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

Friday, May 29, 2009

Opposition Mounts to a National Study Commission

Special interest groups are mounting opposition to the formation of a national study commission on workers' compensation. The PIA (The National Association of Professional Insurance Agents).

“This is a typical Washington D.C. approach: appoint a commission, give it a big budget and create a big new bureaucracy,” said PIA National Government Affairs Committee Chairman Johnny Lee. “The fact is, none of this is necessary. Workers’ compensation programs are regulated by the states, not the federal government. The federal government should not seek to interfere in a state-based and state-regulated system. This is a waste of time and taxpayers dollars.”

Monday, June 17, 2013

Proposed Medicare Payment Reductions Will Impact Workers' Compensation Costs

A government Medicare advisory panel reported on Friday that sweeping changes should be implemented to reduce increasing medical costs, including higher costs associated with hospital purchased physician practices. The impact of those proposed adjustments will significantly impact the national workers' compensation systems because of both direct and indirect links between the two programs, including medical fee schedules, and Medicare Secondary Payment reimbursements.


The Medicare Payment Advisory Commission (MedPAC)  releases its June 2013 Report to the Congress: 
Medicare and the Health Care Delivery System.

According to Commission Chair Glenn Hackbarth, “This report can inform a dialogue about future 
directions for the Medicare program, as well as about technical refinements to existing Medicare 
payment policy. Whether broad or narrow, the Commission’s work aims to balance the interests of 
Medicare beneficiaries, health care providers, and tax payers.”

Redesigning the Medicare benefit. In the report, the Commission continues its discussion of 
possible ways to redesign the Medicare benefit by focusing on the concept we refer to as competitively
determined plan contributions (CPC). Under CPC, Medicare beneficiaries could receive care through
either a private plan or traditional fee-for-service (FFS), but the premium paid by the beneficiary might
vary depending on the coverage option they choose. How much the federal government pays for a 
beneficiary’s care would be determined through a competitive process comparing the costs of available 
options for coverage. The report identifies key issues to be addressed if the Congress wishes to pursue a 
policy option like CPC. These include how benefits could be standardized for comparability, how to 
calculate the Medicare contribution, the role FFS, and the structure of subsidies for low-income 
beneficiaries.

Reducing Medicare payment differences across sites of care. Medicare’s payment rates often 
vary for similar services provided to similar patients, simply because they are provided in different sites of 
care. For example, Medicare pays 141 percent more for one type of echocardiogram when done in a
hospital outpatient department than when it is done in a freestanding physician’s office. If Medicare pays a 
higher rate for a service in one setting over another, program spending increases and beneficiaries pay 
more in cost sharing without a corresponding increase in quality of care. 

The Commission previously recommended reducing the rate Medicare pays for basic office visits from the 
payment rate in the outpatient setting to the physician office rate. Using similar criteria, this report identifies
additional services that may be eligible for equalizing or narrowing payment differences across settings. 
Bundling post-acute care services. Each year, about one-quarter of Medicare beneficiaries receive 
care following a hospitalization from a post-acute care provider, such as a skilled nursing facility, home 
health agency, or inpatient rehabilitation facility. However, nationwide the use of these services varies 
widely, for reasons not explained by differences in beneficiaries’ health status. Under traditional 
Medicare, the program pays widely varying rates for different settings and—characteristic of FFS—pays 
based on the volume of care provided, without regard to quality or resource use. 

Medicare has begun to explore the possibility of bundling services as a way to encourage providers to 
coordinate and furnish needed care more efficiently. In this report, the Commission explores the 
implications for quality and program spending for different design features of the bundles, such as the 
services included, the length of time covered by the bundle, and the method of payment.

Reducing hospital readmissions. In 2008, the Commission recommended a hospital readmissions 
reduction program to improve patient experience and reduce Medicare spending. In 2012, Medicare 
began such a program, penalizing hospitals that have high rates of Medicare beneficiaries being 
readmitted to the hospital within 30 days of discharge. The readmission penalty has given hospitals a 
strong incentive to improve care coordination across providers, and for that reason Medicare should 
continue to implement the policy. In this report, the Commission suggests further refinements to 
improve incentives for hospitals and generate program savings through reduced readmissions rather than 
higher penalties. 

