Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.
Showing posts sorted by relevance for query apple. Sort by date Show all posts
Showing posts sorted by relevance for query apple. Sort by date Show all posts

Saturday, July 31, 2010

Workers Compensation Takes a Bigger Bite Out of the Big Apple

The Workers' Compensation costs for the City of New York are trending upward while the number of cases are declining. In its latest yearly report on Workers Compensation costs it was revealed that in 2009 $12.9 Million were paid out to injured workers in 14,430 cases. Uniformed employees, ie. fire and police, are not covered under the workers' compensation.


Click here to read more about workers' compensation and claims for benefits. For over 3 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 asbestos related illnesses.

Friday, November 21, 2014

Genetic Testing and the Need for a Federal Regulation

Today's post is shared from jurist.com/
The one dream that will never fade is falling in love, marrying the love of your life and starting a family. Now, imagine John and Jane Doe, a couple who fell in love in high school and got happily married after years of dating. The only thing missing to complete their fairytale romance was a family. After many unsuccessful attempts, the couple soon learned that they were infertile. Seeking help from the medical profession, they learned about the use of assisted reproductive technology (ART) to enhance their chances of becoming parents.
Pursuing the ART method, John and Jane found a donor whose sperm or eggs they wanted to use. They were assured from the sperm or egg bank that they chose a donor that had undergone careful screening and had been tested for health problems as required by law. Based on these assurances, the couple conceived using the donated reproductive tissue (DRT) that they procured from the bank and successfully gave birth to twins. Shortly after birth, both twins were diagnosed with a life threatening genetic disorder. This unfortunate outcome is the sad reality that arises from inadequate federal regulation of DRT in ART fertility treatments.
ART treatments entail surgically removing eggs from a woman's ovaries, combining them with sperm in the laboratory and returning them to the woman's body or implanting them in another woman's body. In the US alone, 20,000-30,000 babies a year are conceived (PDF) using...
[Click here to see the rest of this post]

Thursday, January 16, 2014

Fire at Chinese shoe factory kills 16: Xinhua

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

BEIJING (Reuters) - A fire at a shoe factory in eastern China killed 16 people and injured five, state media reported, the latest disaster to highlight China's poor workplace safety record.

The fire broke out at the factory in Wenling in the wealthy coastal province of Zhejiang on Tuesday, the official Xinhua news agency said.

More than 20 people were rescued and the injured were all in stable condition in hospital, it said. The cause of the fire was being investigated.

China, the world's second-largest economy, has a bad record on workplace safety. Fire exits in factories, office buildings and shops are often locked to prevent workers taking time off or stealing, or even blocked completely.

A fire at a poultry slaughterhouse in the northeastern province of Jilin in June 2013 killed 120 people. That blaze was blamed on poor management, lack of government oversight and locked or blocked exits.

Many industrial accidents happen in the huge coal mining industry, in which hundreds die every year from explosions, mine collapses and floods.

(Reporting by Ben Blanchard; Editing by Paul Tait)

Saturday, September 15, 2012

Worker-less Work: The Robots Are Coming

Jobs are no longer safe and secure and this is leading to temporary position where greater burdens and risks are placed upon the worker. As technology increases and more robots are placed into the workforce,  human labor is valued less and workers have become disposable commodities a recent report in Hazards reveals.

“The majority of the world’s workforce is informal and is in an extremely precarious position,” the 2008 report of a World Health Organisation (WHO) commission on social determinants of health observed. It noted: “The global dominance of precarious work, with its associated insecurities, has contributed significantly to poor health and health inequities.”


Click here to read Trashed! Deadly depression as precarious work becomes the norm


Friday, December 9, 2011

The Times They Are Changing

This year fall athletics have seem to be taking center field reflecting the problems of an inadequate workers' compensation system. The issues of safety, compensatibility, venue, benefit rates and medical care, are symptoms of a greater problem and are becoming a catalyst for change.

Today, David DePaolo, the President & CEO of WorkCompCentral, has editorialized of the lack of the ability of the workers' compensation system to meet present needs is now a major concern and that generally workers' compensation is just no longer relevant.

Click here to read his recent post: Professional Sports and the Relevancy of Comp
"I see all of this as evidence that things are changing, and that the pace of change is quickening. Obviously such things don't change overnight, but I would wager that the work comp world is going to be a much different landscape in 20 years, or even 10."

Related articles

Friday, January 22, 2021

Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates

It seems that every decade a new pandemic emerges on the world scene, and complacency continues to exist in the workers’ compensation arena to meet the emerging challenges of infectious disease.

Wednesday, November 9, 2011

Super Committee Ideas May Impact Workers Compensation in Super Ways

The "Super Committee" of the US Congress is mandated to set forth a proposal for debt reduction by November 30, 2012. Some of the proposals may impact the nations' workers' compensation in a big way. 


