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

Thursday, October 17, 2013

Why the French are Fighting Over Work Hours

Today's post was shared by Steven Greenhouse and comes from www.newyorker.com

It’s telling that in France, where several stores are fighting an order requiring them to close on Sundays, retail employees showed up at work last month wearing T-shirts that read, “YES WEEK END.” It was a play on Barack Obama’s 2008 campaign slogan, and a symbol of the fact that some in France—where shops have been barred from opening on Sundays, with some exceptions, since 1906—have lately been eyeing a more American approach to work.

In September, a French tribunal de commerce said that two big home-improvement stores, Castorama and Leroy Merlin, would face daily fines of a hundred and twenty thousand euros per store (about a hundred and fifty thousand dollars) if they continue to operate on Sunday. The retailers have said they will open despite the fines, the result of a lawsuit. People in France like to work on home improvement on Sundays, which makes it one of the busiest days for do-it-yourself stores, accounting for between fifteen and twenty per cent of their sales.

 Closing on Sunday could jeopardize the jobs of some twelve hundred employees, according to the Fédération des Magasins de Bricolage, which translates, roughly, as the Federation of Do-It-Yourself Stores.
“I really don
’t understand,” said one customer, quoted in the Catholic daily La Croix. “If everyone has agreed to work, why can’t you open the store?”
For an American coming from the world of 24/7...

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Wednesday, October 16, 2013

Jerry Brown vetoes public safety death benefits bill

An effort to expand benefits for survivors' of the high risk job of public safety officer met defeat in California with the veto of Governor Brown. Today's post was shared by CAAA and comes from blogs.sacbee.com


Gov. Jerry Brown vetoed legislation Sunday that would have extended the statute of limitations for survivors of public safety officers to file a workers' compensation claim for death benefits.
Assembly Bill 1373, by Assembly Speaker John A. Pérez, D-Los Angeles, would have extended the time limits for survivors' claims for injuries while on duty to 480 weeks from 240 weeks in cases involving cancer, tuberculosis or blood-borne infections diseases.
Brown vetoed a broader version of the bill last year, and in vetoing an unrelated bill Saturday regarding the timeliness of sex abuse victims' claims, the Democratic governor delivered a virtual treatise on the significance of statutes of limitation.
In his veto message, Brown said the measure is "identical to the one I vetoed last year."
"At that time, I outlined the information needed to properly evaluate the implications of this bill," he wrote. "I have not yet received that information."
In his veto a year ago of Assembly Bill 2451, Brown said there was "little more than anecdotal evidence" available to determine how to balance "serious fiscal constraints faced at all levels of government against our shared priority to adequately and fairly compensate the families of those public safety heroes who succumb to work-related injuries and disease."
This year's bill was backed by labor unions representing firefighters and law enforcement officers, who argued existing law fails to provide for the families of...
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2nd worker dies at 49ers stadium construction site

Today's post was shared by CAAA and comes from www.sacbee.com


 Construction is slated to restart Tuesday at the new $1.2 billion San Francisco 49ers showcase stadium after police and fire investigators determined a truck driver's death was a workplace accident and not a crime.

The delivery truck driver was crushed early Monday by a bundle of rebar being unloaded from his truck, officials at the scene said. It's the second worker death at the construction project.

An ambulance rushed the severely injured worker to a local hospital, where he died, according to a spokesman for Turner/Devcon, the construction company building Levi's Stadium.

"We are deeply saddened to confirm that the driver has passed away as a result of his injuries," spokesman Jonathan Harvey said.

Harvey said state workplace safety officials told them Monday that while their investigation is ongoing and could take months, "the jobsite has been deemed safe and is permitted to reopen."

The Santa Clara County Medical Examiner-Coroner's Office identified the man as Edward Erving Lake II, 60, of Vacaville. He was an employee of Gerdau Ameristeel's Napa Reinforcing Steel facility, a subcontractor working on the stadium, Gerdau's spokeswoman Kimberly M. Selph said.

In a statement, the 49ers said their "sincerest thoughts and prayers are with the family, friends and co-workers affected by this tragedy." The team also said there were plans to have support on-site Tuesday to help workers with their emotions...
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Too Much Temptation To Do the Wrong Thing

The business of workers' compensation in New York, and the economic tension it generates, is the focus of a commentary by the publisher of Work Comp Central, David Depaolo. Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com


The problem with workers' compensation being funded and managed by private interests is that there is simply too much temptation to do the wrong things for the wrong reasons - usually those reasons involve profiting at the expense of everyone else.

And so it seems in New York where an associate attorney in the State Workers' Compensation Board General Counsel's Office said in an affidavit filed in New York Supreme Court Friday that improper cost-shifting by the state's workers' compensation carriers has caused the liabilities of the state's Reopened Case Fund to "spiral exponentially," of course at the expense of employers.