Payments for hospice services. The Medicare hospice benefit provides beneficiaries an important 
option for end-of-life care. At the same time, the Commission has identified several problems in the way 
Medicare pays for hospices that may lead to inappropriate use of the benefit. The report presents 
information on the prevalence of long-stay patients and the use of hospice services among nursing home 
patients—both of which may inform policy development in the hospice payment system in the future. It 
also presents further evidence to support the Commission’s March 2009 recommendations to revise the 
hospice payment system.

Improving care for dual-eligible beneficiaries. Beneficiaries eligible for both Medicare and 
Medicaid—many of whom have complex medical and social needs—often have trouble accessing 
services and receive little care coordination, resulting in poorer health outcomes and higher spending 
relative to other beneficiaries. Programs that coordinate dual-eligible beneficiaries’ Medicare and 
Medicaid benefits have the potential to improve care for this population. In the report, the Commission 
notes that federally qualified health centers and community health centers may be uniquely positioned to 
coordinate care for dual-eligible beneficiaries because they provide primary care, behavioral health
services, and care management services, often at the same clinic site.

Mandated reports. The report includes three chapters that fulfill Congressional mandates: one on 
Medicare ambulance add-on payments, a second on geographic adjustment of fee schedule payments for 
the work effort of physicians and other health professionals, and a third on Medicare payment for 
outpatient therapy services. In each case, the Commission considers the existing policies—which are not 
permanent statutory provisions—and examines the effect of their continuation or termination on 
program spending, beneficiaries’ access to care, and the quality of care beneficiaries receive, as well as 
their potential to advance payment reform. 

The three congressionally mandated reports are described in further detail in separate fact sheets, posted 
on MedPAC’s website. The full report can be downloaded from MedPAC’s website:
http://medpac.gov/documents/Jun13_EntireReport.pdf

Read more about Medicare and Workers' Compensation
May 18, 2013
A NJ Superior Court deemed a proposed Medicare Set-Aside Agreement to be satisfactory to protect Medicare's interests and granted a Motion to Enforce a Pending Settlement. This action by the Court was taken after CMS ...
Mar 29, 2013
A new Workers' Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide has been posted and is available to be downloaded on the CMS (Centers for Medicare & Medicad Services) website.
Jan 11, 2013
"The legislation changes the way Medicare collects money from people whose negligence caused a patient to incur medical bills. Murphy said the new law will streamline an outdated process, making it easier to close cases ...

Saturday, September 6, 2014

NH Governor Hassan Creates Workers’ Compensation Commission for Reform

In order to help reduce workers’ compensation costs that are a burden on New Hampshire businesses and ensure that injured workers have access to high-quality care, Governor Maggie Hassan today issued an Executive Order creating the Commission to Recommend Reforms to Reduce Workers’ Compensation Medical Costs.

“Employers and workers have done their part to increase workplace safety, but New Hampshire has become one of the most expensive states in the nation for workers’ compensation, a burden on businesses across the state,” Governor Hassan said. “By bringing together business leaders and experts from insurance, health care and labor, the Commission to Recommend Reforms to Reduce Workers’ Compensation Medical Costs provides an opportunity for stakeholders to identify ways to reduce workers’ compensation medical costs and ensure that injured workers have access to quality care. With these reforms, our businesses will be able to re-invest these dollars in growing their companies, creating new jobs and keeping our economy moving in the right direction.”

Tasked with making recommendations to reform New Hampshire’s workers’ compensation system, the commission will review the data behind New Hampshire’s high workers’ compensation costs; analyze efforts by other states to successfully reduce workers’ compensation costs; review how other states ensure continued access to quality care for injured workers; and develop comprehensive reforms that will reduce costs and premiums and improve New Hampshire’s workers’ compensation system while ensuring that injured workers have access to quality care.

According to the Oregon Workers Compensation Rate Ranking Study, New Hampshire rose from the 14th-most expensive state for workers’ compensation coverage in the country in 2008 to the ninth-most expensive in 2012. In addition, data from the National Council on Compensation Insurance shows that workers’ compensation surgical procedures in New Hampshire are 83 percent more expensive than those in the region and more than twice as expensive as they are nationally. For more information on New Hampshire’s workers’ compensation costs, visit www.nh.gov/insurance/media/pr/2014/documents/052214.pdf .