The proposals include extending premium raises for Parts B and D; changing the retirement age from 65 to 67; establishing a permanent "Doc Fix" and lower medical provider costs; lower the costs for durable goods and establish a cost limiting structure for prescription drugs. All of these suggested recommendations will potentially trigger changes in workers' compensation benefits and administrative procedures.


As more dollars are sought from entitlement programs to shore up the national debt, the integrated benefit program of workers' compensation will require modification as to the amount and duration of benefits as well as the cost. 

Friday, September 26, 2014

Florida carrier shut down by FMCSA ignoring hours, maintenance rules

Today's post was shared by Trucker Lawyers and comes from www.overdriveonline.com

Two former trucking company owners pleaded guilty Aug. 19 to violating shutdown orders issued by the Federal Motor Carrier Safety Administration in a reincarnated carrier ...

The Federal Motor Carrier Safety Administration has issued an imminent hazard out-of-service order to the Grand Ridge, Fla.-based Ken’s Trucking, a 33-truck fleet that hauls general freight and refrigerated food, the agency announced Sept. 18.
An investigation into the company revealed “numerous widespread violations of safety regulations,” the agency said in its announcement.
In the last 12 months, Ken’s Trucking has been involved in five recordable crashes, FMCSA says, and 29 of its drivers received 15 citations for speeding and 10 other traffic citations.
Related
FMCSA says it has suspended the authority of Espinal Trucking, based in Michigan City, for not cooperating with an investigation into its compliance history following ...

FMCSA says the carrier did not properly oversee and maintain driver qualification files, including medical certification and driving violation records, and it allowed drivers who tested positive for drug use — and with suspended CDLs — to operate its vehicles.
It also failed to ensure hours-of-service compliance of its drivers and did not properly maintain its...
[Click here to see the rest of this post]

Monday, July 4, 2011

Have A Happy and Safe 4th of July

Fireworks during the Fourth of July are as American as apple-pie, but did you know that more fires are reported on that day than on any other day of the year in the United States? Nearly half of these fires are caused by fireworks. The good news is you can enjoy your holiday and the fireworks, with just a few simple safety tips:

FACTS 
  • Each July Fourth,  thousands of people, most  often children and teens, are injured while using  consumer fireworks
  • The risk of fireworks injury is more than twice as high  for children ages 10–14 as  for the general population. 
PROCEED WITH CAUTION!
  • Leave fireworks to the professionals. Do not use consumer fireworks. 
  • The safest way to enjoy fireworks is to attend a public display conducted by trained professionals. 
  • After the firework display, children should never pick up fireworks that may be left over, they may still be active.

Monday, October 14, 2013

Foxconn admits labour violation at China factory

Today's post was shared by WCBlog and comes from www.bbc.co.uk


Foxconn, the world's biggest contract electronics maker, has admitted student interns worked shifts at a factory in China that were in violation of its company policies.
Foxconn

The firm, which makes products for some the world's biggest brands, has been under scrutiny for labour practices.
It had admitted to hiring underage interns at the same unit last year.

Foxconn said actions had been taken to bring the factory "into full compliance with our code and policies".

"There have been a few instances where our policies pertaining to overtime and night shift work were not enforced," the company said in a statement.

The manufacturing giant is owned by Taiwanese group Hon Hai Precision and employs about 800,000 workers around the globe.

Foxconn, while not a household name in itself for many consumers, is used by most of the big technology giants around the world, including Apple, Sony, Microsoft, HP, and Nokia.
It first came under scrutiny for its labour practices when 13 employees committed suicide at its Chinese plants in 2010.
The incidents raised concerns over working conditions at its units in China and drew attention to growing labour strikes.
For its part, Foxconn responded by raising wages, shortening working hours and employing counsellors on site.
It also installed suicide nets to factory living-quarters at its Shenzhen factory.

Also in 2010, Foxconn temporarily shut down a unit in India after 250 workers fell sick.

And in May 2011, two people were killed after...
[Click here to see the rest of this post]

Sunday, October 14, 2007

Workers' Compensation, "'The Dead Elephant' in the Room"

Joining a loud and vocal majority, Peter Rousmanie, a writer for the periodical, Risk and Insurance, has authored a series of 4 articles on the failing workers’ compensation system.

In a series initially focusing on the World Trade Disaster he has shifted his focus in the first two articles from merely the 911 tragedy to the entire system calling workers’ compensation, “”The Dead Elephant’ In the Room.”

