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

Saturday, September 14, 2013

N.Y. AG announces order against major tobacco companies

Today's post was shared by Legal Newsline and comes from legalnewsline.com


New York Attorney General Eric Schneiderman announced Thursday that a panel of arbitrators threw out an $800 million claim brought by major tobacco companies against New York state.
Schneiderman

The arbitrators ordered the tobacco companies, known collectively as Big Tobacco, to pay New York state more than $92 million in money the companies allegedly withheld from their 2003 annual payment due under the 1998 tobacco Master Settlement Agreement. The arbitration panel rejected Big Tobacco’s demand for a significant reduction in its annual payment to New York.

The claim alleged that New York state was not in full compliance with agreement obligations related to the taxation of cigarettes to or on Indian reservations. Consequently, Big Tobacco alleged the state was not entitled to its complete payment. The arbitrators denied the claim, which could protect the state from billions of dollars in future claims.
“This ruling is a huge victory for all New Yorkers, and I applaud the panel for denying Big Tobacco’s efforts to avoid responsibility for illnesses caused by cigarettes-and paid for by taxpayers,”

Schneiderman said. “Big Tobacco companies contribute to the deaths of thousands of people every year, in large part by luring more and more young people onto cigarettes. Finally, these companies will be required to reimburse the state for money spent treating New Yorkers made ill by their deadly product.”
In...
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Exxon Mobil subsidiary charged for wastewater spill in Pennsylvania

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


Photo source or descriptionPennsylvania Attorney General Kathleen Kane [official website] filed criminal charges on Tuesday against XTO Energy, an Exxon Mobil [corporate websites] subsidiary based in Fort Worth, Texas, related to a spill of more than 50,000 gallons of chemical-laced wastewater in 2010.

Having already been fined $100,000 by the Environmental Protection Agency (EPA) [official website] and the Department of Justice (DOJ) [official website] in July, XTO claims that the polluting of a Susquehanna River tributary [Reuters report], located near the company's water recycling plant in Lycoming County, Pennsylvania, was an accident. On Tuesday, XTO was charged under the state's Clean Streams Law [text, PDF] and Solid Waste Management Act [text, PDF], both of which carry prison sentences as possible punishment.

According to XTO [press release], "The criminal charges filed by the Attorney General are unprecedented and an abuse of prosecutorial discretion." XTO admitted no wrongdoing [WSJ report] as part of the settlement with the EPA and DOJ.

The Exxon Mobil Corp. has previously faced allegations of improper conduct. In 2011 the US District Court for the District of Alaska refused to reopen [JURIST report] the $900 million settlement agreement that was reached in 1991 following the infamous Exxon Valdez oil spill [BBC backgrounder; JURIST news archive] of 1989. Following similar attempts to reopen the settlement [JURIST report] by the US and Alaskan government in 2006, the US Supreme...

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More than 1,100 have cancer after 9/11


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

Reggie Hilaire was a rookie cop on September 11, 2001.

He worked at ground zero for 11 days beside his colleagues -- many of them, including Hilaire, not wearing a mask. He was later assigned to a landfill in Staten Island, where debris from the World Trade Center was dumped.

For about 60 days between 2001 and 2002, the New York police officer was surrounded by dust.

In 2005, Hilaire was diagnosed with thyroid cancer. He underwent surgery and radiation. Just months later his doctor told him he also had multiple myeloma, a blood cancer that multiplies the body's plasma cells to dangerous levels.

It's a cancer that usually strikes much later in life. Hilaire was 34.

More than 1,100 people who worked or lived near the World Trade Center on 9/11 have been diagnosed with cancer, according to the Centers for Disease Control and Prevention.

A few months ago Hilaire received a letter from the CDC's National Institute for Occupational Safety and Health, officially offering him medical insurance under the World Trade Center Health Program. About 1,140 people have been certified to receive cancer treatment under the WTC Health Program, a representative told CNN.

These are the first numbers released since the program was expanded a year ago.

In September 2012, federal health authorities added 58 types of cancer to the list of covered illnesses for people who were exposed to toxins at the site of the World Trade Center in the aftermath of the 9/11 attacks.

Dr. John Howard,...

