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

Tuesday, October 1, 2013

IMR: What Was The California Legislature Thinking?

Today's post is authored by David DePaolo, a national leading commentator on workers' compensation with special expertise in the California system, and shared from http://daviddepaolo.blogspot.com. The Independent Medical Review system was theoretically contrived to contain cost and make the California system friendlier and more expeditious. Quickly enacted, without full debate and comments from stakeholders, the system has become stymied and yet another hurtle in the system. Read David' thoughtful analysis.......

The debate about the big volume of Independent Medical Review requests in California's new system that were recently reported is all over the map.

Some say that the provider, Maximus, is at fault and many support the Division of Workers' Compensation's proposal for new time lines and penalties for various actions and/or inactions.
There's also plenty of blame slinging going on with employer representatives accusing the applicant attorneys, applicant attorneys implicating carriers/administrators, and everyone else pointing fingers at each other.

But Steven Cardinale, co-founder and Managing Director of CID Management, a Utilization Review company, put it best to me in an email when he said, "SB 863 was conceived in such a way as to assure the overuse of IMR."

I have to agree with Mr. Cardinale - none of the participants in the California system is really to blame for the huge volume going to IMR because the law essentially guaranteed that this would...
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Do Cities Need Texting Zones?

This post is shared from Nicole Ferraro, Future Cities from www.informationweek.com

This week, New York's governor announced a plan to put "texting zones" on state highways. It got me thinking about whether cities need to do the same.

First, a bit about the news: In an effort to reduce the number of distracted drivers on the roads of New York, Gov. Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages.

This is, in part, a response to the fact that New York has seen a 365% increase in tickets issued to distracted drivers between the summers of 2012 and 2013 (In 2013, 16,027 people were pulled over for talking on cellphones, and 5,553 for texting, as compared to 4,284 and 924, respectively, in 2012).

As Cuomo said in a statement, "With this new effort, we are sending a clear message to drivers that there is no excuse to take your hands off the wheel and eyes off the road because your text can wait until the next Texting Zone."

Distracted driving is a huge issue for cities. Indeed, just last week we discussed a social media campaign launched by the Mayor of Houston, Texas, to unite Texan cities against texting while driving. With pedestrian death on the rise in cities across the US, there's an absolute need to curb driver distractions.

However, there's something about Cuomo's plan that bugs me -- mainly that, in a way, it caves to the compulsion drivers have to...
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An Official Statement on Environmental Toxins and Pregnancy

Today's post was shared by RWJF PublicHealth and comes from www.theatlantic.com

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For years, the debate over restricting the stew of industrial chemicals that we live in has suffered from a case of he said, she said.

Environmental groups sounded the alarm about the thousands of chemicals in our air, water, food, housewares, and shampoo that science suggests — but doesn’t outright prove — could make us sick. They warned about such commonly used substances as BPA (in cans and plastics), fire retardants (in furniture), and phthalates (in cosmetics). Chemical industry representatives countered that there is no clear evidence that their products are unsafe, and tighter regulation would squash innovation.

But now it’s about pregnant moms and unborn babies.

For the first time ever, the American Congress of Obstetricians and Gynecologists (ACOG) this week came out with a strong statement about the risks of environmental toxins to pregnant women and fetuses. Also for the first time, the group is going so far as to urge individual doctors to advocate for policy changes to protect women and babies from exposure.



“The scientific evidence over the last 15 years shows that exposure to toxic environmental agents before conception and during pregnancy can have significant and long-lasting effects on reproductive health,” wrote ACOG. Another group of reproduction specialists, the American Society...
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Bill Creating Clear Guidelines in Dispensing of Opiod Medications Introduced in New Jersey Senate

The post today is authored by John H. Geaney, Esq. of the NJ Bar, and is shared via njworkerscompblog.com

Opioid medications have become a major problem in the New Jersey workers’ compensation system.  The number of workers being prescribed opioids has increased dramatically along with other attendant problems, such as addictions to the medications, excessive periods of use, and large numbers of unused opioid pills due to over-prescribing. 

Every workers’ compensation professional can attest to these and other problems with opioid medications, not to mention cases where urine testing shows no trace of opioids in the system despite repeated renewals of opioid prescriptions.

On September 30, 2013, Senator Raymond Lesniak and Senator Stephen Sweeney introduced a bill in the New Jersey Senate proposing that medical expenses shall not include coverage of opioid drugs unless the prescribing doctor does the following:

1) takes a thorough medical history and physical examination focusing on the cause of the patient’s pain;

2) does a complete assessment of the potential addiction of the patient to opioids, which would include a baseline urine test and assessment of past and current depression, anxiety disorders and other mood disorders associated with risk of opioid abuse;

3) provides a written treatment plan with measurable objectives, a list of all medications being taken and dosages, a justification for the continued use of opioid...
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Monday, September 30, 2013

Oklahoma: Gov. Fallin's picks for workers comp commission lack experience

Today's post is shared from Tulsworld.com

Gov. Mary Fallin's first two appointments to the state's new workers compensation system have no experience in workers compensation law.

And that's OK, says Fallin spokesman Alex Weintz.
"As a manager and a business leader, Troy Wilson is acutely aware of how workers compensation affects businesses," said Weintz. "As the former director of the Department of Commerce, Jonna Kirschner knows what an obstacle workers comp costs can be to businesses looking to locate here."

Wilson, named by Fallin to be the first chairman of the new Workers Compensation Commission, and Kirschner, who is expected to be one of the commission's first administrative law judges, get high marks all around for integrity and general ability.

But the enabling legislation creating the new system specifies that commissioners "must have been involved in the workers compensation field for at least three years."
Judges, the law says, "shall have not less than three years of workers compensation experience prior to appointment."

Wilson is a retired banker, businessman and Xerox executive who was retired comfortably in Florida at the time of his appointment.

Kirschner is an attorney who specialized in corporate law before joining the Commerce Department. She is also the daughter of state Supreme Court Justice Yvonne Kauger, which could complicate the court's consideration of a lawsuit challenging the new system's constitutionality.

Weintz said questioning Wilson's...
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Will history of health hazards be repeated at new Wisconsin iron mine?

Today's post was shared from The Pump Handle....

The long-time residents of Iron County, Wisconsin who make up the Iron County Joint Impacts Mining Committee say the open-pit iron mine planned for the Penokee Hills of northern Wisconsin – a range that extends into Michigan where it’s known as the Gogebic Range – will bring much needed good jobs and economic development. Such jobs, the committee told a group of visiting journalists in August, have been lacking since the last Wisconsin iron mines in the area closed in the early and mid-1960s.

The jobs the mine would bring are the type needed to keep local communities’ young people from moving away, said committee members. Environmental advocates and other area residents, including many of the region’s tribal leaders, oppose the mine for what they say will be devastating impacts, particularly to the area’s waterways and wetlands.

The proposed mine made national news this summer after masked activists harassed mining company personnel and armed security guards were hired to patrol the property. There’s also been considerable controversy over a new law that was passed that will help facilitate the mine. What have not yet received much attention are the potential occupational health hazards of mining and processing the taconite ore the mine is expected to yield.

Now in the permitting and exploratory stage of development by Gogebic Taconite LLC – a subsidiary of a company called Foresight Energy that has coal mining operations in...
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Open for Business Tomorrow: Healthcare.gov

Tomorrow marks an historic day in US history. The Federal government launches insurance enrollment under The Affordable Care Act.

Visit Healthcare.gov for further information.