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Showing posts sorted by relevance for query commission. Sort by date Show all posts
Showing posts sorted by relevance for query commission. Sort by date Show all posts

Tuesday, February 8, 2011

Proposal to Eliminate Participation of Lawyers

A proposal has been made by the Commission of Labor in Oklahoma, Mark Costello, to eliminate the participation of lawyers at the hearing level in workers' compensation matters. The reform has been suggested to save money and put more money on the hands of the injured workers.


Costello, a local businessman, was elected last November on the Republican ticket. He founded American Computer & Telephone (AMCAT) that he sold in 1991.


McCullough’s 279-page measure, House Bill 1224, would create a workers’ compensation commission with three members: a physician, an attorney and an industry professional. Administrative law judges would preside over claims hearings.

Thursday, September 4, 2014

$1.4 Billion in Penalties Is Sought in California Gas Blast

Today's post is shared from nytimes.com/
Four years after a natural gas explosion tore through a neighborhood of San Bruno, Calif., killing eight people and injuring dozens of others, some of them seriously, the Pacific Gas & Electric Company has been hit with a proposed $1.4 billion penalty for suspected safety violations.
It is the largest safety penalty proposed to the California Public Utilities Commission.
In the decisions announced on Tuesday, a pair of administrative law judges said that the company committed 3,798 violations of state and federal laws, rules, standards or regulations in connection with its pipeline.
Under the proposal, still subject to the approval of the commission, the bulk of the proposed penalty, $950 million, will go into the state’s general fund, while $400 million will pay for pipeline improvements and about $50 million to enhance pipeline safety.
The deadly explosion in 2010 raised concerns about the care and maintenance of underground pipelines as the use of natural gas has boomed as a coal alternative.
The utility has already spent hundreds of millions of dollars settling claims by the victims and their families and contributing to the recovery efforts in San Bruno, a suburb of San Francisco, where the gas and electric company is based.
PG&E also faces charges by federal prosecutors in San Francisco, who earlier this year accused the company of “knowingly and willfully” violating the Pipeline Safety Act and of obstructing a federal investigation into the...
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Monday, September 1, 2014

Virginia: Delays in workers' comp system hold up treatments

Today's post is shared from Hamptonroards.com
The Virginia Workers' Compensation Commission is an independent state agency with 270 employees and an annual operating budget of nearly $45 million.
Disputed cases are heard by one of the 21 deputy commissioners unless the parties agree to mediation. In 2013, "the average turnaround time from the time a case was referred to the hearing docket to the date the hearing was held was 150.9 days" or about five months, said James Szablewicz, who has served as chief deputy commissioner for the past decade.
In most cases, the deputy commissioner is supposed to issue a ruling within 21 days of the hearing. After that, a worker or employer's representative may file an appeal to be heard by the three commissioners. The commissioners are considered the equivalent of civil court judges in Virginia. The General Assembly appoints them to renewable six-year terms.
Virginia law does not set deadlines for hearings before deputy commissioners or commissioners. One way, however, that the commission expedites the process is to sometimes substitute an "on-the-record" decision for a hearing, Szablewicz said. In cases with smaller-scale disputes that...
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Friday, October 4, 2013

Schneider Electric Recalls APC Surge Protectors Due to Fire Hazard

Today's post was shared by U.S. CPSC and comes from www.cpsc.gov

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.
APC 7 Series SurgeArrest surge protector
APC 7 Series SurgeArrest surge protector
APC 8 Series SurgeArrest surge protector
APC 8 Series SurgeArrest surge protector
Model and serial numbers are located on the bottom of the surge protector
Model and serial numbers are located on the bottom of the surge protector

The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the product on SaferProducts.gov

CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. Deaths, injuries and property damage from consumer product incidents cost the nation more than $900 billion annually. CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical or mechanical hazard. CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters and household chemicals - contributed to a decline in the rate of deaths and injuries associated with consumer products over the past 30 years.

Federal law bars any person from selling products subject to a publicly-announced voluntary recall by a manufacturer or a mandatory recall ordered by the Commission.

