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Wednesday, October 30, 2013

Florida Workers' Compensation Fillings Continue to Decrease

The national trend of far fewer workers' compensation claims is reflected in recent Florida statistics. One must look beyond the statistics and evaluate whether claims are not being filed because they have been regulatorily or statutorily been barred; whether there has been a major decrease in riskier jobs; whether the workplace is actually becoming safer; or whether lawyers are not taking the claims to adjudication because they go uncompensated for their efforts. Perhaps a combination of all. If the claims are not being filing as work related compensable events, where are benefits being sought. One certain path is Medicare and Medicare and Social Security Disability Benefits, especially those with catastrophic injuries Today's post is shared from Judge David Langham and I would encourage to read his entire blog post on his site at: http://flojcc.blogspot.com/2013/10/annual-reort-installment-petition.html David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. 

"Petition filings and new case filings continued to decline last year. Remember, the Florida Office of Judges of Compensation Claims (OJCC)(and the rest of the state) runs on a fiscal year, which begins each July 1 and concludes the following June 30. So, fiscal 2013 ended last summer, and the OJCC has been compiling and preparing statistics and measures since then. It is a long process that includes verification of data that our district staff has entered into the database through the year.


"In 2012-13, 58,041 PFB were filed. In 1995-96 the total PFB filing was 56,298. So, after a significant increase in litigation following the 1994 reforms, PFB volumes are approaching the pre-reform volumes. This is an imperfect comparison. Before the 1993 reforms, "claims" were the operative pleading for identifying the dispute, and jurisdiction of this Office over such disputes was effected by filing an "application for hearing" regarding the claim. With this significant change in 1993, it is difficult to compare filing volumes to periods before 1993. 

Friday, December 14, 2012

US Dept of Labor Combats Child Labor in Global Supply Chain

The U.S. Department of Labor's Bureau of International Labor Affairs today introduced Reducing Child Labor and Forced Labor: A Toolkit for Responsible Businesses, the first guide developed by the U.S. government to help businesses combat child labor and forced labor in their global supply chains.

"Encouraging businesses to reduce child and forced labor in their supply chains helps advance fundamental human rights that are at the core of worker dignity, whether here in the U.S. or abroad," Secretary of Labor Hilda L. Solis said in a video message announcing the toolkit.

Many jurisdiction levy fines against employers when children are injured and are have been working in violation of child labor laws.

The free, easy-to-use toolkit was unveiled during an event at Labor Department headquarters for representatives of government, industry, labor and civil society organizations that are at the forefront of efforts to prevent labor abuses in the production of goods. Speakers included Carol Pier, acting deputy undersecretary of ILAB; Eric Biel, acting associate deputy undersecretary of ILAB; and David Abramowitz, vice president of policy and government relations at Humanity United.

The toolkit highlights the need for a social compliance program that integrates a company's policies and practices to ensure that the company addresses child labor and forced labor throughout its supply chain. It provides practical, step-by-step guidance on eight critical elements that will be helpful for companies that do not have a social compliance system in place or those needing to strengthen existing systems. An integrated social compliance system includes: engaging stakeholders and partners, assessing risks and impacts, developing a code of conduct, communicating and training across the supply chain, monitoring compliance, remediating violations, independent review and reporting performance.

ILAB created the toolkit as part of its responsibility under the Trafficking Victims Protection Reauthorization Act of 2005. To access the toolkit, visit
http://www.dol.gov/ChildLaborBusinessToolkit. More information about ILAB and its programs is available athttp://www.dol.gov/ilab.

Read More about "Child Labor" and Workers' Compensation

Sep 14, 2012
The US Library of Congress has just posted digital images o child labor that are in it s collection. Workers' Compensation benefits are but one instance that enforce penalties when child labor laws are not followed.
Nov 22, 2011
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 ...
Mar 06, 2012
The US laws for workers' compensation work as a mechanisim to encourage safer working conditions. Additionally, the exploitation of child labor triggers penalties against the employer. The penalties are both civil and ...
May 05, 2011
Eventually he enacted three new laws in these areas: (1) a re-enacted Federal Employers' Liability Act, (2) the Workmans Compensation Act for federal employees, and (3) the Child Labor Act for the District of Columbia.

Thursday, August 29, 2013

Who Is Paying the Bills for Occupational Illnesses and Disease?

A recently published study from the US Department of Health and Human Services (NIOSH) reports that 45% of emergency room medical expenses for occupational illnesses and disease are not expected to be paid by workers' compensation insurance coverage.

