The National Cancer Institute (NC!) reports that over 230,000 males in the US will diagnosed with prostate cancer in 2013 and that 29,790 deaths will result. David DePaolo, published of WorkCompCentral®, writes today of the potential new wave of workers' compensation claims arising from the association of whole-body vibration syndrome (WBV) experienced by truck drivers and its relationship to prostate cancer. He links source material to support the argument. This post is shared from http://daviddepaolo.blogspot.com . You just never know what the next big risk category is going to be in workers' compensation. I had been persuaded by an argument offered by Charlie Kingdollar, Vice President emerging issues unit for General Re Corp., that nanomaterials would be the next asbestos. OSHA has been particularly concerned with silica in the past couple of years. |
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
Thursday, October 31, 2013
DePaolo's Work Comp World: Trucks, WBV and Cancer
Saturday, October 19, 2013
Labor Group Says Haiti's Factories Are Unsafe
Haiti's garment factories are unsafe for their workers, often lacking marked fire exits, safe drinking water and sufficient toilets, a labor group said Wednesday.
A study by the Geneva-based Better Work organization looked at working conditions in 23 Haitian factories from May to August. It found 13 workplaces were not sufficiently lighted, and 11 failed to clearly mark emergency exits and escape routes. Eleven factories did not have adequate fire-fighting equipment. It also found that 21 did not have the legally required number of toilets, and the same number didn't have onsite medical facilities and staff. Henri-Claude Muller-Poitevien, president of a government commission that oversees Haiti's assembly plants, said he welcomed the survey by the labor compliance group, which is supported by the International Labor Organization and the World Bank's International Finance Corporation. He said his commission is working with Better Work and the fire department to mark emergency exits and install fire-fighting equipment. "All the buildings need improvement — this is what we are doing now," Muller-Poitevien said. "We definitely want to comply with everything, but we will never be the triple-A student." Haitian Prime Minister Laurent Lamothe responded on his blog Tuesday night to a separate report from another labor group that alleges assembly plants don't pay their workers even the minimum wage. He said the country is "continuing to build an environment that holds ourselves and... |
Monday, October 14, 2013
Hank Patterson Receives the 2013 Lifetime Achievement Award
This week, Henry “Hank” N. Patterson, Jr. was presented with the 2013 Lifetime
Achievement Award at the annual dinner of the Workplace Injury and Advocacy
Group (WILG), in Palm Beach, Florida. For
his entire career, Hank has zealously advanced the rights of workers. He has held
leadership positions in national legal organizations, including the American
Bar Association, and helped establish the College of Workers Compensation Lawyers.
Hank
graduated from the University of North Carolina in 1963 and from UNC Law School
in 1966, where he was elected to the Order of the Coif. Before entering private
practice, he served as law clerk to the Honorable J. Braxton Craven, Jr., of
the U.S. Court of Appeals for the Fourth Circuit and worked as an attorney in
Region 11 of the National Labor Relations Board.
He
has served on legislative study commissions and as Chair of the Workers’ Rights
Section of the North Carolina Academy of Trial Lawyers, Co-Chair of the North
Carolina Bar Association’s Workers’ Compensation Committee, and member of the
Advisory Council to the Chair of the North Carolina Industrial Commission. Hank
is a Board Certified Specialist in Workers’ Compensation Law. His practice is
limited to the areas of workers’ compensation, labor and employment, and
disability entitlements.
Thursday, October 4, 2007
Asbestos Ban Passes US Senate
The United State Senate passed the legislation to ban asbestos in the U.S. The following press release was distributed bythe bill's sponsor, Senator Pat Murray.
October 4, 2007 (WASHINGTON, D.C.) – Today United States Senate unanimously passed Senator Patty Murray's bill to ban asbestos, bringing the legislation closer to enactment than at any point since Murray launched her effort to protect families and workers six years ago. Murray worked closely with Senator Johnny Isakson (R-GA) and Environment and Public Works Chairman Senator Barbara Boxer (D-CA) to reach this historic milestone.
"This is a historic day in the fight to protect Americans. Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law," Murray said. "I’m very pleased that Senators from both sides of the aisle came together to unanimously support my bill. I especially want to thank Senator Johnny Isakson for his bipartisan leadership in moving this bill forward. I also want to commend Senator Barbara Boxer who championed this bill from the start and led its quick passage through her Environment and Public Works Committee."
“It was a pleasure to work with Senator Murray on crafting this legislation. This bill is the culmination of months of bipartisan work to find common ground on this important issue, and I extremely pleased the Senate acted so quickly to approve it,” Isakson said. “For the few areas where asbestos is still used in the United States, this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”
U.S. Senator Barbara Boxer (D-Calif.), Chairman of the Senate Committee on Environment and Public Works, said: “Because of this bill, America is poised to join the more than 40 nations that have banned asbestos because it is deadly. This bill is long overdue.”