To report a dangerous product or a product-related injury go...
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Saturday, September 13, 2008

NJ Workers' Compensation System Purportedly Under Investigation by State Commission of Investigation

New Jersey’s workers’ compensation problems are far from over as the NJ State Commission of Investigation (SCI) has purportedly launched an investigation of the NJ Compensation Rating and Inspection Bureau. The NJ system became the center of media attention following a Star Ledger newspaper series reporting serious problems.

The NJ SCI last performed a comprehensive review of the NJ Workers’ Compensation system 28 years ago following an investigative report in the State Ledger. At that time the SCI reported serious violations which resulted in judicial reviews and changes in the substantive and procedural aspects of the NJ workers’ compensation system.

The NJ Legislature expeditiously held hearings and passed legislation embracing some administrative requested changes, endorsed by Industry, which Governor Corzine has not acted upon. The finance bills and procedural oversight bills remain pending. The silence of the victims at the legislative hearings set an ominous tone to the earlier oversight hearings.

The release of data has always been problematic for the governmental agency charged with compensating victims and financed through insurance company premium payments and regulated by a rating agency that was entirely insurance Industry dominated. This new turn in developments possibly will shed some more light at what is happening in the dark closet.

Sunday, July 20, 2014

Port of Seattle, Eagle Marine Agree to Make Terminal 5 Big Ship Ready

Today's post is shared from Kit Case of Causey Law (Longshore Law Firm) of Seattle Washington.

The Port of Seattle and Eagle Marine Services (EMS), operator of Terminal 5, announced on May
Kit Case
16th a proposal to relocate its cargo and breakbulk activities to another terminal so that the port can modernize Terminal 5 to handle the bigger ships that are changing international shipping.

“If we’re going to keep jobs in Washington state, we need investments that make us globally competitive,” said Port of Seattle Commissioner Bill Bryant. “That’s why we’re rebuilding T5. We’re investing in jobs. Modernizing T5 so it can handle the new big ships is the first step in realigning our port for the future.”

“As we are working to preserve maritime jobs in Seattle, the Commission is moving forward to strengthen cooperation with the Port of Tacoma to increase trade in Puget Sound,” said Port of Seattle Commissioner John Creighton. “We’re having productive talks on how we can make the Puget Sound gateway more competitive and create new jobs.”

ILWU Local 19 appreciates the work the Port of Seattle and terminal operators are doing to keep cargo here in Seattle by making each of our terminals big ship ready,” said ILWU Local 19 President Cam Williams. “By preparing for the future, we insure that jobs will stay in the region.”

Shipping lines are consolidating into new alliances, and have been launching much bigger ships as part of their strategy to reduce costs. While three of the port’s container terminals are already home to Super Post-Panamax cranes that service 10,000 TEU vessels and above, the existing cranes at Terminal 5 are not able to handle these bigger ships.

Under the proposal, EMS would shift its operations to Terminal 18, allowing EMS to preserve container volume and ship calls. This commitment will preserve maritime jobs that depend on cargo flowing today through T5. Cargo destined to T5, under this proposal, would begin transitioning to T18 in mid-June. The proposal with EMS is tentative pending approval by the Port of Seattle Commission.

“T5 needs to be modernized for the bigger ships that are already here, we applaud the Port in working with us to preserve our customers’ cargo through this gateway,” said Nathaniel Seeds, COO of Eagle Marine Services, Ltd.

Maintaining efficient cargo throughput is essential for moving goods in and out of the port. With four in ten jobs in Washington dependent on trade, these terminal improvements will insure that Washington goods can get out of the Port of Seattle and into markets world-wide.

“Preserving vessel service capacity is good for exporters, we appreciate the Port of Seattle’s efforts to keep this gateway competitive,” said Anderson Hay CEO & President Mark Anderson.

The Port has also received approval from the federal government to let the U.S. Army Corps of Engineers begin studying the potential for a project that may result in the deepening of the West Waterway channel near the terminal.

