See Workers' Compensation: Are Second Injury Funds Going to be History Soon?
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Showing posts sorted by relevance for query gingrich. Sort by date Show all posts
Tuesday, March 20, 2012
Workers' Compensation: Are Second Injury Funds Going to be History Soon?
As the Second Injury Fund debate in Missouri becomes more heated, one must consider the underlying issues challenging its existence. Whatever the outcome, injured workers being denied benefits ordered by judgment should not he held hostage to political motivations.
See Workers' Compensation: Are Second Injury Funds Going to be History Soon?
See Workers' Compensation: Are Second Injury Funds Going to be History Soon?
Monday, May 23, 2011
CMS Announces Review is Only a Recommended Process for Set-Aside Agreements
The Centers for Medicare and Medicaid Services (CMS) has just announced a clarification of its prior memos concerning the review of Workers Compensation proposed Set Aside Agreements and also indicates that submission is an elective process.
"Submission of a WCMSA proposal to CMS for review and approval is a recommended process. There are no statutory or regulatory provisions requiring that a WCMSA proposal be submitted to CMS for review. However, if an entity chooses to use the WCMSA review process, CMS requests that it comply with the established policies and procedures referenced on its Web site. Claimants, employers, carriers, and their representatives should be encouraged regularly to monitor this dedicated workers’ compensation Web site for changes in policies and procedures."
CMS indicated that, "A WCMSA should not be submitted to CMS when the resolution of the workers’ compensation claim results in the medical portion of the claim is being left open." In the memo, CMS reiterates the threshold levels and eligibility for review criteria.
Related articles
Monday, May 19, 2014
Republicans Tighten Grip on Debates in 2016 Race
The modification of The Affordable Care Act will most likely be a major platform of the Republican National Convention. The staggering cost of medical care in the workers' compensation delivery system is an issue that will potentially be addressed through national legislation over the next political Administration. This dynamic may cause strange results as corporate America redesign workers' compensation programs.
Today's post was shared by The New York Times and comes from www.nytimes.com
| MEMPHIS — The Republican National Committee moved Friday to seize control of the presidential primary debates in 2016, another step in a coordinated effort by the party establishment to reshape the nominating process. Committee members overwhelmingly passed a measure that would penalize any presidential candidate who participated in a debate not sanctioned by the national party, by limiting their participation in subsequent committee-sanctioned forums. The move represents the party’s effort to reduce the number of debates and assert control over how they are staged. In making the case for adopting the new rule, party officials repeatedly criticized the moderators and format of the 2012 primary debates, appealing to the suspicions that many Republican activists have about the mainstream news media. “The liberal media doesn’t deserve to be in the driver’s seat,” said the committee’s chairman, Reince Priebus, addressing committee members here at their spring meeting. Such rhetoric makes taking over the debates easier to sell to the committee’s more conservative members. But what party leaders are principally concerned about is reducing the number of debates to avoid a repeat of the 2012 campaign when a series of insurgent candidates used the forums — 20 in all — to draw attention to their candidacies. Some party leaders say they believe that the number of debates pushed Mitt Romney to the right in a way that contributed... |
Monday, May 26, 2014
Jeb Bush Gives Party Something to Think About
 As governor of Florida, Jeb Bush flew in Ivy League social scientists for daylong seminars with his staff and carved out time for immersive brainstorming sessions he called “think weeks.” A voracious reader, he maintains a queue of 25 volumes on his Kindle (George Gilder’s “Knowledge and Power” among them, he said) and routinely sends fan mail to his favorite authors. A self-described nerd, he is known to travel with policy journals and send all-hours inquiries to think tanks. (A sample Bush question: What are the top five ways to achieve 4 percent economic growth?) As Mr. Bush, 61, weighs whether to seek the Republican presidential nomination in 2016, he is dogged by fears of voter exhaustion with a family name indelibly linked to his older brother, a self-assured Texan who prized instinct over expertise and once acknowledged a lack of interest in slogging through long books. But in ways big and small, deliberate or subconscious, the younger Mr. Bush seems to have defined himself as the anti-George W. Bush: an intellectual in search of new ideas, a serial consulter of outsiders who relishes animated debate and a probing manager who eagerly burrows into the bureaucratic details. Allies said that reputation — as what the Republican strategist Karl Rove called the “deepest thinker on our side” — could prove vital in selling Mr. Bush as a presidential candidate to an electorate still scarred by George W. Bush’s legacy... |
Thursday, January 12, 2012
The Law School's Roll in Workers' Compensation Law To Be Discussed
The College of Workers' Compensation Lawyers has been established to honor those attorneys who have distinguished themselves in their practice in the field of workers' compensation. Members have been nominated for the outstanding traits they have developed in their practice of twenty years, or longer, representing plaintiffs, defendants, serving as judges, or acting for the benefit of all in education, overseeing agencies and developing legislation.