World Trade Center In-Depth Series (Part 1): Up in Smoke

World Trade Center In-Depth Series (Part 2): The Disease Within

World Trade Center In-Depth Series (Part 3): Peeling a Sour Apple

Friday, June 21, 2013

Criminal Charges Urged Against Sedgwick

Injured Workers’ Advocates Seek Criminal Penalties for Death After Insurer’s “Callous Indifference, Reckless Disregard of Care”

"Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?"
Several attorneys from the Central Coast Chapter of the California Applicants’ Attorneys Association (CAAA), whose members represent Californians injured on the job, held a news conference today on the steps of the Ventura County District Attorney Gregg Totten’s (DA) office and called for the DA to file criminal charges against a claims adjuster for Sedgwick Claims Services, and against Sedgwick itself, for their callous  indifference to, and reckless disregard for, the health and welfare of Charles Romano, a Ralph’s Grocery Co. worker, which resulted in his death.

“Even after a judge determined Charles’ illness was a result of his work injury, the insurance carrier continued to refuse medical care. Charles soon died,” said Jill Singer, a Ventura workers’ compensation insurance attorney, and Central Coast CAAA Chapter President. “Why is it not criminal when workers’ compensation insurance companies kill patients through delaying and denying medical care?”

Sid Freeman was Charles Romano’s friend, and helped care for him during the final months of his life. “Charles and I were friends for over 27 years.  He was like a brother to me. Charles was only in his 40’s when he was injured on the job. He had surgery to repair his injuries and afterwards contracted a highly resistant staph infection that attacked his lungs, kidneys and paralyzed him,” said Freeman.  Sedgwick, the insurer, refused to pay for the necessary care for the infection. Ms. McDivitt, the claims adjustor, said the infection was unrelated to Charles’ work injury. This lack of needed care led to a horrific downward spiral in Charles’ health. Sedgwick drove Charles to want to die. He said, ‘I’m tired of having to fight for everything.’ Two weeks later, he died.”

Saturday, August 2, 2014

Trucker charged with vehicular homicide after alleged cellphone use led to fatal crash in Carlstadt

Today's post is shared from northjersey.com

In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.

Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.

Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.

State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.

A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
...
[Click here to see the rest of this post]


Tuesday, November 22, 2011

Gingrich Calls for More Child Labor, Calls Laws "Stupid"

Newt Gingrich's poll numbers are soaring for the US Presidential nomination. He has announced that he will offer radical proposals including the elimination of child labor laws. For decades child labor laws and penalties have been integrated into state workers' compensation acts acting as a safety deterrent to accidents.

Sunday, February 12, 2012

Santorum: Selling Health Care the Apple Way

Source: NY Times
As the Republican presidential primary keeps rolling along, it is becoming more apparent that under the Republican platform injured workers are going to get stuck under the wheels of the bus for health care.

In Woodland Park, Colorado, at a campaign stop Rick Sanatorium policy The National Journal reported:

"A young boy asked the former U.S. senator from Pennsylvania what he would do to keep prescription drugs affordable. Another woman in the audience chimed in that she couldn't afford her $900-a-month prescription.

"Santorum compared the costs to buying an iPad. "People have no problem going out and buying an iPad for $900,” he said. “But paying $200 for a drug they have a problem with -- that keeps you alive. Why? Because you've been conditioned in thinking health care is something you should get and not have to pay for."


This conservative dogma ironically conflicts with the social, economic and moral philosophy of the majority of Americans. It is one thing to reduce benefits due to austerity measures, it is quite another thing to just eliminate them outright because of a conservative doctrine. 


The path toward federalization will not be an easy one. There will be those who argue for elimination based on ideology, religion and cost. Workers' Compensation programs initially were met with such challenges, and those issues were surmounted. 


Comparing the purchase of life-saving drugs to the purchase of an iPad, is just wrong.  Those living in abject poverty don't buy iPads monthly. They need their prescription drugs to live. The companies that exposed workers to toxins, and then deny them workers' compensation benefits when they become ill, should not then pull the medical safety-net from under them. It is immoral to deny poverty-stricken ill workers medical care.


Selling the "option" of health and safety to American workers goes against the basic tenants of the century old system of workers' compensation. Healthcare, including, infections and diseases, impact all Americans. Much more creatively needs to be expressed rather just proposing cost shifting to those who obviously can't pay the cost.

See The New York Times report: Even Critics of Safety Net Increasingly Depend on It
"Dozens of benefits programs provided an average of $6,583 for each man, woman and child in the county in 2009, a 69 percent increase from 2000 after adjusting for inflation. In Chicago, and across the nation, the government now provides almost $1 in benefits for every $4 in other income."


Thursday, March 21, 2024

The New York Game: A Baseball Tale Steeped in Labor Struggles

Kevin Baker's "The New York Game" isn't just a love letter to baseball and the Big Apple. It's a rich tapestry that weaves the evolution of America's pastime with the burgeoning organized labor movement and the fight for workplace safety. While baseball takes center stage, Baker doesn't shy away from the harsh realities early ballplayers face.