Wednesday, June 16, 2021

Court Upholds Mandatory Vaccination or Termination

A Federal court has dismissed an action brought by 117 employees against Houston Methodist hospital’s policy requiring employees to be vaccinated against COVID-19 by June 7, 2021, or be terminated.

Thursday, August 21, 2014

California Commission on Health and Safety and Workers’ Compensation (CHSWC)

Today's post is authored by Julius Young of the California Bar and shared from workerscompzone.com
This past Friday the California Commission on Health and Safety and Workers’ Compensation (CHSWC) met in Oakland.
If there was little policy drama in the policy presentations, other aspects of the meeting had drama.
Apparently concerned that protesters or rowdy commenters would disrupt the meeting, CHSWC staffers or members arranged for a watchful presence from 2 CHP officers. A flyer outlining a conduct code for public comment was distributed. Public comments were limited to 2 minutes.
The public was allowed to express opinions, but not to ask questions of the various think tank consultants and DWC staff giving updates on various topics.
When loud and spirited comments by Berkeley labor activist Steve Zeltzer went overtime, CHP staff moved in closer, leading to charges from  Zeltzer that dissent was being locked down.
One frustrated interpreter was cut off at two minutes and forced to file another request to speak form to get more speaking time. I think she was from Southern California, meaning that she traveled a long way if she was only allowed to speak for 2 minutes.
Later, an injured worker in the audience seemed bewildered that she could not direct questions to the CHSWC commissioners, half of whom are appointees from labor unions and half from employers. CHSWC member Christy Bouma of the California Professional Firefighters tried to...
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Wednesday, May 18, 2011

Attorney General Holder Names Sheila L. Birnbaum as Special Master of September 11th Victim Compensation (Zadroga) Fund


Attorney General Eric Holder today announced that he has chosen Sheila L. Birnbaum to head the September 11th Victim Compensation Fund program. Birnbaum, a life-long New Yorker, has decades of experience resolving complicated litigation.  Birnbaum, a defense attorney,  gained recognition and regard from the victims community for her work mediating a settlement of $500 million for 92 families of victims of the September 11th terrorist attack on the World Trade Center.  

Birnbaum will administer the fund created under the James Zadroga 9/11 Health & Compensation Act, signed into law by President Obama on Jan. 2, 2011. The bill reactivates the September 11th Victim Compensation Fund that operated from 2001-2003, expanding the pool of applicants to include first responders and other individuals who experienced latent physical injuries associated with the attacks or with debris removal.

“Sheila Birnbaum brings extensive experience, credibility and unique insight to this important role,” said Attorney General Holder. “She has worked closely with, and won the trust of, the families of 9/11 victims with whom she worked. I know that under her direction, the fund will be administered in a manner that is sensitive and fair to those who have suffered so much from the September 11th attacks.”

“As a life-long New Yorker, the opportunity to serve the country and the 9/11 community in this way is a tremendous honor,” Birnbaum said.   “My first priority will be to sit down with the people who will be most affected by the program, and see how we can design a program that is fair, transparent and easy to navigate.   The fund needs to get up and running quickly.   At the same time, I want to make sure we do it right.

Ken Feinberg laid a great foundation during the fund’s first iteration, and I plan to build upon it,” continued Birnbaum.  

The fund is expected to become fully operational after funding appropriated for its administration becomes available on Oct. 1, 2011.   Birnbaum indicated that she will publish proposed regulations to govern the program as soon as possible, and take public comment on those proposed regulations over the summer before finalizing them.

In 2006, 9/11 victims and corporate defendants jointly asked Judge Alvin K. Hellerstein to appoint Birnbaum to mediate 95 wrongful death and personal injury cases.   Birnbaum successfully mediated 92 of them.   Judge Hellerstein called her work “extraordinary” and noted that she had gained credibility with the 9/11 community.   In a March 5, 2009, order Hellerstein wrote, “She allowed each of the plaintiffs’ families to express their loss and the quality of the lives lost on September 11.   She absorbed their losses and their pain with empathy. . . .   She gained plaintiffs’ confidence.”

