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Wednesday, December 5, 2012

Breast Cancer and the Environment: A Life Course Approach - Institute of Medicine

Breast Cancer and the Environment: A Life Course Approach - Institute of Medicine:

"With more than 230,000 new cases of breast cancer expected to be diagnosed in the United States in 2011, many wonder about the role that environmental exposures may be playing. Susan G. Komen for the Cure® asked the IOM to review the current evidence on breast cancer and the environment, consider gene–environment interactions, review the research challenges, explore evidence-based actions that women might take to reduce their risk, and recommend directions for future research. Overall, the IOM finds that major advances have been made in understanding breast cancer and its risk factors, but more needs to be learned about its causes and how to prevent it.

"The report urges a life-course approach to studying breast cancer because new information suggests that women and girls might be more susceptible to some risk factors during certain life stages.

Read more about "breast cancer" and workers' compensation

Workers' Compensation: Breast cancer risk in relation to ...

Nov 23, 2012

"A growing body of scientific evidence suggests that mammary carcinogens and/or EDCs contribute to the incidence of breast cancer. Yet there remain gaps and limitations. This exploratory population-based case–control ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Breast Cancer Presumed Occupational ...

Mar 18, 2011

Fire fighters in Canada are supporting legislation that would establish a legal presumption that breast cancer is an occupationally related illness. The legislation also creates a presumption that 3 other cancers (skin, prostate ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Breast Cancer Linked to Occupational ...

May 29, 2010

"Odds ratios (ORs) were increased for the usual risk factors for breast cancer and, adjusting for these, risks increased with occupational exposure to several agents, and were highest for exposures occurring before age 36 ...

http://workers-compensation.blogspot.com/

Workers Compensation Benefits Awarded for Breast Cancer

Jan 12, 2011

The Nevada Supreme Court has awarded workers' compensation benefits to a firefighter who alleged that her occupational exposure at work to toxic substances caused her breast cancer. The court held that there was ...

http://workers-compensation.blogspot.com/

Thursday, November 29, 2012

The Devil is in the Details California Style

When Workers Compensation was adopted in the United States after the European model of a benefit system for injured workers in the early 1900's, it was supposed to be a simple remedial system, The unfolding California regulatory process is highlighting, yet again, that the system is in major trouble, and that the glimmer of hope, in the name of reform, to revived it from live-support, is lacking credibility.

The administrative system of Workers' Compensation was built upon simplicity, efficiency, as a social insurance system, It was a process encouraged by Industry to avoid litigation in the civil justice system. Giving up the right to a trial by a jury was a big trade off for Labor back in early 1900's. The adoption of the system, through its poster child, the tragic Triangle Shirt Waist Fire in New York City, was emblematic of the need for a practical system to make things work, and preserve justice in doing so.

The California reform effort of this summer, SB 863, was pushed through by some elite and self-serving lobbying groups, to try to "level the playing field" in a State where economic upheaval forced it to the verge of bankruptcy. As it edged closer to its own fiscal cliff, it was about to take an ailing workers compensation program with it.

Those who practice workers' compensation law in California have just gotten used to complexity. They spend enormous time and effort navigating a a maze of bureaucratic regulations that are generated each reform cycle in the name of simplicity and efficiency.

In promulgating Utilization Review Standards noted commentator David DePaolo, points out, "The fear of course is that regulations will end up either ineffective or unduly burdensome thus mitigating potential savings due to excess complexity."

The equation offered by the Rules simply just doesn't add up. They add more costs, fees and "independent extra-judicial parties," without time restrictions, to what is supposed to be a free and speedy process. Outsourcing justice is just taking another step away from the civil justice system and due process rights embodied in our Constitution.

After all these emergency regulations are promulgated, the California Legislature will again visit the system, and a new wave of reform will need to be considered. The devil in the details of the regulations will need to be reviewed. The next legislative cycle is anxiously awaited. Hopefully it will allow the legislature to be open to the suggestions and ideas of all stakeholders and a creatively new system will be entertained to handle medical delivery in the workers' compensation process.
....
Jon L.Gelman of Wayne NJ, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).