“I have been pleased to work closely with Senators Murray and Isakson to move this important bill through the Environment and Public Works Committee, and now through the Senate. This bill will take asbestos off the shelves, and will also ensure we continue to study and treat the health effects asbestos has already caused.”
Murray's bill would ban asbestos, invest in research and treatment, and launch a public education campaign. Murray started working to ban asbestos six years ago. This March, she re-introduced her legislation as S. 742, the Ban Asbestos in America Act of 2007.
On March 1st, Senator Murray held a hearing in her Employment and Workplace Safety Subcommittee on the bill.
On June 12th, the bill got a hearing before the Environment and Public Works Committee, at which Senator Murray testified.
On June 6, Murray discussed the bill's progress at the Fred Hutchinson Cancer Research Center in Seattle, where she was joined by doctors, a patient, environmental experts, and advocates.
On July 31st, the bill passed the Senate Environment and Public Works Committee 19-0.
....................................................................................
Ban Asbestos in America Act of 2007
http://murray.senate.gov/asbestos
Bill Summary
1. BANS ASBESTOS
Prohibits the importation, manufacture, processing and distribution of products containing asbestos. The ban covers the 6 regulated forms of asbestos and 3 durable fibers. The EPA will issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
2. Dramatically Expands Research and Treatment
Creates a $50 million "Asbestos-Related Disease Research and Treatment Network"The network will be composed of 10 new research and treatment centers around the country. Locations will be selected by the director of NIH. The network will focus on finding better treatment, early detection and prevention strategies. Funded at $50 million ($1 million per center per year for 5 years). [Section 417F]
Creates a New National Asbestos-Related Disease RegistryExpands on the existing mesothelioma disease registry to include patients with other asbestos-related diseases. This national clearinghouse for data will help scientists conduct more comprehensive research. [Section 417E(c)]
Directs the Department of Defense to Conduct Additional ResearchAbout one-third of mesothelioma victims were exposed to asbestos while serving in the U.S. Navy. The bill directs the Pentagon to conduct additional research on asbestos disease, early detection and treatment. [Section 417G]
Identifies the Most Promising Areas for New ResearchDirects the National Institute for Occupational Safety and Health (NIOSH) to study the current state of knowledge on asbestos disease mechanisms, health effects, and measurement methods. NIOSH will recommend the areas where new research is most needed. [Section 222]
3. Launches a Public Education Campaign TO PROTECT AMERICANS
The EPA Administrator shall conduct a public education campaign to increase awareness of the dangers posed by asbestos-containing products and contaminant-asbestos products, including in homes and workplaces. Patients and front-line health care providers will receive current and comprehensive information about disease awareness and treatment options. The EPA will work with the Consumer Product Safety Commission, the Secretary of Labor, and the Centers for Disease Control and Prevention on this public education campaign. [Section 224]
October 4, 2007 (WASHINGTON, D.C.) – Today United States Senate unanimously passed Senator Patty Murray's bill to ban asbestos, bringing the legislation closer to enactment than at any point since Murray launched her effort to protect families and workers six years ago. Murray worked closely with Senator Johnny Isakson (R-GA) and Environment and Public Works Chairman Senator Barbara Boxer (D-CA) to reach this historic milestone.
"This is a historic day in the fight to protect Americans. Workers and their families deserve a future free of deadly asbestos exposure, and I'm not stopping until this bill is signed into law," Murray said. "I’m very pleased that Senators from both sides of the aisle came together to unanimously support my bill. I especially want to thank Senator Johnny Isakson for his bipartisan leadership in moving this bill forward. I also want to commend Senator Barbara Boxer who championed this bill from the start and led its quick passage through her Environment and Public Works Committee."
“It was a pleasure to work with Senator Murray on crafting this legislation. This bill is the culmination of months of bipartisan work to find common ground on this important issue, and I extremely pleased the Senate acted so quickly to approve it,” Isakson said. “For the few areas where asbestos is still used in the United States, this bill provides a reasonable transition so that Americans can rid themselves of asbestos once and for all.”
U.S. Senator Barbara Boxer (D-Calif.), Chairman of the Senate Committee on Environment and Public Works, said: “Because of this bill, America is poised to join the more than 40 nations that have banned asbestos because it is deadly. This bill is long overdue.”
“I have been pleased to work closely with Senators Murray and Isakson to move this important bill through the Environment and Public Works Committee, and now through the Senate. This bill will take asbestos off the shelves, and will also ensure we continue to study and treat the health effects asbestos has already caused.”
Murray's bill would ban asbestos, invest in research and treatment, and launch a public education campaign. Murray started working to ban asbestos six years ago. This March, she re-introduced her legislation as S. 742, the Ban Asbestos in America Act of 2007.
On March 1st, Senator Murray held a hearing in her Employment and Workplace Safety Subcommittee on the bill.
On June 12th, the bill got a hearing before the Environment and Public Works Committee, at which Senator Murray testified.
