Copyright

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

Tuesday, February 3, 2015

The proposed FACT Act delays compensation for asbestos victims, puts privacy at risk

Washington, D.C. — The following is a statement from American Association for Justice CEO Linda Lipsen on the introduction of the Furthering Asbestos Claims Transparency (FACT) Act in the U.S. House of Representatives:

“With nearly 10,000 Americans suffocating every year from horrific asbestos diseases like mesothelioma, Congress should be focused on ensuring justice for the victims and protecting the public health and safety. Instead, asbestos corporations and the U.S Chamber of Commerce have orchestrated a calculated campaign to delay and deny justice for dying asbestos victims.

“The reintroduction of the FACT Act is a reminder of the lengths asbestos corporations will go to evade being held accountable. It is offensive that the same corporations that profited from hiding the dangers of asbestos would now turn to Congress to force the public release of asbestos victims' personal information, delaying compensation and putting their privacy at risk.”


Asbestos Victims & Asbestos Trusts on H.R. 526:

H.R. 526 is a massive intrusion on the privacy of asbestos victims and their families

In a May 20, 2013 letter to the U.S. House of Representatives, asbestos victims stated:


“The FACT Act forces the asbestos trust funds to reveal on a public database personally-identifiable information about asbestos victims and their families. This would include private work history, asbestos exposure information, the last four digits of their social security numbers, and even the personal information of children who were exposed at an early age. This is offensive. The information on this public registry could be used to deny employment, credit, and health, life, and disability insurance. We are also concerned that victims would be more vulnerable to identity thieves, con men, and other types of predators.”

H.R. 526 will lead to higher costs for asbestos trusts and compensation delays for asbestos victims

In a November 8, 2013 letter to the U.S. House of Representatives, asbestos trusts stated:


“The bill does not, as its proponents claim, protect either the trusts or their beneficiaries. Rather, the bill merely changes the rules in the tort system so as to impose increased costs on the trusts' claimants. The litigation advantage that this bill provides to solvent asbestos defendants is its only practical purpose. … the trusts believe that the bill will unduly and unnecessarily increase the trusts' administrative burdens and will inevitably lead to higher non-reimbursable costs and delays in the processing of claims and payment to holders of asbestos claims. Such a bill does not protect the trusts or their beneficiaries; it burdens them.”

….
Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Monday, September 29, 2014

Study: Cancer costs 'skyrocketed' despite drug cuts

Today's post is shared from thehill.com
The cost of treating cancer has "skyrocketed" despite a 2003 law that sought to control Medicare drug costs, including the cost of chemotherapy, according to a new study.
Research published Monday in the Journal of Clinical Oncology found that oncologists did not stop prescribing expensive cancer drugs even after Medicare cut the drugs' reimbursements in 2005.
In fact, the aggregate cost of cancer care rose by as much as 60 percent between the passage of the law in 2003 and 2013, the study noted.
"Economists expected a sharp decline in use of the most expensive drugs targeted by the [2003] law, because reimbursement to oncologists for these drugs was reduced, but that did not happen," said Mark C. Hornbrook of Kaiser Permanente Northwest, the study’s lead author.
Cutting drug reimbursements is one way federal health officials seek to influence doctors' prescribing habits.
Profit on Medicare reimbursements for chemotherapy drugs is one way cancer clinics generate profit, making the payments ripe for scrutiny by Medicare.
The study looked at 5,831 chemotherapy regimens for 3,613 patients and found the the law lowered prescriptions for affected cancer drugs "slightly" in fee-for-service cancer clinics.
The 2003 law — the Medicare Prescription Drug, Improvement and Modernization Act — is best known for creating Medicare Part D.
[Click here to see the rest of this post]

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,”...

[Click here to see the rest of this post]

Related articles

Monday, July 7, 2014

Swear Off Social Media, for Good or Just for Now

Social Media Landscape
Social Media Landscape (Photo credit: fredcavazza)
If you have a pending workers' compensation claim many believe that you should be off social media entirely since employers and their insurance companies mne the data posted to defend their claims. Others are finalizing realizing that social media sites are not their friend and giving away personal data freely is a very bad thing. I agree, that leaving social media sites generally should be encouraged for personal privacy reasons. Do you want "data brokers" to have your personal information and market it? One should consider getting off social media, the faster the better. It is a tedious process. In today's post by Molly Wood of the NY Times, techniques are explained how to get off social media.

