The US Supreme Court has placed Cassens Transport Co., et al., Petitioners v, Paul Brown, et al., No. 08-1375 on its conference agenda for December 4, 2009. At that time the Justices will review the Petition for Certiorari.
Pending before the US Supreme Court is a petition for a writ of certiorari to review a decision where: the employer, insurance company and their experts were found to have conducted themselves in violation of the RICO Act.
In this reverse preemption case, Public Citizen filed a brief which crystallizes the issues before the Court.
Deepak Gupta and Allison Zieve of Public Citizen are co-counsel for the respondent.
"Respondent’s Brief in Opposition to the Petition for Certiorari.
The McCarran-Ferguson Act, 15 U.S.C. § 1012(b), “precludes application of a federal statute” that would “invalidate, impair, or supersede” a state law “enacted * * * for the purpose of regulating the business of insurance.” The questions presented in this case are:
1. Whether a state workers’ compensation law that transfers the risk of workplace injuries to employers, and requires that employers secure their ability to assume those risks either by purchasing of insurance or by self insuring, regulates the “business of insurance” within the meaning of the McCarran-Ferguson Act.
2. Whether a State’s exclusive, administrative remedial scheme for handling contested workers’ compensation benefit determinations is impaired within the meaning of the McCarran-Ferguson Act by the availability of suits under the federal Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq., contesting the denial of worker’s compensation claims."
Click here to see the Workers' Compensation Blog for additional articles on RICO matters and workers' compensation.
Showing posts sorted by relevance for query rico. Sort by date Show all posts
Showing posts sorted by relevance for query rico. Sort by date Show all posts
Friday, December 4, 2009
Thursday, April 10, 2014
EPA Reaches Agreement with Two Companies Requiring the Cleanup of Asbestos at a School and Head Start Facility in Penuelas, Puerto Rico
Today's post was shared by US EPA News and comes from yosemite.epa.gov
Release Date: 04/08/2014
Asbestos was once used in insulation and other building materials. The inhalation of asbestos fibers can lead to cancer and asbestosis, a serious respiratory disease. The removal of asbestos-containing materials during demolition requires strict adherence to procedures outlined in the Clean Air Act to protect public health. “Asbestos can cause serious health problems and must be handled properly to protect people’s health,” said Judith A. Enck, EPA Regional Administrator. “The cleanup of asbestos at the school and Head Start will protect the health of children in this community and allow these educational facilities to reopen.” In November 2013, EPA discovered that an ongoing demolition conducted at the facility was disturbing... |
[Click here to see the rest of this post]
Tuesday, March 24, 2009
6th Circuit Allows RICO Decision Against Employer to Stand
The Sixth Circuit Court of Appeals permitted its favorable decision for employees and against an employer, its workers' compensation insurance carrier and its examining physician to stand. The Court, on January 5, 2009, denied a Rehearing and a Rehearing En Banc request made by the defendant who were held to be in violation of the Racketeer Influence and Corrupt Organization Act (RICO).
The Court held that 13 original predicated acts constituted a pattern of racketeering activity. The workers were not required to plead or prove reliance on the misrepresentations. The Circuit Court also ruled that the Michigan workers' compensation act did not reverse preempt RICO under the McCarran-Ferguson Act.
Brown v Cassens Transport Co. 546 F.3d 347 (6th Cir. 2009).
The Court held that 13 original predicated acts constituted a pattern of racketeering activity. The workers were not required to plead or prove reliance on the misrepresentations. The Circuit Court also ruled that the Michigan workers' compensation act did not reverse preempt RICO under the McCarran-Ferguson Act.
Brown v Cassens Transport Co. 546 F.3d 347 (6th Cir. 2009).
Saturday, October 24, 2009
US Supreme Court Allows More Time in RICO Case
Review of a Petition for Certiorari has been delayed by the US Supreme Court. Time has been extended by the Court until November 2, 2009 to file responsive papers to the Petition.
Pending before the US Supreme Court is a petition for a writ of certiorari to review a decision where: the employer, insurance company and their experts were found to have conducted themselves in violation of the RICO Act.
Pending before the US Supreme Court is a petition for a writ of certiorari to review a decision where: the employer, insurance company and their experts were found to have conducted themselves in violation of the RICO Act.
Click here to see the Workers' Compensation Blog for additional articles on RICO matters.
