all smokers and among service and manufacturing industry sector workers. Women (particularly black women) age 25 to 50 had an increased risk of earlier age at menopause with both primary smoking and second-hand smoke (SHS) exposure. Control of SHS exposure in the workplace may decrease the risk of death and illness associated with earlier age at menopause in US women workers.

Workplace Safety and Women (Podcast) (Running time: 7:41)
This women's health podcast focuses on four important issues for women at work: job stress, work schedules, reproductive health,...
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.

NIOSH Research on Work Schedules and Work-related Sleep Loss

Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov



Yesterday, in honor of National Sleep Awareness Week, we blogged about sleep and work and the risks to workers, employers, and the public when workers’ hours and shifts do not allow for adequate sleep.   This blog provides a brief overview of some of the work that NIOSH intramural scientists are carrying out to better understand these risks and ways to prevent them.

Nurses/Reproduction Issues/Shift Work

NIOSH studies are examining shift work and physical demands with respect to adverse pregnancy outcome among nurses, specifically the association between work schedule and risk of spontaneous abortion, preterm birth, and menstrual function. 

This research was the first to look at shift work and pregnancy in U. S. nurses.  NIOSH researchers are collaborating with the Harvard Nurses’ Health Study, which is the largest, ongoing prospective study of nurses. Results have shown that an increased risk of several reproductive outcomes, including spontaneous abortion, early preterm birth, and menstrual cycle irregularities, are related to shift work, particularly working the night shift. In addition, results show independent effects on reproductive outcomes from long working hours

The study hopes to establish a cohort of over 100,000 female nurses of...
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). 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.