On June 6, Murray discussed the bill's progress at the Fred Hutchinson Cancer Research Center in Seattle, where she was joined by doctors, a patient, environmental experts, and advocates.
On July 31st, the bill passed the Senate Environment and Public Works Committee 19-0.
....................................................................................
Ban Asbestos in America Act of 2007
http://murray.senate.gov/asbestos
Bill Summary
1. BANS ASBESTOS
Prohibits the importation, manufacture, processing and distribution of products containing asbestos. The ban covers the 6 regulated forms of asbestos and 3 durable fibers. The EPA will issue rules to ensure asbestos products are off the shelves within 2 years of the bill's enactment.
2. Dramatically Expands Research and Treatment
Creates a $50 million "Asbestos-Related Disease Research and Treatment Network"The network will be composed of 10 new research and treatment centers around the country. Locations will be selected by the director of NIH. The network will focus on finding better treatment, early detection and prevention strategies. Funded at $50 million ($1 million per center per year for 5 years). [Section 417F]
Creates a New National Asbestos-Related Disease RegistryExpands on the existing mesothelioma disease registry to include patients with other asbestos-related diseases. This national clearinghouse for data will help scientists conduct more comprehensive research. [Section 417E(c)]
Directs the Department of Defense to Conduct Additional ResearchAbout one-third of mesothelioma victims were exposed to asbestos while serving in the U.S. Navy. The bill directs the Pentagon to conduct additional research on asbestos disease, early detection and treatment. [Section 417G]
Identifies the Most Promising Areas for New ResearchDirects the National Institute for Occupational Safety and Health (NIOSH) to study the current state of knowledge on asbestos disease mechanisms, health effects, and measurement methods. NIOSH will recommend the areas where new research is most needed. [Section 222]
3. Launches a Public Education Campaign TO PROTECT AMERICANS
The EPA Administrator shall conduct a public education campaign to increase awareness of the dangers posed by asbestos-containing products and contaminant-asbestos products, including in homes and workplaces. Patients and front-line health care providers will receive current and comprehensive information about disease awareness and treatment options. The EPA will work with the Consumer Product Safety Commission, the Secretary of Labor, and the Centers for Disease Control and Prevention on this public education campaign. [Section 224]
Wednesday, October 16, 2013
Too Much Temptation To Do the Wrong Thing
The problem with workers' compensation being funded and managed by private interests is that there is simply too much temptation to do the wrong things for the wrong reasons - usually those reasons involve profiting at the expense of everyone else.
And so it seems in New York where an associate attorney in the State Workers' Compensation Board General Counsel's Office said in an affidavit filed in New York Supreme Court Friday that improper cost-shifting by the state's workers' compensation carriers has caused the liabilities of the state's Reopened Case Fund to "spiral exponentially," of course at the expense of employers. After the historical reform of New York's system by then Gov. Eliot Spitzer, that imposed the state's first duration caps on permanent partial disability benefits, carriers began settling the indemnity portion of claims, leaving medical treatment open. Three years after the indemnity payments run out, carriers can then file claims with the fund providing medical evidence that the workers' condition has changed, thereby shifting the cost of medical care for injured workers over to the Fund. The lawsuit in which the affidavit was filed was initiated by Liberty Mutual Insurance Co. and 19 of its sister insurers to block a section of Gov. Andrew Cuomo's 2013-2014 budget the close the fund on Jan. 1, 2014. Coumo made closing the fund part of the "Business Relief Act" included in his $141.3 billion budget and predicted that closing the fund will save New York... |
Tuesday, October 2, 2012
OSHA cites manager of Nassau Veterans Memorial Coliseum on Long Island for asbestos and other hazards
SMG @ Nassau Coliseum faces $88,000 in proposed fines
The U.S. Department of Labor's Occupational Safety and Health Administration has cited SMG @ Nassau Coliseum LLC, doing business as SMG, with 16 alleged serious violations of workplace health and safety standards. The company, which manages the day-to-day operations of the Nassau Veterans Memorial Coliseum on Long Island, faces a total of $88,000 in proposed fines for asbestos, electrical, chemical and other hazards facing workers at the coliseum.
OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.
Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.
"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.
In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.
SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
OSHA's Long Island Area Office opened an inspection in response to an employee complaint. Investigators found that maintenance workers and electricians were exposed to asbestos or materials potentially containing asbestos while working in various locations – including the coliseum's ice plant, catwalks and a loading dock – and that SMG did not take adequate steps to address the hazards. These conditions occurred in areas not accessible to the general public.
Specifically, SMG did not identify the presence, location and quantity of materials containing or potentially containing asbestos, use engineering controls and work practices to reduce exposure levels, ensure that all Class III asbestos work (such as repair and maintenance operations where materials presumed to contain asbestos are disturbed) was conducted in regulated areas, ensure proper respirator use, post warning signs and provide asbestos awareness training for workers.