“New Hampshire is among the most expensive states for workers’ compensation, an unnecessary disadvantage for businesses that operate here,” said New Hampshire Insurance Department Commissioner Roger Sevigny. “I look forward to working with the commission to improve our workers’ compensation system by making recommendations to reduce costs and premiums while ensuring that workers have access to quality care.”

Commissioner Sevigny will be the chairman of the Commission to Recommend Reforms to Reduce Workers’ Compensation Medical Costs. He will be joined on the commission by New Hampshire Department of Labor Commissioner Jim Craig or a designee from the department, as well as a diverse group of experts representing workers, employers, insurance professionals and the health care sector.

The Commission’s final report is due to the Governor on December 1, 2014.

Other members of the commission are:
Brian Allen, Vice President of Government Affairs at HELIOS (formerly Progressive Medical/PMSI)
Donald F. Baldini, AVP and State Affairs Officer at Liberty Mutual Insurance
Pamela Bronson, Administrator at Access Sports Medicine & Orthopedics
Paul W. Chant of Cooper Cargill Chant
Tammy Denver, Director of Claims & Coverage Programs at NH Public Risk Management Exchange (Primex3)
Edward Dudley, Executive Vice President/CFO of Catholic Medical Center
Mark Erdody, Director of New England Claims for Cove Risk Services, LLC
Marc Lacroix, New Hampshire Physical Therapy Association and Director of Specialty Services at Concord Hospital
David Lang, President of Professional Firefighters of NH
Mark Mackenzie, President of NH AFL-CIO
Peter McNamara, President of NH Automobile Dealers Association
Dr. Gregory Soghikian of New Hampshire Orthopaedic Center
Ben Wilcox, President & General Manager of Cranmore Mountain Resort

Full text of the Governor’s Executive Order

Wednesday, January 22, 2020

NJ Benefits to Increase for Certain Injuries and a Study Commission Will Review System Going Forward

NJ Governor Murphy has signed legislation to increase certain workers' compensation benefits and also require the appointment of a study commission to review and recommend changes to the State's workers' compensation system going forward.

Wednesday, October 29, 2014

New Testing Reveals Hidden Dangerous Chemicals in Popular Halloween Costumes and "Trick or Treat" Bags

Study Finds Costumes and Party Supplies Sold by Top Retailers Contain Hazardous Additives