To read more about the conference click here.
Friday, December 2, 2011
Kindle Edition of the Workers Compensation Blog
Stay ahead of the curve on issues involving worker safety and health
Friday, November 18, 2011
Claim Permitted Against Employer For Concealment of Chemical Dangers
In satisfying the two prong (conduct and context) NJ test for an intentional tort against an employer, the employee's estate set forth that the employer had intentionally and fraudulently concealed information of the hazardous nature of the chemicals and substances that the employee worked with as an exterminator.
The employee, who applied pesticides for 11 years, was not furnished with adequate safety equipment and was not provided with warning materials available to the employer.
The court held that employer's conduct was substantially certain to cause injury or death. The estate filed a certification substantiating the events surrounding the exposure and death; material Safety Data Sheets; and expert reports. Where the conduct of the employer is actively misleading and illness and death were substantially certain to occur the employ can be held liable.
Where the conduct of the employer in not protecting the employee is more than a fact of industrial life and is "plainly beyond anything the Legislature intended the Workers' Compensation Act to immune," the compensation act is not an exclusive remedy against the employer.
The Court held that the employer "understood the hazardous nature of the chemicals but failed to provide the decedent with the equipment necessary to ensure his safety. ".... the employer turned a "blind eye to the risks inherent chemical in the use of the chemicals" and went as far as hiding those risks so that the employee was not aware of their existence. "Concealment is hardly an expected fact of life in industrial
employment."
Click Here For Complete Decision: Blackshear v. Syngenta Crop Protection, Inc., Civ. Action No. 10-3585 (KSH) (USDCT - NJ 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.
Tuesday, May 17, 2011
Workers Compensation Act Does Not Bar A Negligence Action Against A General Partnership
In a recent court decision, an injured worker was permitted, in addition to her workers' compensation claim, to file an action against the general partnership for negligent conduct. The Court found that even though the workers' compensation is no-fault, the employee has a right to proceed and recover damages directly against the general partnership.
The injured employee was employed by Time Warner Entertainment Co., L.P. and slipped on black ice in the parking lot. The employee filed and claimed benefits from the employer in workers' compensation. Additionally, the employee filed a civil action against, among others, the Time Warner EntertainmentAdvance/Newhouse Partnership.
Whitfield v. Bononno Real Estate Group, et al., 2011 WL 1798874 (N.J.Super. A.D.) Decided May 12, 2011.
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Monday, November 15, 2010
Congress to Hear Experts on New State Workers' Compensation Limitations
A sub-committee of the Committee on Education and Labor, chaired by the Congressman George Miller, will be hearing testimony from national experts concerning the new limitations being imposed on State workers' compensation systems. The systemic problems to be examine include the delivery of medical benefits and the assessment of the nature of disability.
On Wednesday, November 17, the Workforce Protections Subcommittee of the House Education and Labor Committee will examine state workers’ compensations systems. Workers’ compensation traditionally provides financial assistance and job training to workers injured on the job and aid to the surviving family of a worker killed on the job.
On Wednesday, November 17, the Workforce Protections Subcommittee of the House Education and Labor Committee will examine state workers’ compensations systems. Workers’ compensation traditionally provides financial assistance and job training to workers injured on the job and aid to the surviving family of a worker killed on the job.
Not only are the state systems drawing the attention of the US Congress, but also the federal programs are becoming problematic. The United States Postal Service announced last week that workers' compensation costs are so high that the quasi-governmental agency may have to declare bankruptcy.
With the newly elected Republican majority in Congress, the water ahead may be rough for workers' compensation. The last time the Republican's held the majority in Congress, Newt Gingrich , the former Speaker, was entertaining dramatic changes in the program. Those appear to have been refreshed in recent comments about a year ago.
