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Showing posts sorted by date for query rico. Sort by relevance Show all posts

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

      (New York, N.Y.) The U.S. Environmental Protection Agency has reached an agreement with the Homeca Recycling Center Co, Inc. and Tallaboa Industrial Park, LLC to clean up asbestos that spread from a building in the Tallaboa Industrial Park during demolition to the nearby Jorge Lucas Perez Valdevieso School and a children’s Head Start facility. The building was being demolished as part of the redevelopment of the former Puerto Rico Olefins facility in Penuelas, Puerto Rico. Under the agreement, the companies will remove asbestos fibers and materials from the Jorge Lucas Pérez Valdivieso School and the Tallaboa Encarnacion Head Start facility with EPA oversight of the work.

      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...

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Saturday, April 5, 2014

EPA Takes Action to Protect Public from an Illegal Nano Silver Pesticide in Food Containers; Cites NJ Company for Selling Food Containers with an Unregistered Pesticide Warns Large Retailers Not to...

Today's post was shared by US EPA News and comes from yosemite.epa.gov

 The U.S. Environmental Protection Agency has issued an order to the Pathway Investment Corp. of Englewood, New Jersey to stop the sale of plastic food storage containers that have not been tested or registered with the EPA, in violation of federal pesticides law. The company’s Kinetic Go Green Premium Food Storage Containers and Kinetic Smartwist Series Containers both contain nano silver as an active ingredient, and the company markets other products as containing nano silver, which the company claims helps reduce the growth of mold, fungus and bacteria. Such claims can only be made on products that have been properly tested and are registered with the EPA.

“Claims that mold, fungus or bacteria are controlled or destroyed by a particular product must be backed up with testing so that consumers know that the products do what the labels say,” said EPA Regional Administrator Judith A. Enck. “Unless these products are registered with the EPA, consumers have no information about whether the claims are accurate. The EPA will continue to take action against companies making unverified public health claims.”

Some pesticides have been linked to various forms of illnesses in people, ranging from skin and eye irritation to cancer. Some pesticides may also affect the hormone or endocrine systems. In many situations, there are non-chemical methods that will effectively control pests.

Under federal pesticide...

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….
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). 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.

Related:
New York City workers have high pesticide exposure
Oct 04, 2013
The findings “underscore the importance of considering pest and pesticide burdens in cities when formulating pesticide use regulations,” the researchers from the city's Department of Health and Mental Hygiene wrote in the ...
http://workers-compensation.blogspot.com/

Intentional Tort Claim Against Employer Proceeds for Pesticide
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 ...
http://workers-compensation.blogspot.com/

Workers' Compensation: Highly hazardous pesticides should be ...
Aug 11, 2013
The tragic incident in Bihar, India, where 23 school children died after eating a school meal contaminated with monocrotophos, is an important reminder to speed up the withdrawal of highly hazardous pesticides from markets ...
http://workers-compensation.blogspot.com/

Saturday, November 9, 2013

ABA: Too few judges, lack of funding hurting federal courts

Today's post was shared by Legal Newsline and comes from legalnewsline.com

Goodlatte
Goodlatte

The American Bar Association, in a letter last week, says the combination of too few judges and insufficient funding is diminishing the ability of the federal courts to “serve the people and deliver timely justice.”
Thomas Susman, director of the ABA’s Governmental Affairs Office, sent a letter to U.S. Rep. Robert Goodlatte to be made part of the record in a hearing on the need for federal judgeships.
Goodlatte
Last week, Goodlatte, R-Va. and chairman of the House Judiciary Committee, held a hearing titled, “Are More Judges Always the Answer?”
Goodlatte contends President Barack Obama and Senate Democrats see the courts as an avenue to advance their agendas.
“When the Senate Majority Leader said, ‘We’re focusing very intently on the D.C. Circuit’ and ‘We need at least one more. There’s three vacancies. And that will switch the majority,’ he clearly wasn’t referring to the court’s needs,” he said during the Oct. 29 hearing.
But the ABA argues that when federal courts do not have sufficient judges to keep up with the workload, civil trial dockets end up taking a back seat to criminal dockets.
“As a result, persistent judge shortages increase the length of time that civil litigants and businesses wait for their day in court, create pressures that ‘robotize’ justice, and increase case backlogs that will perpetuate delays for years to...
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Wednesday, October 30, 2013