Click here to read the complete report: Use of Workers’ Compensation Data for Occupational Safety  and Health: Proceedings from  June 2012 Workshop (May 2013) Identifying Workers’ Compensation as the Expected Payer in  Emergency Department Medical Records,  Larry L. Jackson, PhD, Susan J. Derk, MA, Suzanne M. Marsh, MPA, Audrey A. Reichard, OTR, MPH  National Institute for Occupational Safety and Health

Monday, July 13, 2015

CMS Moved the Coordination of Benefits Secure Website (COBSW)

The Centers for Medicare and Medicaid Services has formally moved:

The URL for accessing the Section 111 Coordination of Benefits Secure Website (COBSW) has been changed to: https://www.cob.cms.hhs.gov/Section111//.
July 13, 2015 - Updated MMSEA Section 111 NGHP User Guide Version 4.7 - Chapters I-V Now Available

The updated MMSEA Section 111 NGHP User Guide dated July 13, 2015 has been posted to the NGHP User Guide page. Refer to Chapter 1-1 of each chapter for a summary of Version 4.7 updates.

Thursday, August 2, 2012

NJ Supreme Court Bars Expansion of Injured Workers Remedies

Additional tort claim disallowed against insurance companies for intentional failure to comply with court of compensation's, an administrative agency, order to provide provide benefits.

Wade Stancil v. ACE USA (067640)
Argued 3/26/12 Decided 8/1/12 see http://tinyurl.com/d4pycqw


SYLLABUS 

(This syllabus is not part of the opinion of the Court.  It has been prepared by the Office of the Clerk for the 

convenience of the reader.  It has been neither reviewed nor approved by the Supreme Court.  Please note that, in the 
interests of brevity, portions of any opinion may not have been summarized.) 

Wade Stancil v. ACE USA (A-112-10) (067640) 
Argued March 26, 2012 -- Decided August 1, 2012

HOENS, J., writing for a majority of the Court.
The Court considers whether an injured employee may sue his employer’s compensation carrier for pain and suffering caused by the carrier’s delay in paying for medical treatment, prescriptions, and other services. Plaintiff Wade Stancil was injured in 1995 while employed by Orient Originals.  He received workers’ compensation benefits from his employer’s compensation carrier, defendant ACE USA (ACE).  In 2006, following a  trial, the court of compensation determined that Stancil was totally disabled.  In 2007, Stancil filed a motion in the compensation court seeking an order compelling ACE to pay outstanding medical bills.  

During a hearing on the motion, the compensation judge commented that ACE had a history of failing to make payments when ordered to do so.  On September 12, 2007, the compensation judge granted Stancil’s motion, warned ACE against any further violation of the order to pay, and awarded Stancil counsel fees.  On October 29, 2007, the parties returned to the compensation court for a further proceeding relating to the disputed bills.  After finding that the bills identified in the September 12 order remained unpaid and that ACE’s failure to make payment was a willful and intentional violation of the order, the court issued another order compelling ACE to make immediate payment and again awarding counsel fees.  

The court commented on its limited ability to ensure that carriers would comply with orders, noted that it lacked the authority to enforce orders through contempt proceedings, found that Stancil had exhausted his administrative remedies, and suggested that he seek further relief in the Superior Court.  In 2008, Stancil underwent additional surgery and psychiatric treatment.  Stancil’s physician attributed the need for additional treatment to an earlier treatment delay caused by the carrier’s delay in paying medical providers.  

On April 15, 2009, Stancil filed this lawsuit in the Superior Court.  In his complaint, Stancil claimed that ACE required him to undergo medical examinations by physicians of its own choosing and then rejected the recommendations of those physicians and refused to authorize the recommended medical care.  The complaint stated further that Stancil obtained orders from the compensation court, but ACE failed to comply.  Stancil contended that ACE’s failure to authorize needed treatment caused him unnecessary pain and suffering, a worsening of his medical condition, and expenses that should have been paid by ACE.  ACE responded by filing a motion to dismiss the complaint.  ACE argued that the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142 (the Act), is the exclusive remedy for the claims pled in the complaint and therefore no damages could be awarded.  The trial court granted ACE’s motion.  The court analyzed the impact of then-recently adopted amendments to the Act and found that the Legislature had foreclosed resort to the Superior Court for the kind of tort-based relief demanded by Stancil.

The Appellate Division affirmed.  418 N.J. Super. 79 (App. Div. 2011).  The panel agreed with the trial court that The Legislature’s amendments to the Act foreclosed Stancil’s claims.  The panel also rejected Stancil’s argument that ACE’s willful disregard of compensation court orders met the Act’s intentional wrong exception to the litigation bar. The Supreme Court granted certification limited to determining whether an employee who suffered a work-related injury has a common-law cause of action for damages against a workers’ compensation carrier for its willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes a worsening of the employee’s medical condition and/or pain and suffering.  207 N.J. 66 (2011).  