(Ann Arbor, MI) -- A study released today by the Ecology Center's HealthyStuff.org project has found elevated levels of toxic chemicals in popular Halloween costumes, accessories and party supplies. The nonprofit Ecology Center tested 106 Halloween products for substances linked to asthma, birth defects, learning disabilities, reproductive problems, liver toxicity and cancer. The products were purchased from top national retailers including CVS, Kroger, Party City, Target, Walmart, and Walgreens.
Media Resources:
"We found that seasonal products, like thousands of other products we have tested, are full of dangerous chemicals," said Jeff Gearhart, HealthyStuff.org research director. "Poorly regulated toxic chemicals consistently show up in seasonal products. Hazardous chemicals in consumer products pose unnecessary and avoidable health hazards to children, consumers, communities, workers and our environment."
HealthyStuff.org tested Halloween products for chemicals based on their toxicity or tendency to build up in people and the environment. These chemicals include lead, bromine (brominated flame retardants), chlorine (vinyl/PVC plastic), phthalates, arsenic, and tin (organotins).
Some products contained multiple chemical hazards, including a Toddler Batman Muscle Costume whose belt contained 29% regulated phthalates, 340 ppm tin, and lead in the lining of the mask at 120 ppm. Overall, 39% of the vinyl products contained tin at levels suggesting organotin stabilizers, which are endocrine disruptors and can damage the developing brain and immune system.
“As a mom, I was disturbed to learn that some products children will be using for Halloween tested positive for toxic chemicals,” said Senator Kirsten Gillibrand (New York). “Testing of these products is a step in the right direction, but much more needs to be done to better inform consumers so that we are keeping our families safe. I will continue to advocate for legislation in Congress to ensure that my sons and millions of other children are not exposed to toxic chemicals.”
Exposure to toxic chemicals is cumulative and comes from many sources, including diet, air, dust and direct contact with products. Moreover, chemicals being released from products throughout their life cycle are increasingly being recognized as important sources of exposure. In conjunction with the release, advocates with the Mind the Store campaign launched a new national online petition to major retailers calling on them to eliminate these hazardous chemicals in consumer products such as Halloween costumes and accessories.
"Our nation's biggest retailers have a responsibility to their customers to sell safe products, especially when it comes to our children," said Mike Schade, Mind the Store Campaign Director for Safer Chemicals, Healthy Families. "Their considerable market share gives them the power and the responsibility to demand safer chemicals and products from their suppliers. This new testing underscores the need for big retailers to ensure products on their shelves, such as Halloween costumes, don't contain toxic chemicals."
The Mind the Store Campaign, coordinated by Safer Chemicals, Healthy Families, is challenging the nation's top ten US retailers to get tough on toxic chemicals. Chemicals highlighted in the new HealthyStuff.org Halloween study are on the Hazardous 100+ list of dangerous chemicals, which advocates have been calling for retailers to disclose, eliminate, and safely substitute. Over the past year, both Walmart and Target have made strides in launching new initiatives to disclose and limit the use of certain toxic chemicals.
The results of this study are available on the easy-to-use consumer website - www.HealthyStuff.org and build on recent HealthyStuff studies on back-to-school products, summer seasonal and beach products and university-themed products. The majority of these seasonal or specialty products contain one or more toxic chemicals. Due to the fact that many consumer products are largely unregulated, the items tested sometimes have levels of toxic chemicals that exceed the regulated levels set for children's products and toys.
In addition to finding many products with chemical hazards, HealthyStuff.org test data shows that many Halloween products do not contain dangerous substances, proving that safer products can be made. For example, the results show shifts in some products away from hazardous phthalate plasticizers to less hazardous non-phthalate plasticizers. The represents a market shift in the face of growing consumer and regulatory pressure.
Highlights of findings from HealthyStuff.org's Halloween product study:
  • Thirty-three of the 106 tested Halloween products contained polyvinyl chloride (vinyl or PVC) components.
  • Seventeen of the vinyl products were tested for phthalate plasticizers. Of these, two items contained phthalates that were recently banned by the Consumer Product Safety Commission in children's products. One of these was a Toddler Batman Muscle Costume purchased at Walmart. In the costume's yellow belt, HealthyStuff.org measured 29% regulated phthalates (290,000 ppm) and 340 ppm tin. Lead was detected in the mask inner lining at 120 ppm. Overall, five percent of all products were measured to have lead exceeding 100 ppm.
  • The study also documented an ongoing shift away from phthalate plasticizers in flexible vinyl products. Tests showed that fifteen of the vinyl items tested were plasticized with the less toxic chemical DOTP.
  • Ten percent of the products contained levels of bromine consistent with brominated flame retardants. Two Disney-themed Trick-or-Treat bags purchased at Kroger, for example, contained 28,000 ppm and 6,000 ppm bromine, respectively. Halloween light sets purchased at Walgreen's and CVS contained similarly high amounts of bromine.
  • Many of the products with brominated flame retardants also contained high levels of antimony, suggesting an antimony-based flame retardant was used in addition to the brominated chemicals.
  • Thirty-nine percent of the vinyl products, ranging from dress-up shoes to a skeleton "light stick," contained tin at levels suggesting organotin stabilizers. Vinyl products were twice as likely to contain tin as non-vinyl materials. Some forms of organotins are endocrine disruptors; other forms can impact the developing brain and damage the immune system.
To analyze the Halloween products, researchers used a High Definition X-Ray Fluorescence (XRF) analyzer, Infrared Spectroscopy and laboratory testing. XRF is an accurate device that has been used by the Environmental Protection Agency to screen packaging, the Food & Drug Administration to screen food, and many State and County Health Departments to screen for residential lead paint. Additional samples were analyzed by laboratories using EPA test methods.
Complete product sample data, photos of products tested, and more information about what consumers can do is available now at www.HealthyStuff.org.
Non-Toxic Halloween Tips
  1. Contact your favorite retailer and ask them to sell non-toxic supplies.
  2. Avoid vinyl products: select cloth and natural materials for costumes and decorations.
  3. Make up and masks: Use paint and pencils made from clay or other natural ingredients, or make your own.
  4. Trick or Treating: use old pillowcases or reusable shopping bags
  5. Pumpkins: Roast and eat the seeds and compost the pumpkin when you're done.
  6. Decorations: Avoid plastics and instead use paper, cardboard, leaves or other natural and recyclable materials for your decorations.
More detailed tips available at HealthyStuff.org.