Stryker Corp. Settles FCPA Case, Pays $13 Million

Today's post was shared by FairWarning and comes from blogs.wsj.com

Stryker Corp. settled a long-running U.S. foreign bribery case, agreeing on Thursday to pay $13.3 million to the Securities and Exchange Commission to resolve the allegations — without admitting or denying them.
The Kalamazoo, Mich.-based medical device company first disclosed in 2007 that the SEC and the U.S. Justice Department had made inquiries regarding possible violations of the Foreign Corrupt Practices Act, which bars the use of bribes to foreign officials to get or keep business.
An SEC investigation found that Stryker’s subsidiaries in Argentina, Greece, Mexico, Poland and Romania made about $2.2 million in illicit payments, describing them in company books as legitimate expenses such as charitable donations, service contracts, travel expenses and commissions. The company made about $7.5 million in profit as a result of the payments, the SEC said.
“Stryker’s misconduct involved hundreds of improper payments over a number of years during which the company’s internal controls were fatally flawed,” said Andrew Calamari, director of the SEC’s New York office, in a statement.
Joe Cooper, the director of communications for Stryker, said in an email the company has enhanced its company-wide anti-corruption compliance program, and was advised that the Justice Department closed its investigation.
A Justice Department spokesman declined to comment.
The SEC issued an administrative order (pdf) against Stryker requiring the company to pay...
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Toyota settles acceleration lawsuit after $3-million verdict

Today's post was shared by FairWarning and comes from www.latimes.com


Toyota Motor Corp.'s first loss in a sudden acceleration case, in an Oklahoma courtroom this week, could embolden attorneys nationwide who are looking to bring hundreds of similar cases.
Worse for the Japanese automaker, the verdict centered on the company's electronics, which have been a focus for plaintiffs seeking to prove safety defects in the company's cars.
Toyota on Friday confirmed that it had reached a confidential settlement in the lawsuit, which involved the fatal 2007 crash of a Camry. The settlement came hours after a jury assessed $3 million in compensatory damages but before the panel could levy a punitive award.
The verdict could provide a road map for attorneys seeking to hold the automaker liable for injuries and deaths.
Toyota has denied any safety defects in its cars, arguing that many incidents of unintended acceleration stemmed from drivers who stepped on the gas instead of the brake. But plaintiffs in the Oklahoma case successfully argued that Toyota's electronic throttle system was flawed, causing the car to speed out of control.
The 2005 Camry crashed into an embankment, severely injuring the driver, 76-year-old Jean Bookout, and killing her passenger, Barbara Schwarz.
By striking a quick settlement, the company likely sought to avoid bad publicity and damage to its reputation, said Jill Wieber Lens, a product liability expert at Baylor University Law School in Waco, Texas.
The Oklahoma defeat could increase pressure on the automaker to come up...
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Tuesday, October 22, 2013

Kansas SC suspends former AG’s law license indefinitely | Legal Newsline

Today's post was shared by Legal Newsline and comes from legalnewsline.com

The Kansas Supreme Court has suspended former state Attorney General Phill Kline’s law license indefinitely.
The high court released its decision Friday.
Kline
“As fully detailed below, after reviewing each instance of misconduct found by the panel, we find clear and convincing evidence that Kline committed 11 (Kansas Rules of Professional Conduct) violations,” according to the court’s per curiam opinion.
“In assessing discipline, we have considered the facts and circumstances of each violation; the ethical duties violated by Kline to the public, the legal system, and the legal profession; the knowing nature of his misconduct; the injury that resulted from the misconduct; the existence of aggravating and mitigating factors; and the applicable advisory American Bar Association Standards for imposing discipline.
“Ultimately, after applying that framework, we reject the Disciplinary Administrator’s suggestion of disbarment and conclude Kline’s misconduct warrants indefinite suspension, the discipline recommended by the panel.”
In October 2011, a panel for the Kansas Board for Discipline of Attorneys recommended that Kline should have his state law license suspended indefinitely.
Kline served as the state’s top lawyer from 2003 to 2007, and as Johnson County District Attorney from 2007 to 2009.
The three-member panel pointed to Kline’s actions during investigations of abortion...
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Sunday, October 20, 2013