These systems have undergone numerous changes in the past decade as many states have begun strictly limiting workers’ compensation benefits – changes that may be stressing the Social Security Disability Insurance (SSDI) program. Additionally, the American Medical Association’s (AMA) guide to assessing injured workers has undergone significant changes in its latest edition, which has made consequential changes to injured workers’ evaluation procedure.
Workforce Protections Subcommittee Hearing
These systems have undergone numerous changes in the past decade as many states have begun strictly limiting workers’ compensation benefits – changes that may be stressing the Social Security Disability Insurance (SSDI) program. Additionally, the American Medical Association’s (AMA) guide to assessing injured workers has undergone significant changes in its latest edition, which has made consequential changes to injured workers’ evaluation procedure.
Workforce Protections Subcommittee Hearing
2:00 PM, November 17, 2010
2175 Rayburn H.O.B.
Washington, DC
Additional witnesses TBA.
Witnesses:
Emily SpielerDeanNortheastern University School of LawBoston, MA
John BurtonProfessor Emeritus, School of Management and Labor Relations, Rutgers UniversityProfessor Emeritus, School of Industrial and Labor Relations, Cornell UniversityPrinceton, NJ
Christopher GodfreyIowa Workers Compensation CommissionerDes Moines, IA
Dr. John NimlosOccupational Medicine ConsultantShoreline, WA
Washington, DC
Additional witnesses TBA.
Witnesses:
Emily SpielerDeanNortheastern University School of LawBoston, MA
John BurtonProfessor Emeritus, School of Management and Labor Relations, Rutgers UniversityProfessor Emeritus, School of Industrial and Labor Relations, Cornell UniversityPrinceton, NJ
Christopher GodfreyIowa Workers Compensation CommissionerDes Moines, IA
Dr. John NimlosOccupational Medicine ConsultantShoreline, WA
Friday, January 6, 2012
Huntsman Steps Up To Reform Workers' Compensation
Read more about the platform of Jon M. Huntsman: Morning Feature: To Create Jobs, Subsidize Labor
"Huntsman says his plan is revenue neutral, so who would pay to subsidize investors? He says he’ll pay for it by eliminating deductions and loopholes. While some of those are corporate goodies that many progressives would like to see gone, Huntsman would also take away deductions and credits that help low- and middle-income families, such as exclusions on primary income Social Security benefits, veterans pensions and disability benefits, military combat pay, workers compensation payments, public assistance benefits, and employer-paid health insurance..."
Related articles
Monday, May 23, 2011
Latest Workers Compensation Data Reviewed by Professor John Burton
For more information and to order a copy click here.
Thursday, December 8, 2011
The Workers' Compensation Medicare Set-aside Portal (WCMSAP)
The Workers' Compensation Medicare Set-aside Portal (WCMSAP) application has gone "live" and is now available for users. Prior to attempting to register, you should read the New Registration section of the User guide. The URL for the WCMSAP may be found under the "Related Links Outside CMS," on the WCMSAP section page. The WCMSAP User Guide may be found in the "Reference Material" section of the WCMSAP application.
Instructions on how to register for the Computer Based Training (CBTs) may be found in the "Workers' Compensation Medicare Set-aside Portal (WCMSAP) Computer Based Training (CBT) document under the "Downloads Links" on the WCMSAP section page (click the "How to Register for WCMSAP Computer Based Training (CBT) Modules hyperlink.") These courses are designed to assist submitters of Workers' Compensation Medicare Set-Aside Arrangements (WCMSAs) with the registration and use of the WCMSAP.
This site provides an interface for entry of Workers' Compensation Medicare Set-Aside Arrangements (WCMSA) proposals. Attorneys, Medicare beneficiaries, claimants, insurance carriers and WCMSA vendors may use this site to enter the case information directly. The site also provides attorneys, Medicare beneficiaries, claimants, insurance carriers, and WCMSA vendors with the ability to track their submitted cases and the statuses without inquiry to the Coordination of Benefits Contractor (COBC) or the Centers for Medicare & Medicaid Services (CMS).
Saturday, February 7, 2015
GOP Chairmen Offer Alternative To Health Law
Key GOP chairmen from the Senate and House plan to unveil a blueprint Thursday for repealing the health law and replacing it with a proposal the lawmakers said would reduce health care costs, improve quality and expand coverage.
