| Two years after the toxic spill in Paulsboro, the NTSB’s final investigation report determines that the crew was met with a red signal on the bridge. They radioed to dispatch for the moveable bridge to be locked. The NTSB report says the conductor had no formal training before he inspected the bridge and “erroneously” concluded it was locked. The dispatcher gave the train permission to pass. Moments later, half the train was off the rails. The NTSB determined the key cause of the derailment to be two things: Conrail “allowing the train to pass the red signal” with rail locks “not fully engaged” and a lack of proper training that would have “prepared the train crew to examine the bridge lock.” The NTSB found contributing factors to the accident included a “lack of a comprehensive safety management program that would have identified and mitigated risks associated with the continued operation of the bridge despite multiple bridge malfunctions of increasing frequency” and “the failure of the incident commander to implement” “hazardous materials response protocols”. Gary Stevenson was the deputy fire chief the day the disaster happened right in his backyard. “We need to do things different the next time this happens. I hope all of us responders have learned from that incident. So we can apply it and spread that knowledge out to other fire departments within the state,”... |
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(c) 2010-2026 Jon L Gelman, All Rights Reserved.
Wednesday, August 27, 2014
NTSB Releases Final Report on Paulsboro Derailment
The Word Didn't Get There
| Problems with the national workers' compensation system are addressed in today guest post authored by David DePaola and shared from http://daviddepaolo.blogspot.com/ Then I get an email from a former claims professional turned auditor that completely deflates my enthusiasm and makes me angry. The emailer has been in the process of auditing some cases on behalf of an insurance carrier whose cases are administered by a Third Party Administrator. This is a pretty typical arrangement. Carriers are very good at "writing the paper" and all the processes involved from brokerage administration to determining the risk (underwriting) and marketing. Then the job of actually handling the claims gets outsourced to specialized companies: TPAs. The auditor writes she's appalled; outraged at the lack of any sense of urgency, the lack of responsiveness to defense attorneys, not to mention applicant's attorneys. She's astounded at the failure to pay temporary total disability, the failure to advance permanent disability a year after the Agreed Medical Examiner's findings are undisputed to a person who's getting $500.00 a month from Social Security. She's offended that the TPA lets the defense attorneys handle the files, lets cases linger until a pinky finger from 2008 ends up turning into hand, arm, neck, back, internal, sleep, psyche, etc., etc. - on a case that was really ready to settle no less than 4 years ago. She asks, "Why would these cases still be open (excluding those with obvious complex if not catastrophic issues) when the file reflects many opportunities for settlement that slipped away?" Of... |
Tuesday, August 26, 2014
NATIONAL CENSUS OF FATAL OCCUPATIONAL INJURIES IN 2012 (PRELIMINARY RESULTS)
A preliminary total of 4,383 fatal work injuries were recorded in the United States in 2012, down from a revised count of 4,693 fatal work injuries in 2011, according to results from the Census of Fatal Occupational Injuries (CFOI) conducted by the U.S. Bureau of Labor Statistics. The 2012 total represents the second lowest preliminary total since CFOI was first conducted in 1992. The rate of fatal work injury for U.S. workers in 2012 was 3.2 per 100,000 full-time equivalent (FTE) workers, down from a rate of 3.5 per 100,000 in 2011.
Over the last 5 years, net increases to the preliminary count have ranged from 84 in 2011 to 211 in 2009. The revised 2011 figure represented a 2 percent increase over the preliminary total, while the 2009 figure was a 5 percent increase. Revised 2012 data from CFOI will be released in the late Spring of 2014.