The Damage Done

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

The government is reopening, and we didn’t default on our debt. Happy days are here again, right?
Well, no. For one thing, Congress has only voted in a temporary fix, and we could find ourselves going through it all over again in a few months. You may say that Republicans would be crazy to provoke another confrontation. But they were crazy to provoke this one, so why assume that they’ve learned their lesson?
Beyond that, however, it’s important to recognize that the economic damage from obstruction and extortion didn’t start when the G.O.P. shut down the government. On the contrary, it has been an ongoing process, dating back to the Republican takeover of the House in 2010. And the damage is large: Unemployment in America would be far lower than it is if the House majority hadn’t done so much to undermine recovery.
A useful starting point for assessing the damage done is a widely cited report by the consulting firm Macroeconomic Advisers, which estimated that “crisis driven” fiscal policy — which has been the norm since 2010 — has subtracted about 1 percent off the U.S. growth rate for the past three years. This implies cumulative economic losses — the value of goods and services that America could and should have produced, but didn’t — of around $700 billion. The firm also estimated that unemployment is 1.4 percentage points higher than it would have been in the absence of political confrontation,...
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Thursday, October 10, 2013

ABA president, others express concern over shutdown’s effects on judiciary

Today's post was shared by Legal Newsline and comes from legalnewsline.com

Silkenat

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...
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Tuesday, October 8, 2013

Judge denies jury trial in Chevron RICO case

Today's post was shared by Legal Newsline and comes from legalnewsline.com


The federal judge overseeing a fraud lawsuit filed by Chevron Corp. has decided to deny the defendants in the case a jury trial.

The trial is set to begin Oct. 15.

Now, instead of pleading their case in front of a jury, New York attorney Steven Donziger and the Ecuadorians must do so before Judge Lewis Kaplan for the U.S. District Court for the Southern District of New York.

In his seven-page memorandum opinion Monday, Kaplan declined to order a jury trial in the case.
Last week, Chevron said it would drop money damages claims against Donziger if Kaplan tried the case. The oil giant already said it would drop money damages claims against the two Ecuadorians, Hugo Gerardo Camacho Naranjo and Javier Piaguaje Payaguaje.

Donziger and the Ecuadorians argued they are entitled to a jury as a matter of fairness.
“But that argument — even if it had merit, which it does not — is beside the point,” Kaplan wrote. “Insofar as is relevant to this case, the availability of trial by jury depends on one thing alone — whether the Seventh Amendment to the United States Constitution requires it.”

It does not, the judge said.

Kaplan explained that when a party — in this case, Chevron — withdraws its damages claims and pursues only equitable relief, a jury trial is no longer available and issues must be tried by the court.
“In such circumstances, trial by jury is available only if the parties and...
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Saturday, August 31, 2013

Second Circuit to consider petition to reassign federal judge in Chevron RICO case

Today's post was shared by Legal Newsline and comes from legalnewsline.com

Kaplan
Kaplan
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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Workers’ Compensation No Longer The Exclusive Remedy: RICO On The Radar

Today's post was shared by WCBlog and comes from www.insurancethoughtleadership.com


It appears that the exclusive remedy provision for workers' compensation will no longer serve to prevent costly civil litigation.

Workers' Compensation origins can be traced to the late Middle Ages and Renaissance times in the Unholy Trinity of Defenses, the doctrine that first outlined that work-related injuries were compensable. 

This doctrine began in Europe and made its way to America with the Industrial Revolution.  There were so many restrictions with it that changes occurred and led to the doctrine of Contributory Negligence which outlines that employers are not at fault for work-related injuries.