Tuesday, June 23, 2015

Workers' Exposure to Low Dose Radiation Linked to Leukemia and Lymphoma

Workers exposed to low doses of radiation have been reported to experience an increased risk to Leukemia and Lymphoma.

A study published in The Lancet reports strong evidence of positive associations between protracted low-dose radiation exposure and leukemia.

Evidence before this study:
Ionising radiation causes leukaemia. The primary quantitative basis for radiation protection standards comes from studies of populations exposed to acute, high doses of ionising radiation. Although previous studies of nuclear workers addressed leukaemia radiogenicity, questions remain about the size of the risk from protracted radiation exposure in occupational settings.



Added value of this study:
We report a positive dose–response relationship between cumulative, external, protracted, low-dose exposure to ionising radiation, and subsequent death caused by leukeamia (excluding chronic lymphocytic leukaemia). The risk coefficient per unit dose was consistent with those derived from analyses of other populations exposed to higher radiation doses and dose rates.

Implications of all the available evidence:
The present study provides strong evidence of a positive association between radiation exposure and leukaemia even for low-dose exposure. This finding shows the importance of adherence to the basic principles of radiation protection—to optimise protection to reduce exposures as much as reasonably achievable and—in the case of patient exposure—to justify that the exposure does more good than harm.

Wednesday, September 4, 2013

UConn Health Center Study: Conn. Occupational Illnesses Above National Average

Occupational injuries remain compensable conditions. Most occupational conditions remain unreported and undiagnosed. Today's post was shared by WCBlog and comes from mansfield.patch.com


There were 7,265 unique cases of occupational illnesses reported to either the Workers’ Compensation Commission or the Department of Public Health in 2011 based on a study by the UConn Health Center prepared for the Connecticut Workers’ Compensation Commission. This is in addition to cases of traumatic occupational injury reported by the Connecticut Labor Department in its annual survey.

The overall 2011 rate of occupational illness in Connecticut is 27.8 illnesses per 10,000 workers, 35 percent higher than the national average, based on the standardized survey compiled by the Connecticut Labor Department. Both numbers of illnesses and rates of illnesses increased over 2010 for all three data sources for the report, although one of those sources was incomplete for the earlier year.

Occupational Disease in Connecticut, prepared for the Connecticut Workers’ Compensation Commission by occupational and environmental expert Tim Morse of the Health Center, reviewed information for the 2011 reporting year from three sources: the State Labor Department/Bureau of Labor Statistics (BLS) survey; the  Reports of First Injury to the Connecticut Workers Compensation Commission; and the  physicians reports to the Connecticut Department of Public Health under the Occupational Illnesses...
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Wednesday, February 2, 2011

California Report Makes Recommendations To Curtail Lien Claimants

A California workers' compensation report has made sweeping recommendations to reduce and manage the filling of liens in pending cases. One recommendation is to charge a $100 filing fee to be paid by a lien claimant.

The California workers compensation court has become a collection agency for unpaid bills. This issue is mirrored throughout the US as medical costs have soared and a single payer system has not yet been enacted as in European countries.

The study commission concluded that the volume of liens alone amounts to "coercion to settle." The report reveals that 35% of the present court calendar now involves liens. The cost to employers amounts to an estimated $200 Million annually. Over 450,000 liens are predicted to be filed this yea alone. Medical liens represent the vast majority of the liens filed in compensation cases.

Excluded from consideration in he report are Federal medical programs such a Medicare (Medicare Secondary Benefit claims), VA Medical claims and TRICARE (Military Health Plans.). Those claims can only be resolved only by a tribunal cloaked with  Federal jurisdiction.