HELD:  An injured employee does not have a common law right of action against a workers’ compensation carrier for pain and suffering caused by the carrier’s delay in paying for or authorizing treatment because 1) the workers’ compensation system was designed to provide injured workers with a remedy outside of the ordinary tort or contract remedies cognizable in the Superior Court; 2) in amending the Workers’ Compensation Act in 2008, the Legislature rejected a provision that would have given the compensation courts broader permission to authorize a resort to the Superior Court and adopted a remedy that permits compensation courts to act through a contempt power; and 3) 2allowing a direct common-law cause of action against a carrier would undermine the workers’ compensation system by substituting a cause of action that would become the preferred manner of securing relief.

CHIEF JUSTICE RABNER, JUSTICE LaVECCHIA, and JUDGE WEFING (temporarily assigned) join  in JUSTICE HOENS’s opinion. JUSTICE ALBIN filed a separate, dissenting opinion. JUSTICE  PATTERSON did not participate.

Related Blog Articles

Aug 05, 2011
The lower court had rejected the case and dismissed it holding that the jurisdiction for bad faith is exclusively within the purview of the Division of Workers' Compensation. Stancil v. ACE USA, 418 N.J. Super. 79, 12 A. 3rd 223...
Apr 23, 2012
A-112-10 Wade Stancil v. ACE USA (067640). 3. The Exclusivity Rule: Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result ...

Sunday, September 7, 2014

Raising the minimum wage without raising havoc

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



In July 2013, hotelier Scott Ostrander stood before the city council in SeaTac, Wash., pleading with the town not to adopt a $15 minimum wage.
“I am shaking here tonight because I am going to be forced to lay people off,” he said, according to an account in the Washington State Wire. “I’m going to take away their livelihood. That hurts. It really, really hurts. . . . And what I am going to have to do on Jan. 1 is to eliminate jobs, reduce hours — and as soon as hours are reduced, benefits are reduced.”
SeaTac, a community around Seattle-Tacoma International Airport, went ahead with its plan, becoming, on Jan. 1, the first jurisdiction in the nation to set a $15 minimum wage, according to the labor movement. And Ostrander’s hotel, the Cedarbrook Lodge? It went ahead with a $16 million expansion that adds 63 rooms, a spa — and jobs.
Ostrander, then Cedarbrook’s general manager, told Seattle’s KIRO-TV as the new wage law took effect that it was proceeding with the expansion “to try to recoup significant expenses that will be incurred as a result” of the higher wage. So the minimum-wage hike forced the hotel to add rooms, revenues and workers. The horror!
As fast-food workers demonstrate nationwide for a $15 hourly wage, and congressional Republicans fight off a $10 federal minimum, little SeaTac has something to offer the debate. Its neighbor, Seattle, was the first big city to approve...
[Click here to see the rest of this post]

Friday, October 11, 2013

Safety Agency Cites Owners in Texas Plant in Explosion

Todays's post shared from the NYTimes.com

The federal Occupational Safety and Health Administration has cited the owners of a fertilizer plant in West, Tex., that blew up in April, killing 15 people, with 24 “serious violations,” Senator Barbara Boxer, of California, said on Thursday. But the agency has not announced the action because its public affairs staff has been furloughed by the government shutdown, Ms. Boxer said.

Democrat
The violations included unsafe handling and storage of explosive and flammable chemicals, missing labels on storage tanks, failing to pressure-test hoses, bad or missing valves, and failing to have an emergency response plan. The agency also said that some workers were not trained for their jobs.

OSHA, which also proposed a fine of $118,300, decided to issue the citations now, during the government shutdown, to avoid a statute of limitations problem, Ms. Boxer said. She said that while the fine was disproportionately small, considering the deaths, injuries and widespread damage, other federal agencies were also investigating the explosion. Some of those investigations have been delayed by the shutdown, however.

Ms. Boxer is chairwoman of the Senate’s Environment and Public Works Committee, which does not oversee OSHA but does oversee another agency with jurisdiction at the Texas plant, the Environmental Protection Agency.

Ms. Boxer said that despite the shutdown, news of the enforcement action should be disseminated to...
[Click here to see the rest of this post]

Friday, December 18, 2015

CDC Reports Increases in Drug and Opioid Overdose Deaths in US 2000-2014

Workers' Compensation has experienced the consequences of the national epidemic of drug and opioid deaths. The issue continues to be reported and addressed at the national levels. Unfortunately employers and workers' compensation insurance companies, as cost cost containment item, continue to use this information to merely restrict drug benefits to injured workers while not meeting the real challenge of the epidemic.