This principle was established in the United States with the case Martin vs. The U.S. Railroad. In this case, faulty equipment caused the injuries, but the employee did not receive compensation, as it was deemed that inspection of equipment was part of his job duties.

Additionally, the case Farnwell vs. The Boston Worchester Railroad Company led to the "Fellow Servant Rule" where employees did not receive compensation if their injuries were in any way related to negligence from a co-worker.

For a while, in the United States, we had the Assumption of Risk Doctrine that held employers were not liable for injuries because employees knew of job hazards when they signed their work contracts. By agreeing to work, they assumed all risks. These...
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….

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). 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.

Friday, August 23, 2013

National Census of Fatal Occupational Injuries In 2012 (Preliminary Injuries)

A preliminary total of 4,383 fatal work injuries were recorded in the United States in 2012, down from a revised count 
of 4,693 fatal work injuries in 2011, according to results from the Census of Fatal Occupational Injuries (CFOI) 
conducted by the U.S. Bureau of Labor Statistics. The 2012 total represents the second lowest preliminary total 
since CFOI was first conducted in 1992. The rate of fatal work injury for U.S. workers in 2012 was 
3.2 per 100,000 full-time equivalent (FTE) workers, down from a rate of 3.5 per 100,000 in 2011.

Over the last 5 years, net increases to the preliminary count have ranged from 84 in 2011 to 211 in 2009. 
The revised 2011 figure represented a 2 percent increase over the preliminary total, while the 2009 figure was 
a 5 percent increase. Revised 2012 data from CFOI will be released in the late Spring of 2014. 

Key preliminary findings of the 2012 Census of Fatal Occupational Injuries:

- Fatal work injuries in the private construction sector increased 5 percent to 775 in 2012 from 738 in 2011. 
 Total hours worked in the private construction industry increased one percent in 2012. The increase in fatal 
 occupational injuries in 2012 follows five consecutive years of declining fatal injury counts in the 
 construction sector. Fatal construction injuries are down 37 percent since 2006. 
- Since 2011, CFOI has identified whether fatally-injured workers were working as contractors at the time of 
 the fatal incident. In 2012, 708 decedents were identified as contractors, many of whom worked in construction 
 and transportation occupations.
- Fatal work injuries declined among non-Hispanic white workers (down 10 percent) and Hispanic or Latino workers 
 (down 5 percent) in 2012. Fatal work injuries were higher among non-Hispanic black or African-American workers 
 and non-Hispanic Asian workers.
- Fatal work injuries involving workers under 16 years of age nearly doubled, rising from 10 in 2011 to 
 19 in 2012—the highest total since 2005. Fatal work injuries in the other age groups declined in 2012. 
 Fatal work injuries among workers 55 years of age and older declined for the second straight year.
- Work-related suicides declined 10 percent from 2011 totals, but violence accounted for about 17 percent 
 of all fatal work injuries in 2012.
- Fatal work injuries in the private mining sector rose in 2012, led by an increase in fatal injuries to workers 
 in oil and gas extraction industries. Fatal work injuries in oil and gas extraction industries rose 23 percent 
 to 138 in 2012, reaching a new high for the series. 

Worker characteristics

The number of fatal work injuries involving non-Hispanic white workers declined 10 percent in 2012, but rose 
by 13 percent for non-Hispanic Asian workers. Despite the increase, Asian workers still recorded a lower rate of 
fatal injury than the rate for workers overall (1.8 per 100,000 FTE workers for non-Hispanic Asians versus 
3.2 per 100,000 FTE workers for workers overall).

Fatal work injuries among Hispanic or Latino workers dropped to 708 in 2012 from 749 in 2011, a decrease of 5 percent. 
Of the 708 fatal work injuries incurred by Hispanic or Latino workers, 454 (or 64 percent) involved foreign-born 
workers. Overall, there were 777 fatal work injuries involving foreign-born workers in 2012, of which the 
greatest share (299 or 38 percent) were born in Mexico.