Saturday, August 31, 2013
Second Circuit to consider petition to reassign federal judge in Chevron RICO case
The U.S. Court of Appeals for the Second Circuit will consider a petition to reassign a federal judge overseeing a case stemming from a $19 billion judgment against oil giant Chevron Corp.
In a notice filed Aug. 14, the Second Circuit set Sept. 26 for oral argument on the petition to reassign Judge Lewis Kaplan for the U.S. District Court for the Southern District of New York.
Kaplan is currently presiding over a RICO lawsuit that Chevron filed against a group of Ecuadorians and their lawyers. The fraud case was filed by the company in the New York federal court in 2011.
New York attorney Steven Donziger and Ecuadorian plaintiffs Javier Piaguaje and Hugo Camacho filed a petition for writ of mandamus with the federal appeals court in June. They want the judge to be removed from the case for his alleged bias.
In a rare move, the court asked Kaplan for a legal brief in his defense. However, the judge “respectfully declined” the court’s invitation, according to a letter last month.
The U.S. Chamber of Commerce has filed an amicus brief in the case.
“The Chamber is concerned that improper resolution of Petitioners’ tactical use of a request for judicial reassignment could set a dangerous precedent with long-standing effects,” former U.S. Attorney General Michael Mukasey wrote in the brief, filed July 29.
The Chamber’s Institute for Legal Reform owns Legal Newsline.
This week, Donziger and the Ecuadorian...
|
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Sunday, September 7, 2014
The Affordable Care Act and Workers’ Compensation: The Known Unknowns
The future of the US workers’ compensation system is more difficult to comprehend almost on a daily basis, as the pendulum of change
continues to swing to extremes and the ground becomes more fertile for
political change. The recent decision in the State of Florida declaring that state's system unconstitutional ads to the continuing tension.
A few weeks ago, I attended Florida workers’ compensation
attorney Gerald Rosenthal’s presentation at the national convention of the American
Association for Justice in Baltimore. He spoke at an academic seminar
concerning the Affordable Care Act (ACA), ERISA and RICO. In his through
evaluation he raised more problems than solutions, from a shortage of primary
care physicians, opt-out systems, the evolution of wellness programs, ERISA
subrogation rights and RICO claims.
During the discussion phase of the presentation, Mr.
Rosenthal entertained a comment from the national guru on Social Security
subrogation issues and Medicare Secondary Payer policy, Hank Patterson of
North Carolina. The topic evolved into a discussion of using health care
policies purchased as part of a workers’ compensation settlement to avoid
subrogation involvement by the Centers for Medicare and Medicaid Services (CMS). The jury is still out on that
issue.
There are many known unknowns as to what effect the ACA will
have the transformation of workers’ compensation in an era of major economic,
political and social adjustment in the
United States.
As Senator Elizabeth Warren (D-MA), author of “A Fighting Chance”, dramatically noted in a
panel discussion with Professor Thomas Piketty, author of “Capital in the Twenty-First Century,”
this week at the Old South Meeting House in Boston, the even growing
economic dichotomy has had major impact on American workers’ as benefits
continue to diminish.
Massive changes in the workplace even become more
problematic when viewed in light of the changing landscape of medical delivery
and restrictions made to health research. The known unknowns to the future of
the nation’s century old workers’ compensation are now becoming more numerous
almost on a daily basis.
….
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).
Friday, January 28, 2011
The RICO Consequences of Managing Health Care in Workers Compensation
It is one thing to provide workers' compensation coverage to injured employers and it is another issue how involved an employer can be in managing medical care. That right was never addressed by the crafters of the workers' compensation system almost a century ago.
That dilemma is now being addressed by a Federal Judge in Colorado where a class action lawsuit pending against Wal-Mart for micro-managing and restricting medical care to injured workers. Brooks Magratten, Esq, has addressed these issues in a recently authored article. "Class Action Attacks Wal-Mart Health Care Model." 25 No. 13 WJEMP 1 (Jan. 25, 2011). The landmark action has the potential to expand workers compensation medical care into the umbrella of a national universal medical care system.
The plaintiffs in the pending action, all former and present Wal-Mart employees, are seeking treble damages against the mega-corporation, with an aggregate market value of $108.8 Billion, for interfering with medical care. Judge Robert Blackburn has denied Wal-Mart's motion to dismiss, now setting the stage for a definitive test of the workers' compensation medical system nationally.