The United States is experiencing an epidemic of drug overdose (poisoning) deaths. Since 2000, the rate of deaths from drug overdoses has increased 137%, including a 200% increase in the rate of overdose deaths involving opioids (opioid pain relievers and heroin). CDC analyzed recent multiple cause-of-death mortality data to examine current trends and characteristics of drug overdose deaths, including the types of opioids associated with drug overdose deaths. During 2014, a total of 47,055 drug overdose deaths occurred in the United States, representing a 1-year increase of 6.5%, from 13.8 per 100,000 persons in 2013 to 14.7 per 100,000 persons in 2014. The rate of drug overdose deaths increased significantly for both sexes, persons aged 25–44 years and ≥55 years, non-Hispanic whites and non-Hispanic blacks, and in the Northeastern, Midwestern, and Southern regions of the United States. Rates of opioid overdose deaths also increased significantly, from 7.9 per 100,000 in 2013 to 9.0 per 100,000 in 2014, a 14% increase. Historically, CDC has programmatically characterized all opioid pain reliever deaths (natural and semisynthetic opioids, methadone, and other synthetic opioids) as "prescription" opioid overdoses (1). Between 2013 and 2014, the age-adjusted rate of death involving methadone remained unchanged; however, the age-adjusted rate of death involving natural and semisynthetic opioid pain relievers, heroin, and synthetic opioids, other than methadone (e.g., fentanyl) increased 9%, 26%, and 80%, respectively. The sharp increase in deaths involving synthetic opioids, other than methadone, in 2014 coincided with law enforcement reports of increased availability of illicitly manufactured fentanyl, a synthetic opioid; however, illicitly manufactured fentanyl cannot be distinguished from prescription fentanyl in death certificate data. These findings indicate that the opioid overdose epidemic is worsening. There is a need for continued action to prevent opioid abuse, dependence, and death, improve treatment capacity for opioid use disorders, and reduce the supply of illicit opioids, particularly heroin and illicit fentanyl.

The National Vital Statistics System multiple cause-of-death mortality files were used to identify drug overdose deaths.* Drug overdose deaths were classified using the International Classification of Disease, Tenth Revision (ICD-10), based on the ICD-10 underlying cause-of-death codes X40–44 (unintentional), X60–64 (suicide), X85 (homicide), or Y10–Y14 (undetermined intent) (2). Among the deaths with drug overdose as the underlying cause, the type of opioid involved is indicated by the following ICD-10 multiple cause-of-death codes: opioids (T40.0, T40.1, T40.2, T40.3, T40.4, or T40.6); natural and semisynthetic opioids (T40.2); methadone (T40.3); synthetic opioids, other than methadone (T40.4); and heroin (T40.1). Some deaths involve more than one type of opioid; these deaths were included in the rates for each category (e.g., a death involving both a synthetic opioid and heroin would be included in the rates for synthetic opioid deaths and in the rates for heroin deaths). Age-adjusted death rates were calculated by applying age-specific death rates to the 2000 U.S standard population age distribution (3). Significance testing was based on the z-test at a significance level of 0.05.

During 2014, 47,055 drug overdose deaths occurred in the United States. Since 2000, the age-adjusted drug overdose death rate has more than doubled, from 6.2 per 100,000 persons in 2000 to 14.7 per 100,000 in 2014 (Figure 1). The overall number and rate of drug overdose deaths increased significantly from 2013 to 2014, with an additional 3,073 deaths occurring in 2014 (Table), resulting in a 6.5% increase in the age-adjusted rate. From 2013 to 2014, statistically significant increases in drug overdose death rates were seen for both males and females, persons aged 25–34 years, 35–44 years, 55–64 years, and ≥65 years; non-Hispanic whites and non-Hispanic blacks; and residents in the Northeast, Midwest and South Census Regions (Table). In 2014, the five states with the highest rates of drug overdose deaths were West Virginia (35.5 deaths per 100,000), New Mexico (27.3), New Hampshire (26.2), Kentucky (24.7) and Ohio(24.6).† States with statistically significant increases in the rate of drug overdose deaths from 2013 to 2014 included Alabama, Georgia, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Mexico, North Dakota, Ohio, Pennsylvania, and Virginia.

In 2014, 61% (28,647, data not shown) of drug overdose deaths involved some type of opioid, including heroin. The age-adjusted rate of drug overdose deaths involving opioids increased significantly from 2000 to 2014, increasing 14% from 2013 (7.9 per 100,000) to 2014 (9.0) (Figure 1). From 2013 to 2014, the largest increase in the rate of drug overdose deaths involved synthetic opioids, other than methadone (e.g., fentanyl and tramadol), which nearly doubled from 1.0 per 100,000 to 1.8 per 100,000 (Figure 2). Heroin overdose death rates increased by 26% from 2013 to 2014 and have more than tripled since 2010, from 1.0 per 100,000 in 2010 to 3.4 per 100,000 in 2014 (Figure 2). In 2014, the rate of drug overdose deaths involving natural and semisynthetic opioids (e.g., morphine, oxycodone, and hydrocodone), 3.8 per 100,000, was the highest among opioid overdose deaths, and increased 9% from 3.5 per 100,000 in 2013. The rate of drug overdose deaths involving methadone, a synthetic opioid classified separately from other synthetic opioids, was similar in 2013 and 2014.