Birnbaum, the daughter of a grocery store owner in Harlem, N.Y., attended James Monroe High School, and graduated from Hunter College as the first person in her family to attend college.   She taught the fourth grade at P.S. 62 in the Bronx, N.Y., before attending New York University School of Law.   Since law school, she has taught at both Fordham University School of Law and NYU School of Law, where she became Associate Dean.   She is now a partner at Skadden, Arps, Slate, Meagher & Flom, and the chair of the firm’s Mass Torts Litigation Group. That firm represents and defends corporations in products liability actions. Ms. Birnbaum represented Metropolitan Life Insurance Company in the nations longest running tort case, asbestos litigation.

Birnbaum has an extensive career in public service.   Among other positions, she has served as the first president and founding member of Judges and Lawyers Breast Cancer Alert; as a member on the New York State Judicial Commission on Minorities; as Executive Director for the U.S. Court of Appeals for the Second Circuit’s Task Force for Racial, Ethnic and Gender Fairness; as Chair for the Commission on Fiduciary Appointments; and as President of the New York Women’s Bar Association.

Thursday, February 28, 2013

California, Workers' Compensation and The Nuclear Option


There has been a call among eminent commentators in California to invoke “The Nuclear Option,” abolishment of the Workers’ Compensation Act entirely.  The suggestion was aired in response to proposed legislation (AB 1309) that would implement a statutory limitation on extraterritorial coverage for professional athletes and reflects a trend to emasculate the benefit program by incremental “take backs.”  

An analysis demonstrates that the law, proposed by California Insurance Committee Chairman Henry Peres (D-Fresno), may indeed be the triggering mechanism to implode the entire system both in California and in the Nation. It may very well be the sentinel event.

California has had a logarithmically problematic workers’ compensation program for at least the past 3 decades. It has been literally a political football. The promise to provide a simple, economically conservative and expeditious administrative system of benefits has turned into an outright nightmare. Both labor and Industry have tried, to no avail, to meet those noble goals against a tide of crippling economic downturn, new and costly medical modalities, waves of emerging occupational diseases, and an onslaught of outside vendors who are “eating the lunch” of the system.

Saturday, September 14, 2013

Ideas of Federal Panel on Long-Term Care Don’t Cover Costs

Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com

The federal Commission on Long-Term Care on Friday issued more than two dozen recommendations meant to bolster services for older Americans and people with disabilities, but stopped short of endorsing a new public or private program to help families pay for home health care, custodial care, assisted living or nursing home services.

“We’re disappointed,” said James Firman, president of the National Council on Aging. “They kind of ducked the most important issue.”

The commission was established by Congress last January after the demise of the Class Act, a voluntary long-term care insurance program originally part of the Affordable Care Act. It was given limited resources, an ambitious agenda and a very tight timetable: the first meeting was held in June, three months before the deadline for issuing a report.

Many experts judged it a “semi-serious, halfhearted effort on behalf of the Congress,” Mr. Firman said.

Yet how to pay for the rising costs of long-term care is a pressing problem. Public programs and families spent $317 billion on long-term care services — nursing homes, home health aides and so forth — in 2011, according to the Congressional Research Service. AARP estimates the yearly value of unpaid care provided by 42 million caregivers at $450 billion.

More than 12 million Americans rely on long-term care services, and the number is expected to expand sharply as baby boomers age. Only impoverished older Americans and...

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Wednesday, December 21, 2016

OSHA Issues Final Record Keeping Rule

The Occupational Safety and Health Administration on Monday will issue a final rule that clarifies an employer's continuing obligation to make and maintain an accurate record of each recordable injury and illness. The final rule becomes effective Jan. 18, 2017.

Monday, August 5, 2013

Illinois: Employer Convicted of a Felony for Failure to Have Workers' Compensation Insurance

The Illinois Worker’s Compensation (IWCC), in conjunction with the Cook County State’s Attorney’s Office Special Prosecutions Division and the Cook County Sheriff’s Office, has secured the first felony conviction for failure to secure workers’ compensation insurance. 