Thursday, July 18, 2013

How far do you have to go to accommodate a lifting restriction?

Today's post was shared by Lynch Ryan and comes from www.safetynewsalert.com

Due to a workplace injury, an employee had a permanent 20-pound lifting restriction. She applied for a position that required heavy lifting. Did the company have to accept her suggestion on how to accommodate her restriction?

2workers-liftingRenee Majors worked at the General Electric (GE) Bloomington, IN, plant. In 2000, she suffered a work-related injury to her right shoulder that left her limited to lifting no more than 20 pounds and precluded her from work above shoulder level with her right arm.

The restrictions were temporary at first, but they were later determined to be permanent.

In 2009, Majors was the senior eligible bidder for a temporary purchased material auditor position under the collective bargaining agreement with GE. An essential function of the position was “intermittent movement of heavy objects.”

Friday, September 14, 2012

Family Responsibilities Discrimination - When An Employer Says No

An aging workforce creates many new problems including the responsibilities to take care of even older family members. Employers can can be harsh as they restrict such employee's request to care for aging family members.

A recent article in the NY Times discusses the issue of "Family Responsibilities Discrimination" as seniors try to step up to the plate to assist the very old family members in acute and chronic situations.

"Workers trying to care for their parents face greater challenges. “Child care is difficult because it’s so unrelenting,” Dr. Williams said. “Elder care is difficult because it’s so sudden.” Moreover, no one can predict how long those responsibilities will continue, and the costs can dwarf those of child care."


Click here to read When Work Makes You Choose (NY Times) and the Hastings Law School Project and AARP's efforts to assist legally those who has discriminated against in their view.

Read more about the "aging workforce"

Jul 07, 2012
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and .
Aug 03, 2012
"The aging of the U.S. population, the increasing share of females in the workforce, and, in recent years, the high unemployment rate are the primary factors explaining the rising costs of Social Security Disability Insurance." ...
Dec 05, 2009
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and ...
Oct 31, 2011
Statistics also reveal that the aging workforce is continuing to fall apart physically and file for Social Security Disability Insurance in lieu of workers' compensation at a greater rate than ever.. Even though more attention is now ...

Thursday, January 12, 2012

Top Disability Research Papers

The Social Science Research Network [SSRN] compiles published academic research papers and makes abstracts or the full articles available for download online. The database includes 376,944 abstracts, 308,704 full text articles and 177,289 authors, To date over 50,293,537 research paper downloads have occurred.


The TOP 4 Papers for the Journal of Disability Income & Work Injury Compensation eJournal hits for the last 90 days have been the following:

RankPaper Title
1
Pregnancy as 'Disability' and the Amended Americans with Disabilities Act Jeannette Cox,
University of Dayton School of Law,
Date posted to database: November 19, 2011
Last Revised: November 19, 2011
2
What Should We Do About Social Security Disability Appeals? Richard J. Pierce,
George Washington University Law School,
Date posted to database: November 8, 2011
Last Revised: November 8, 2011
3
What Can We Learn from Analyzing Historical Data on Social Security Entitlements? Joyce ManchesterJae Song,
Government of the United States of America - Congressional Budget Office (CBO), U.S. Social Security Administration,
Date posted to database: November 4, 2011
Last Revised: November 4, 2011
4
The Complex World of Workers' Compensation and Pharmaceutical Benefits Jon L. Gelman,
Attorney,
Date posted to database: November 17, 2011
Last Revised: November 17, 2011

.....
For over 3 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.

Monday, June 23, 2014

Trucking Lobby Blocking Safety Legislation

While serious transportation work-related accidents raise public attention for increased efforts to rein in unsafe transportation issues, the strong and effective trucking lobby has created a road block for reform. Today's post is shared from northjersey.com
Democrat Cory Booker is waging his first floor fight in the U.S. Senate, taking on colleagues in both parties who want to suspend regulations specifying how much rest truck drivers should get each week.
The issue drew attention because of the high-profile crash involving comedian Tracy Morgan on the New Jersey Turnpike this month, but it is also so closely identified with Booker’s predecessor, Sen. Frank Lautenberg, that a safety-advocacy group named a “congressional courage” award after Lauten­berg last week.
Booker, who filled Lautenberg’s term after he died last year, was also assigned to Laut­enb­erg’s spot on the subcommittee that regulates federal highways and the trucks and buses that use them. It’s natural, he said, for someone coming from such a con­gested state to make regulating large trucks a priority.
“New Jersey sent me down to fight New Jersey’s fight, and this is a New Jersey fight,” Booker said.
It’s a fight he may not win, however.
The trucking industry spends an average of $5 million on contributions to members of Congress during every two-year campaign cycle — Booker himself got $2,000 — and $10 million more...
[Click here to see the rest of this post]