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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, October 20, 2014

The Long Arm of Failure

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

How far do failed New York self-insurance trust issues go?
Answer: All the way across the nation to the West Coast.
In a lawsuit recently filed, California-based Waste Connections Inc. says it was duped because New York based Hudson Valley Waste Holding Inc. failed to disclose nearly $5 million in assessments by New York regulators for liabilities stemming from the Team Transportation Workers' Comp Trust, that failed in 2010.
Waste paid $300 million for Hudson Valley in 2011.
In 2005, the New York Workers' Compensation Board calculated that the trust equity ratio was 78.6% and deemed it to be underfunded as of Dec. 31, 2004. While the group's equity ratio improved to the point that the board stopped classifying it as underfunded as of Dec. 31, 2007, by July 29, 2010, it was once again declared underfunded.
In October 2010, the trustees held a meeting in which they voted to close the trust effective Jan. 1, 2011.



An audit was conducted by the board after it took control of the trust in 2012 and the analysis found the trust had a deficit of $32.5 million, plus interest.
The amount owed by the Hudson Valley companies consequently became $4.9 million. As of July 1, 2014, interest totaling $49,000 had accrued, and continues to accrue until the deficit is fully paid, according to Waste's complaint.
A Workers' Compensation Board report sent to lawmakers in June says the Team Trust has 120 open claims. The trust had 193 open claims when the board took it over in 2012.
Hudson Valley has not...
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Sunday, October 19, 2014

Virginia Dietrich, NJ Judge of Compensation

Today's post is shared from nj.com

Virginia M. Dietrich, 62, a NJ judge of Workers' Compensation, died suddenly and peacefully on Oct. 15, 2014. Born in Trenton, Judge Dietrich was a lifelong resident of Mercer County.

She obtained both her undergraduate and law degrees at The Catholic University of America. Judge Dietrich began her legal career as a law clerk to Mercer County Superior Court judges and then practiced law for 25 years with her father, J. Raymond Dietrich, from their office in Ewing. In her law practice, Judge Dietrich specialized in workers' compensation, matrimonial, and real estate law.

In 2002, Governor Donald DiFrancesco nominated and the New Jersey Senate confirmed her appointment as a judge of Workers' Compensation. She soon was appointed an administrative supervisory judge and at the time of her death she was the chief administrative supervisory judge, reporting to the director of Workers' Compensation. 

Judge Dietrich possessed a generous spirit towards those in need. Early in her legal career, she served many weekends at a homeless shelter in New York City. As an attorney, she represented many individuals of limited economic means on a pro bono or reduced fee basis. As a judge, she was determined to make certain that injured workers received the full compensation to which they were entitled under the law. She extended her generosity of spirit to family members and friends. Judge Dietrich was immensely proud of her seven nieces, whom she loved dearly.

Her experiences as a young lawyer, when there were relatively few female attorneys, informed her advice to them to strive to be exceptional women. They took her advice to heart and returned her love. Judge Dietrich possessed a sharp intellect. She would often read as many as seven books in a week. She was a two-time "Jeopardy!" champion. Family members will miss lively debates with her on political and cultural issues. For 25 years, Judge Dietrich taught law courses as an adjunct professor in the School of Business of The College of New Jersey. For many years, she served as a trustee of the Trenton Public Library.

Click here to read the entire article.

Saturday, October 18, 2014

California Prop. 46, Inspired By Tragedy, Pits Doctors Against Lawyers

Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org

This story is part of a partnership that includes KQED, NPR and Kaiser Health News. It can be republished for free. (details)
Troy and Alana Pack had spent the day at their neighborhood Halloween party in Danville. Ten-year-old Troy went as a baseball player, and 7-year-old Alana was a good witch. In the afternoon, they changed out of their costumes and set out for a walk with their mother. Destination: Baskin Robbins 31 Flavors.
“Alana, she liked anything with chocolate,” says their father, Bob Pack. “Troy, for sure, bubble gum ice cream, ’cause he liked counting the bubble gums that he would get.”
Bob and Carmen Pack with their children Troy and Alana, who were killed by an impaired driver. Bob has been pushing for California's Prop 46 to be passed.
Bob Pack stayed home. His family made it only half a mile down the road before his phone rang: “I received a call from a neighbor screaming there’d been an accident. And I raced down there.”
An impaired driver had veered off the road and hit Troy and Alana head-on. Pack was doing CPR on Troy when the paramedics arrived.
“I remember telling them I love them, and hang on. Just praying that they could hang on,” he says
Troy and Alana were pronounced dead at the hospital. In the months after their death, Pack’s wife, Carmen, retreated into her Catholic faith. Bob Pack was angry.
“I think, for me to get through, I needed action,” he says, “and I needed to...
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FedEx Ground Says Its Drivers Aren't Employees. The Courts Will Decide