Friday, November 16, 2012
NY Worker's Compensation Board Proposes New Medical Treatment Guidelines
New York Worker’s Compensation Board’s proposed new medical treatment guidelines that will modify 2010 previously implemented.
Carpal Tunnel Syndrome (CTS)
The new CTS MTG provide evidence based guidelines for the treatment of carpal tunnel syndrome, the most common occupational disease experienced in the workers’ compensation system. Like the other MTGs, the CTS MTG should improve the quality of care, speed access to the most beneficial treatment, and control the use of ineffective treatment.
Maintenance Care
The original four MTGs primarily address treatment for the acute and sub-acute phases of injury, with limited recommendations for the management of chronic conditions and chronic pain. As part of its effort to develop chronic pain guidelines, the MAC re-evaluated those recommendations that relate to maintenance care, recognizing that in certain situations maintenance care (chiropractic and occupational/physical therapy) should be available. The revised MTGs will authorize an ongoing maintenance program that can include up to 10 visits per year for those who have a previously observed and documented objective deterioration in functional status without the identified treatment. To be eligible for maintenance care, injured workers with chronic pain must have reached maximum medical improvement (MMI), have a permanent disability, and meet the requirements of the maintenance care program. No variance is allowed from the 10 visit annual maximum.
The new recommendations address a major concern of both providers and payers: the high number of variance requests. To date, more than three quarters of the variance requests are for maintenance care for those with chronic pain. Injured workers will now have access to important maintenance care while payers and providers will be relieved from the administrative burden of handling individual variance requests for this care. The remainder of the chronic pain guidelines is expected to be completed by early 2013.
Process Changes
The regulations also include several changes to simplify the process, reduce conflict, and speed dispute resolution. These consensus changes are the result of suggestions from stakeholders. The changes will achieve the following:
Complete copies of the proposed regulations, new and revised guidelines, complete description of the process changes, draft versions of the new forms, and other information are available on the Proposed Changes to New York Medical Treatment Guidelines page of the Board’s website. The regulations will be published in the November 21, 2012 State Register.
More about workers’ compensation medical treatment
Our Journey Forward on Occupational Medical Care
Nov 09, 2012
On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases. They validated, as did the Supreme Court, the ...
http://workers-compensation.blogspot.com/
Workers' Compensation Jeopardy: Romney and Medical Costs
Nov 01, 2012
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Loss of Health Insurance Access: The ...
Nov 05, 2012
On the flip side, the worker's compensation insurance company is supposed to pay for reasonable medical treatment expenses related to the injury; however, the carrier usually hires an “independent” medical doctor to deny ...
http://workers-compensation.blogspot.com/
RICO Case Against Wal-Mart & CMI Settles for $8 Million
Nov 14, 2012
The claim, on behalf of 7,000 Colorado Wal-Mart workers charges conspiracy with: Claims Management Inc., American Home Assurance Co. and Concentra Health Services Inc., to control medical treatment, who may have .
http://workers-compensation.blogspot.com/
- Adopt the new carpal tunnel syndrome (CTS) medical treatment guidelines (MTG) as the standard of care for the treatment of injured workers with carpal tunnel syndrome;
- Modify current MTGs to include new maintenance care recommendations; and
- Implement consensus changes to simplify the process, reduce litigation and speed dispute resolution.
Carpal Tunnel Syndrome (CTS)
The new CTS MTG provide evidence based guidelines for the treatment of carpal tunnel syndrome, the most common occupational disease experienced in the workers’ compensation system. Like the other MTGs, the CTS MTG should improve the quality of care, speed access to the most beneficial treatment, and control the use of ineffective treatment.
Maintenance Care
The original four MTGs primarily address treatment for the acute and sub-acute phases of injury, with limited recommendations for the management of chronic conditions and chronic pain. As part of its effort to develop chronic pain guidelines, the MAC re-evaluated those recommendations that relate to maintenance care, recognizing that in certain situations maintenance care (chiropractic and occupational/physical therapy) should be available. The revised MTGs will authorize an ongoing maintenance program that can include up to 10 visits per year for those who have a previously observed and documented objective deterioration in functional status without the identified treatment. To be eligible for maintenance care, injured workers with chronic pain must have reached maximum medical improvement (MMI), have a permanent disability, and meet the requirements of the maintenance care program. No variance is allowed from the 10 visit annual maximum.