"Inhalation of asbestos fibers can lead to lung disease and cancer. That's why it is imperative that this employer take effective action to identify and minimize asbestos hazards and ensure that workers are protected against exposure," said Anthony Ciuffo, OSHA's Long Island area director.
In addition, OSHA found inadequately lighted exit routes, inoperable emergency lighting, lights not guarded against damage, defective forklifts, unsecured liquefied petroleum gas containers, electrical circuits not locked out and unguarded open-sided floors. The company also failed to provide workers with bloodborne pathogen and chemical hazard communication training. Finally, the company failed to develop procedures and provide hardware to lock out power sources to prevent the unintended activation of machinery. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
"A key means of preventing hazards such as these is for employers to establish and maintain effective illness and injury prevention programs in which they work with their employees to proactively identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.
Asbestos is the name given to a group of naturally occurring minerals that are resistant to heat and corrosion. Asbestos has been used as insulation for pipes, floor tiles and building materials, and in vehicle brakes and clutches. Breathing asbestos fibers can cause a buildup of scar-like tissue in the lungs called asbestosis, which can result in a loss of lung function that often progresses to disability or death. Asbestos also causes lung cancer and other diseases such as mesothelioma of the pleura, which is a fatal malignant tumor of the membrane that lines the cavity of the lung or stomach. Detailed information on asbestos hazards and safeguards, including an asbestos self-inspection checklist, is available online at http://www.osha.gov/SLTC/asbestos/index.html.
SMG has 15 business days from receipt of its citations and proposed penalties to comply, meet with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Long Island office in Westbury at 516-334-3344.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
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 work related accident and injuries.
More about asbestos
Sep 14, 2012
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health ...
Sep 15, 2012
Canada's Industry Minister announced yesterday that the country would finally concede to international pressure and label asbestos that it exports as a health hazard. Now Canada, and the United States, need to take the next ...
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...
Wednesday, February 17, 2016
The State of Medical Care in California’s Workers’ Compensation System
 |
| Katherine Roe |
Todays' guest post is authored by Katie Roe* of the California Bar and was originally published at rivercityattorneys.com/blog (Fraulob & Brown).
When you’re injured at work, you expect that your employer’s insurance carrier will dutifully provide you with proper medical treatment for your injury. After all, future medical care is one of the “benefits” injured workers are entitled to in California. Denial of medical treatment is the number one frustration we hear from our clients on a daily basis.
What injured workers quickly discover is that their medical treatment is strictly controlled by the insurance carrier and their medical fate is in the hands of a doctor who has never treated them and may not even have their complete medical records. This process is called Utilization Review (UR). Under UR an outside physician gets to decide whether or not the insurance company should authorize the medical treatment prescribed by your primary treating physician. This doctor doesn’t even have to be licensed in California.
If the medical treatment prescribed by your physician is denied, your only recourse is to appeal the decision to an Independent Medical Reviewed (IMR). In California, MAXIMUS is the company contracted to conduct IMR reviews. Like UR doctors, the IMR doctor deciding your fate, has never met you or treated you and does not need to be licensed in California. In fact, their identity is protected. If your medical treatment is denied by UR, your chances of IMR overturning the decision are not good. California Workers’ Compensation Institute, an insurance research group, found that 91% of IMR decisions uphold the UR denial. If the treatment is denied by IMR, absent a change in circumstances, the denial will be in effect for one year.
While an injured worker has the right to appeal an IMR determination to the Workers’ Compensation Appeals Board, the only legal bases on which to appeal are fraud, conflict of interest, or mistake of fact. However, even if your appeal is successful the WCAB still cannot overturn the IMR doctor’s decision. If an appeal is granted, the remedy is referral to a different IMR for another review. Yes, you read that right, your award is to go through the IMR process again!
Many injured workers end up seeking treatment for their work related injuries through private insurance, Medicare or Medi-Cal. A study by J. Paul Leigh, a health economist at the University of California, Davis, estimated that only 1/3 of necessary medical treatment and lost wages is being paid for by workers’ compensation insurers.
The lack of adequate medical care for injured workers today is the result of Senate Bill 863, which was passed on August 1, 2012 and signed into law by Governor Brown on September 18, 2012. This law was the result of lobbying by big businesses and insurance companies, who have influence over the State Legislature and the Governor of California. We remind our clients that you also have a political voice. We recommend you go to Voters Injured at Work (www.viaw.org) for information on how to become involved with fixing this broken system.
To read more about the dismal state of medical treatment for injured workers all over America I encourage you to read Insult to Injury by Michael Grabell athttps://www.propublica.org/article/the-demolition-of-workers-compensation.
*Katherine Roe is originally from the San Francisco Bay Area. She attended University of St. Thomas, Saint Paul Minnesota for her undergraduate degree in Sociology with a minor in Criminal Justice. She earned her Master in Public Administration from University of Notre Dame de Namur, Belmont, CA. Katie graduated from University of the Pacific McGeorge School of Law in Sacramento where she received the Witkin Award for Health Law and Elder Law Clinic. She is a practicing attorney in the areas of Workers’ Compensation Law, Social Security Disability and Elder Law, including estate planning with wills, trusts, deeds, powers of attorney and health care directives.