Social media can be a harmless and easy way to keep track of friends, family and news.
It can also be addictive and invasive and produce an archive of bad behavior that can damage relationships or make it hard to get a new job. And, of course, there are privacy worries compounded by a controversial Facebook experiment unearthed recently that turned unwitting users into emotionally manipulated guinea pigs.

That last one might prompt some people to leave Facebook permanently. Or not — it wasn’t exactly the first time Facebook has done something that made some users swear off the service.
So is quitting social media the new thing in social media? That’s hard to say. But if you are planning to go dark, there are plenty of ways to do it.

Typically, people deactivate their Facebook accounts rather than completely deleting them — a bit like a couple taking a “break” rather than breaking...

[Click here to see the rest of this post]

Tuesday, July 1, 2014

US Supreme Court Defines Employment Status

English: United States Supreme Court building ...
English: United States Supreme Court building in Washington D.C., USA. Front facade. (Photo credit: Wikipedia)
The Right of Control Test was utilized the US Supreme Court in determining the employment status of individuals hired by the public sector to work in the private sector.

In a split decision the Justices held that, a personal assistant hired under Pennsylvania Medicare, was not considered to be a public employee subject to mandatory union dues deductions like others state employees. The Court reasoned that the personal assistants were subject to the control of the private patients since the patients maintained control b b hiring, firing, training and supervising of the employee.

Harris v Quinn, No. 11-681 (Sp. Ct. 2014), decided June 30, 2014.

Lyle Denniston Reporter for scotus.com reports: "What the Court did do specifically was to draw a legal distinction for now between state and local employees that it will consider to be “full-fledged” public workers and workers who will be treated as something less than that — “partial public employees,” such as the workers in this case — for purposes of union organization. The workers in this case are home health care workers who look after a patient or two in the privacy of a household."

Tuesday, April 15, 2014

ND workers' comp agency sues over computer project

Yet another reason for a universal integratable workers' compensation docketing program. Today's post is share from http://www.sacbee.com/.

North Dakota's workers' compensation agency has sued a Chicago company over a failed $17 million computer system overhaul.
The Workforce Safety and Insurance agency filed its lawsuit last month in state court against Aon eSolutions Inc. to recoup costs associated with the system that was never delivered.
WSI hired Aon eSolutions in 2007 for a software system upgrade. The work was to cost $14 million, but it was plagued by delays and cost overruns and was never finished.
The contract with the company expired in 2012, and WSI did not renew it. The state Legislature last year gave WSI $750,000 for potential litigation.
WSI, which provides coverage for businesses when employees are hurt or killed on the job, alleges, among other things, negligence, fraud and deceit against the company in court papers. The agency has requested a jury trial.
"Aon promised to deliver a state-of-the-art integrated software package that would replace WSI's existing software system and meet all of the agency's business needs," said WSI Director Bryan Klipfel said in a statement. "WSI intends to prove that Aon did not follow through on its promise. We are acting in the best interest of our stakeholders as we try to recover the money that was spent on this desired product."
Aon said in a statement that it is "disappointed that WSI chose this course. We delivered substantial value to WSI and we did nothing wrong. We look forward to telling our side of...
[Click here to see the rest of this post]


Related articles:
Feb 08, 2009
While the regulations cover health plans, health care clearinghouses and certain other providers who use computers to transmit claims information, workers' compensation insurance carriers are exempted. The Institute of ...
Oct 28, 2010
"Nanotechnology has the potential to revolutionize countless products, create computers smaller and faster than once could be imagined, and fight diseases such as cancer. According to the Project on Emerging ...
Oct 21, 2010
In one implementation, the system may comprise a computer system, and the computer system may further host, interface with, or otherwise enable access to a billing management application for tracking information/contracts ...

Saturday, February 15, 2014

Intimidation: Missouri Senate passes online database for workers' comp

Privacy is a basic premises of workers' compensation law and the State of Missouri is taking a major step to eliminate it and intimidate injure worker. Today's post is shared from therolladailynews.com
An online database of workers' compensation claims would be created under legislation passed by the Missouri Senate.
Under the measure, SB526, passed on Thursday, businesses could provide a potential employee's name and Social Security number to identify the date of workers' compensation claims and whether the claim is open or closed.
Sponsoring Sen. Mike Cunningham, a Rogersville Republican, says the information is already available but only by written request. Supporters say the bill would help businesses control workers' compensation costs.
A similar bill was vetoed by Democratic Gov. Jay Nixon last year. He cited privacy concerns and called it "an affront to the privacy of our citizens."
Senators voted 26-7 to send the measure to the House.
[Click here to see the rest of this post]

Tuesday, January 28, 2014

Will GPS "Dots" Change Our Privacy Standards in Workers Compensation

As Global Positioning Systems (GPS) expand and integrate with the Internet, the applications for the invasion of privacy seem endless in workers' compensation. GPS "dots" can be applied to employees and/or equipment, to delineate deviation from the course of employment, temporary disability non-work status and treatment compliance.

After listening to the TED Radio Talk this week on NPR, where Todd Humphrey's describes possibilities to of using GPS "dots," one wonders how much privacy an injured employee will be required to surrender because of an accident at work.

Click here to listen to: TED Radio Hour - Predicting the Future


Tuesday, January 7, 2014

IARC to evaluate carbon nanotubes

Today's post is shared from http://johncherrie.blogspot.co.uk

The International Agency for Research on Cancer (IARC) has announced that the 111th Monograph meeting  (30 September - 7 October 2014) will evaluate some nanomaterials and fibres. The agents  for review are carbon nanotubes (CNT), fluoro-edenite and silicon carbide.

The major concern with CNT is their elongated shape and the possibility that they may have similar toxicological properties to asbestos, but the scientific issues surrounding nanotubes are complex. Searching the recently published literature shows that there are almost ten times the number of papers investigating the use of carbon nanotubes as a way of delivering therapeutic cancer drugs as are concerned with the cancer hazards or risks of the same materials.

Ken Donaldson and colleagues [1] discussed the hazard of CNT in a recent paper. They noted that when inhaled, asbestos can cause asbestosis, bronchogenic carcinoma, mesothelioma, pleural fibrosis and pleural plaques. The pathogenicity of fibres in the lung depends on their length, diameter and biopersistence. Long and biopersistent fibres can cause oxidative stress and inflammation in the lung and pleura and these processes culminate in pathologic changes. Current research suggests that fibrous CNT can elicit inflamatory effects similar to asbestos but more research is needed to determine whether they can cause fibrosis and cancer in the lung. However, given the main potential use of these materials it is perhaps more important to determine whether...
[Click here to see the rest of this post]

Friday, January 3, 2014

Justice for asbestos victims

Today's post was shared by Linda Reinstein and comes from you.38degrees.org.uk

Dear Lord Freud The 2013 Mesothelioma Bill in its current form is unfair and punitive. It imposes arbitrary deadlines on already-vulnerable people, depriving them of vital compensation.We call on you to amend the bill to ensure that everyone who is affected by asbestos exposure get 100% of the compensation owed to them.
Anyone who is exposed to asbestos at work, and subsequently develops mesothelioma cancer, is entitled to compensation from their employer. However, many people can’t be paid compensation because they can’t track down the company who insured their employer at the time of exposure, which could have been many decades ago.The government is currently legislating to set up a scheme where they will compensate those affected if they can’t find the relevant insurer. However, they’ve imposed a cut-off date of 25th July 2012 so anyone diagnosed before that date can’t claim from the new scheme. This arbitrarily punishes people struggling with life-threatening illnesses.And they’ve capped the compensation someone can claim to 70% of the average compensation paid through the civil court system. This robs people of vital funds they need at a difficult time of their lives. This government is crippling individuals, to save themselves pennies.Sign this petition and demand fair, compassionate treatment for all asbestos-affected people.

[Click here to see the rest of this post]

Tuesday, December 31, 2013

Asbestos Victims Ask Yale to Revoke an Honorary Degree


An Italian organization representing victims of asbestos exposure has asked Yale University to rescind an honorary degree awarded to the owner of the company they once worked for.

In the mid-1970s, Swiss billionaire Stefan Schmidheiny took over his family’s business. The Eternit company had plants around the world that produced asbestos cement products. The largest was in Casale Monferrato, Italy.

Connecticut lawyer Christopher Meisenkothen represents shipyard workers and boiler makers who worked with asbestos here in the U.S., and later developed diseases like asbestosis, lung cancer, and mesothelioma. He is handling the Italian request to Yale, pro bono.

Meisenkothen described notes from an Eternit company meeting in the 1970s. "Clearly," he said, "they were acknowledging in 1976 that the workers were at risk. The plant continued to use asbestos for many years after that. They could have given the workers respiratory protection, [or] installed exhaust fans. And the worker testimony from workers at the time consistently indicates that there were no serious precautions taken in the plant."

Two years later, Schmidheiny began to dismantle the company's asbestos processing concern. He went on to use his wealth to support eco-friendly sustainable development in other parts of the world.

In 2012, Schmidheiny was tried in absentia in Italy. He was found guilty of causing the deaths of thousands of people in Casale Monferrato, and has been sentenced to 18 years...


[Click here to see the rest of this post]


Monday, December 30, 2013

Common Knee Surgery Does Very Little for Some, Study Suggests

A popular surgical procedure worked no better than fake operations in helping people with one type of common knee problem, suggesting that thousands of people may be undergoing unnecessary surgery, a new study in The New England Journal of Medicine reports.

The unusual study involved people with a torn meniscus, crescent-shaped cartilage that helps cushion and stabilize knees. Arthroscopic surgery on the meniscus is the most common orthopedic procedure in the United States, performed, the study said, about 700,000 times a year at an estimated cost of $4 billion.

The study, conducted in Finland, involved a small subset of meniscal tears. But experts, including some orthopedic surgeons, said the study added to other recent research suggesting that meniscal surgery should be aimed at a narrower group of patients; that for many, options like physical therapy may be as good.

The surgery, arthroscopic partial meniscectomy, involves small incisions. They are to accommodate the arthroscope, which allows doctors to see inside, and for tools to trim torn meniscus and to smooth ragged edges of what remains.

The Finnish study does not indicate that surgery never helps; there is consensus that it should be performed in some circumstances, especially for younger patients and for tears from acute sports injuries. But about 80 percent of tears develop from wear and aging, and some researchers believe surgery in those cases should be significantly limited.

“Those who do research have...
[Click here to see the rest of this post]

Global cancer burden rises to 14.1 million new cases in 2012: Marked increase in breast cancers must be addressed

The International Agency for Research on Cancer (IARC), the specialized cancer agency of the World Health Organization, today released the latest data on cancer incidence, mortality, and prevalence worldwide.1 The new version of IARC’s online database, GLOBOCAN 2012, provides the most recent estimates for 28 types of cancer in 184 countries worldwide and offers a comprehensive overview of the global cancer burden. 
GLOBOCAN 2012 reveals striking patterns of cancer in women and highlights that priority should be given to cancer prevention and control measures for breast and cervical cancers globally. 
Global burden rises to 14.1 million new cases and 8.2 million cancer deaths in 2012 
According to GLOBOCAN 2012, an estimated 14.1 million new cancer cases and 8.2 million cancer-related deaths occurred in 2012, compared with 12.7 million and 7.6 million, respectively, in 2008. Prevalence estimates for 2012 show that there were 32.6 million people (over the age of 15 years) alive who had had a cancer diagnosed in the previous five years. 
The most commonly diagnosed cancers worldwide were those of the lung (1.8 million, 13.0% of the total), breast (1.7 million, 11.9%), and colorectum (1.4 million, 9.7%). The most common causes of cancer death were cancers of the lung (1.6 million, 19.4% of the total), liver (0.8 million, 9.1%), and stomach (0.7 million, 8.8%). 
Projections based on the GLOBOCAN 2012 estimates predict a substantive increase to 19.3 million new cancer cases per year by 2025, due to growth and ageing of the global population. More than half of all cancers (56.8%) and cancer deaths (64.9%) in 2012 occurred in less developed regions of the world, and these proportions will increase further by 2025. 
Sharp rise in breast cancer worldwide 
In 2012, 1.7 million women were diagnosed with breast cancer and there were 6.3 million women alive who had been diagnosed with breast cancer in the previous five years. Since the 2008 estimates, breast cancer incidence has increased by more than 20%, while mortality has increased by 14%. Breast cancer is also the most common cause of cancer death among women (522 000 deaths in 2012) and the most frequently diagnosed cancer among women in 140 of 184 countries worldwide. It now represents one in four of all cancers in women. 
“Breast cancer is also a leading cause of cancer death in the less developed countries of the world. This is partly because a shift in lifestyles is causing an increase in incidence, and partly 

Wednesday, December 25, 2013

Target Customer Information Shows Up on the Black Market

Today's post was shared by Steven Greenhouse and comes from bits.blogs.nytimes.com


A Target customer preparing to sign a credit card receipt at a store in Miami on Thursday. The company disclosed that hackers had recently stolen credit or debit card numbers for 40 million customers who had shopped in its stores.
A Target customer preparing to sign a credit card receipt at a store in Miami on Thursday. The company disclosed that hackers had recently stolen credit or debit card numbers for 40 million customers who had shopped in its stores.
The nightmare before Christmas continues for Target.
Stolen Target customer information from a security breach involving its in-store point-of-sale systems has already begun flooding the black market, according to numerous people in the fraud industry tracking the situation.
On Dec. 11, one week after hackers breached Target’s systems, Easy Solutions, a company that tracks fraud, noticed a ten- to twentyfold increase in the number of high-value stolen cards on black market web sites, from nearly every bank and credit union.
The black market for credit card and debit card numbers is highly sophisticated, with numerous card-selling sites that are indistinguishable from a modern-day e-commerce site. Many sell cards in bulk to account for the possibility of cancellations. Some go for as little as a quarter. Corporate cards can sell for as much as $45.
But the security blogger Brian Krebs, who first broke news of the Target security breach on his website, said some Target customers’ high-value...
[Click here to see the rest of this post]

Friday, December 13, 2013

No Legislation is Stiring: Jobless Fear Looming Cutoff of Benefits

The US House of representative has passed a budget excluding the extension of unemployment benefits. Today's post was shared by The New York Times and comes from www.nytimes.com


Mary Helen Gillespie of Londonderry, N.H., is about to lose her last government lifeline. Since being laid off from a large banking firm in April, Ms. Gillespie, 57, has been living on little more than her unemployment insurance payments of $384 a week. She has burned through her savings and moved back in with her parents.
“There are times where I’ll go two, three, four days where I only have five dollars in my wallet and no money in my checking account,” said Ms. Gillespie, who worked as a corporate compliance officer at her previous employer,choking up as she described the difficulty of finding a job, any job, after her second extended period of joblessness since 2007. “I’ve been making decisions such as: Do I buy groceries or do I buy prescriptions?”
Ms. Gillespie’s 26 weeks of state benefits ran out this month, but she remained eligible for the emergency federal unemployment-insurance program, which has provided as many as 73 additional weeks of checks in states with high jobless rates.
Until now. Unless Congress acts — suddenly and unexpectedly — that recession-era initiative will expire at the end of the month. About 1.3 million current beneficiaries will lose aid. Also affected are an estimated 1.9 million more who would have been eligible for the program in the first half of 2014 after their state benefits ran out.
Democrats in Congress are pushing for an extension, which would cost the...
[Click here to see the rest of this post]

Petition Aims to Build First Federally Funded Mesothelioma Program

Helping asbestos victims may become a Federal effort. Today's post was shared by Linda Reinstein and comes from www.asbestos.com


As the youngest person to become chief of Naval Operations, Admiral Elmo Zumwalt played a major role in U.S. military history -- a war hero whose service spanned World War II, Korea and Vietnam.
It's only appropriate that the Mesothelioma Center for Excellence at the VA West Los Angeles Medical Center is adopting his name.
Zumwalt died from pleural mesothelioma cancer almost 14 years ago, an ending that far too many veterans have suffered, stemming from the once-extensive use of asbestos in the armed forces.
His life was dedicated to those who bravely served their country. Now his memory will be, too.
If the efforts to become the first federally funded mesothelioma program are successful, the Elmo Zumwalt Treatment & Research Center in Los Angeles is expected to blossom and become a premier destination for veterans battling this disease.
"These (veterans) are our heroes. They've given so much of themselves. They deserve the best care we can give them, particularly with this disease," said Clare Cameron, executive director of the nearby Pacific Heart, Lung and Blood Institute. "I think it is so important to take care of them now. They have earned that right."

Help With Petition Signatures

Cameron has been gathering petition signatures supporting efforts by the West Los Angeles VA and the Zumwalt family. She will present the petition early in 2014 to Robert Petzel, M.D., Under Secretary for Health for the U.S....
[Click here to see the rest of this post]