The new recommendations address a major concern of both providers and payers: the high number of variance requests. To date, more than three quarters of the variance requests are for maintenance care for those with chronic pain. Injured workers will now have access to important maintenance care while payers and providers will be relieved from the administrative burden of handling individual variance requests for this care. The remainder of the chronic pain guidelines is expected to be completed by early 2013.
Process Changes
The regulations also include several changes to simplify the process, reduce conflict, and speed dispute resolution. These consensus changes are the result of suggestions from stakeholders. The changes will achieve the following:
- enable parties to more easily choose resolution by the Medical Director’s Office, which provides faster and less costly dispute resolution;
- clarify and simplify transmission requirements that were resulting in rejection of thousands of variance requests for technical violations;
- allow carriers to partially grant variance requests, thereby expediting care and reducing litigation;
- eliminate submission of duplicate variance requests;
- reduce the number of procedures requiring C-4 Authorization, and
- authorize submission of variance requests through a web-based portal or other technology in the future, should it become available.
Complete copies of the proposed regulations, new and revised guidelines, complete description of the process changes, draft versions of the new forms, and other information are available on the Proposed Changes to New York Medical Treatment Guidelines page of the Board’s website. The regulations will be published in the November 21, 2012 State Register.
More about workers’ compensation medical treatment
Our Journey Forward on Occupational Medical Care
Nov 09, 2012
On Tuesday, the American people expressed its support for a unified medical care program that will embrace all aspects of life, including industrial accidents and diseases. They validated, as did the Supreme Court, the ...
http://workers-compensation.blogspot.com/
Workers' Compensation Jeopardy: Romney and Medical Costs
Nov 01, 2012
Planned changes by Mitt Romney to Medicare and Medicaid will have a dire effect on the regulations of the future cost of workers' compensation medical treatment. Proposed changes to the Federal program will indirectly ...
http://workers-compensation.blogspot.com/
Workers' Compensation: Loss of Health Insurance Access: The ...
Nov 05, 2012
On the flip side, the worker's compensation insurance company is supposed to pay for reasonable medical treatment expenses related to the injury; however, the carrier usually hires an “independent” medical doctor to deny ...
http://workers-compensation.blogspot.com/
RICO Case Against Wal-Mart & CMI Settles for $8 Million
Nov 14, 2012
The claim, on behalf of 7,000 Colorado Wal-Mart workers charges conspiracy with: Claims Management Inc., American Home Assurance Co. and Concentra Health Services Inc., to control medical treatment, who may have .
http://workers-compensation.blogspot.com/
Saturday, April 14, 2012
Maine Passes Laws Restricting Workers Compensation Benefits
The The Bangor Daily reports that the State of Maine is in the process of legislatively restricting workers ' compensation benefits. The law overhaul's the system with the following changes:
• The elimination of a requirement that employers must continue paying benefits during an appeal.
• A new appeals divisions with authority to create rules of procedure.
• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.
• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.
The main elements of the program overhaul include:
• Altered eligibility requirements and the creation of a 10-year cap for employees who are permanently impaired with partial incapacity.• The elimination of a requirement that employers must continue paying benefits during an appeal.
• A new appeals divisions with authority to create rules of procedure.
• A shortened time period in which a notice of injury must be given, from 90 days to 30 days.
• A changed maximum benefit, from 80 percent of an employee’s net weekly wages to 66 percent of gross weekly wages.
Tuesday, July 22, 2014
U.S., state officials ask about asbestos
Today's post is shared from timesunion.com/
[Click here to see the rest of this post]
| Federal and state environmental agents have interviewed the former city engineer and his assistant about the city's handling of two demolition projects involving asbestos, a person with knowledge of the matter said. The emergency razing of 4-6-8-10 King St. in August 2013 and the tearing down of buildings at the King Fuels site in South Troy this year have drawn the attention of criminal investigators from the U.S. Environmental Protection Agency and the state Department of Environmental Conservation. The agents asked Russ Reeves, the former city engineer, and Barbara Tozzi, a former city engineering assistant, about the circumstances of the work and the handling of asbestos, the person, who wished to remain anonymous, said. The agents also queried Reeves regarding the nature of relationships at city hall and the involvement of individuals in the projects. Stop-work orders were issued for both demolition projects by the state because of concerns about procedures for dealing with asbestos in the 19th-century structures. The questions were similar to those asked by the FBI when one of its agents interviewed Reeves earlier this year. The state Labor Department also has investigated the asbestos removal. The city's request for proposals for the development of the Scolite site on the Hudson River in South Troy also was discussed in the latest interview, the person said. Reeves resigned as city engineer, saying that city officials were not concerned about public safety when the... |
Saturday, February 10, 2018
Just Published: 2018 Update - Gelman on Workers' Compensation Law
Jon Gelman’s newly revised and updated 2018 treatise on Workers’ Compensation Law is now available from by West Group of Egan, MN within the next few weeks. The treatise is the most complete work available on NJ Workers’ Compensation law and integrated with WESTLAW™, the "most preferred online legal research service.'"