While in college, Katie tutored grade school and high school students in low-income neighborhoods in Saint Paul and Minneapolis, MN and interned with the Oakdale, MN Police Department.
During law school, Katie interned with Legal Aid Society of San Mateo County, Human Rights Fair Housing Commission and the California Department of Insurance. While at McGeorge, she worked in the Elder and Health Law Clinic where she handled Medicare appeals, elder abuse cases, restraining orders, wills, trusts, consumer protection, special needs trusts, and powers of attorney.
While the Clinical Fellow at McGeorge she received the Cohn Sisters’ Scholarship for Patient Advocacy.
While in college, Katie tutored grade school and high school students in low-income neighborhoods in Saint Paul and Minneapolis, MN and interned with the Oakdale, MN Police Department.
During law school, Katie interned with Legal Aid Society of San Mateo County, Human Rights Fair Housing Commission and the California Department of Insurance. While at McGeorge, she worked in the Elder and Health Law Clinic where she handled Medicare appeals, elder abuse cases, restraining orders, wills, trusts, consumer protection, special needs trusts, and powers of attorney.
While the Clinical Fellow at McGeorge she received the Cohn Sisters’ Scholarship for Patient Advocacy.
Wednesday, May 6, 2015
Professor John F Burton Jr: Illinois Proposed Changes Are Obectionable
The former chair of the 1972 National Commission on Workers' Compensation told the Illinois legislature yesterday that the proposed changes to the Illinois Workers' Compensation Act will degrade the system and reduce benefits to injured workers. Profession Emeritis John F. Burton, Jr., yesterday presented a statement to the Committee of the Whole before the Illinois House of Representatives.
 |
| Professor John F. Burton Jr. |
Saturday, February 12, 2011
Published: 2011 Workers' Compensation Law Treatise
What's New
The newly enacted statutory changes to the New Jersey Workers’ Compensation Act and promulgated Rules permitting Emergent Medical Care Motions, new registration requirements for insurers, and new judicial enforcement powers of Judges of Compensation, including sanctions and contempt powers, are contained in this supplemental material. The judicial decision imposing direct liability against an insurance carrier for delay and/or denial of medical treatment is discussed.
An analysis of the newly adopted procedures for the reimbursement of conditional payments established by Medicare and the protocols to co-ordinate workers’ compensation claims with the Centers for Medicare and Medicaid Services is contained in this supplement. The materials also provide the authorizations required to obtain conditional payment information from the Coordinator of Benefits. Debt collection referral to the Department of the Treasury is also reviewed.
The new Community and Worker Right to Know material has been incorporated into this supplement. The current hazardous substance lists and the substances that have been deemed extremely dangerous are provided.
The supplement reviews new case law concerning electronic cancellation of coverage as well as the standard for claims to be considered casually related to the employment.
The judicial interpretation of the Exclusivity Doctrine is discussion in light of the dual capacity status of a household contact / bystander and also former employee. The evidential requirements in latent occupational claims is reviewed.
The mandatory reporting requirements of the SCHIP Extension Act of 2007 are described as well as the appeal procedure under the reimbursement provision of the Medicare Secondary Payer Act.
These pocket parts provide information concerning the requirements for medical monitoring in workers’ compensation claims. It discusses. the Asbestos Fund, which has been established for those entities where workers’ compensation coverage cannot be established. The newly designed forms that need to be utilized in filing for benefits are included. Also, the recently modified Motion for Temporary and Medical Benefits, including a form Certification, is provided and discussed.
The newly revised Judgments for Total and Permanent Disability are provided in this pocket part. The Judgments include new refinements in offsets for pensions and Social Security disability benefits. Reviewed also is the “intentional wrong exception” to the Exclusivity Bar which has been the subject of new workers’ compensation insurance policy language and regulation.
The recently promulgated administrative rules governing the disposition of Temporary Disability Benefits are discussed. The non-duplication of benefits provisions are reviewed including the multiple agency adjudication process. An expansion of benefits available to Federal public safety officers is reviewed in this supplement.
Collateral medical benefit issues are discussed in light of the recent Supreme Court decision concerning this matter. The pocket parts include a Motion to Join the Collateral Health Carrier and provide sample Certifications to be used in support of the application. New pleadings issued by the Division of Workers’ Compensation in the area of medical payment and reimbursement claims are provided and commented upon in these materials.
Additionally, these pocket parts provide information concerning the new Rules of the Division of Workers’ Compensation embodying electronic filing requirements and new procedures involving both formal and informal proceedings, motion practice, post judgment process, and judicial performance. The expanded Medicare secondary reporting requirements and the mandatory coordination of benefits are reviewed in this supplement. The recovery aspects of Medicare conditional payments as well as future medical provisions are updated and discussed. The new Child Support Lien distribution forms, computation worksheets and judgments are provided and explained in depth. The NJ Supreme’ Court ruling and the legislative enactments are discussed concerning same sex couples and the availability of workers’ compensation benefits.