Discussion

More persons died from drug overdoses in the United States in 2014 than during any previous year on record. From 2000 to 2014 nearly half a million persons in the United States have died from drug overdoses. In 2014, there were approximately one and a half times more drug overdose deaths in the United States than deaths from motor vehicle crashes (4). Opioids, primarily prescription pain relievers and heroin, are the main drugs associated with overdose deaths. In 2014, opioids were involved in 28,647 deaths, or 61% of all drug overdose deaths; the rate of opioid overdoses has tripled since 2000. The 2014 data demonstrate that the United States' opioid overdose epidemic includes two distinct but interrelated trends: a 15-year increase in overdose deaths involving prescription opioid pain relievers and a recent surge in illicit opioid overdose deaths, driven largely by heroin.

Natural and semisynthetic opioids, which include the most commonly prescribed opioid pain relievers, oxycodone and hydrocodone, continue to be involved in more overdose deaths than any other opioid type. Although this category of opioid drug overdose death had declined in 2012 compared with 2011, and had held steady in 2013, there was a 9% increase in 2014.

Drug overdose deaths involving heroin continued to climb sharply, with heroin overdoses more than tripling in 4 years. This increase mirrors large increases in heroin use across the country (5) and has been shown to be closely tied to opioid pain reliever misuse and dependence. Past misuse of prescription opioids is the strongest risk factor for heroin initiation and use, specifically among persons who report past-year dependence or abuse (5). The increased availability of heroin, combined with its relatively low price (compared with diverted prescription opioids) and high purity appear to be major drivers of the upward trend in heroin use and overdose (6).

The rate of drug overdose deaths involving synthetic opioids nearly doubled between 2013 and 2014. This category includes both prescription synthetic opioids (e.g., fentanyl and tramadol) and non-pharmaceutical fentanyl manufactured in illegal laboratories (illicit fentanyl). Toxicology tests used by coroners and medical examiners are unable to distinguish between prescription and illicit fentanyl. Based on reports from states and drug seizure data, however, a substantial portion of the increase in synthetic opioid deaths appears to be related to increased availability of illicit fentanyl (7), although this cannot be confirmed with mortality data. For example, five jurisdictions (Florida, Maryland, Maine, Ohio, and Philadelphia, Pennsylvania) that reported sharp increases in illicit fentanyl seizures, and screened persons who died from a suspected drug overdose for fentanyl, detected similarly sharp increases in fentanyl-relateddeaths (7).§ Finally, illicit fentanyl is often combined with heroin or sold as heroin. Illicit fentanyl might be contributing to recent increases in drug overdose deaths involving heroin. Therefore, increases in illicit fentanyl-associated deaths might represent an emerging and troubling feature of the rise in illicit opioid overdoses that has been driven by heroin.

The findings in this report are subject to at least three limitations. First, several factors related to death investigation might affect estimates of death rates involving specific drugs. At autopsy, toxicological laboratory tests might be performed to determine the type of drugs present; however, the substances tested for and circumstances under which the tests are performed vary by jurisdiction. Second, in 2013 and 2014, 22% and 19% of drug overdose deaths, respectively, did not include information on the death certificate about the specific types of drugs involved. The percent of overdose deaths with specific drugs identified on the death certificate varies widely by state. Some of these deaths might have involved opioids. This increase in the reporting of specific drugs in 2014 might have contributed to some of the observed increases in drug overdose death rates involving different types of opioids from 2013 to 2014. Finally, some heroin deaths might be misclassified as morphine because morphine and heroin are metabolized similarly (8), which might result in an underreporting of heroin overdose deaths.

To reverse the epidemic of opioid drug overdose deaths and prevent opioid-related morbidity, efforts to improve safer prescribing of prescription opioids must be intensified. Opioid pain reliever prescribing has quadrupled since 1999 and has increased in parallel with overdoses involving the most commonly used opioid pain relievers (1). CDC has developed a draft guideline for the prescribing of opioids for chronic pain to address this need.¶

In addition, efforts are needed to protect persons already dependent on opioids from overdose and other harms. This includes expanding access to and use of naloxone (a safe and effective antidote for all opioid-related overdoses)** and increasing access to medication-assisted treatment, in combination with behavioral therapies (9). Efforts to ensure access to integrated prevention services, including access to syringe service programs when available, is also an important consideration to prevent the spread of hepatitis C virus and human immunodeficiency virus infections from injection drug use.

Public health agencies, medical examiners and coroners, and law enforcement agencies can work collaboratively to improve detection of outbreaks of drug overdose deaths involving illicit opioids (including heroin and illicit fentanyl) through improved investigation and testing as well as reporting and monitoring of specific drugs, and facilitate a rapid and effective response that can address this emerging threat to public health and safety (7). Efforts are needed to distinguish the drugs contributing to overdoses to better understand this trend.

1Division of Unintentional Injury Prevention, National Center for Injury Prevention and Control, CDC.