More about California and workers' compensation

Workers' Compensation: California Worker Coalition Objects to ...

Sep 13, 2012

Injured workers are voicing opposition to recently passed legislation in California to enact austerity measures to save the California workers' compensation from rising costs and expenses. The injured workers group is voicing ...

http://workers-compensation.blogspot.com/

Workers' Compensation: The Great California Trade Off 2012

Aug 15, 2012

Rumors spread like wildfire this week as alleged secret back-room dealing continued in an effort to reform the failing California workers compensation system, yet again. The great trade-off of 2012 appears to be a major move ...

http://workers-compensation.blogspot.com/

Workers' Compensation: California Takes an Austerity Axe to ...

Sep 01, 2012

Tonight the California Legislature took an axe to its ailing workers' compensation system, as part of major election year austerity measures. Targeting both medical and legal costs of operating the program, at the ...

http://workers-compensation.blogspot.com/

Corporate Workers Compensation Fraud: California Targets ...

Jul 12, 2012

Insurance Commissioner Dave Jones today announced that a statewide joint task force in the fight against California's underground economy has netted contractors allegedly operating illegally, resulting in 104 enforcement ...

http://workers-compensation.blogspot.com/

Tuesday, November 20, 2012

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

The Fifth Circuit Court of Appeals has remanded, for additional review, a complaint filed by a Texas Workers' Compensation attorney who alleges that his constitutional rights were infringed upon by a Texas statute prohibiting misleading advertising. The attorney was cited by the State of Texas for using a domain name that contain the words "Texas" and "Workers' Compensation." The site is named, TexasWorkersCompLaw.com

The Court stated that the use of the domain maybe constitutionally protected:

"A domain name, which in itself could qualify as ordinary communicative speech, might qualify as commercial speech if the website itself is used almost exclusively for commercial purposes."

Gibson v. Texas Department of Insurance, No. 11-11136, (5th CA)

Monday, November 19, 2012

Inconsequential

Employees Lives Are Inconsequential

Watching the Denzel Washington movie, Flight, this weekend, the importance of workers' compensation as an economic shield for employers became ever so apparent.

Workers' Compensation benefits were discussed in the boardroom following the loss of life of two members of the crew in a fatal crash. When the owner of the airlines was attempting to evaluate his economic exposure of a plane that crashed at the hands of a pilot who was flying DWI, the lawyers responded emphatically, the economic value of the two dead crew members could not be evaluated in the economic equation since their losses were inconsequential to the airlines as they were covered under workers' compensation.

Economics drives safety. If workers' compensrtion does not economically compensate injured workers and their famiies, then the remedy is inadequate. Loss of life should not be deemed inconsequential.

Tuesday, November 13, 2012

NJ Workers Compensation Courts Reopen

Long Beach Island, N.J., Nov. 11, 2012 -- Utility crews are hard at work on Long Beach Island to help residents with their recovery. FEMA is working with local, state and other federal agencies to provide assistance. Steve Zumwalt/FEMA

Almost two weeks after Hurricane Sandy made landfall in NJ, the New Jersey Division of Workers' Compensation has announced the reopening of the Lebanon and New Brunswick offices.

"Power has been restored to the New Brunswick and Lebanon Workers' Compensation Court offices, both will be OPEN for business on Tuesday, November 13, 2012."

Monday, November 5, 2012

OSHA urges hurricane recovery workers to protect themselves against hazards

The U.S. Department of Labor's Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New England states to be aware of the hazards they might encounter and the steps they should take to protect themselves.

"Storm recovery workers are working around the clock to clean up areas impacted by the storm," said Robert Kulick, OSHA's New York regional administrator. "We want to make sure that workers are aware of the hazards involved in cleanup work and take the necessary precautions to prevent serious injuries."