This supplement reviews the newly promulgated Rules concerning the Uninsured Employers’ Fund and audio and video coverage of workers’ compensation proceedings. The horrific tragedy of September 11th, 2001 and the impact it has upon the Workers’ Compensation system is discussed. This supplement reviews the newly enacted Smallpox Emergency Protection Act as well as recent court decisions concerning acts of terrorism. The subsequent legislative changes enacted in response to potential terrorist threats are reviewed, including the Public Safety Officers’ Benefit Act as well as the liberalized legislative enactments involving rescue workers and medical personnel.
The far-reaching ramifications of the newly enacted healthcare reform legislation are reviewed. The new prototype occupational medical care program, encompassing potential occupational exposure claims, is presented in this supplement.
The impact of the newly promulgated Federal rules and regulations concerning medical record privacy and compliance with the Health Insurance Portability and Accountability Act (HIPPA) medical authorization requirements are reviewed in this supplement and model forms are furnished. The recently enacted statutory workers' compensation coverage options available to proprietors and partners are discussed. The supplement reviews the recent court decisions expanding the responsibility of the Second Injury Fund for pre-existing medical conditions in cases in which latent diseases become manifest during retirement. The statutory enactments concerning State Temporary Disability Benefits are reviewed. The recently amended Energy Employees Occupational Illness Compensation Act is explained in detail and forms are furnished and discussed.
The new administration and management of claims arising from insolvent workers’ compensation insurance is covered in this pocket part.
The recent Supreme Court decisions concerning the high judicial threshold for evaluation of scientific evidence are analyzed. The requirements for proof of scientific evidence in complex workers’ compensation cases are discussed including the admissibility of testimony from non-physicians experts. Furthermore, the evolving and expanding issues concerning medical monitoring are reviewed.
This pocket part also discusses recent changes in the application for counsel fees. The supplement includes the newly promulgated administrative directive embodying those changes.
To Order
An analysis of the newly adopted procedures for the reimbursement of conditional payments established by Medicare and the protocols to co-ordinate workers’ compensation claims with the Centers for Medicare and Medicaid Services is contained in this supplement. The materials also provide the authorizations required to obtain conditional payment information from the Coordinator of Benefits. Debt collection referral to the Department of the Treasury is also reviewed.
The new Community and Worker Right to Know material has been incorporated into this supplement. The current hazardous substance lists and the substances that have been deemed extremely dangerous are provided.
The supplement reviews new case law concerning electronic cancellation of coverage as well as the standard for claims to be considered casually related to the employment.
The judicial interpretation of the Exclusivity Doctrine is discussion in light of the dual capacity status of a household contact / bystander and also former employee. The evidential requirements in latent occupational claims is reviewed.
The mandatory reporting requirements of the SCHIP Extension Act of 2007 are described as well as the appeal procedure under the reimbursement provision of the Medicare Secondary Payer Act.
These pocket parts provide information concerning the requirements for medical monitoring in workers’ compensation claims. It discusses. the Asbestos Fund, which has been established for those entities where workers’ compensation coverage cannot be established. The newly designed forms that need to be utilized in filing for benefits are included. Also, the recently modified Motion for Temporary and Medical Benefits, including a form Certification, is provided and discussed.
The newly revised Judgments for Total and Permanent Disability are provided in this pocket part. The Judgments include new refinements in offsets for pensions and Social Security disability benefits. Reviewed also is the “intentional wrong exception” to the Exclusivity Bar which has been the subject of new workers’ compensation insurance policy language and regulation.
The recently promulgated administrative rules governing the disposition of Temporary Disability Benefits are discussed. The non-duplication of benefits provisions are reviewed including the multiple agency adjudication process. An expansion of benefits available to Federal public safety officers is reviewed in this supplement.
Collateral medical benefit issues are discussed in light of the recent Supreme Court decision concerning this matter. The pocket parts include a Motion to Join the Collateral Health Carrier and provide sample Certifications to be used in support of the application. New pleadings issued by the Division of Workers’ Compensation in the area of medical payment and reimbursement claims are provided and commented upon in these materials.
Additionally, these pocket parts provide information concerning the new Rules of the Division of Workers’ Compensation embodying electronic filing requirements and new procedures involving both formal and informal proceedings, motion practice, post judgment process, and judicial performance. The expanded Medicare secondary reporting requirements and the mandatory coordination of benefits are reviewed in this supplement. The recovery aspects of Medicare conditional payments as well as future medical provisions are updated and discussed. The new Child Support Lien distribution forms, computation worksheets and judgments are provided and explained in depth. The NJ Supreme’ Court ruling and the legislative enactments are discussed concerning same sex couples and the availability of workers’ compensation benefits.