Friday, November 14, 2014
System Fails to Provide Appropriate Care for Non-Catastrophic Injuries
Todays post is authored by Melissa Brown* of the California Bar.
The October issue of the American Journal of Industrial Medicine confirms what our clients have been experiencing since the California legislature began “reforming” medical treatment access in 2003: the system fails to provide appropriate care for non-catastrophic injuries. (See Franklin, G., et al., “Workers’ Compensation: Poor Quality Health Care and the Growing Disability Problem in the United States,” American Journal of Industrial Medicine, October 2014). The reforms, which include reliance on “evidence-based” medicine and utilization review, often results in increased permanent disabilities and a shift of compensation to Social Security, Medicare and other state and federal disability systems.
The authors note a 75% increase in those receiving Social Security Disability benefits for working age people during the period 2000 and 2012. The basis of the inability to work has shifted from cardiovascular to musculoskeletal, arguably injuries that could have been prevented with safer work practices.
Our experience at Fraulob, Brown, Gowen & Snapp is consistent with these findings. Just today, one of our client’s reported that the expert medical evaluator in his case, agreed to by the insurance company, advised him that had his neck surgery been approved when his doctor requested, rather than going through the utilization review process, he would have had less residual disability. This of course does not even address the pain and suffering he endured waiting for approval; pain and suffering which is not paid by workers’ compensation.
The only way to change this system is through legislation. Which means that people need to vote and need to make it their mission to contact their legislators and the governor with their horror stories.
Ms. Brown is a certified specialist in Workers’ Compensation as well as a national expert on Social Security Disability , Elder Law, Health Care Planning and decision-making. She is a law professor and published author.
Her practice includes serving as a court appointed and agreed upon Arbitrator for Workers’ Compensation matters. Her legal treatise, Advising the Elderly or Disabled Client, is utilized by law schools throughout America as well as Elder Law, Disability and Personal Injury attorneys. She been retained as an expert witness by the NFL Players association regarding compensation for brain and other serious injuries sustained by professional athletes.
The October issue of the American Journal of Industrial Medicine confirms what our clients have been experiencing since the California legislature began “reforming” medical treatment access in 2003: the system fails to provide appropriate care for non-catastrophic injuries. (See Franklin, G., et al., “Workers’ Compensation: Poor Quality Health Care and the Growing Disability Problem in the United States,” American Journal of Industrial Medicine, October 2014). The reforms, which include reliance on “evidence-based” medicine and utilization review, often results in increased permanent disabilities and a shift of compensation to Social Security, Medicare and other state and federal disability systems.
The authors note a 75% increase in those receiving Social Security Disability benefits for working age people during the period 2000 and 2012. The basis of the inability to work has shifted from cardiovascular to musculoskeletal, arguably injuries that could have been prevented with safer work practices.
Our experience at Fraulob, Brown, Gowen & Snapp is consistent with these findings. Just today, one of our client’s reported that the expert medical evaluator in his case, agreed to by the insurance company, advised him that had his neck surgery been approved when his doctor requested, rather than going through the utilization review process, he would have had less residual disability. This of course does not even address the pain and suffering he endured waiting for approval; pain and suffering which is not paid by workers’ compensation.
The only way to change this system is through legislation. Which means that people need to vote and need to make it their mission to contact their legislators and the governor with their horror stories.
.....
*Melissa C. Brown is a frequent lecturer at legal conventions and seminars. Ms. Brown has been recognized in America’s Top Attorneys for over 20 years. She has studied Mediation at the World Intellectual Property Organization in Geneva, Switzerland.Ms. Brown is a certified specialist in Workers’ Compensation as well as a national expert on Social Security Disability , Elder Law, Health Care Planning and decision-making. She is a law professor and published author.