OSHA field staff members are providing safety assistance, technical support, and information and training to those involved in the recovery efforts. For more information about unsafe work situations, workers and the general public can contact OSHA's toll-free hotline at 800-321-OSHA (6742).

For more information about protecting workers during Hurricane Sandy recovery, visithttp://www.osha.gov/sandy/index.html. This comprehensive website offers fact sheets, concise "quick cards," frequently asked questions, safety and health guides, and additional information in English and Spanish.

Cleanup work can involve restoring electricity, communications, and water and sewer services; demolition activities; removal of floodwater from structures; entry into flooded areas; cleaning up debris; tree trimming; structural, roadway, bridge, dam and levee repair; use of cranes, aerial lifts and other heavy equipment; hazardous waste operations; and emergency response activities.

Inherent hazards may include downed electrical wires, carbon monoxide and electrical hazards from portable generators, fall and "struck-by" hazards from tree trimming or working at heights, being caught in unprotected excavations or confined spaces, burns, lacerations, musculoskeletal injuries, being struck by traffic or heavy equipment, and drowning from being caught in moving water or while removing water from flooded structures.

Protective measures include evaluating the work area for all hazards; assuming all power lines are live; using the right personal protective equipment (hard hats, shoes, reflective vests, safety glasses); conducting exposure monitoring where there are chemical hazards; following safe tree cutting procedures to prevent trees from falling on workers; and using fall protection and proper ladder safety when working at heights.

For additional information on grants, cleanup efforts and recovery resources, visit the Labor Department's Hurricane Recovery Assistance Web page, which is being continuously updated at http://www.dol.gov/opa/hurricane-recovery.htm. Also, a checklist of activities to be undertaken before, during and after a hurricane is available from the Federal Emergency Management Agency at http://www.ready.gov/hurricanes.

Read More About Safety

OSHA Urges An Injury & Illness Prevention Programs

Jan 17, 2012

The US Occupational Safety and Health Administration has published a white paper urging that States implement injury and illness prevention programs. Citing statistics of the consequences of industrial accidents and injuries ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Sun Exposure, Prevention and Workers ...

Jun 21, 2011

Sun Exposure, Prevention and Workers Compensation. The first day of summer brings attention to working outside, sun exposure and the risk of skin cancer. Workers Compensation coverage offers a unique opportunity to ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Symposium on Prevention of ...

Mar 29, 2011

Symposium on Prevention of Occupationally-Related Distracted Driving. Distracted driving (including texting while driving and cell phone use) is a major cause of motor vehicle crashes. Many workers may be distracted while...

http://workers-compensation.blogspot.com/

Federal Government Launches New Workplace Health Program

Jun 30, 2011

The initiative, with funds from the Affordable Care Act's Prevention and Public Health Fund, is aimed at improving workplace environments so that they support healthy lifestyles and reduce risk factors for chronic diseases like...

http://workers-compensation.blogspot.com/

Sunday, October 28, 2012

Tips for Disabled Persons to Prepare for a Hurricane

President Barack Obama receives an update on the ongoing response to Hurricane Sandy. Photo by Pete Souza

Disabled persons have special needs and special actions are required to help disabled individuals in advance of of a hurricane.

For the millions of Americans who have physical, medical, or other disabilities, emergencies such as hurricanes, floods and tornadoes present a real challenge. The same challenge also applies to the elderly and other special needs populations.

"Individuals with special needs are in the best position to plan for their own safety when disaster strikes, because they know their own personal needs and limitations," said Sandy Coachman, director of the Austin Transitional Recovery Office operated by the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA). "However, their unique needs may require more detailed planning and involve neighbors, friends, family, co-workers and personal care attendants."

While preparing their own plan, family members with relatives in nursing facilities also may want to contact the facility's administrator to see what its emergency plans are and to make sure the facility has the family's communication plan and contact numbers in case of an evacuation, according to Coachman.

For those who have special needs and live alone, FEMA suggests the following four steps to prepare for hurricane season, which runs from June 1 through November 30:

Get informed
Find out about special assistance that may be available in your community through your local emergency management coordinator or local chapter of the American Red Cross.