Mr. Ahmed Ghosien, d/b/a Ghosien European Auto Werks, refused to comply with Illinois law despite having been given several opportunities to become compliant.  After aggressive enforcement efforts, on July 25, 2013, Mr. Ghosien entered a guilty plea to the Class 4 felony (People v. Ahmed Ghosien, 12 CR 20949).  This is the first felony conviction against an employer for failure to obtain workers’ compensation insurance since the penalty increase, from a misdemeanor to a Class 4 felony, was introduced in 2005 and remained a critical part of Gov. Quinn’s reforms to the Worker’s Compensation Act in 2011.

Monday, July 29, 2019

U.S. Department of Labor Investigation Finds New Jersey Contractor Exposed Employees to Lead and Other Hazards at Pennsylvania Worksite


The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited Scot Christopher Rule LLC for exposing workers to lead and other workplace hazards as the company renovated and remodeled a worksite in Easton, Pennsylvania. The company faces $104,637 in proposed penalties.

Thursday, June 9, 2016

NJ Supreme Court Allows COLA Pension Freeze

LaVECCHIA, J., writing for a majority of the Court. In this appeal, the Court considers whether the 2011 suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract right granted under the earlier enacted “non-forfeitable right” statute, L. 1997, c. 113 (presently codified as N.J.S.A. 43:3C-9.5).

Wednesday, August 9, 2023

Amazon Cited by OSHA for NJ Warehouse Safety Violations

A federal workplace safety investigation has again found workers at an Amazon fulfillment center exposed to ergonomic hazards, this time at a Logan Township facility. 

Tuesday, December 21, 2010

New Jersey Launches Workers' Compensation Centennial Celebration

Next year, 2011, marks the 100th anniversary of the enactment of the NJ Workers' Compensation Act. For a century,  the State has embraced a no-fault system that has provided benefits to injured workers in a summary fashion.

Peter J. Calderone, Director and Chief Judge has announced that A Celebration and Recognition Dinner is planned on May 17, 2011 and a no fee Seminar with CLE credits at all vicinages will be held on May 2, 2011.

Friday, September 20, 2013

Shimano American Recalls Disc Brake Calipers Due to Collision Hazard

Today's post was shared by U.S. CPSC and comes from www.cpsc.gov

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Shimano BR-CX75 disc brake caliper model number
Shimano BR-CX-75 disc brake
Shimano BR-R515 disc brake model number
Shimano BR-R515 disc brake

Recall Details

In conjunction with

Units

About 6,600 in U.S. and 704 in Canada

Description

This recall includes all Shimano BR-CX75 aftermarket disc brake calipers and BR-R515 disc brake calipers installed on road and cyclocross bicycles sold by other manufacturers including BMC, Giant, Ibis, Raleigh, Shinola, Specialized and Volagi. “Shimano,” “China” and the model number are embossed on the outside of the brake caliper. Both models have either black or silver finishes.   

Incidents/Injuries

None reported.  

Remedy

Consumers should immediately stop using the bicycles with recalled Shimano brakes and contact a Shimano authorized dealer to receive a free installation and replacement of the calipers.   

Sold at

Bicycle specialty stores and dealers nationwide from February 2012 through May 2013 for about $75 for the BR-CX75 model disc brake calipers and the BR-R515 model disc brake calipers price was included in the cost of the bicycles where installed.

Manufacturer

Shimano American Corporation, of Irvine, Calif. 

Manufactured in

China


The U.S. Consumer Product Safety Commission (CPSC) is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about your experience with the...

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Tuesday, June 22, 2010

Oil Spill Workers Hazards May Cause Health Hazards The National Institute of Medicine held a hearing yesterday, continuing today, in New Orleans.

Heat, exposure to chemicals and changes caused by the disaster, yield a recipe for serious medical conditions, so reported a group of presenters at the National Institutes of Medicine conference in New Orleans. Those conditions include lung, kidney and liver function.