The measure retains many elements of a proposal Republican Sens. Orrin Hatch of Utah and Richard Burr of North Carolina released a year ago with former Sen. Tom Coburn, R-Okla. That proposal did not get traction, but the senators are pushing it again and now are working with House Energy and Commerce Chairman Fred Upton, R-Mich.
 |
| House Energy and Commerce Committee Chairman Fred Upton (R-MI) . (Photo by T.J. Kirkpatrick/Getty Images |
“Our plan allows patients to make health care decisions for themselves – without a maze of mandates, fines and taxes,” Hatch, who chairs the Finance panel, said in a press release. “This plan is achievable, and above all, fiscally sustainable.” Burr heads the Select Committee on Intelligence.
With the GOP controlling both houses of Congress this year, Republicans are continuing their fight against the health law. The House voted Tuesday to repeal it, although Republicans are not expected to garner enough votes to override the veto that President Barack Obama has promised if the bill passes Congress. At the same time, Republicans have stepped up their interest in possible alternatives to the health law....
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Tuesday, November 15, 2011
US Supreme Court, Health Care & Workers' Compensation
Image via WikipediaThe winds of change have brought a new health care system to the US. The US Supreme Court will now have an opportunity to express it's opinion on the validity of the legislation. The new system, that provides additional worker protections, and a prototype of a universal medical care system ,"Libby Care," encompassing workers' compensation claims, reflects changes desperately needed.
Monday, February 27, 2012
The Religious Opt-Out Scheme: A New Approach to Eliminate Workers' Compensation
 |
| Alex Berman |
Over a decade ago Bechtel Corporation initiated an opt-out program that took workers' compensation out of the adversarial system entirely. Shortly thereafter, the concept of universal healthcare emerged as a concept to remove all healthcare delivery and benefits from workers' compensation. Recently Republican presidential candidates have pledged to merge the system into an employee paid for program. Now, legislators in the State of Michigan, where unemployment soared to over 14% in 2009, are suggesting yet another approach to opt-out of workers' compensation based on a religious exemption.
Jon L Gelman
Guest post by
Alex Berman of the Michigan Bar
Representatives Earl Poleski (primary), Matt Lori, Joe Haveman, and Margaret O’Brien have introduced new legislation that would exempt religious organizations from the Michigan workers compensation system.
House Bill No. 5371 provides that: “An individual is not an employee subject to this act if he or she is a member of a religious sect or division that is an adherent of established tenets or teachings by reason of which members are conscientiously opposed to accepting the benefits of any public or private insurance that makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical bills, including the benefits of any insurance system established by the social security act, 42 USC 301 to 1397mm, and has the practice established for 10 or more years, for members of the sect or division to make reasonable provision for their dependent members. An employer shall retain a copy of the employee’s internal revenue service form 4029 that has been approved by the federal social security administration to assert an exemption under this subdivision.”
This legislation would take away protections that have been in place since the original workers compensation act was passed in 1912. It would allow religious organizations to exempt their employees from the workers compensation system if they are members of the same faith. The idea seems to be that religious groups who are conscientiously opposed to public or private insurance should not be forced to participate in the state workers compensation system.
We believe this legislation is awful and will lead to many unintended consequences. It is also unlikely to survive a constitutional challenge in the courts.
Michigan Workers Compensation Law 101
Workers compensation is a type of insurance that employers are required to purchase under Michigan law. It is intended to protect both employees and employers in the event of a work-related injury.
An employee who suffered a work injury before 1912 used to have to show that their employer was at fault to receive compensation. If the injured worker could prove fault, he or she was entitled to any damages that a jury could award. This included pain and suffering. The problem with this approach was that some employees were overcompensated for their injuries while others received nothing. Employers could also be forced to pay substantial damages for relatively minor injuries.
Michigan adopted its first workers compensation law in 1912. The law was a compromise between employee and employer interests. Employees gave up the right to sue in civil court in exchange for what are essentially no-fault benefits.
Workers compensation now pays wage loss, medical treatment, and vocational rehabilitation. Employers receive protection from civil lawsuits including actions for negligence. The amount of benefits that employers must pay are limited.
Michigan’s workers compensation system has worked for over 100 years and has served as a model for other states. It provides injured workers with fair compensation while protecting employers and business interests.
Unintended consequences
Exempting religious organizations from the workers compensation system creates a slippery slope and sets a bad precedent. Soon other groups will seek to be exempted and the entire system will be put in jeopardy.