This supplement reviews the newly promulgated Rules concerning the Uninsured Employers’ Fund and audio and video coverage of workers’ compensation proceedings. The horrific tragedy of September 11th, 2001 and the impact it has upon the Workers’ Compensation system is discussed. This supplement reviews the newly enacted Smallpox Emergency Protection Act as well as recent court decisions concerning acts of terrorism. The subsequent legislative changes enacted in response to potential terrorist threats are reviewed, including the Public Safety Officers’ Benefit Act as well as the liberalized legislative enactments involving rescue workers and medical personnel.
The far-reaching ramifications of the newly enacted healthcare reform legislation are reviewed. The new prototype occupational medical care program, encompassing potential occupational exposure claims, is presented in this supplement.
The impact of the newly promulgated Federal rules and regulations concerning medical record privacy and compliance with the Health Insurance Portability and Accountability Act (HIPPA) medical authorization requirements are reviewed in this supplement and model forms are furnished. The recently enacted statutory workers' compensation coverage options available to proprietors and partners are discussed. The supplement reviews the recent court decisions expanding the responsibility of the Second Injury Fund for pre-existing medical conditions in cases in which latent diseases become manifest during retirement. The statutory enactments concerning State Temporary Disability Benefits are reviewed. The recently amended Energy Employees Occupational Illness Compensation Act is explained in detail and forms are furnished and discussed.
The new administration and management of claims arising from insolvent workers’ compensation insurance is covered in this pocket part.
The recent Supreme Court decisions concerning the high judicial threshold for evaluation of scientific evidence are analyzed. The requirements for proof of scientific evidence in complex workers’ compensation cases are discussed including the admissibility of testimony from non-physicians experts. Furthermore, the evolving and expanding issues concerning medical monitoring are reviewed.
This pocket part also discusses recent changes in the application for counsel fees. The supplement includes the newly promulgated administrative directive embodying those changes.
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Table of Contents Supp. 2011
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Table of Contents Supp. 2011
Index, Supp. 2011
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Wednesday, October 30, 2013
Target Bans the Box
 Earlier this year Minnesota extended its existing law to cover private employers. Now, the Minneapolis-based Target Corporation, one of the nation’s largest employers, has announced that it will remove questions about criminal history from its job applications throughout the country. The announcement represents an important victory for the grassroots community group TakeAction Minnesota, which had been pressuring the company to change.This comes on the heels of a similar development earlier this month in California, where Gov. Jerry Brown signed a ban-the-box bill that applies to government employers. The federal Equal Employment Opportunity Commission gave this movement a lift last year, when it expanded and updated a ruling that barred employers from... |
Stryker Corp. Settles FCPA Case, Pays $13 Million
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... |
Saturday, March 15, 2014
Differences in Care at For-Profit Hospices
People who pay attention to hospice care, so often a godsend for the dying and their families, have noticed and wondered about two trends in recent years:
1) What began as a grass-roots movement to improve end-of-life care is becoming a business. In 1990, only 5 percent of hospices were for-profit operations; by last year, they dominated the industry, representing 63 percent of hospices. 2) We’ve also seen that hospice patients are increasingly likely to be “disenrolled” before they die. Once, this was a rare event; the greater problem was that patients waited until the eleventh hour to enroll, subjecting themselves and their families to unnecessary stress and suffering. |
Friday, September 14, 2012
OSHA Cites Employers for Exposing Workers to Asbestos - $148,000
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| The seal of the United States Department of Labor (Photo credit: Wikipedia) |
Proposed penalties total more than $148,000 for hazards at San Antonio work site
The U.S. Department of Labor's Occupational Safety and Health Administration has cited seven construction companies – three Miami-based contractors and four San Antonio-based subcontractors – with 45 serious and one other-than-serious violation for exposing workers to asbestos hazards at a San Antonio construction work site. Proposed penalties total $148,000.
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health standards be followed to avoid accidents, injuries and illnesses."
In response to a referral by the Texas Department of State Health Services, OSHA's San Antonio Area Office initiated a safety and health inspection in March at the Reserves at Pecan Valley apartment complex located on East Southcross Boulevard. Inspectors found that workers were remodeling apartments without the use of proper clothing and respiratory equipment that would protect them from exposure to asbestos.
Specifically, the violations include failing to abate asbestos hazards and ensure that employees work in regulated areas, perform air monitoring for asbestos exposure, use the required engineering controls to prevent exposure, require the use of proper respiratory and personal protective equipment, train workers on the hazards of working with asbestos and ensure that an asbestos assessment is performed by a qualified person. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The Miami-based contractors have been cited for a total of 14 violations: Newport Property Ventures LLC has been issued citations carrying $36,100 in fines for eight serious and one other than serious violation; Newport Property Construction LLC has been fined $12,600 for two serious violations and Jamesboys Inc. has been issued citations carrying $18,900 in fines for three serious violations.