Make a plan
Decide what you will be able to do for yourself and what assistance you may need before, during and after a disaster. This will be based on the disaster type you might encounter and your capabilities. Consider your needs for daily living, getting around after a disaster or evacuating to a safer area.
Organize a network of assistance that includes care attendants, neighbors, friends, relatives and co-workers at home, school, workplace, volunteer site and any other places where you spend a lot of time. The members of your network should know your capabilities and needs and be able to provide help within minutes. It may be important to depend on more than one person at each location where you regularly spend time since people work different shifts, take vacations and are not always available.

Assemble a kit
A disaster supplies kit is a collection of basic items you would probably need to stay safe and comfortable during and after a disaster. They should be stored in a portable container as close to an exit door as possible. Special needs items should be considered as well, such as extra batteries for hearing aids and wheelchairs; food and water for companion animals; essential medicines, a list of current prescriptions and medications, and your medical history; and type and model numbers of medical devices you need.

Service animals may become confused, panicked, frightened or disoriented immediately before, during and after a disaster. Keep them confined or securely leashed or harnessed. A leash (or harness) in your kit is an important item for managing a nervous or upset animal.

If you have been disabled due to a work-related accident or exposure, be sure keep contact information for: your employer's workers' compensation insurance company, names and address of your treating physicians, and your attoney's contact information with you.

Maintain your plan and kit
Discuss the plan with your care attendant and the people in your network. Review the plan every six months and periodically quiz your assistants about what to do. Ensure that they know how to operate any medical equipment you need. Rotate food and water supplies.

Keep appropriate licenses for your service animal updated and keep them with you in the event you choose to use an emergency public shelter.
....
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.

Read more about Hurricane Safety for Workers and the Disabled

Safety Tips for Workers Preparing For Hurricane Sandy

Oct 25, 2012

http://workers-compensation.blogspot.com/

What Workers Should Do In Case of a Hurricane - Workers ...

Aug 04, 2012

Workers' Compensation insurance provides benefits if an employee is injured because of because of a hurricane. Preparing for a hurricane is important, and that should include reporting work related injuries to your employer ...

http://workers-compensation.blogspot.com/

Workers' Compensation: What Hurricane Relief Volunteers Need to ...

Aug 30, 2011

Hurricane relief volunteers are entitled to workers compensation benefits for injuries and illnesses that occurred as a result of their participation in relief efforts. In order to claim those benefits injured volunteers need to make ...

http://workers-compensation.blogspot.com/

Workers' Compensation: What to Do During an Earthquake

Aug 24, 2011

The recent earthquake in the northeast US highlights that workers become aware of what to do in case a hurricane strikes. Stay as safe as possible during an earthquake. Be aware that some earthquakes are actually ...

http://workers-compensation.blogspot.com/

Friday, October 26, 2012

When Is The Child of an Infertile Woman a Dependent

The child of an infertile woman has yet another hurtle of proof to establish dependency status in a workers' compensation as the NJ Supreme Court decided that a formal adoption is necessary for an infertile woman to be designated as the legal mother of her husband’s biological child born to a gestational carrier.

Statutory dependency status in workers' compensation is confirmed by law to designated individuals. Those who are not specifically enumerated by the Workers' Compensation Act, ie. a non-biological child, may be considered a dependent after formally establishing dependency status. N.J.S.A. 34:15-13. Legal adopt will confer statutory status.

"Absent adoption, the Act does not recognize an infertile wife as the legal mother of her husband’s biological child born to a gestational carrier. The Act does not violate the right to equal protection under Article I, paragraph 1 of the New Jersey Constitution because the distinctions drawn between an infertile husband and an infertile wife are grounded in actual reproductive and biological differences, which the Legislature may consider in defining alternative means of creating parenthood. "

IN THE MATTER OF THE PARENTAGE OF A CHILD BY T.J.S. AND A.L.S., h/w (Decided October 24, 2012 (NJ 2012).