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

Five days a week for 10 years, Agostino Scalercio left his house before 6 a.m., drove to a depot to pick up a truck, and worked a 10-hour shift delivering packages in San Diego. He first worked for Roadway Package System, a national delivery company whose founders included former United Parcel Service (UPS) managers, and continued driving trucks when (FDX) bought RPS in 1998. FedEx Ground assigned Scalercio a service area. The company, he says, had strict standards about delivery times, the drivers’ grooming, truck maintenance, and deadlines for handing in paperwork, and deducted money from his pay to cover the cost of his uniform, truck washings, and the scanner used to log shipments.
FedEx Ground didn’t pay overtime or contribute to Scalercio’s Social Security benefits. That’s because since acquiring RPS and introducing its ground service, the FedEx unit has treated drivers as independent contractors, not employees. “The saying around the building was, ‘It’s their sandbox. We only get to play in it,’ ” says Scalercio, who no longer drives for FedEx Ground but is one of hundreds of current and former drivers suing the FedEx subsidiary, seeking back pay for overtime worked and for paycheck deductions. (The parent company is not a defendant.)Scalercio earned about $90,000 a year from FedEx, he says, but...
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Nurses who fear Ebola have few options: complaining, sick days or walking out

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

ebola
Hazmat workers help each other put on protective clothing before entering The Village Bend East apartment complex where a second health care worker who has tested positive for the Ebola virus resides on October 16, 2014 in Dallas, Texas. Photograph: Mike Stone/Getty Images

Cyndi Krahne is a nurse. Since the first Ebola patient died in the US, she has not worn her work shoes in the car. When she gets home, she follows a careful ritual in her garage: taking off her scrubs, stepping gingerly out of her shoes. She carefully wraps them in plastic and puts them in an out-of-the-way place where they won’t touch anything. The shoes and the scrubs never make it into the house.

In a week when Dallas is considering declaring itself an Ebola disaster zone, nurses are nervous.

Krahne has five children. “I am concerned. I don’t want them exposed,” she says. She’s seen infectious diseases before in the 10 years she has worked at the Kaiser Permanente Medical Center Santa Rosa, California. She’s been careful – but never this diligent.

Fear is the reason for her conscientiousness. Krahne says she doesn’t feel safe at work. She is still without training or protective equipment. Krahne’s confidence is wavering that her workplace is as dedicated to her safety and well-being as she is.

“We haven’t received any education, nor do we have proper personal protective equipment to care for patients with Ebola,” she says....

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Pulmonary fibrosis asbestos link found

Graphic: Ned Jolliffe
Today's post is shared from ituc-csi.org/
Many cases of a common lung disease that were assumed to be of no known cause are in fact the result of exposure to asbestos, UK scientists believe. Researchers from Imperial College London found a correlation between death rates in England and Wales from the known asbestos-related conditions asbestosis and mesothelioma and from “idiopathic pulmonary fibrosis” (IPF).
Many cases of a common lung disease that were assumed to be of no known cause are in fact the result of exposure to asbestos, scientists believe.
Researchers from Imperial College London found a correlation between death rates in England and Wales from the known asbestos-related conditions asbestosis and mesothelioma and from “idiopathic pulmonary fibrosis” (IPF).
In findings presented to the European Respiratory Society (ERS) international congress in Munich, Germany, they warn that at present people with a history of asbestos exposure may be missing out on appropriate care, as they are not currently able to access new treatments for IPF.
According to the researchers, asbestosis is the name given to the lung fibrosis developed by people with a known history of exposure to asbestos; IPF is an identical condition, just without the asbestos association being made. Their analysis of UK Office of National Statistics data revealed national and regional correlations between the three diseases.
This supports the theory that a proportion of IPF cases are due to...
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.

Friday, October 17, 2014

Path to Federalization: Obama May Name ‘Czar’ to Oversee Ebola Response



President Barack Obama delivers a statement to the press after a meeting with cabinet agencies coordinating the government's Ebola response, in the Cabinet Room of the White House, Oct.15, 2014. (Official White House Photo by Pete Souza)
Federalization of the Ebola crisis is emerging already.  Today's post is shared from nyimes.com
DALLAS — President Obama raised the possibility on Thursday that he might appoint an “Ebola czar” to manage the government’s response to the deadly virus as anxiety grew over the air travel of an infected nurse.
Schools closed in two states, hospitals and airlines kept employees home from work, and Americans debated how much they should worry about a disease that has captured national attention but has so far infected only three people here.
A federal official said that the Centers for Disease Control and Prevention had broadened its search for contacts of Amber Joy Vinson, the second nurse infected with Ebola at Texas Health Presbyterian Hospital here, after interviewing family members who gave a different version of events from Ms. Vinson’s. The nurse had said she had a slight fever before boarding a flight from Cleveland to Dallas on Monday. But family members said she had appeared remote and unwell during her trip to Ohio over the weekend.
The C.D.C. said it was now tracking down passengers on Frontier Airlines Flight 1142 from Dallas to Cleveland, which Ms. Vinson took last Friday. It had already been tracing passengers on her Monday flight.Ms. Vinson’s case raised flags for investigators because the day after she arrived home in Dallas, she reported substantial symptoms. Health experts say those would be unlikely to develop in just one day.
Seven people in Ohio were voluntarily quarantined because they had contact with Ms. Vinson...
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Read more about the "The Path to Federalization"
Jul 05, 2012
United States Supreme Court has taken a giant leap forward to facilitate the Federalization of the entire nation's workers' compensation system. By it's recent decision, upholding the mandate for insurance care under the ...
Dec 23, 2010
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally ...
Jun 14, 2012
Yesterday the US Congress passed and sent to the President, The World Trade Center Health Program, marking yet another advance on the path to federalize the nation's workers' compensation program. The Federally .
May 17, 2013
and will put greater control and more choice in the hands of individuals and small businesses." Read more about "Federalization" and workers' compensation: Path to Federalization: A National Workers Compensation System.