June 22, 2010

8:00 a.m. Registration
8:30 a.m. Welcome Harvey V. FinebergPresident, IOM
8:40 a.m. Charge to the IOM
Nicole Lurie, Assistant Secretary for Preparedness and Response, Department of Health and Human Services
8:50 a.m. Introductory Remarks
Planning Committee Chair: Nancy E. AdlerUniversity of California, San Francisco
9:00 a.m. The Compelling Need to Understand the Effects of Oil Spills on Human Health
  • Bernard D. Goldstein, University of Pittsburgh
  • Blanca Laffon, University A Coruna
  • Edward B. Overton, Louisiana State University
9:45 a.m. The Response of the Federal Government to Health ConcernsJohn Howard, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention
SESSION I. AT-RISK POPULATIONS AND ROUTES OF EXPOSURE

10:00 a.m. Panel Discussion. Taking Stock: Who Is at Risk and How Are They Exposed?
Moderator: 
Linda RosenstockUniversity of California, Los Angeles
  • Routes of Exposure and At-Risk Populations - Paul J. Lioy, Rutgers University
  • Residents of Affected Regions: General and Special Populations - Maureen Y. Lichtveld, Tulane University
  • Occupational Risks and Health Hazards: Workers and Volunteers - Scott Barnhart, University of Washington
SESSION II. SHORT- AND LONG-TERM EFFECTS ON HUMAN HEALTH

11:10 a.m. Panel Discussion. The Here and Now: What are the Short-term Effects on Human Health?
Moderator: 
Linda A. McCauley, Emory University
  • Short-term Physical Effects - Nalini Sathiakumar, University of Alabama at Birmingham
  • Short-term Psychological Stress - Howard Osofsky, Louisiana State University 
  • Heat Stress and Fatigue - Thomas E. Bernard, University of South Florida
12:20 p.m. LUNCH (on your own)

1:30 p.m. Panel Discussion. The Need to Know: What Are the Potential Delayed and Long-term Effects on Human Health?
Moderator: 
Kenneth Olden, Hunter College of the City University of New York
  • Neurological, Cancer, and Other Chronic Conditions - Peter Spencer, Oregon Health & Science University
  • Human Reproduction - Brenda Eskenazi, University of California at Berkeley
  • Impact on Health and Vulnerabilities of Children - Irwin Redlener, National Commission on Children and Disasters
  • Stress - Sheldon Cohen, Carnegie Mellon University
  • Lessons Learned from Previous Oil Spills - Lawrence A. Palinkas, University of Southern California
SESSION III. STRATEGIES FOR COMMUNICATING RISK
3:00 p.m. Engaging the Public, Protecting Health
Presenter: 
David Abramson, Columbia University
3:20 p.m. Dialogue with Workshop Participants
Moderator:
 Mike Magee, Healthy-Waters.org
  • Brief Invited Remarks - Community Perspectives:
    - Myra Lewis
    - Diem Nyugen
    Wilma Subra
    John Hosey (invited) 
  • Open Dialogue with Audience
4:20 p.m. Day 1 Closing Remarks
Nancy E. Adler, University of California, San Francisco
4:30 p.m. ADJOURN

June 23, 2010

8:30 a.m. Registration
9:00 a.m. Recap of Day 1 Discussions and Overview of Day 2Nancy E. Adler, University of California, San Francisco
9:10 a.m. Remarks from the Surgeon General of the United States Public Health ServiceVice Admiral Regina M. Benjamin
SESSION IV. OVERVIEW OF HEALTH MONITORING ACTIVITIES
9:20 a.m. Panel Discussion. How are State Governments Currently Monitoring the Effects of the Gulf of Mexico Oil Spill on Human Health?
Moderator:  
LuAnn E. White, Tulane University
  • Jimmy Guidry, Louisiana State Health Officer
  • Mary Currier, Mississippi State Health Officer
  • Ana M. Viamonte Ros, Florida State Surgeon General
  • Donald E. Williamson, Alabama State Health Officer
  • Bruce Clements, Director of the Community Preparedness Section, Texas Department of State Health  Services
SESSION V. RESEARCH METHODOLOGIES AND DATA SOURCES
10:30 a.m. Panel Discussion. Critical Thinking: What Research Methodologies and Data Sources Could Be Used in Surveillance and Monitoring Activities?
Moderator: 
John C. Bailar III, University of Chicago
  • Overview of Research Methodologies and Data Collection - Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
  • Surveillance and Monitoring - Thomas D. Matte, Hunter College, City University of New York
  • Environmental Assessment, Risk, & Health - William H. Farland, Colorado State University
  • Mental Health - Howard Osofsky, Louisiana State University
  • Biomedical Informatics and Registries - Daniel R. Masys, Vanderbilt University School of Medicine