Corresponding author: Rose A. Rudd, rvr2@cdc.gov, 770-488-3712.

References

  1. Paulozzi LJ, Jones C, Mack K, Rudd R. Vital signs: overdoses of prescription opioid pain relievers—United States, 1999–2008. MMWR Morb Mortal Wkly Rep 2011;60:1487–92.
  2. Bergen G, Chen LH, Warner M, Fingerhut LA. Injury in the United States: 2007 chartbook. Hyattsville, MD: National Center for Health Statistics; 2008 Available at http://www.cdc.gov/nchs/data/misc/injury2007.pdf Adobe PDF file.
  3. Murphy SL, Xu JQ, Kochanek KD. Deaths: final data for 2010. National vital statistics reports. Hyattsville, MD: National Center for Health Statistics; 2013. Available at http://www.cdc.gov/nchs/data/nvsr/nvsr61/nvsr61_04.pdf Adobe PDF file.
  4. CDC. Wide-ranging online data for epidemiologic research (WONDER). Atlanta, GA: CDC, National Center for Health Statistics; 2015. Available athttp://wonder.cdc.gov.
  5. Jones CM, Logan J, Gladden RM, Bohm MK. Vital signs: demographic and substance use trends among heroin users—United States, 2002–2013. MMWR Morb Mortal Wkly Rep 2015;64:719–25.
  6. Cicero TJ, Ellis MS, Surratt HL, Kurtz SP. The changing face of heroin use in the United States: a retrospective analysis of the past fifty years. JAMA Psychiatry 2014;71:821–6.
  7. CDC. Increases in fentanyl drug confiscations and fentanyl-related overdose fatalities. HAN Health Advisory. Atlanta, GA: US Department of Health and Human Services, CDC; 2015. Available at http://emergency.cdc.gov/han/han00384.asp.
  8. Davis GG. Complete republication: National Association of Medical Examiners position paper: recommendations for the investigation, diagnosis, and certification of deaths related to opioid drugs. J Med Toxicol 2014;10:100–6.
  9. Volkow ND, Frieden TR, Hyde PS, Cha SS. Medication-assisted therapies—tackling the opioid-overdose epidemic. N Engl J Med 2014;370:2063–6.
Rose A. Rudd, MSPH1; Noah Aleshire, JD1; Jon E. Zibbell, PhD1; R. Matthew Gladden, PhD1
* Additional information available at http://www.cdc.gov/nchs/nvss/mortality_public_use_data.htm.
Additional information available at http://www.cdc.gov/drugoverdose/data/statedeaths.html.
§ Additional information available at http://pub.lucidpress.com/NDEWSFentanyl/External Web Site Icon.
¶ Additional information available at http://www.cdc.gov/drugoverdose/prescribing/guideline.html.

Monday, March 7, 2011

Maryland Awards Washington Redskins Football Player Benefits

Washington Redskins game at FedExField, Landov...Image via Wikipedia

 A Maryland Court of Appeals has awarded workers' compensation benefits to Tom Tupa, a Washington Redskins football payer. He was injured while warming-up for a football game to be played at FedEx Field in Landover, Maryland.

The Court held, "Considering the stipulated facts, we find that Tupa’s employment in Maryland was regular and not intermittent or temporary. Tupa was hired in Virginia, but the purpose of his employment was to play in professional football games at FedEx Field in Maryland and at various other stadiums around the country. We recognize that Tupa likely spends more time at the practice facility in Virginia than he spends playing in games at FedEx Field or elsewhere. As Hodgson suggests, however, the inquiry requires more than simply tallying up the quantity of time the employee spends in each jurisdiction. Here, it is clear that the purpose of Tupa’s employment was to play in games, not to practice. All of Tupa’s time in Virginia, whether practicing or attending team meetings, was geared towards improving his performance at the games. By way of contrast, a player signed to the practice squad would work entirely in Virginia because the purpose of a squad member's contract is to practice in Virginia."
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Tuesday, November 30, 2021

CMS stopped from imposing vaccine mandate

The Centers for Medicare and Medicaid Services [CMS] has been halted from imposing a vaccine mandate on a wide range of healthcare facilities. A federal court in Missouri found in favor of a group of 11 Republican states when it issued an injunction against the proposed rule.

Friday, July 26, 2013

The 10 Highest Medical Cost Jurisdictions for Medicare

A recent study highlights the nation's disparity on the cost of medicine. The study also recommends that Medicare continue to pay varying medical fees by jurisdiction. In many states, workers' compensation medical fees are based upon Medicare guidelines.

"For over three decades, researchers have documented large, systematic variation in Medicare fee-for-service spending and service use across geographic regions, seemingly unrelated to health outcomes. This variation has been interpreted by many to imply that high spending areas are overusing or misusing medical care. Policymakers, seeking strategies to reduce Medicare costs, naturally wonder if cutting payment rates to high cost areas would save money without adversely affecting Medicare beneficiary health care quality and outcomes.