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Found on



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The Public and the Conflict over Future Medicare Spending

Medicare will govern the at least the cost of workers' compensation medical delivery benefits. Today's post was shared by NEJM and comes from www.nejm.org


Two recent government reports show substantial short-term improvements in the financial outlook for Medicare and in the federal budget deficit.1,2 However, these forecasts also suggest the need for further action brought about by a worsening of the financial situation after 2015 as the number of Medicare recipients increases from 52 million to 73 million in the decade following.1-3 This issue is likely to receive considerable attention in the upcoming debate about the federal budget deficit and the national debt.

As we reported in the Journal in 2011, there has been little public support for major policy changes aimed at reducing Medicare spending to lower the federal deficit.4 This article goes further and seeks to document the underlying beliefs that may shape the public response to future efforts to substantially slow projected Medicare spending. Our thesis is that there exists today a wide gap in beliefs between experts on the financial state of Medicare and the public at large. Because of the potential electoral consequences, these differences in perception are likely to have ramifications for policymakers addressing this issue.

We examine this thesis by analyzing data from six public opinion polls conducted in 2013 with 1013 to 2017 U.S. adults, plus historical data, in a project supported by the Robert Wood Johnson...

Robert J. Blendon, Sc.D., and John M. Benson, M.A.

N Engl J Med 2013; 369:1066-1073September 12, 2013DOI: 10.1056/NEJMsr1307622
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CA's New Rate Filing Reflects Uncertainty

Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


The political grandstanding that is typical this time of year when the California Workers' Compensation Insurance Rating Bureau publishes is pure premium rate request should be boisterous.
The WCIRB's Governing Committee yesterday voted unanimously to approve a 2014 advisory pure premium rate of $2.70 per $100 of payroll.

This is 3% more than the $2.62 rate the committee approved in August and is 6.9% higher than the average insurer filed rate of $2.53.

And even then rates may be inadequate to cover loss developments according to members.
The combined ratio remains well north of 100%.

Much of the uncertainty stems from the pending conversion to the Resource Based Relative Value Scale for physician reimbursement.

Estimates on the impact of the conversion range from no impact to an increase of up to several hundred million dollars.

The reason for the vagueness is that there are codes in the current system that have not yet been "cross talked" to the RVRBS.

Adding to the complexity is that for unknown reasons claim frequency has been climbing.
Increased frequency and medical loss-cost development that was observed in data collected through the end of June accounts for more than two-thirds of the proposed rate increase. (About 2% of the increase for 2014 is attributed to higher permanent disability benefits.)

Some suspect this is due to resolution of complex older claims that had been languishing because of Medicare set-aside requirements as well as the nature of the injuries.
Since...
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Cambridge Metal & Plastics Recalls Motorcycle Training Wheels Due to a Crash Hazard


Today's post was shared by U.S. CPSC and comes from www.cpsc.gov

Motorcycle dealerships nationwide and at Mooseracing.com, Parts-unlimited.com and other online retailers from July 2012 through June 2013 for about $130.
Manufacturer
Cambridge Metals & Plastics, a Division of Water Works Manufacturing Inc., of Cambridge, Minn.
DLeMans Corporation Inc., of Janesville, Wis.
Manufactured in
United States

The U.S. Consumer Product Safety Commission (CPSC) is still interested in...
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EPA Web Tool Expands Access to Scientific, Regulatory Information on Chemicals

Today's post was shared by US EPA News and comes from yosemite.epa.gov


The U.S. Environmental Protection Agency (EPA) has launched a web-based tool, called ChemView, to significantly improve access to chemical specific regulatory information developed by EPA and data submitted under the Toxic Substances Control Act (TSCA).

“This online tool will improve access to chemical health and safety information, increase public dialogue and awareness, and help viewers choose safer ingredients used in everyday products,” said James Jones, assistant administrator for the Office of Chemical Safety and Pollution Prevention

“The tool will make chemical information more readily available for chemical decision-makers and consumers.”The ChemView web tool displays key health and safety data in an online format that allows comparison of chemicals by use and by health or environmental effects. 

The search tool combines available TSCA information and provides streamlined access to EPA assessments, hazard characterizations, and information on safer chemical ingredients. Additionally, the new web tool allows searches by chemical name or Chemical Abstracts Service (CAS) number, use, hazard effect, or regulatory action. 

It has the flexibility to create tailored views of the information on individual chemicals or compare multiple chemicals sorted by use, hazard effect or other criteria. The new portal will also...
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