Fatal work injuries increased for workers under 16 years of age, rising to 19 in 2012 from 10 in 2011, reaching 
its highest level since 2005. Fourteen of these young decedents were employed as agricultural workers. Fatal work 
injuries involving men fell from 4,308 in 2011 to 4,045 in 2012—the lowest total since the inception of the 
fatality census in 1992.

Fatal injuries to both wage and salary workers and self-employed workers declined in 2012.

For more detailed information on fatal injuries by worker characteristics, see the 2012 tables 
at www.bls.gov/iif/oshcfoi1.htm.

Type of incident

Transportation incidents accounted for more than 2 out of every 5 fatal work injuries in 2012. (See chart 1.) 
Of the 1,789 transportation-related fatal injuries, about 58 percent (1,044 cases) were roadway incidents involving 
motorized land vehicles. Nonroadway incidents, such as a tractor overturn in a farm field, accounted for another 
13 percent of the transportation-related fatal injuries. About 16 percent of fatal transportation incidents in 2012 
involved pedestrians who were struck by vehicles. Of the 283 fatal work injuries involving pedestrians struck 
by vehicles, 65 occurred in work zones. (Note that transportation counts presented in this release are expected 
to rise when updated 2012 data are released in Spring 2014 because key source documentation detailing specific 
transportation-related incidents has not yet been received.)

Fatal work injuries among those fatally injured in aircraft incidents in 2012 declined by 14 percent from 2011, 
accounting for 125 fatalities or about 7 percent of the transportation total.

Overall, 767 workers were killed as a result of violence and other injuries by persons or animals, including 
463 homicides and 225 suicides. The work-related suicide total for 2012 declined 10 percent from the 2011 total 
and the homicide total was also slightly lower. Shootings were the most frequent manner of death in both 
homicides (81 percent) and suicides (48 percent). Of the 338 fatal work injuries involving female workers, 
29 percent involved homicides.

Fatal falls, slips, or trips took the lives of 668 workers in 2012, down slightly from 2011. Falls to a lower level 
accounted for 544 or about 81 percent of those fatalities. In 2012, the height of the fall was reported in 437 of the 
fatal falls to a lower level. Of those cases, about one in four occurred after a fall of 10 feet or less. Another 
one-fourth of the fatal fall cases occurred from falls of over 30 feet.

While the total number of fatal work injuries involving contact with objects and equipment in 2012 remained about 
the same as in 2011, the number of workers fatally injured after being struck by objects or equipment increased by 
7 percent (to 509 fatal work injuries in 2012 from 476 in 2011). This total includes 233 workers struck by 
falling objects or equipment and 199 struck by powered vehicles or mobile equipment not in normal operation.

There were 142 multiple-fatality incidents in 2012 (incidents in which more than one worker was killed) 
in which 341 workers died.

For more detailed information on fatal injuries by incident, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Industry

In the private sector, there were 3,945 fatal work injuries in 2012, down 6 percent to a new series low. Both 
goods-producing industries and service-providing industries showed declines.

Among goods-producing sectors, the number of fatal work injuries in the private construction sector increased 
5 percent in 2012. Total hours worked were higher by one percent in 2012. The increase in 2012 was the first 
in construction fatalities since 2006. Construction fatalities are down 37 percent over that time. Construction 
accounted for the highest number of fatal work injuries of any industry sector in 2012. (See chart 2.)

Fatal work injuries in the private mining sector increased 14 percent to 177 in 2012 from 155 in 2011—the highest 
level since 2007. The number of fatal work injury cases in oil and gas extraction industries rose to 138 in 2012 
from 112 in 2011; the 2012 figure represents a series high. Fatal work injuries in coal mining increased slightly, 
and fatal work injuries in support activities for mining increased 9 percent. CFOI has used the North American 
Industry Classification System (NAICS) to define industry since 2003, and data on oil and gas extraction industries 
in CFOI comprise NAICS 21111 Oil and gas extraction, NAICS 213111 Drilling oil and gas wells, and 
NAICS 213112 Support activities for oil and gas operations.