Saturday, February 28, 2015

Study Urges Greater Financial Disclosure by Nonprofit Integrated Health Systems

WASHINGTON, D.C.—Based on publicly available information, there is scant evidence to back up claims by large, nonprofit integrated health systems that they deliver higher quality care more efficiently, according to a new study released today from the nonpartisan National Academy of Social Insurance (NASI). The report will be discussed at a 2pm panel on trends in provider consolidation during a Federal Trade Commission / Department of Justice live webcasted workshop on “Examining Health Care Competition.”

Along with a comprehensive review of the academic literature, the study included an analysis of publicly available quality and financial information from 15 of the largest nonprofit integrated delivery networks (IDNs) across the country, including Henry Ford Health System in Detroit; North Shore-LIJ Health System in suburban New York; Intermountain Healthcare in Utah/Idaho; Sutter Health in Northern California; BayCare Health System in Tampa/St. Petersburg; and Geisinger Health System in Central Pennsylvania.

The study defined IDNs as vertically integrated health services networks that include hospitals, physicians, post-acute services and sometimes health plans with a stated purpose to coordinate care across the continuum of health services and to manage population health; or fully integrated provider systems inside a health plan (e.g. with no other source of income than premiums).

"Some of the nation’s finest hospitals and clinical staffs can...


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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.

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.

Thursday, August 23, 2007

Drop in California Spending Lowers U.S. Workers' Compensation Benefits and Costs

August 22, 2007

WASHINGTON, DC—U.S. workers’ compensation payments for medical care and cash benefits for workers disabled by workplace injuries or diseases declined in 2005, according to a study released today by the National Academy of Social Insurance (NASI).

The drop in payments in 2005 (the most recent year with data) reflects large declines in California payments, as reforms enacted in 2003 and 2004 took effect. Nationally, workers’ compensation payments for injured workers fell by 1.4 percent to $55.3 billion in 2005. The payments include $26.2 billion to providers of medical care and $29.1 billion in cash wage replacement benefits for injured workers. California payments fell by 12.2 percent; a change made up of a 16.0 percent decline in medical payments and an 8.6 percent decline in cash payments. “The reduced spending for benefits and medical care reflects the initial stages of cost containment measures that were put in place in 2003 and 2004 reforms to the California system,” according to NASI member Christine Baker, who directs the California Commission on Health and Safety and Workers’ Compensation, a nonpartisan labor-management group that advises state policymakers.

Because it is a large state – accounting for nearly 20 percent of national benefit payments in 2005 –California altered national trends. Outside California, total workers’ compensation payments rose by 1.7 percent, an increase driven by a 4.1 percent increase in payments to medical providers. Cash payments to injured workers outside California showed a small decline (0.3 percent).

The costs to employers for workers’ compensation are what they pay each year. For employers who buy insurance, costs are premiums they pay to insurance companies plus benefits they pay under deductible arrangements in their insurance policies. For employers who insure their own workers, costs are the benefits they pay plus administrative costs. In 2005, employers paid a total of $88.8 billion nationwide for workers’ compensation. A sharp drop in California employers’ costs (of 9.8 percent) held down the national increase in employer costs to 2.3 percent. Outside California, employer costs for workers’ compensation rose by 6.5 percent.

The new report tracks trends since 1989 in workers’ compensation benefits and employer costs relative to total wages of workers covered by the program. Relative to wages, cash benefits in 2005 were the lowest in 17 years ($0.56 per $100 of wages). Nationally, total benefits (cash plus medical) and employer costs fell relative to wages in 2005. Cash and medical benefits combined were $1.06 per $100 of covered wages in 2005, a drop of $0.07 from 2004, while employer costs were $1.70 per $100 of wages in 2005, down $0.05 from 2004.

Outside California, benefits per $100 of wages fell by a smaller amount ($0.03) and employer costs per $100 of wages rose slightly (by $0.02). According to John F. Burton, Jr., chair of the panel that oversees the study, “The relative stability of benefits outside the Golden State reflects a rough balance between the declining frequency of workplace injuries and higher expenditures for medical benefits.”

The new report, Workers’ Compensation: Benefits, Coverage and Costs, 2005, is the tenth in a NASI series that provides the only comprehensive national data that covers all types of employers. The study provides estimates of workers’ compensation cash and medical payments for each state, the District of Colombia, and federal programs.