The San Antonio subcontractors have been cited for a total of 32 violations: Alex Vega doing business as Alco Painting & Remodeling has been issued citations carrying $28,200 in fines for 11 serious violations; Luis Lozada has been issued citations with $20,400 in fines for eight serious violations; Frank Gonzalez has been issued citations with $9,600 in fines for four serious violations; and Clemente Covarrubias, doing business as Knock It Out, has been issued citations with $22,200 in fines for nine serious violations.
Detailed information on asbestos hazards and safeguards is available at http://www.osha.gov/SLTC/asbestos/index.html andhttp://www.osha.gov/SLTC/asbestos/construction.html.
The citations can be viewed at http://www.osha.gov/ooc/citations/alco-painting-283535-0906-12.pdf*
http://www.osha.gov/ooc/citations/alco-painting-472878-0906-12.pdf*
http://www.osha.gov/ooc/citations/clemente-covarrubias-447453-0906-12.pdf*
http://www.osha.gov/ooc/citations/frank-gonzales-447317-0906-12.pdf*
http://www.osha.gov/ooc/citations/james-boy-315630913-0906-12.pdf*
http://www.osha.gov/ooc/citations/luis-lozada-447973-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-constr-283336-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-329062-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-448114-0906-12.pdf*.
The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA's area director in San Antonio, or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the San Antonio office at 210-472-5040.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
"Asbestos is an extremely hazardous material that can potentially cause lifelong, irreversible health conditions," said John Hermanson, OSHA's regional administrator in Dallas. "It is imperative that OSHA's safety and health standards be followed to avoid accidents, injuries and illnesses."
In response to a referral by the Texas Department of State Health Services, OSHA's San Antonio Area Office initiated a safety and health inspection in March at the Reserves at Pecan Valley apartment complex located on East Southcross Boulevard. Inspectors found that workers were remodeling apartments without the use of proper clothing and respiratory equipment that would protect them from exposure to asbestos.
Specifically, the violations include failing to abate asbestos hazards and ensure that employees work in regulated areas, perform air monitoring for asbestos exposure, use the required engineering controls to prevent exposure, require the use of proper respiratory and personal protective equipment, train workers on the hazards of working with asbestos and ensure that an asbestos assessment is performed by a qualified person. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
The Miami-based contractors have been cited for a total of 14 violations: Newport Property Ventures LLC has been issued citations carrying $36,100 in fines for eight serious and one other than serious violation; Newport Property Construction LLC has been fined $12,600 for two serious violations and Jamesboys Inc. has been issued citations carrying $18,900 in fines for three serious violations.
The San Antonio subcontractors have been cited for a total of 32 violations: Alex Vega doing business as Alco Painting & Remodeling has been issued citations carrying $28,200 in fines for 11 serious violations; Luis Lozada has been issued citations with $20,400 in fines for eight serious violations; Frank Gonzalez has been issued citations with $9,600 in fines for four serious violations; and Clemente Covarrubias, doing business as Knock It Out, has been issued citations with $22,200 in fines for nine serious violations.
Detailed information on asbestos hazards and safeguards is available at http://www.osha.gov/SLTC/asbestos/index.html andhttp://www.osha.gov/SLTC/asbestos/construction.html.
The citations can be viewed at http://www.osha.gov/ooc/citations/alco-painting-283535-0906-12.pdf*
http://www.osha.gov/ooc/citations/alco-painting-472878-0906-12.pdf*
http://www.osha.gov/ooc/citations/clemente-covarrubias-447453-0906-12.pdf*
http://www.osha.gov/ooc/citations/frank-gonzales-447317-0906-12.pdf*
http://www.osha.gov/ooc/citations/james-boy-315630913-0906-12.pdf*
http://www.osha.gov/ooc/citations/luis-lozada-447973-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-constr-283336-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-329062-0906-12.pdf*
http://www.osha.gov/ooc/citations/newport-prop-ventures-448114-0906-12.pdf*.
The companies have 15 business days from receipt of their citations and penalties to comply, request an informal conference with OSHA's area director in San Antonio, or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the San Antonio office at 210-472-5040.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
....
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
More about "Asbestos"
Sep 04, 2012
The Canadian Journal of Medicine had also endorsed a ban on Canadian asbestos production. "Canada's government must put an end to this death-dealing charade. Canada must immediately drop its opposition to placing .
Jul 20, 2012
An increased risk of developing asbestos related disease, including mesothelioma, was identified in a recent study. Asbestos exposure has caused an epidemic of claims for workers' compensation benefits in the United ...
Jun 22, 2012
NJ Attorney General Jeffrey S. Chiesa announced that two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg...
Aug 06, 2012
The US Geological Survey has reported that US consumption of asbestos fiber increased 13% in 2011. Asbestos is a known carcinogen and the cause of mesothelioma, a rare and fatal cancer. The US has yet to ban asbestos ...
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