Thursday, July 10, 2014

Chinese Hackers Pursue Key Data on U.S. Workers

The meaning of confidentiality appears to be strained daily by reports in the media that digital information is either made public by hacking and/or government access. Workers' Compensation by law in most jurisdiction has been built on a theoretical foundation of privacy and confidentiality. The ramification of disclosure of this information will bring discrimination to a level level of development that may may inhibit the filing of claims altogether. Today's post is share from the NYTimes.com and reflects a concern over the extent of data disclosure about US Workers.

Chinese hackers in March broke into the computer networks of the United States government agency that houses the personal information of all federal employees, according to senior American officials. They appeared to be targeting the files on tens of thousands of employees who have applied for top-secret security clearances.

The hackers gained access to some of the databases of the Office of Personnel Management before the federal authorities detected the threat and blocked them from the network, according to the officials. It is not yet clear how far the hackers penetrated the agency’s systems, in which applicants for security clearances list their foreign contacts, previous jobs and personal information like past drug use.

In response to questions about the matter, a senior Department of Homeland Security official confirmed that the attack had occurred but said that “at this time,”...

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Thursday, August 8, 2013

Wal-Mart signs corporate-wide settlement with US Labor Department

Today's post was shared by US Dept. of Labor and comes from www.dol.gov

Wal-Mart signs corporate-wide settlement with US Labor Department

Agreement resolves OSHA citations at Rochester, N.Y., store following 2011 inspections

Wal-Mart Stores, Inc., has entered into a corporate-wide settlement agreement with the U.S. Department of Labor to improve safety and health conditions in all 2,857 Wal-Mart and Sam’s Club stores under federal jurisdiction.  The settlement, which resolves two enforcement cases that began in 2011, includes provisions for the Bentonville, Ark.-based retailer to enhance safety and health practices and training related to trash compactors, cleaning chemicals and hazard communications corporate-wide.

“This settlement will help to keep thousands of exposed Wal-Mart workers safe and healthy on the job,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “We hope this sends a strong message that the law requires employers to provide safe working conditions, and OSHA will use all the tools at our disposal to ensure that all employers follow the law.”

Under the settlement, trash compactors must remain locked while not in use, and may not be operated except under the supervision of a trained manager or other trained, designated monitor.  Wal-Mart will also improve its hazard communications training; and, for...

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Thursday, July 9, 2015

NJ general contractor repeatedly exposed construction workers to fall hazards OSHA fines New Homes Construction Inc. $40,480

New Homes Construction Inc. is a general contractor located at 739 Bordentown Road in Burlington, New Jersey. The investigation was conducted at Wildflowers at Medford, an active adult community at 12 Montclaire Road, Lot 19, in Medford, New Jersey.

Sunday, July 31, 2016

Sunday, July 7, 2013

Fashion Safety - Why Won't American Companies Get In Line?

US retailers are continuing to ignore the deadly working conditions in Bangladesh. Fashion Safety was the 1911 catalyst for bringing safer working conditions to Americans and established a legal basis for compensation for occupational injuries outside of the civil justice system.

While the European companies are now joining together, along with economic interests, to establish a program for safer Bangladeshi garment factories following the recent tragedies, major US retailers like Walmart, Target and the Gap are ignoring the effort.

"Labor and consumer groups have pressed Western retailers to join the plan, especially after the factory building collapse and after a fire last November killed 112 workers in a Bangladesh factory. The plan, which many labor unions and nongovernment organizations also have signed, is called the Accord on Fire and Building Safety in Bangladesh."
Click here to read: Clothiers Act To Inspect Bangladeshi Factories (NY Times)

Safety Inspector Sought
Bangladesh Safety Accord Seeks Chief Safety Inspector. The Accord on Fire and Building Safety in Bangladesh garment factories is seeking a chief Safety Inspector to recruit, train, deploy and manage an inspectorate in Bangladesh to protect the safety and health of four million garment workers. The Accord has been signed by more than 50 clothing companies and the Global Unions IndustriALL and UNI. The Safety Inspector will be paid US$200,000 and divide his/her time between Dhaka, Bangladesh and an office in Europe. All interested candidates can obtain the full job description from <bangladeshaccord@gamil.com> and the application period closes on July 30, 2013.

Text of job announcement:

Accord on Fire and Building Safety in Bangladesh

Safety Inspector: Terms of Reference / Job Posting

Introduction

The Accord on Fire and Building Safety in Bangladesh (“Accord”) is an historic agreement between the Global Unions IndustriALL, and UNI, and numerous global Brands and Retailers, to improve safety standards in Bangladeshi textile and garment industries. The Accord is governed by a Steering Committee appointed by the signatories.

