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

Friday, September 20, 2013

Labor Dept. Mandates Minimum Wage, Overtime Pay For Home Health Workers

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

The U. S. Department of Labor issued new rules Tuesday that mandate home health care agencies pay their workers the minimum wage and receive overtime pay starting in 2015.

"Almost 2 million home care workers are doing critical work, providing services to people with disabilities and senior citizens who want to live in community settings and age in place in their familiar surroundings," said Secretary of Labor Thomas Perez. 

But when it comes to getting paid, they are "lumped into the same category as teenage babysitters," he said. "This is wrong and this is unfair." 

For nearly 40 years, home care workers had been exempted from the pay rules because their services were considered "companionship." But advocates, including organized labor organizations, had argued that these workers were often doing much more, providing assistance with dressing, eating and other daily activities. The decision extends the Fair Labor Standards Act’s minimum wage requirements, currently at least $7.25 an hour, to direct care workers, including home health aides, personal care aides and certified nursing assistants, according to a Labor Department statement

"This is a tremendous victory for home care aides, a workforce earning near-poverty wages while providing vital personal care and health-related services to America’s elders and people living with disabilities," said Jodi M. Sturgeon, president of Paraprofessional Healthcare Institute (PHI National), an advocacy...

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Parma considering following Cleveland in suing Ohio Bureau of Workers' Compensation over inflated premiums

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

Parma is considering pursuing legal action against the Ohio Bureau of Workers' Compensation for allegedly inflated premiums.
PARMA, Ohio -- The city is considering following Cleveland's lead in filing suit against the Ohio Bureau of Workers' Compensation for allegedly inflated premiums.

The Cleveland lawsuit, filed in Cuyahoga County Common Pleas Court June 28, argues that the bureau billed the city excessive workers' compensation insurance premiums for many years. Meanwhile, public employers that qualified for group rates were being inequitably undercharged, the complaint states.

Cleveland is seeking repayment from the bureau of premium overcharges.

Parma Law Director Tim Dobeck said the city, which does not qualify for the discounted group premium rates, was approached by Cleveland-based law firm Bashein & Bashein regarding taking action against the bureau. He said he believes the city may be asked to serve as the representative plaintiff in a class-action lawsuit brought by several communities.

Dobeck was not able to provide an estimate as to how much in repayment the city may be entitled to.

A request for comment from Bashein & Bashein was not immediately returned.

The Cleveland lawsuit, and potential Parma-led class action, comes on the curtails of a March ruling that awarded 264,000 Ohio private employers a total of $859 million from the bureau following a lawsuit contending similar premium overcharges. That decision is being appealed by the bureau.

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Medical Transparency: Resistance is Futile

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


John Green, one of the vlogbrothers, posted a video blog on YouTube that so far has racked up over 2 million views, entitled "Why Are American Health Care Costs So High?"

The bottom line take-away from this manic, though entertaining (and I assume accurate) review of the United States health care system is the reason why costs are so much higher in the US compared to the rest of the world is ...

Because they can...

John argues that there is no central pricing control like other countries, that consumers will pay whatever they are charged because, basically, they don't know any better, and there is no transparency in health care pricing.

Maybe that's true. I don't know, I'm no expert on health care costs, or health care for that matter - hell, I'm no expert on anything.

But it does make sense that health care pricing should be a factor in most medical care decision situations where there is time to make an informed judgment about a procedure - which is most of the time.

Some medical businesses are starting to advertise their prices and it's causing some debate in medical circles.

The Surgery Center of Oklahoma, owned by its roughly 40 surgeons and anesthesiologists, drew national interest and sparked a bidding war as several other medical facilities in Oklahoma posted their prices according to media reports.

Pricing transparency is gaining momentum.

North Carolina passed a law requiring hospitals to provide prices on 140 common medical procedures and services.
In May, the federal...
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Shimano American Recalls Disc Brake Calipers Due to Collision Hazard

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

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Shimano BR-CX75 disc brake caliper model number
Shimano BR-CX-75 disc brake
Shimano BR-R515 disc brake model number
Shimano BR-R515 disc brake

Recall Details

In conjunction with

Units

About 6,600 in U.S. and 704 in Canada

Description

This recall includes all Shimano BR-CX75 aftermarket disc brake calipers and BR-R515 disc brake calipers installed on road and cyclocross bicycles sold by other manufacturers including BMC, Giant, Ibis, Raleigh, Shinola, Specialized and Volagi. “Shimano,” “China” and the model number are embossed on the outside of the brake caliper. Both models have either black or silver finishes.   

Incidents/Injuries

None reported.  

Remedy

Consumers should immediately stop using the bicycles with recalled Shimano brakes and contact a Shimano authorized dealer to receive a free installation and replacement of the calipers.   