Also read The Jurist "New Jersey Supreme Court upholds surrogacy law"

Read more about "dependency benefits"

The NJ Supreme Court Declares Dependency Benefit Increases are ...

Jun 09, 2008

The NJ Supreme Court Declares Dependency Benefit Increases are Not to Be Retroactively Applied. The NJ Supreme Court reversed a ruling of the Appellate Division and declared the Legislature's 2004 amendment to the ...

http://workers-compensation.blogspot.com/

Court Awards Dependency Benefits to Police Officer Who

Apr 20, 2009

Court Awards Dependency Benefits to Police Officer Who Committed Suicide. The dependents of a deceased police officer will receive benefits as a result of the officer's work-related suicide related to stress. Wilde v Township ...

http://workers-compensation.blogspot.com/

Workers' Compensation: US Supreme Court Hears Arguments on ...

Mar 21, 2012

The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a ...

http://workers-compensation.blogspot.com/

Medicare Denied Reimbursement From Claim Of Survivor: Held

Oct 01, 2010

The decision may have a sweeping national impact on workers' compensation dependency claims, as they are also separate and distinct actions against an employer. Bradley v, Sebelius, 621 F. 3d 1330, 2010 WL 3769132 ...

http://workers-compensation.blogspot.com/

Wednesday, October 24, 2012

Doctors, Patients and Opioid Abuse

Getting to the real reasons why doctors prescribe opioids to opioid abusers is an apparent challenge to the essence of the nation's workers' compensation system. In a recent article in the New England Journal of Medicine it is revealed that doctors continue to prescribe opioids to abusers because of "...Recent changes in medicine's philosophy of pain treatment, cultural trends in Americans' attitudes toward suffering, and financial disincentives for treating addiction ..."

Until the workers' compensation medical delivery program furnishes treatment delivery in an effective and efficient manner the challenge of drug addiction will tragically continue.

More about drug addiction

Workers' Compensation: Physicians Petition to Limit Opioid Abuse

Jul 27, 2012

Pharmaceutical reform has been a major topic of interest and reform efforts nationally in the workers' compensation arena. More particularly the alledged abuse of opioids have received particular attention. Several physicians ...

http://workers-compensation.blogspot.com/

Whose to Blame for Opioid Abuse in Workers' Compensation Claims?

May 24, 2012

A recent Texas case holding an employer liable holding an employed liable for a fatal opioid overdose arising out of work-related event highlights again that, the workers' compensation medical delivery system just isn't ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Nursing Home Abuse: Drugging of Patients

Jan 28, 2012

Nursing Home Abuse: Drugging of Patients. Many seriously injured workers end up living in nursing homes for convenience and care. Workers compensation act usual pay for nursing home care, but do they really know what ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Workers Compensation Insurance ...

Oct 28, 2009

The Wall Street Journal reports today about a claim against pharmacies as a result of customer drug abuse. In the State of Nevada a case is pending that may confer liability upon a drugstore for the consequences of an ...

http://workers-compensation.blogspot.com/

Copyright

Wednesday, December 5, 2012

Breast Cancer and the Environment: A Life Course Approach - Institute of Medicine

Thursday, November 29, 2012

The Devil is in the Details California Style

Tuesday, November 20, 2012

Constitutional Challenge to Texas Workers' Compensation Domain Name--The Forbidden Words

Monday, November 19, 2012

Inconsequential

Tuesday, November 13, 2012

NJ Workers Compensation Courts Reopen

Read more about "Hurricane Sandy"

Monday, November 5, 2012

OSHA urges hurricane recovery workers to protect themselves against hazards

Sunday, October 28, 2012

Tips for Disabled Persons to Prepare for a Hurricane

Friday, October 26, 2012

When Is The Child of an Infertile Woman a Dependent

Wednesday, October 24, 2012

Doctors, Patients and Opioid Abuse

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Wednesday, December 5, 2012

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