Wednesday, April 29, 2015
Bumble Bee Foods, Two Others Charged in Death of Employee Trapped Inside Industrial Oven
Los Angeles County District Attorney Jackie Lacey today announced that Bumble Bee Foods LLC and two others were charged with willfully violating worker safety rules, allegedly causing the 2012 death of an employee who became trapped inside an industrial oven at the company’s Santa Fe Springs plant.
Tuesday, April 28, 2015
A More Efficient Process
The NJ Appellate Court reversed a Compensation Judge's dismissal of an employee's claim petition citing, delay in adjudication, and an inadequate record at the trial record.
The reviewing court in an opinion reversing the trial judge and reinstating the case wrote that the motion had lingered for too many years, ie. 4 years, the record below on the motion was vague and incomplete, and the legislative intent for an efficient and liberally construed process was not met.
The Appellate Division cited a 30 year old decision declaring the need for a more efficient process to adjudicate workers' compensation claims.
The reviewing court in an opinion reversing the trial judge and reinstating the case wrote that the motion had lingered for too many years, ie. 4 years, the record below on the motion was vague and incomplete, and the legislative intent for an efficient and liberally construed process was not met.
The Appellate Division cited a 30 year old decision declaring the need for a more efficient process to adjudicate workers' compensation claims.
Roderick v. Taxi & Limousine Three, LLC
Not Reported in A.3d, 2015 WL 1859321 (N.J.Super.A.D. 2015)
Monday, April 27, 2015
The Circus: OSHA Settlement
Ringling Bros. to enhance safety for all aerial acts after settlement agreement
9 employees injured in May 2014 fall in Providence, Rhode Island
Ringling Bros. and Barnum & Bailey Circus, will implement ongoing safety enhancements in aerial acts to protect employees against injuries like those sustained by its aerialists during a May 4, 2014, performance in Providence, Rhode Island. Feld Entertainment Inc., headquartered in Palmetto, Florida, owns the circus.
9 employees injured in May 2014 fall in Providence, Rhode Island
Ringling Bros. and Barnum & Bailey Circus, will implement ongoing safety enhancements in aerial acts to protect employees against injuries like those sustained by its aerialists during a May 4, 2014, performance in Providence, Rhode Island. Feld Entertainment Inc., headquartered in Palmetto, Florida, owns the circus.
Saturday, April 25, 2015
Medical Costs: Why Target the Drug Industry Now
The pharmaceutical industry may indeed be a major factor in the future success of reducing workers' compensation treatment costs and improve the success rate of care. Such action will reduce the cost of medical treatment and likewise reduce permanent disability awards.
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Merck Announces Results from Phase 2/3 Study of Investigational Chronic Hepatitis C Therapy Grazoprevir/Elbasvir in Patients with Advanced Chronic Kidney Disease
This week several landmark announcements were made regarding the treatment of mesothelioma and Hepatitis C. The pharmaceutical industry is making great strides if treatment and cure.
Perhaps targeting the drug industry at this time merely to reduce costs is short sighted. The entire program needs to be encouraged.
US FDA: Designation for CRS-207 in Mesothelioma Treatment
Merck Announces Results from Phase 2/3 Study of Investigational Chronic Hepatitis C Therapy Grazoprevir/Elbasvir in Patients with Advanced Chronic Kidney Disease
Friday, April 24, 2015
First Capital Insulation faces $490K in fines for willfully allowing unsafe asbestos removal
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| Workers safely remove asbestos. Source: OSHA.gov |
Three workers removing thermal pipe insulation at an unoccupied residence on North Second Street in Harrisburg were exposed to these serious risks because their employer failed to protect them properly.
U.S. Department of Labor Occupational Safety and Health Administration inspectors found that First Capital Insulation Inc. of York regularly exposed employees to asbestos hazards.
"Asbestos exposure can cause chronic lung disease and cancer. With the right safeguards, employees can be protected from these deadly hazards," said Kevin Kilp, director of OSHA's area office in Harrisburg. "We found employees removing insulation containing asbestos without first wetting the material, which reduces the danger of exposure. A little water could have made all the difference and the company knew this."
First Capital Insulation faces a $490,000 penalty for seven willful violations, including allowing workers to remove asbestos improperly; failing to make sure their employees' respirators fit correctly; and not decontaminating employees and their clothing before leaving the work site.