To download the full report, click here.
To download a PDF of this release, click here.

Thursday, December 2, 2010

Congressional Deficit Reform May Incorporate Workers Compensation Awards

Congressional deficit reform may encompass workers' compensation awards as an element for deficit reduction. National Underwriter (NU) reports that the proposal is supported by the co-chairman of the budget deficit commission (National Commission on Fiscal Responsibility)  that was appointed by President Barach Obama. A vote of the full committee is scheduled for Friday.

A proposal was also made to impose caps on punitive and non-economic damages in tort claims.

NU reported, "On tort reform, the co-chairmen recommended that among the policies that should be pursued, state and federal governments should consider modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example, workers’ compensation benefits or insurance benefits) to be considered in deciding awards."

Commission's report stated:
"Among the policies pursued, the following should be included: 1) Modifying the “collateral source” rule to allow outside sources of income collected as a result of an injury (for example workers’ compensation benefits or insurance benefits) to be considered in deciding awards; 2) Imposing a statute of limitations – perhaps one to three years – on medical malpractice lawsuits; 3) Replacing joint-and-several liability with a fair-share rule, under which a defendant in a lawsuit would be liable only for the percentage of the final award that was equal to his or her share of responsibility for the injury; 4) Creating specialized “health courts” for medical malpractice lawsuits; and 5) Allowing “safe haven” rules for providers who follow best practices of care."


Related articles

Tuesday, November 29, 2011

Changing the Fundamental Rules of Workers Compensation

The elimination of the principle of "no fault" from the workers' compensation system is the conclusion of study commission by Britain's Department of Work and Pensions. The report, to be released this week, is significant because the US system was modeled after the program adopted in Europe.

Read the article, "Workers 'should not be able to sue for accidents if it's their fault' (dailymail.co.uk)

"Employees would lose the right to sue when they are are injured at work because of their own mistakes, under new health and safety reforms."
"In a review published next week there are calls for a 'rebalancing' of safety laws and a dramatic reduction in the number of rules in the workplace......" read more

......
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.

Tuesday, February 7, 2023

Available Workers' Compensation Law 2023 Update

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is now available from Thomson Reuters®. The treatise is the most complete and research-integrated work on NJ Workers’ Compensation law.

Friday, November 2, 2018

The Evidence Mounts on the Causal Link of Cell Phones and Cancer

The US National Institute for Environmental Health Sciences [NIH} has just published a final report linking cell phone radiation exposure to the production of tumors in mice. This animal study that confirms the causal relationship between radio frequency radiation of cell phones and cancer in animals is a significant step forward to establishing a causal relationship in humans.

Thursday, August 9, 2012

Cell Phone and Brain Malignancies: The Right to Know Radiation Act

English: Mobile phone evolution Русский: Эволю...
(Photo credit: Wikipedia)
As the controversy continues to rage over whether cell phone radiation can be linked to an increased risk of brain cancer, recently introduced legislation in the US Congress would offer the public more information to make educated choices over purchase and use of cell phones.

Congressman Dennis Kucinich (D-OH) has introduced H.R. 6358, the Cell Phone Right to Know Act, a bill to grant a consumer’s right-to-know by providing for warning labels on cell phones. It would also create a new national research program to study cell phones and health and require the Environmental Protection Agency to update the outdated Specific Absorption Rate (SAR). A federal appeals court in San Francisco is expected to consider a local right-to-know ordinance this week.

“Consumers have a right to know the radiation levels of cell phones and whether they are buying the phone with the lowest – or the highest – level of exposure to cell phone radiation. They also deserve to have up-to-date exposure standards that are put together by health professionals without conflicts of interest,” said Kucinich.

When Kucinich first called a hearing on the issue as Chair of the Domestic Policy Subcommittee on September 25, 2008, Dr. Ronald Herberman, then Director of the University of Pittsburgh Cancer Institute, testified to the Subcommittee, “I cannot tell this committee that cell phones are dangerous, but I certainly can't tell you they are safe.”

Last year, the World Health Organization finished its assessment of the evidence about the links between exposure to radiation from cell phones and health problems. They concluded that there was enough evidence of a link to classify it as “possibly carcinogenic to humans,” placing it in the same category as lead and mercury.