Her practice includes serving as a court appointed and agreed upon Arbitrator for Workers’ Compensation matters. Her legal treatise, Advising the Elderly or Disabled Client, is utilized by law schools throughout America as well as Elder Law, Disability and Personal Injury attorneys. She been retained as an expert witness by the NFL Players association regarding compensation for brain and other serious injuries sustained by professional athletes.
Thursday, February 10, 2011
AIG Reaches For Its Wallet to Cover $4.1 Billion in Work Comp Claims and Asbestos Liabilities
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AIG's long and troubled history was the subject of investigative reporting in the Academy Award nominated film, Inside Job. The Many factors have impact on an insurance company's solvency including the ability to collect premiums in a down economic cycle, the investment of the premiums collected and colateral bad investments the have a massive economic impact of the financial worth of the company in general.
Workers' compensation claims continue despite a low employment cycle. Latent diseases, such as asbestos related lung cancer, asbestosis and mesothelioma, may be dormant for decades before manifesting into a chronic and terminal medical condition.
The industry continues to struggle on how workers' compensation should be employed to insure industries and employers from these condition. Originally the workers' compensation acts did not cover occupational conditions such as silicosis or asbestosis. In the 1950s acts were amended, at industries insistence to bring these occupational conditions under the umbrella of coverage and shield employers from civil lawsuits. With the expansion of products liability claims, based on the intentional concealment of information of the hazards of these conditions, as well as low economic recoveries from struggling workers' compensation systems put the boat back into the bottle, "the longest running tort", asbestos litigation, was born.
Industry continues to try to put the genie back into the bottle, which is reflected in the latest attempt in Missouri to bar liability claims against employers and co-workers. One of the incentives of a workers' compensation program is to prevent industrial accidents, but the system continues to struggle both economically and procedurally in achieving that objective.
The need for AIG to raise additional cash to pay claims raises a concern as to whether premium dollars to pay claims are being adequately protected in the first place, and whether those premiums ared being directed to injured workers and victims of occupational illness. Instead of trying to figure how to further restrict the payment of benefits, perhaps more attention should be paid to making a safer workplace by banning asbestos use, and providing more convenience access through universal medical care.
Related articles
Thursday, October 10, 2013
ABA president, others express concern over shutdown’s effects on judiciary
American Bar Association President James Silkenat is calling on members of Congress to send a budget to the President.
Silkenat, a partner in the New York office of Sullivan & Worcester, took office in August. In a statement last week, Silkenat called the government shutdown, which began Oct. 1, a “historic failure that imperils justice.” “The political brinksmanship that brought our government to a standstill reflects the same intransigence and unwillingness to compromise that imposed sequestration on our national government and hardships on many who contract with, work for or receive certain nonentitlement benefits from the federal government,” he said. “Federal courts already face staff reductions and programmatic cuts that threaten public safety. The failure to reach accord on a continuing resolution to fund the government has also scuttled both chambers attempts to add extra funding to pay for indigent defense representation.” He added, “Congress has practically abdicated its constitutional responsibility to provide a budget for the government. It is time to end the scorched earth tactics and send a budget to the President.” Silkenat, who argues that citizens’ access to justice will increasingly be in jeopardy, testified on Capitol Hill Tuesday about the effects of the shutdown on the judiciary. He, along with other lawyers and former judges, told members of the... |
Thursday, November 29, 2012
Heath Concerns About the Misuse of Pesticides for Bed Bug Control
Hotel workers as well as consumes are being cautioned cautioned about exposure to pesticides to control bed bugs.
The Agency for Toxic Substances and Disease Registry (ATSDR) and the Centers for Disease Control and Prevention (CDC) are alerting the public to an emerging national concern regarding misuse of pesticides to treat infestations of bed bugs and other insects indoors. Some pesticides are being applied indoors even though they are approved only for outdoor use. Even pesticides that are approved for indoor use can cause harm if over applied or not used as instructed on the product label.
There has been a dramatic increase in the number of bed bug-related inquiries received by the National Pesticide Information Center (NPIC) over the past several years, with many involving incidents of pesticide exposure, spills, or misapplications. From January 2006-December 2010, NPIC reported 169 calls to their hotline where residents, homeowners, or pesticide applicators sprayed pesticides indoors to treat bedbugs. These cases involved pesticides that were misapplied, not intended for indoor use, or legally banned from use. Of those, 129 resulted in mild or serious health effects (including one death) for persons living in affected residences.