Employees gave up their common law rights in exchange for limited workers compensation benefits. If an employer is exempted from the workers compensation system, presumably its employees would be free to file a tort action and seek civil damages. This is exactly what the workers compensation system was designed to prevent in the first place.
Just because someone has a religious belief does not mean they should be exempted from Michigan law. You could give religious organizations total immunity but the last time we checked this was not the middle ages.
Changes to the workers compensation law should not be done hastily
Any changes to Michigan’s workers compensation law should not be done without serious thought and consideration. All stakeholders need to be brought together to ensure continuing viability of the system.
Any changes to Michigan’s workers compensation law should not be done without serious thought and consideration. All stakeholders need to be brought together to ensure continuing viability of the system.
Alex Berman is the founding member of the Law Office of Alex Berman, P.C., of Farmington Hills, Michigan. For over 30 years he has handled workers' compensation claims for employees who had injuries or disabilities and has battled successfully against employers including automobile suppliers. He is a member of the State Bar of Michigan and the Michigan Association for Justice.
Tuesday, January 24, 2012
Workers Compensation Fails to Cover Most Occupational Disease Claims
Click here to read the entire report: Economic Burden of Occupational Injury and Illness in the United States Get PDF (611K)
"The medical and indirect costs of occupational injuries and illnesses are sizable, at least as large as the cost of cancer. Workers’ compensation covers less than 25 percent of these costs, so all members of society share the burden. The contributions of job-related injuries and illnesses to the overall cost of medical care and ill health are greater than generally assumed."
Saturday, January 28, 2012
Workplace Violence: Workers Compensation Judge Removed For Taking a Gun To Work
I once walked into a workers' compensation court and the Judge was using a 3 foot sledge hammer as a gavel. How far a field one can go before crossing the line of what is appropriate conduct for a judge was the subject of a recent court decision.
A Court in Pennsylvania has ruled that it is unlawful for a workers' compensation judge to bring a gun to work. The judge was removed from office and terminated.
Click here to read: Peter E. Perry v. State Civil Service Commission, No. 2751 C.D. 2010 (PA 2011)
"....the Commission credited L&I‟s evidence regarding the existence of its policies concerning weapons in the workplace and Perry‟s 14 violations of those policies. The Commission‟s supported findings reveal the following. L&I issued its employees a Weapons Policy Statement, which specifically prohibited the possession of weapons, including, among other things, all forms of firearms, “while in or on property owned or leased by [L&I].” F.F. No. 9; R.R. at 134a. The policy specifies that violations “may lead to disciplinary action up to and including termination from employment.” R.R. at 134a. Perry received this policy. F.F. No. 10; R.R. at 136a-37a. Perry also received a copy of Management Directive 205.33 relating to workplace violence, issued by the Governor‟s Office, Secretary of Administration, which applied to all agencies under the Governor's jurisdiction. R.R. at 125a-32a, R.R. at 136a-37a."
Related articles
Friday, January 6, 2012
Medical Marijuana Maybe Permitted By State Authorization
Image via WikipediaWorkers' Compensation systems maybe legally implementing distribution of marijuana for medical purposes on a state by state basis circumventing a Federal prohibition. A Federal Court ruled today that the state authorized distribution program was not subject to Federal restrictions.
Prescription drugs utilization has exploded both in cost factors and in volume leading to major concerns by both employers and insurance carriers. Compounding the issue is that prescription pain relief is being offered more frequently to avoid the both costly and risky surgical intervention and protocols. Additionally there is a concern that state governments merely want to get into the act in order to tax the prescription costs for the purposes of raising revenue.
All of this focuses on the issue of whether the nation's workers' compensation system is actually providing the necessary care to cure and relieve medical conditions as intended by the crafters a century ago.
Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."
Click here to read more from the Jurist: Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
"A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]."
Friday, November 18, 2011
The Complex World of Workers' Compensation and Pharmaceutical Benefits
Prescription drugs have become an increasingly important issue in workers’ compensation law. Their use in workers’ compensation claims has resulted in both a major direct financial cost to the system, and has had substantial impact on the efficiency of the administrative process. The use of prescription drugs in workers’ compensation will require further discussion in order to maintain the system as the efficient, remedial social legislative system the crafters envisioned over a century ago.
Gelman, Jon L., The Complex World of Workers' Compensation and Pharmaceutical Benefits, New Jersey Law Journal, Vol. 206, p. 5, October 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.
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