After the historical reform of New York's system by then Gov. Eliot Spitzer, that imposed the state's first duration caps on permanent partial disability benefits, carriers began settling the indemnity portion of claims, leaving medical treatment open.

Three years after the indemnity payments run out, carriers can then file claims with the fund providing medical evidence that the workers' condition has changed, thereby shifting the cost of medical care for injured workers over to the Fund.

The lawsuit in which the affidavit was filed was initiated by Liberty Mutual Insurance Co. and 19 of its sister insurers to block a section of Gov. Andrew Cuomo's 2013-2014 budget the close the fund on Jan. 1, 2014.

Coumo made closing the fund part of the "Business Relief Act" included in his $141.3 billion budget and predicted that closing the fund will save New York...
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Tuesday, October 15, 2013

What a Government Default Will Do To Workers' Compensation

With only hours left, and the politicians in Washington DC still unsettled about how to resolve a US credit default, the focus turns to the impact on workers' compensation programs throughout the country.

Expanding on the problems besieging compensation programs following the US Government Shutdown, things are going to get much worse and very quickly. Social Security will stop paying benefits, its contractors and medical providers. Closing down those contributions will literally suffocate transactional information concerning integration of Medicare Secondary Payer Act benefits and reimbursement. Calculating offsets and reverse offsets will become an impossibility. Insurance companies in reverse offset states will be required to fund more dollars into the system as application flow into the state systems to modify prior awards still being paid.

Employers dependent upon government payments, including funding and contracts, will be unable to pay workers and insurance company premiums. Cascading financial distress will implode the economy and unemployment will become rampant.

Additional burdens will be placed upon injured workers who even already are struggling to make ends meet and obtain medical treatment with absolutely no Federal safety net in place to catch them. Injured workers with pending claims will be unable to seek medical and pharmaceutical benefits from collaterally funded programs.

Federal dollars actually fund over 70% on state rehabilitation programs. These programs will quickly dry up, and the those injured workers who are seeking placement in a new job through rehabilitation will be locked out of the states.

Workplaces will continue to be unregulated as OSHA (The Occupational Health Administration) will be unable to financially fund enforcement programs, new safety programs and even review comments for pending regulations, ie. The Smart Act.

Investigations requirement Federal records, including prior military records, will become increasingly difficult to secure. Stalling this process will delay completed workers' compensation medical records, expert evaluation opinions and the adjudication of workers' compensation claims.

Quite a mess! Not a pleasant prospect to look forward to, as the clock keeps clicking down

Monday, October 14, 2013

California To Regulate New Home Care

Injured workers have been receiving home health care at increased rates as hospitals and rehabilitation cnters are releasing recuperating workers quickly under discharge protocols. Today's post is shared from the NY Times.

California has become the latest state to tighten oversight of home health agencies that provide custodial care — help with bathing, dressing, toileting and other basic tasks — to older adults and people with disabilities.

Gov. Jerry Brown on Sunday signed the Home Care Services Consumer Protection Act of 2013, which will require agencies to conduct background checks on workers, provide five hours of training, list aides in an online registry and obtain a license certifying their compliance with basic standards. Home health agencies had opposed the bill’s training and background check requirements.

The governor vetoed a similar bill last year; this year’s version dropped a requirement that aides hired from referral agencies or directly by seniors get background checks and be listed in the online registry. Mr. Brown also asked for a delay in putting the legislation in place until January 2016.

Critics have long argued that the home care industry has been too lightly regulated. According to a new study in the Journal of Applied Gerontology, only 15 states require training for home care workers or on-site supervision of their activities. Altogether, 29 states mandate that agencies be licensed.

The move to tighten industry...
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Hank Patterson Receives the 2013 Lifetime Achievement Award

This week, Henry “Hank” N. Patterson, Jr. was presented with the 2013 Lifetime Achievement Award at the annual dinner of the Workplace Injury and Advocacy Group (WILG),  in Palm Beach, Florida. For his entire career, Hank has zealously advanced the rights of workers. He has held leadership positions in national legal organizations, including the American Bar Association, and helped establish the College of Workers Compensation Lawyers.


Hank graduated from the University of North Carolina in 1963 and from UNC Law School in 1966, where he was elected to the Order of the Coif. Before entering private practice, he served as law clerk to the Honorable J. Braxton Craven, Jr., of the U.S. Court of Appeals for the Fourth Circuit and worked as an attorney in Region 11 of the National Labor Relations Board.

He has served on legislative study commissions and as Chair of the Workers’ Rights Section of the North Carolina Academy of Trial Lawyers, Co-Chair of the North Carolina Bar Association’s Workers’ Compensation Committee, and member of the Advisory Council to the Chair of the North Carolina Industrial Commission. Hank is a Board Certified Specialist in Workers’ Compensation Law. His practice is limited to the areas of workers’ compensation, labor and employment, and disability entitlements.