Agriculture, forestry, fishing and hunting fatalities decreased 16 percent to 475 in 2012 from 566 in 2011. 
This follows a 9 percent drop in agriculture fatalities in 2011. Fatal injuries in the crop production, 
animal production, forestry and logging, and fishing sectors were all lower in 2012. Despite the declines in 
fatal work injuries in this sector over the last two years, agriculture recorded the highest fatal injury rate 
of any industry sector at 21.2 fatal injuries per 100,000 FTE workers in 2012.

Among service-providing industries in the private sector, fatal work injuries in transportation and warehousing 
accounted for 677 fatal work injuries in 2012, a decrease of 10 percent over the revised 2011 count (749 fatalities). 
The number of fatal injuries in truck transportation, the largest subsector within transportation and warehousing 
in terms of employment, decreased 6 percent in 2012. (As noted, transportation counts presented in this release 
are expected to rise when updated 2012 data are released in Spring 2014.) Among other transportation subsectors, 
fatal work injuries in air transportation were slightly higher, but fatalities in water and rail transportation 
were lower in 2012.

Fatal work injuries in the financial activities sector declined 17 percent in 2012 to 81. The professional and 
business services sector also reported lower numbers of fatal injuries in 2012, down 10 percent from 2011.

Fatal occupational injuries among government workers decreased 13 percent from 2011 to 438 fatal work injuries, 
the lowest fatal work injury total since the start of the fatality census. Both state government and 
local government showed declines (19 percent and 16 percent, respectively), though fatal injuries among 
federal government workers remained about the same.

For more detailed information on fatal injuries by industry, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Occupation

Fatal work injuries in construction and extraction occupations rose for the second year in a row to 838—a 5 percent 
increase from 2011. Hours worked increased one percent in this occupation group during that period. Fatal injuries 
among construction trades workers rose in 2012 to 577 after 5 years of decline. This marked an 8 percent increase 
over the series low of 533 in 2011, but a 41 percent drop from the high of 977 reported in 2006. Fatal work injuries 
to construction laborers, the subgroup in this category with the highest number of fatalities, increased 10 percent 
to 210 in 2012, following a series low of 191 in 2011. Fatal injuries to roofers, another subgroup within 
construction trades workers, rose to 70 in 2012, a 17 percent rise from 2011 marking the highest count in 5 years.
 
Fatal work injuries in transportation and material moving occupations were down 7 percent to 1,150 in 2012. 
Fatal work injuries in this occupational group accounted for about one quarter of all fatal occupational injuries. 
Drivers/sales workers and truck drivers was the subgroup within transportation and material moving occupations with 
the highest number of fatal injuries. Dropping 4 percent, this subgroup recorded 741 fatalities in 2012. Fatal 
injuries to taxi drivers and chauffeurs were down 28 percent to a series low of 46. (As noted, transportation and 
material moving counts presented in this release are expected to rise when updated 2012 data are released 
in Spring 2014.)

The number of fatal work injuries among protective service occupations decreased 21 percent in 2012 
to 224 fatalities–reaching the lowest count since the occupational series began in 2003. The decline was led 
by lower numbers of fatal injuries to police and sheriff’s patrol officers, which dropped 20 percent to 104 in 2012 
to continue a two-year downward trend. Fatal injuries to both security guards and firefighters reached series lows 
with 48 and 17 fatalities, respectively.

Fatal work injuries to workers in management occupations declined 8 percent to 429 in 2012—the lowest level 
in the series. This decrease was driven primarily by the 19 percent decline in fatal injuries to farmers, ranchers, 
and other agricultural managers from 268 in 2011 to 216 in 2012.

Fatalities among farming, fishing, and forestry occupations declined 6 percent to 245 in 2012. This was led by the 
24 percent drop in fatalities to fishers and related fishing workers from 42 in 2011 to a series low of 32 in 2012. 
Fatal injuries to logging workers have remained somewhat level for the last three years, decreasing slightly 
to 62 in 2012.

Fatal injuries to resident military personnel reached a series low in 2012, dropping 25 percent from 
57 fatalities in 2011 to 43.