ATSDR warns that outdoor pesticides should not be used indoors under any circumstances. Homeowners and applicators should always carefully read the product label to make sure that:
it has an EPA registration number
The Agency for Toxic Substances and Disease Registry (ATSDR) and the Centers for Disease Control and Prevention (CDC) are alerting the public to an emerging national concern regarding misuse of pesticides to treat infestations of bed bugs and other insects indoors. Some pesticides are being applied indoors even though they are approved only for outdoor use. Even pesticides that are approved for indoor use can cause harm if over applied or not used as instructed on the product label.
There has been a dramatic increase in the number of bed bug-related inquiries received by the National Pesticide Information Center (NPIC) over the past several years, with many involving incidents of pesticide exposure, spills, or misapplications. From January 2006-December 2010, NPIC reported 169 calls to their hotline where residents, homeowners, or pesticide applicators sprayed pesticides indoors to treat bedbugs. These cases involved pesticides that were misapplied, not intended for indoor use, or legally banned from use. Of those, 129 resulted in mild or serious health effects (including one death) for persons living in affected residences.
ATSDR warns that outdoor pesticides should not be used indoors under any circumstances. Homeowners and applicators should always carefully read the product label to make sure that:
it has an EPA registration number
- it is intended for indoor use
- it is effective against bed bugs (the label should say it is meant to be used to treat your home for bed bugs) and
- you know how to properly mix the product (if a concentrate) and where and how to apply it safely within the home.
- ....
Jon L.Gelman of Wayne NJ, is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson).
Aug 22, 2012
Based on reports from the United States Centers for Disease Control (CDC) arial spraying of pesticides has been mandated in Texas because of the number of reported cases of West Nile Flu. Questions are now being raised ...
Feb 14, 2012
Consistent with an enforcement trend by the EU to reduce agricultural pesticides used by 50% between 2008-2018, a French court on Monday declared U.S. biotech giant Monsanto guilty of chemical poisoning of a French ...
Aug 11, 2010
A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort flowing from a pesticide spraying. The workers, residents of Puerto Rico, were employed ...
Jul 02, 2009
A recent study by the McLaughlin Centre for Population Health Risk Assessment of the University of Ottawa finds that an increased risk of childhood leukemia is associated with the mother's exposure at work to pesticides.
Thursday, April 12, 2012
Washington Workers' Advisor Blog Launched
A new blog, Washington Workers' Advisor, has been launched to provide information about law, policy and safety in the workplace. Jay Causey, of the Causey Law Firm said, that the "blog will apply decades of legal experience and expertise to keep the reader informed about trends and developments in workers' compensation law, social security disability, maritime claims, and other legal issues important to working people."
Attorney Jay Causey has practiced for over 30 years in the area of workers' compensation and disability law, including Washington State workers' compensation claims, Social Security Disability cases, Longshore and Harbor workers' Act cases, Defense Base Act claims, and maritime injury. The Causey Law Firm, located in Seattle, Washington, is a nationally recognized firm serving clients in Washington State. It exclusively represents individuals who have been injured or have become disabled.
Related articles
Wednesday, May 11, 2011
Common Themes, The Green Mountain System & Newt Gingrich
Common themes of a single payer medical system are emerging. History can repeat itself. The announcement by Newt Gingrich to run for the presidency in 2012, and the anticipated signing of the Vermont Single Payer medical care legislation, may set the stage for "the perfect storm" to gather impetus for a system that brings workers' compensation care into a unified system.
As the Vermont legislation goes to Governor Peter Shumlin for signing in a couple of weeks, the eyes of the nation will switch focus to the debate in Washington and the presidential race of 2012. Congress and the new administration will be required to focus on the issue of waivers that will be effective in 2014.
Newt Gingrich had advocated in the past to move the cost occupational medical care onto the backs of employees. He would relieve employers from contributing to workers' compensation medical care and Medicare.
Workers' Compensation is a summary and remedial system that affords injured workers medical care to cure and relieve medical conditions that result from occupational exposures and accidents. In most instances employees find it necessary and prudent to retain the professional assistance of an attorney to assist them in obtaining medical treatment for work related accidents and occupational exposures.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.
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