Sold at

Bicycle specialty stores and dealers nationwide from February 2012 through May 2013 for about $75 for the BR-CX75 model disc brake calipers and the BR-R515 model disc brake calipers price was included in the cost of the bicycles where installed.

Manufacturer

Shimano American Corporation, of Irvine, Calif. 

Manufactured in

China


The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the...

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Feds add prostate cancer to list of 9/11 health-related conditions

Today's post was shared by Pasternack Tilker Ziegler Walsh Stanton & Romano and comes from www.nydailynews.com

DIGITAL IMAGE

Prostate cancer has been added to the list of World Trade Center-related health conditions.

The federal Department of Health and Human Services added the cancer to its register Thursday after being petitioned by the Patrolmen’s Benevolent Association, the city police officers union.

The union cited a scientific study that found a 17% greater than expected rate of prostate cancer among first responders.

The addition will cost the WTC Health Program an estimated $3 million to $6 million a year.

“It’s a minor victory for the 9/11 community and a huge victory for those with prostate cancer,” said John Feal, who advocated for the Zadroga 9/11 health bill, named for NYPD officer James Zadroga, who died of respiratory problems following his rescue efforts at Ground Zero. Corinne Lestch

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Thursday, September 19, 2013

Prostate Cancer: Now on the 9-11 Fund Compensable List

Prostate Cancer has now been approved as a compensable condition for benefits for those who are eligible to claim benefits from the 9-11 Health Claim Fund. The deadline to claim benefits for some, October 3, 2013, is rapidly approaching.

Click here for more information for about filing a claim.
….

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.

What is the Date Last Insured, and Why Does it Matter?

Today's post comes from guest author Susan C. Andrews, from Causey Law Firm.

A person who has been out of the labor market for quite some time before he applies for Social Security Disability (SSD) may find that his application for benefits is rejected because he cannot prove he became disabled before his date last insured.  

In order to qualify for benefits in the first place, a person must pay Social Security taxes long enough to have insured status. When the individual stops working and therefore stops paying into the system, eventually he will hit his date last insured and lose his insured status. It is a little like a private insurance policy: when you stop paying the premiums, you no longer are covered by the policy.  For a person who has work steadily in his lifetime, the date last insured is arrived at and insured status lapses about five years after stopping work.
 The Social Security Administration has another program for the medically disabled called Supplemental Security Income (SSI) where there is no date last insured rule, but there are other program requirements and limitations. In a future article, we will explore the differences between the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs.   
     As an example of how the date last insured issue can prevent a person from getting Social Security Disability (SSD) benefits, consider the case of a 35 year-old woman who has worked steadily since her late teens. She and her husband have twins when she is in her mid-30s. There are a lot of late night feedings and diapers to change! She stays home to take care of the twins while her husband continues to work to support the family. When the twins turn five, she begins to think about returning to work, perhaps when they go into first grade a year or so later. Five years has passed, and she reaches her date last insured. She loses her insured status and has not yet returned to work. When the twins turn six, she gears up her job search, but has not yet re-entered the labor market. Then medical catastrophe strikes: she has a very disabling stroke – unusual in a person this young, but not unheard of. She clearly cannot work. She applies for Social Security Disability and is turned down because she did not become disabled before her date last insured. Unlike the Social Security Retirement program, where it is possible to collect Social Security Retirement (SSR) benefits on the earnings record of one’s spouse, the Social Security Disability program only allows for benefits to be paid on the basis of one’s own earnings record.

     Consider another scenario with this family of four. When the twins are three, mom is diagnosed with Multiple Sclerosis. This condition can progress slowly or more quickly. In her case, she suffers a fairly quick progression of symptoms. By the time the twins are six and going into first grade, she is ready to return to work, except that she is suffering a variety of MS symptoms, including the profound fatigue that is experienced by many with this disease. Her combination of symptoms prevents her from working, so she applies for Social Security Disability. She passed her date last insured when the twins turned five. Will she get benefits? That depends. She certainly can apply for benefits after her date last insured, but she must be able to show that her symptoms had become sufficiently severe to prevent her from working before her date last insured. We have handled many cases where the individual is out past his or her date last insured. The key is to obtain all of the medical records that help to document the seriousness of the medical condition before that date last insured. Sometimes these can be buttressed with statements from family members or close friends who were in a position to observe at close range how seriously the person’s medical condition was affecting her functioning prior to the date last insured. In the case above, a statement from the husband likely would be helpful.

     The Social Security Administration has another program for the medically disabled called Supplemental Security Income (SSI) where there is no date last insured rule, but there are other program requirements and limitations. In a future article, we will explore the differences between the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs. 

Photo credit: Đˆerry / Foter.com / CC BY