For more detailed information on fatal injuries by occupation, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Contract workers

In addition to identifying the industry in which a decedent was employed, CFOI began in 2011 to identify whether 
a worker was a contractor. A contractor is defined as a worker employed by one firm but working at the behest of 
another firm that exercises overall responsibility for the operations at the site where the decedent was 
fatally injured. This information helps to identify the location and type of work being performed when 
the fatal work injury occurred.

In 2012, the number of fatal occupational injuries incurred by contractors was 708, or 16 percent of all 
fatal injuries, compared to 542 reported in 2011. Falls to a lower level accounted for 30 percent of contractor 
deaths while struck by object or equipment (18 percent) and pedestrian vehicular (11 percent) incidents also were 
frequent events among contractors.

Fatally-injured contractors were most often contracted by a government entity (151 or 21 percent of all contractors) 
and by firms in the private construction (133 or 19 percent); mining, quarrying, and oil and gas extraction 
(68 or 10 percent); and manufacturing (67 or 9 percent) industry sectors.

The majority of contractors (381 or 54 percent) were working in construction and extraction occupations when fatally 
injured. Decedents in this occupation group were most often employed as construction laborers (101), first-line 
supervisors of construction trades and extraction workers (42), electricians (39), and roofers (32). Among contractors 
who were employed outside the construction and extraction occupations group, the largest number of fatal occupational 
injuries was incurred by heavy and tractor-trailer truck drivers (50); tree trimmers and pruners (16); 
security guards (15); landscaping and groundskeeping workers (14); welders, cutters, solderers, and brazers (14); 
and athletes and sports competitors (13).

For more detailed information on fatal injuries incurred by contract workers, see the 2012 charts 
at www.bls.gov/iif/oshcfoi1.htm.

State and metropolitan statistical area (MSA)

Sixteen states and the District of Columbia reported higher numbers of fatal work injuries in 2012 than in 2011, 
while 32 states reported lower numbers. Two states reported the same number as in 2011. For more detailed state 
results, contact the individual state agency responsible for the collection of CFOI data in that state. Although 
data for Puerto Rico, the U.S. Virgin Islands, and Guam are not included in the national totals for this release, 
results for these jurisdictions are available. Participating agencies and their telephone numbers are listed 
in Table 6.

Counts for over 300 MSAs are also available for 2012 from CFOI and detailed data are available for more than 50 MSAs. 
The MSAs with the most fatal occupational injuries in 2012 were New York-Northern New Jersey-Long Island (NY-NJ-PA) 
with 178, Houston-Sugar Land-Baytown (TX) with 90, Chicago-Joliet-Naperville (IL-IN-WI) with 81, and Los Angeles-Long 
Beach-Santa Ana (CA) with 81.

For more detailed information on fatal injuries by state and MSA, see the 2012 tables at www.bls.gov/iif/oshcfoi1.htm.

Background of the program

The Census of Fatal Occupational Injuries (CFOI), part of the BLS Occupational Safety and Health Statistics (OSHS) 
program, compiles a count of all fatal work injuries occurring in the U.S. during the calendar year. The CFOI program 
uses diverse state, federal, and independent data sources to identify, verify, and describe fatal work injuries. 
This assures counts are as complete and accurate as possible. For the 2012 data, over 19,000 unique source documents 
were reviewed as part of the data collection process.

The Survey of Occupational Injuries and Illnesses (SOII), another component of the OSHS program, presents frequency 
counts and incidence rates by industry and also by detailed case circumstances and worker characteristics for 
nonfatal workplace injuries and illnesses for cases that result in days away from work. Incidence rates for 2012 
by industry and case type will be published in October 2013, and information on 2012 case circumstances and worker 
characteristics will be available in November 2013. For additional data, access the 
BLS Internet site: www.bls.gov/iif/. For technical information and definitions for the CFOI program, 
please go to the BLS Handbook of Methods on the BLS website at www.bls.gov/opub/hom/pdf/homch9.pdf.


….
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). 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.
Read more about the "national census" and workers' compensation.

Mar 17, 2011
US Lacks a Census of Occupational Illness and Disease. In a series of articles, Celeste Monforton discusses the absence in the U.S. of a comprehensive system for surveillance of occupational illnesses sand disease.