Terms of Reference

The Safety Inspector, reporting to the Steering Committee, will recruit, train, develop, deploy and supervise an inspectorate capable of evaluating fire and electrical safety, structural safety, and worker safety in Bangladeshi garment factories that supply the Brands. The successful candidate will divide his/her time between Dhaka, Bangladesh and an office to be established in Europe.

The Safety Inspector will coordinate a preliminary classification of factories based on existing and provided information, brief initial inspections where necessary, and take into consideration other recent audits performed by some of the Brands.

S/he will recommend to the Accord Steering Committee fire safety and building safety standards that will be applied by the Accord. Developing these recommendations is anticipated to be an ongoing process that may take a considerable amount of time. These must satisfy, but may go well beyond, existing Bangladeshi regulations and standards.

S/he will recommend to the Steering Committee a methodology for safety inspections and interventions, taking into consideration the successes and failures of previous similar initiatives. This methodology must be able to be set out as guidelines for the inspectorate to be trained on and to follow. Methodologies may be necessary for both quick screening inspections and more in-depth analyses.

The Safety Inspector and the inspectorate must as a group be capable of evaluating:

- structural hazards such as design and material deficiency, insufficient consideration of geological or environmental conditions, overloading, etc.

- fire hazards, including general housekeeping, storage of flammables, dust control, sources of ignition (cutting, welding, open flame, electrical installations, heating systems, boilers etc.), as well as inadequate emergency procedures and escape routes.

- workplace hazards resulting from unsafe materials (including dangerous chemicals), tools, electrical installations, equipment, poor ergonomic design, or a contaminated or overcrowded workplace environment.

- hazards resulting from work organization, such as lack of training, lack of effective workplace health and safety committees, lack of attention to workers' rights (such as the right to refuse unsafe work) and other management policies and practices that would put buildings and the people in them at risk.

The Safety Inspector and the inspectorate as a group will prioritize factories based on the degree of remediation required. Based on the inspection findings, s/he will recommend remedial action for building and fire safety, including worker and management training, fire detection, protection, and firefighting measures, as well as evacuation measures and the need for practice drills. These recommendations will be provided to factory owners, Brands contracting products from the factories and the Steering Committee.

The preceding points are not an exhaustive list. The Safety Inspector will work with the Steering Committee to establish a more complete job description.

Qualifications and Skills Desired

The ideal candidate will be able to apply extensive technical skills with leadership, diplomacy, and courage.

Qualifications

The ideal candidate will have knowledge of most of the safety disciplines described below, but it is understood that the successful person may not have expert-level knowledge in all these areas and should be free to consult other experts where required.

- Bachelor's degree or higher in a related discipline such as civil, structural, or fire engineering

- Thorough knowledge of the building and/or fire safety codes of a high-standard jurisdiction.

- Professional certification or licensing by a major national or international body

- Minimum 10 years of relevant experience

Skills

- The skills necessary to establish and lead a group and administer a budget approved by the Steering Committee are essential.

-  Evidence of social and cultural sensitivity; some knowledge of human and labour rights, are important assets.

Compensation

This is a high-level position. Depending on qualifications and experience, the salary for this position will be in the range of $200,000 USD with a generous benefits package.

How to Apply

Closing date for applications: 30 July, 2013

Contact: Please send a letter of interest and a detailed curriculum vitae with references to:

Interim Secretariat
Accord on Fire and Building Safety in Bangladesh
c/o UNI Global Union
8-10 avenue Reverdil
CH-1260 Nyon
Switzerland

Email: bangladeshaccord@gmail.com

Wednesday, July 31, 2013

Liability Claim Collateral Source Payments Subject to MSP

Medicare is not required to abide by a stipulated order of allocation of benefits in a liability case when seeking reimbursement under the Medicare Secondary Payer Act (MSP).  Also, the New Jersey Collateral Source Statute (“NJCSS”)did not apply to MSP reimbursement claims and collateral proceeds were reimbursable


English: image edited to hide card's owner nam...
English: image edited to hide card's owner name. author: Arturo Portilla (Photo credit: Wikipedia)
" For the reasons described above, the Court concludes that it lacks subject matter jurisdiction over Ms. Taransky's “due process” and “proportionality” claims, as Ms. Taransky failed to administratively exhaust these claims. Additionally, the Court concludes that there is substantial evidence in the record supporting the MAC's properly-reasoned conclusion that in obtaining a tort settlement in a trip-and-fall accident, and notwithstanding a state trial court's order allocating this tort settlement recovery to non-medical expenses, Ms. Taransky received payment from a “primary plan” responsible for payment of her medical expenses that had been covered by Medicare. As a result, Ms. Taransky is required to reimburse Medicare $10,121.15 pursuant to the MSP."

Taransky v. Sebelius, Civil Action No. 12-4437, 2013 WL 3892360 (D. NJ 2013) June 13, 2013