The clothing of workers who handle asbestos creates a significant risk for secondary exposure. Its microscopic particles can easily attach to hair, skin and clothes. If the worker and his clothing are not properly cleaned before leaving the work site, others with whom the worker has contact risk secondary exposure. A worker who fails to change out of asbestos-contaminated clothing before returning home can leave fibers embedded in couches, chairs, carpets, beds and other furniture.
OSHA requires employers to treat thermal system insulation and surfacing material found in buildings constructed before and in 1980 as asbestos, unless they can prove that the material is free of asbestos. In this inspection, the building was built in 1928, and the company made no attempt to test the removed materials.
To read the citations, visit http://www.osha.gov/ooc/citations/FirstCapitalInsulationInc_1002754_0420_15.pdf*.
First Capital Insulation is an environmental services company. It provides asbestos, lead abatement and insulation installation services. The company has 15 business days from receipt of its citations and proposed penalties to comply, request an informal conference with OSHA's area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
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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.
CMS Posts Sample Notice To Beneficiaries Regarding Appeal Rights
CMS has posted the following notice regarding MSP Appeal Rights under the SMART Act. Under the process the the Social Security Beneficiary is only a party of notice and the the direct parties become the Insurance Carrier or Workers' Compensation Entity who initiates the appeal. The process has yet to unfold when an injured workers moves for standing to appear and participate in the process.
On February 27, 2015, the Centers for Medicare & Medicaid Services (CMS) issued a final rule implementing certain provisions of the Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART ACT). This final rule establishes a formal appeals process for applicable plans (liability insurance (including self-insurance), no-fault insurance, and workers’ compensation laws or plans) in situations where the Secretary seeks Medicare Secondary Payer (MSP) recovery directly from an applicable plan. The rule is effective April 28, 2015, and applies to demand letters issued on or after April 28, 2015.
Beneficiaries will be notified in writing if an item or service they received is the subject of an appeal by the insurer or workers’ compensation entity.
A new document titled Appeals Process for Insurers and Workers’ Compensation Entities and Required Notice to Medicare Beneficiaries has been loaded to the downloads section of the What’s New page on the Beneficiary Services section of CMS.gov. The following link can be used to access the main page http://go.cms.gov/beneficiary. Once on the main page click the “What’s New” link in the left side menu and scroll to the bottom of the page.
Health Care Workers' Hazard: Cloth Based Masked Face Masks
Infection in the workplace is now becoming a major concern as new epidemics of disease spread worldwide facilitated by the ever increasing global transportation network. The recent and urgent concerns over Flu, Ebola, Measles and Polio highlight the need to protect health workers.
A recent study published the British Medical Journal focuses on the inadequacy of current medical practices. The study of Clinical respiratory illness (CRI), influenza-like illness (ILI) and laboratory-confirmed the spread of respiratory virus infection and highlights the the problems with cloth face masks.
"We have provided the first clinical efficacy data of cloth masks, which suggest HCWs should not use cloth masks as protection against respiratory infection. Cloth masks resulted in significantly higher rates of infection than medical masks, and also performed worse than the control arm. The controls were HCWs who observed standard practice, which involved mask use in the majority, albeit with lower compliance than in the intervention arms. The control HCWs also used medical masks more often than cloth masks. When we analysed all mask-wearers including controls, the higher risk of cloth masks was seen for laboratory-confirmed respiratory viral infection."
Click here to read the entire report.
"A cluster randomised trial of cloth masks compared with medical masks in healthcare workers"
BMJ Open 2015;5:e006577 doi:10.1136/bmjopen-2014-006577
"We have provided the first clinical efficacy data of cloth masks, which suggest HCWs should not use cloth masks as protection against respiratory infection. Cloth masks resulted in significantly higher rates of infection than medical masks, and also performed worse than the control arm. The controls were HCWs who observed standard practice, which involved mask use in the majority, albeit with lower compliance than in the intervention arms. The control HCWs also used medical masks more often than cloth masks. When we analysed all mask-wearers including controls, the higher risk of cloth masks was seen for laboratory-confirmed respiratory viral infection."
Click here to read the entire report.
"A cluster randomised trial of cloth masks compared with medical masks in healthcare workers"
BMJ Open 2015;5:e006577 doi:10.1136/bmjopen-2014-006577
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