The long-awaited Interphone study, a major inquiry into the potential links between cell phone use and tumors, concluded that when taken as a whole, there was not a link. However, when the data was broken down, more risk was found and the picture became clearer. Those using their cell phones typically only 30 minutes per day or more were found to have a 40% increased risk of a type of brain tumor called glioma, when compared to someone who had not used a cell phone. If the phone is used mostly on one side of the head, the risk is 96% more than someone unexposed to cell phone radiation.

“It took decades for scientists to be able to say for sure that smoking caused cancer. During those decades, the false impression created by industry supporters was that there was no connection between smoking and cancer, a deception which cost many lives. While we wait for scientists to sort out the health effects of cell phone radiation, we must allow consumers to have enough information to choose a phone with less radiation,” said Kucinich. “As long as cell phone users may be at increased risk of cancer or reproductive problems, Americans must have the right to know the radiation levels of cell phones.”

The warning labels required by H.R. 6358 would show the RF radiation emissions from the phone, legal limits and health-based goals for safe exposure. According to the Federal Communications Commission (FCC) the SAR is “the amount of radio frequency energy absorbed by the body when using a mobile phone.” The current SAR sets a maximum level of radiation emission at 1.6 watts per kilogram. The current SAR does not take into account vulnerable populations like kids or pregnant women. It also assumes a person’s only exposure is from the phone in use, but with WiFi, “smart phones,” and Bluetooth technologies, exposure to only one wireless device is increasingly rare, especially in urban environments. A Government Accountability Office report on cell phones and health is expected to be released soon.

More articles about the issue of cell phone radiation
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...

May 31, 2011
After years of review, the World Health Organization (WHO) has classified the radio frequencies utilized by cell phones as possibly carcinogenic to human thereby opening the door to potential wave of workers' compensation...
May 23, 2012
A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation ...
Jul 07, 2011
National Cell Phone Ban Proposed by Congress. Cell phone abuse while driving has been proposed by Congresswoman Carolyn McCarthy (D-NY4). Distracted driving accidents are soaring and are now emerging as a major ...
Nov 29, 2011
The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in ...
Mar 27, 2012
Cell phone injuries have been linked medically by published studies. "The authors warn users of cell phones to look out for ear symptoms such as ear warmth, ear fullness, and ringing in the ears (tinnitus) as early warning ...

Monday, November 22, 2010

Congress Told Workers Compensation is a Deteriorating System

The former chair of the 1972 National Commission on Workers' Compensation told Congress that the present system is deteriorating and a new course of action is warranted. Profession Emeritis John F. Burton, Jr., last Wednesday testified before The Subcommittee on Workforce Protections of the Congressional Committee on Education and Labor.

Professor Burton told Congress that during the last 20 years he has observed the "...deterioration in adequacy and equity of state workers' compensation programs..." He reported that "the decline in workers' compensation cash benefits in the states during the 1990's is explained by ....changes in workers' compensation provisions and practice than  is explained by the drop in workplace injuries and disease during the decade."

Burton proposed that Congress consider new legislation to prohibit costs shifting from workers' compensation to Social Security Disability Insurance (SSDI). He advised the Subcommittee that cost shifting was continuing because 15 states were permitted to continue "reverse offset" provisions, the Social Security Administration (SSA) was paying benefits to workers who were not totally disabled under workers compensation acts, and a larger number injured workers were not qualifying for workers' compensation benefits.


As Professor points out, the aging workforce further complicates the burden placed upon the nation's Medicare system. With the erosion of the doctrine that workers' compensation takes the worker as it finds him or her, medical treatment for pre-existing conditions will be a growing cost for Medicare and a cost-shift from the workers' compensation system. The NY Times reported that, "Nearly one-fourth of Medicare beneficiaries have five or more chronic conditions. They account for two-thirds of the program’s spending."

A "reaffirmation" of "Federal standards" as enunciated in the 1972 National Commission report were recommended by Burton.  Additionally, he called upon Congress to enact legislation requiring employers and/or their insurance carriers reimburse Social Security for permanent disability cash benefits paid by Social Security for disability flowing from a work related event or disability.