12:20 p.m. LUNCH (on your own)
SESSION VI. FUTURE DIRECTIONS AND RESOURCE NEEDS
1:30 p.m. Panel Discussion. Looking Ahead: How Do We Develop Effective Surveillance and Monitoring Systems?
Moderator: 
David A. Savitz, Mount Sinai School of Medicine
  • Nancy E. Adler, University of California, San Francisco
  • John C. Bailar III, University of Chicago
  • Lynn R. Goldman, Johns Hopkins Bloomberg School of Public Health
  • Maureen Y. Lichtveld, Tulane University
  • Linda A. McCauley, Emory University
  • Kenneth Olden, Hunter College of the City University of New York
  • Linda Rosenstock, University of California, Los Angeles
3:20 p.m. Closing RemarksNancy E. Adler, University of California, San Francisco
3:30 p.m. ADJOURN

Friday, September 23, 2011

Bad Cases Make Bad Law

Guest Blog by Thomas M. Domer  

The Illinois legislature just passed a law in response to a notorious claim in which a Sheriff Deputy, driving more than 100 miles per hour while using his cell phone, crossed a median and slammed into a car, killing two teenage sisters.

The claim drew regional and national attention and ultimately resulted in a revision in Illinois’ workers' compensation claims that would prevent any State employee hurt at work from being eligible for workers' compensation if the injury happened during a forcible felony, an aggravated DUI, or reckless homicide, if any of those crimes killed or injured another person.

The law is much more restrictive than the initial media summaries blaring “State law bars State employees injured while committing crimes from receiving worker’s comp.”

This is another example of bad cases creating bad law. The Sheriff filed a workers' compensation claim for his injuries but an arbitrator concluded that his high speed and cell phone use was a “substantial and unjustifiable risk resulting in gross deviation” barring his claim. The Illinois legislature reacted to the media and public outcry.

In other states, notably Wisconsin, an advisory council meets annually to deal with such perceived excesses, and to change the law accordingly.

A few years ago I represented a worker who, despite his employer’s offer to re-employ him with his disability, chose instead to obtain vocational rehabilitation, which was ordered by a judge and the Commission. His claim seemed to run afoul of the express purpose of worker’s compensation in Wisconsin and other states, which is to restore the injured worker to a job.

After the case was reported, the employer and insurance carrier representatives on Wisconsin’s Advisory Council recommended (appropriately) this perceived loophole be closed, and the new law barred the employer’s liability for vocational rehabilitation benefits if the employer offered a job to the injured worker which was refused.

Since the early days of workers' compensation in Wisconsin the courts have liberally construed “in the course of employment.” Absent evidence of abandonment of employment, it is presumed employment continues, except if a deviation can be proved.

Poor judgment or negligence is not synonymous with deviation and an employee must willfully abandon job duties to be excluded. If an employee is injured while engaging in an activity and disobedience of an order of the employer solely for the employee’s own benefit, workers' compensation benefits will be denied. However, if the disobedient actions were in furtherance of the employer’s interest rather than the employee’s, compensation is granted.

As one workers' compensation veteran judge has noted, “even bad employees get compensation.” The no-fault nature of workers' compensation sometimes produces hard-to-swallow results.

Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts.