Copyright
Saturday, July 27, 2013
Corporate Liability: Halliburton Pleads to Destroying Evidence in Gulf Pil Spill 2010
"Halliburton Energy Services Inc. has agreed to plead guilty to destroying evidence in connection with the Deepwater Horizon disaster, the Department of Justice announced today. A criminal information charging Halliburton with one count of destruction of evidence was filed today in U.S. District Court in the Eastern District of Louisiana.
"Halliburton has signed a cooperation and guilty plea agreement with the government in which Halliburton has agreed to plead guilty and admit its criminal conduct. As part of the plea agreement, Halliburton has further agreed, subject to the court’s approval, to pay the maximum-available statutory fine, to be subject to three years of probation and to continue its cooperation in the government’s ongoing criminal investigation. Separately, Halliburton made a voluntary contribution of $55 million to the National Fish and Wildlife Foundation that was not conditioned on the court’s acceptance of its plea agreement.
Thursday, November 21, 2013
South Lanarkshire Council asbestos ruling 'ends uncertainty'
A council has been held liable over the death of a man it never employed in a ruling which lawyers say removes a "black hole" around asbestos claims.
David Bavaird died in 2008 - 12 years after South Lanarkshire Council assumed the liabilities of his ex-employer, the East Kilbride Development Corporation. The council's case that it was not liable as he was not ill in 1996 was rejected at the Court of Session. His family's lawyers said defeat may have meant other claims failed too. The court heard that Mr Bavaird was exposed to asbestos during his employment with the corporation in the 1960s. Liability transfer The corporation was wound up in 1996 and its legal liabilities were transferred to South Lanarkshire Council. Mr Bavaird, who was from East Kilbride, died of the asbestos-related lung disease, mesothelioma, in 2008. His family subsequently raised an action against the council and other bodies. This was a highly complex case, as was reflected by Lord Brailsford's earlier ruling that the council could not be held liable A previous ruling at the outer house of the Court of Session in October last year upheld the council's case that it was not liable. This ruling has now been overturned by the inner house judges, Lady Paton sitting with Lord Drummond Young and Lord Marnoch. Following the ruling, Laura Blane, from Thompsons Solicitors, who represented Mr Bavaird's family, said: "Had the Court of Session not... |
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Tuesday, September 10, 2013
Christie Vetoes Bill That Would Have Prevented Some Truck Drivers From Being Treated As Independent Contractors
Gov. Chris Christie vetoed a bill that would have protected some truck drivers from being inappropriately classified as “independent contractors,” drawing criticism from one of the bill’s sponsors. “Because of the Governor’s veto, unethical companies will continue to skirt the law by gaming the system to avoid paying their fair share of taxes,” said Assembly Deputy Speaker John S. Wisniewski. “In doing so, they will also continue to deprive their drivers of Social Security, Medicare, Workers’ Compensation and Unemployment benefits.” This “is just the latest example of the Governor siding against hard working New Jerseyans. His veto keeps in place a system that is unfair to workers and unfair to those companies that play by the rules,” Wisniewski said. The bill passed by a 43-30-5 vote in the Assembly and a 21-17 vote in the state Senate, so lawmakers are unlikely to override the governor’s veto. Under the bill, “drayage,” or short-distance truckers, and parcel delivery drivers could not be classified as “independent contractors” unless the employers can show that the workers are truly independent. The businesses would have to demonstrate to the New Jersey Department of Labor and Workforce Development that the workers are free from their day-to-day control, that the service is outside the usual course or place of business and that the employee is customarily... |
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Saturday, February 12, 2011
Published: 2011 Workers' Compensation Law Treatise
What's New
An analysis of the newly adopted procedures for the reimbursement of conditional payments established by Medicare and the protocols to co-ordinate workers’ compensation claims with the Centers for Medicare and Medicaid Services is contained in this supplement. The materials also provide the authorizations required to obtain conditional payment information from the Coordinator of Benefits. Debt collection referral to the Department of the Treasury is also reviewed.
The new Community and Worker Right to Know material has been incorporated into this supplement. The current hazardous substance lists and the substances that have been deemed extremely dangerous are provided.
The supplement reviews new case law concerning electronic cancellation of coverage as well as the standard for claims to be considered casually related to the employment.
The judicial interpretation of the Exclusivity Doctrine is discussion in light of the dual capacity status of a household contact / bystander and also former employee. The evidential requirements in latent occupational claims is reviewed.
The mandatory reporting requirements of the SCHIP Extension Act of 2007 are described as well as the appeal procedure under the reimbursement provision of the Medicare Secondary Payer Act.
These pocket parts provide information concerning the requirements for medical monitoring in workers’ compensation claims. It discusses. the Asbestos Fund, which has been established for those entities where workers’ compensation coverage cannot be established. The newly designed forms that need to be utilized in filing for benefits are included. Also, the recently modified Motion for Temporary and Medical Benefits, including a form Certification, is provided and discussed.
The newly revised Judgments for Total and Permanent Disability are provided in this pocket part. The Judgments include new refinements in offsets for pensions and Social Security disability benefits. Reviewed also is the “intentional wrong exception” to the Exclusivity Bar which has been the subject of new workers’ compensation insurance policy language and regulation.
The recently promulgated administrative rules governing the disposition of Temporary Disability Benefits are discussed. The non-duplication of benefits provisions are reviewed including the multiple agency adjudication process. An expansion of benefits available to Federal public safety officers is reviewed in this supplement.
Collateral medical benefit issues are discussed in light of the recent Supreme Court decision concerning this matter. The pocket parts include a Motion to Join the Collateral Health Carrier and provide sample Certifications to be used in support of the application. New pleadings issued by the Division of Workers’ Compensation in the area of medical payment and reimbursement claims are provided and commented upon in these materials.
Additionally, these pocket parts provide information concerning the new Rules of the Division of Workers’ Compensation embodying electronic filing requirements and new procedures involving both formal and informal proceedings, motion practice, post judgment process, and judicial performance. The expanded Medicare secondary reporting requirements and the mandatory coordination of benefits are reviewed in this supplement. The recovery aspects of Medicare conditional payments as well as future medical provisions are updated and discussed. The new Child Support Lien distribution forms, computation worksheets and judgments are provided and explained in depth. The NJ Supreme’ Court ruling and the legislative enactments are discussed concerning same sex couples and the availability of workers’ compensation benefits.
This supplement reviews the newly promulgated Rules concerning the Uninsured Employers’ Fund and audio and video coverage of workers’ compensation proceedings. The horrific tragedy of September 11th, 2001 and the impact it has upon the Workers’ Compensation system is discussed. This supplement reviews the newly enacted Smallpox Emergency Protection Act as well as recent court decisions concerning acts of terrorism. The subsequent legislative changes enacted in response to potential terrorist threats are reviewed, including the Public Safety Officers’ Benefit Act as well as the liberalized legislative enactments involving rescue workers and medical personnel.
The far-reaching ramifications of the newly enacted healthcare reform legislation are reviewed. The new prototype occupational medical care program, encompassing potential occupational exposure claims, is presented in this supplement.
The impact of the newly promulgated Federal rules and regulations concerning medical record privacy and compliance with the Health Insurance Portability and Accountability Act (HIPPA) medical authorization requirements are reviewed in this supplement and model forms are furnished. The recently enacted statutory workers' compensation coverage options available to proprietors and partners are discussed. The supplement reviews the recent court decisions expanding the responsibility of the Second Injury Fund for pre-existing medical conditions in cases in which latent diseases become manifest during retirement. The statutory enactments concerning State Temporary Disability Benefits are reviewed. The recently amended Energy Employees Occupational Illness Compensation Act is explained in detail and forms are furnished and discussed.
The new administration and management of claims arising from insolvent workers’ compensation insurance is covered in this pocket part.
The recent Supreme Court decisions concerning the high judicial threshold for evaluation of scientific evidence are analyzed. The requirements for proof of scientific evidence in complex workers’ compensation cases are discussed including the admissibility of testimony from non-physicians experts. Furthermore, the evolving and expanding issues concerning medical monitoring are reviewed.
This pocket part also discusses recent changes in the application for counsel fees. The supplement includes the newly promulgated administrative directive embodying those changes.
To Order
More Information
Table of Contents Supp. 2011
Index, Supp. 2011
Summary of Contents
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Tuesday, December 10, 2013
A Twist of Fate: Italian Asbestos Victims’ Investigator Finds Evidence Stephan Schmidheiny’s Avina Foundation Donated to Yale University by Linda Reinstein
Posted on December 9, 2013
Corporate Crime Reporter: Italian Asbestos Victims Call on Yale To Revoke Honorary Degree to Schmidheiny @CorpCrimeReport The Courant: Asbestos Victims Ask Yale To Revoke Honorary Degree Of Former Factory Owner @hartfordcourant Yale Daily News: A Toxic Legacy @yaledailynews ADAO BLOG: ADAO Supports AFEVA’s Plea to Yale University to Revoke Schmidheiny’s Honorary Doctorate On October 30, 2013, an Italian asbestos victims’ group, Associazione Famigliari Vittime Amianto (AFeVA) has sent a letter and petition to Dr. Salovery asking Yale to revoke asbestos criminal, Stephan Schmidheiny’s, honorary doctorate. Yale University awarded billionaire Schmidheiny an honorary Doctorate of Humane Letters in 1996, ten years after the Eternit plant in Casale was closed, leaving behind an environment disaster. The Italian court noted that Schmidheiny’s actual knowledge of the deadly hazards of asbestos dated back at least as far as 1976 when he attended an Eternit managers conference and was involved in key decision-making about the company’s asbestos business. Yale University asserted in the October 30, 2013 letter that neither Schmidheiny, Eternit nor Schmidheiny’s Avina Foundation ever contributed gifts or grants to Yale. Wrong! In an interesting twist, however,... |
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Monday, October 24, 2011
Insurance Agent Charged With Theft of $255,000 of Work Comp Premiums
Attorney General Linda Kelly identified the defendant as Joseph A. Maurer, 58, of 2558 Welsh Road, Mohnton. Maurer owned and operated Commonwealth Professional Group, a former insurance agency located in Reading, Berks County.
According to the criminal complaint, Maurer is accused of taking more than $188,000 in premiums paid by four municipal governments, including Bally Borough and South Heidelberg Township, located in Berks County, along with Salisbury Township in Lehigh County and Earl Township in Lancaster County. The money allegedly paid to Maurer by all four municipalities was supposed to be forwarded to Pennprime Insurance Trust, of Harrisburg, as payment for workers compensation coverage.
Additionally, Maurer allegedly misdirected premium payments for at least five other policies purchased through his agency, totaling in excess of $67,000 that was supposed to be forwarded to Travelers Insurance and ACE American Insurance Company on behalf of various clients.
Maurer is charged with three counts of theft by failure to make required disposition of funds received, all third-degree felonies which are each punishable by up to seven years in prison and $15,000 fines.
Maurer was preliminarily arraigned on October 12th before Reading Magisterial District Judge Phyllis J. Kowalski and released on $850,000 unsecured bail. He was also ordered to surrender his passport.
A preliminary hearing for Maurer is scheduled for November 9th, at 1:30 p.m., before Magisterial District Judge Kowalski.
The case will be prosecuted in Berks County by Deputy Attorney General John T. Dickinson of the Pennsylvania Attorney General's Insurance Fraud Section.
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Monday, December 30, 2013
Common Knee Surgery Does Very Little for Some, Study Suggests
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]
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Wednesday, December 25, 2013
Target Customer Information Shows Up on the Black Market
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... |
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Monday, February 7, 2022
Order: Workers' Compensation Law 2022 Update
Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law can now be ordered from Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law.
Saturday, January 9, 2016
Insurance Company Plans to Track Movements of Workers In The Name Of Safety
Wednesday, March 24, 2010
Disgruntled Client Unable to Sue Former Attorney
"We conclude that the District Court applied the appropriate standard for dismissal pursuant to Rule 12(b)(6) and properly dismissed Donnelly's Amended Complaint for the reasons stated in its Opinion. Donnelly argues on appeal that no COM [Certificate of Merit] was required for his breach of contract and legal malpractice claims against the O'Malley defendants because these claims do not call for expert testimony to explain their lapses in judgment or failures in performance. He asserts that his allegations are easy for an ordinary person to understand. For instance, he asserts that the O'Malley defendants gave him employment advice, which is outside their realm of expertise. (Informal Br. at 5.) Regardless of how he chooses to characterize his claim, however, Donnelly's allegations pertain to the quality of the O'Malley defendants' professional representation of him, and thus a COM is required. See Gorski v. Smith, 812 A.2d 683, 694 (Pa.Super.Ct.2002) (stating that in cases where there is an attorney/client agreement for legal services, “there automatically arises a contractual duty on the part of the attorney to render those legal services in a manner that comports with the profession at large”); Pa. R. Civ. P. 1042.3 (a COM is required in “any action” against an attorney that calls into question whether counsel “deviated from an acceptable professional standard”). Involuntary dismissal under Rule 1042.3 is not a dismissal with prejudice, however. See Moore v. John A. Luchsinger, P.C., 862 A.2d 631, 634 n. 3 (Pa.Super.Ct.2004). Hence, we will affirm the District Court's order dismissing this claim as modified to be a dismissal without prejudice."
Donnelly v. O'Malley & Langan, PC, 2010 WL 925869, C.A.3 (Pa.),2010., March 16, 2010 (Unpublished Decision)
Friday, April 13, 2012
Facebook Creating Even A Greater Problem in Comp Claims
See Facebook Privacy Blog
"Starting today, you will be able to download an expanded archive of your Facebook account history. First introduced in 2010, Download Your Information lets you get a copy of what you've shared on Facebook, such as photos, posts, messages, a list of friends and chat conversations. Now you can access additional categories of information, including previous names, friend requests you've made and IP addresses you logged in from. This feature will be rolling out gradually to all users and more categories of information will be available for download in the future. Download Your Information is available from your Facebook Account Settings."
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Friday, November 15, 2013
House Considers Bills to Limit Americans’ Rights
Today's post was shared by Take Justice Back and comes from www.justice.org
House Considers Bills to Limit Americans’ Rights Text Size Home Newsroom AAJ News House Considers Bills to Limit Americans’ Rights For Immediate Release: November 12, 2013 Contact: Katie Gommel House Considers Bills to Limit Americans’ Rights Washington, DC—The following is a statement from America Association for Justice President Burton LeBlanc in response to the passage of H.R. 982 and H.R. 2655 out of the U.S. House of Representatives Committee on Rules. “Corporations should not bully Americans out of their rights to access justice. “H.R. 982 would violate asbestos victims’ privacy and allow asbestos corporations to delay and deny justice until asbestos victims die. Asbestos kills over 10,000 Americans every year, and the industry hid the dangers for decades; the last thing this industry needs is a handout from Congress. “H.R. 2655 is the latest favor to multinational corporations seeking to undermine the rights of American workers and consumers by adding unnecessary burdens and delays to the civil justice system. At a time when our courts are already suffering from persistent underfunding, Congress should focus efforts on improving access to justice.” As the world's largest trial bar, the American Association for Justice (formerly known as the Association of Trial Lawyers of America) works to make sure people have a fair chance to receive justice through... |
Sunday, October 13, 2013
Social Security raise to be among lowest in years
For the second straight year, millions of Social Security recipients, disabled veterans and federal retirees can expect historically small increases in their benefits come January.
Preliminary figures suggest a benefit increase of roughly 1.5 percent, which would be among the smallest since automatic increases were adopted in 1975, according to an analysis by The Associated Press. Next year's raise will be small because consumer prices, as measured by the government, haven't gone up much in the past year. The exact size of the cost-of-living adjustment, or COLA, won't be known until the Labor Department releases the inflation report for September. That was supposed to happen Wednesday, but the report was delayed indefinitely because of the partial government shutdown. The COLA is usually announced in October to give Social Security and other benefit programs time to adjust January payments. The Social Security Administration has given no indication that raises would be delayed because of the shutdown, but advocates for... |
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Wednesday, July 14, 2021
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Friday, May 4, 2012
Federal Court Rules That Bankruptcy Court May Transfer Insurance Assets to Trust
"Federal–Mogul Global and its affiliates filed for Chapter 11 bankruptcy and sought to resolve asbestos-related liability through the creation of a personal-injury trust under 11 U.S.C. § 524(g). As part of its reorganization plan, it sought to transfer rights under insurance liability policies to the trust. Appellants Insurers had provided liability policies to the debtors prior to bankruptcy and objected that the transfer violated the policies' anti-assignment provisions. Federal–Mogul contended that 11 U.S.C. § 1123(a)(5)(B) preempts those provisions, and the bankruptcy and district courts agreed. We will affirm."
"In sum, section 524 trusts are the only national statutory scheme extant to resolve asbestos litigation through a quasi-administrative process. In function, the trusts are similar to workers' compensation or other administrative remedies that employ valuation grids to compensate injuries, subject to individualized and judicial review. Unlike those schemes, the trusts place the authority to adjudicate claims in private rather than public hands, a difference that has at times given us and other observers pause, since it endows potentially interested parties with considerable authority."
In re Federal-Mogul Global
--- F.3d ----, 2012 WL 1511773
C.A.3 (Del.),2012.
May 01, 2012
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Friday, February 12, 2021
Just Published - Workers' Compensation Law 2021 COVID-19 Update
Jon Gelman’s* newly revised and the updated treatise on Workers’ Compensation Law has been published by Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law. Updated annually for over 35 years, this body of work provides practical tips, objective analysis, and academic support for the workers' compensation community.
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Friday, May 27, 2011
Top 10 Surgery Center Violations
- Staff members walked through the sterile operating room in street clothes
- The surgery center did not have mandated emergency equipment and medicines on site
- The surgery centers had no system to track controlled and regulated medications on site
- Physicians and staff did not have current licenses and credentials
- The patient beds and floors were not sanitized correctly
- Surgical instruments were not cleaned or sanitized correctly
- The staff filled out patient charts in advance for convenience
- Single use items were used more then once on a patient
- The facility did not maintain an ongoing infection control program
- The surgery center failed to obtain consent from patients prior to permitting physician residents in an educational program participate in their surgeries.
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