Tuesday, January 1, 2013

Workers’ Compensation 2013 – What Happens on the Other Side of The Fiscal Cliff?

The fiscal reality is that workers’ compensation is in greater jeopardy than ever before as the debate in Washington is not about the deficit at all. The debate is about government spending which includes health care.

Overall health care devours 18 percent of the US economy and amounts to 25% of the Federal budget.

Medical treatment for injured workers continues to be delayed, denied and limited under current workers’ compensation programs. Medical costs continue to be shifted to other programs including employer based medical care systems and the Federal safety net of Medicare, Medicaid, Veterans Administration and Tricare.

While a trend continues to emerge to offer “Opt Out” and “Carve Out Programs,” they are not global enough to solve the critical budget deficit issues. The latest emerging trend is for employers to utilize ERISA based medical care plans to efficiently delivery medical care. In NJ a limited alternate dispute-resolution procedure between unions and employers has been introduced. See “NJ Care Outs –Another Evolutionary Step” authored by David DePaolo.

The US economy continues to be very weak. This in an ominous signal for the nation’s workers’ compensation program which is starved for premium dollars. Premiums are based upon salaries and real median incomes continued their dramatic decline over the last decade from $54,841 in 2000 to $50,054 in 2011. There just may not be enough dollars available in the workers’ compensation programs to pay for present and lifetime medical care.

Even the present Federal system leaves much to be desired. Whether Federal rationing medical care becomes a reality is unknown. Physicians are under economic scrutiny as the “Doc Fix” to limit provider fees continues as a cloud over all medical programs. The agreement reached by Congress still does not resolve the 26.5% percent cut reimbursement cut to physicians who treat Medicare patients. The law merely "freezes" payment to physicians.

Workers’ compensation programs presently structured provide no real economic incentive to monitor and compensate for more favorable medical outcomes. On the other hand, the Federal government, with broad and sweeping regulatory ability, is able to continue to make strides in many areas including present incentives to hospitals and proposed incentives to physicians to provide medical treatment with fewer complications and ultimate better outcomes


Steven Ratner in the NY Times points out the dramatic increase in the nation’s health care costs. He wrote, “…no budget-busting factor looms larger than the soaring cost of government-financed health care, particularly Medicare and Medicaid.”



Solving the economic gridlock of the country will require an approach to re-invent a medical program for injured workers. A global single-payer program under Federal control will eliminate duplicative administrative State and private efforts. The Federal government has the clout to provide efficient enforcement and co-ordination.

Now that we are on the other side of the fiscal cliff, the opportunity to be creative is possible. The US needs to transition to a single-payer health care system subsuming a medical care program for injured and ill workers who suffer both traumatic and occupational conditions.

Read more about the "single-Payer System" and workers' compensation

Workers' Compensation: A Single Payer System Will Solve the ...
Nov 29, 2012
The question is whether the nation will recognize that the US needs tol take the bold step previously taken by the European Community, finally adopt a single payer medical care program. The perpetual cost generator that ...
http://workers-compensation.blogspot.com/

NJ Urged to Adopt Single Payer System for Workmens Comp
Jun 06, 2011
NJ Urged to Adopt Single Payer System for Workmens Comp. A coalition that has been formed in NJ is urging that the Garden State follow the lead of Vermont and establish a single-payer system. Single-payer movements ...
http://workers-compensation.blogspot.com/

Vermont Single Payer System Called the Dawn of A New Era
Apr 03, 2011
The proposed state based Vermont Single-Payer health care system, that would embrace workers' compensation medical care, is gaining momentum. A recent article in the New England Journal of Medicine, citing increased ...
http://workers-compensation.blogspot.com/

RICO Issues Can Be Cured With A Single Payer Medical System
Mar 22, 2011
Vermont's proposed single payer system would seperate medical care from indemnity. Vermont's single proposed single-payer system would likely also provide a primary care doctor to every resident of Vermont. This would ...
http://workers-compensation.blogspot.com/
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