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Monday, August 25, 2014
The Father of the 11th Circuit Court Decision
| Today's post is authored by Peter Rousmaniere and shared from workcompcentral.com The Florida 11th Circuit Court decision on Aug. 13 appears to be the first state court decision in many years to declare an entire workers’ compensation statute as unconstitutional. The fingerprints of the Dean of Workers’ Compensation Research John Burton are all over Judge Jorge Cueto’s reasoning. Since the 1970s, Burton, with a law degree and PhD in economics, has been the leading academic scholar in workers’ compensation, even now years after his retirement from a faculty position at Rutgers University. Burton surely thinks that this decision is long coming. So, what’s his complaint? Cueto wrote that through the years, the state has cut back permanent partial disability benefits so severely that the state “no longer provides any benefits for this class of disabled worker.” Burton’s writings indicate that he holds that whatever permanent disability benefits there are in Florida, they are so low and PPD so significant, that the entire workers’ comp system in Florida is inadequate. Cueto agrees. He cites National Council on Compensation Insurance estimates that legislative changes in 1979, 1990, 1994 and 2003 cut PPD benefits severely. Per Burton, Florida “eviscerated the permanent partial benefit system.” The current benefits are “less than available during the 1970s and markedly lower than... |
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Chicago and 2 California Counties Sue Over Marketing of Painkillers
| Today's post is shared from the nytimes.com As the country struggles to combat the growing abuse of heroin and opioid painkillers, a new battlefield is emerging: the courts. The City of Chicago and two California counties are challenging the drug industry’s way of doing business, contending in two separate lawsuits that “aggressive marketing” by five companies has fueled an epidemic of addiction and cost taxpayers millions of dollars in insurance claims and other health care costs. The severity of drug abuse is well documented: Use of prescription opioids contributed to 16,651 deaths in the United States in 2010 alone, and to an estimated 100,000 deaths in the past decade. When people cannot find or afford prescription painkillers, many have increasingly turned to heroin. The lawsuits assert that drug makers urged doctors to prescribe the drugs far beyond their traditional use to treat extreme conditions, such as acute pain after surgery or injury or cancer pain, while underplaying the high risk of addiction. Such marketing, the plaintiffs say, has contributed to widespread abuse, addiction, overdose and death. Taking the drug makers to court recalls the tobacco liability wars of the 1990s, with government entities suing in the hope of addressing a public health problem and forcing changes from an industry they believed was in denial about the effects of its products. The tobacco settlement led to agreements by the tobacco industry to change marketing practices, which is a goal of the opioid lawsuits. ... |
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Medicare Star Ratings Allow Nursing Homes to Game the System
CARMICHAEL, Calif. — The lobby of Rosewood Post-Acute Rehab, a nursing home in this Sacramento suburb, bears all the touches of a luxury hotel, including high ceilings, leather club chairs and paintings of bucolic landscapes. What really sets Rosewood apart, however, is its five-star rating from Medicare, which has been assigning hotel-style ratings to nearly every nursing home in the country for the last five years. Rosewood’s five-star status — the best possible — places it in rarefied company: Only one-fifth of more than 15,000 nursing homes nationwide hold such a distinction. But an examination of the rating system by The New York Times has found that Rosewood and many other top-ranked nursing homes have been given a seal of approval that is based on incomplete information and that can seriously mislead consumers, investors and others about conditions at the homes. The Medicare ratings, which have become the gold standard across the industry, are based in large part on self-reported data by the nursing homes that the government does not verify. Only one of the three criteria used to determine the star ratings — the results of annual health inspections — relies on assessments from independent reviewers. The other measures — staff levels and quality statistics — are reported by the nursing homes and accepted by Medicare, with limited exceptions, at face value. The ratings also do not take into account entire sets of... |
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Restoring Faith
Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com
| That was just one work comp group and happened to be the most prolific. Plenty of other comments have been made in other venues. I never in my wildest dreams would have imagined that my little, slightly sarcastic, muse on being both an employee and employer dealing with the same work injury and ultimately deciding that work comp was the worst of all worlds for dealing with it would create such interest, controversy, engagement and interaction. But it did. Some disputed that it could be labeled industrial since it was only a back sprain. Others said to stay out of the work comp system at all costs. And others simply demonstrated a lack of understanding of work comp, at least relative to California law. No one, though, said that I should file a claim as an employee or report the claim as an employer. Perhaps that's because everyone is a professional in the system, an insider, and everyone knows that once a claim comes into the system both the employer and the employee lose control to the gaming that every single vendor - insurance company, doctor, lawyer, etc. - will engage in to "do the right thing" according to their special interest. Certainly there were more "claim denied" or "services denied" responses than I thought would occur. Just like real life work comp. The California Workers' Compensation Appeals Board on Thursday designated a case a "Significant Panel Opinion" because a carrier that had approved nurse case manager services prior... |
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