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

Wednesday, April 15, 2015

It is not "How," It is "When"

Judge David Langham wrote a very enlightening blog post today about how advancing technology is impacting the world and more particularly the workers' compensation arena. As usual, he is right on target with the issue that is going to have the most influence over our changing world.

The Judge mentioned the advent of driverless technology. Ironically, it is national Distracted Driving Awareness Month. If you are driving about the State of New York with a phone in your hand you'll most likely get a ticket for sure this week. The driverless car is already under development with a target for production by major corporations such as Apple by the year 2020. In California Google already has test vehicles on the road.

Tuesday, February 18, 2020

NJ Gov Murphy Announces Legislation to Overhaul New Jersey’s Anti-Workplace Harassment Laws for Public and Private Employers


Division on Civil Rights (DCR) Releases Corresponding Report Following Three Public Hearings Held by DCR and the New Jersey Coalition Against Sexual Assault (NJCASA) in September 2019

Tuesday, November 5, 2013

NJ Garden State Plaza mall gunman investigation ongoing

 Gun violence in the US continues to plague the nation with no end in sight. Today's post is shared from northjersey.com

Police said a “single male” entered Garden State Plaza mall in Paramus at 9:19 p.m. and fired several shots.

Some customers and mall employees were evacuated as police and SWAT teams descended on the area.

A gunman, dressed head-to-toe in black and wearing a black helmet, fired shots in New Jersey's Westfield Garden State Plaza mall in Paramus just before closing time Monday night, witnesses and authorities said.

None of the witness reported seeing anyone hit by the gunfire, and Jim Tedesco, the deputy coordinator of the Bergen County Office of Emergency Management, confirmed late Monday night that no injuries had been reported.

Witnesses described a chaotic scene that unfolded as the sound of gunshots rang out inside the mall just before it was due to close at 9:30 p.m. Authorities ordered shoppers and employees to huddle behind locked doors in the mall’s stores. Many were escorted to safety, but many more — perhaps thousands — remained inside the mall under lockdown orders after midnight, authorities said.

The incident drew hundreds of police officers from across...

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Thursday, April 29, 2010

President Obama Proclaims April 28th Workers Memorial Day


Presidential Proclamation -- Workers Memorial Day

A PROCLAMATION
This year marks the 40th anniversary of both the Occupational Safety and Health Act and the Federal Coal Mine Health and Safety Act, which promise American workers the right to a safe workplace and require employers to provide safe conditions. Yet, today, we remain too far from fulfilling that promise. On Workers Memorial Day, we remember all those who have died, been injured, or become sick on the job, and we renew our commitment to ensure the safety of American workers.
The families of the 29 coal miners who lost their lives on April 5 in an explosion at the Upper Big Branch Mine in West Virginia are in our thoughts and prayers. We also mourn the loss of 7 workers who died in a refinery explosion in Washington State just days earlier, the 4 workers who died at a power plant in Connecticut earlier this year, and the 11 workers lost in the oil platform explosion off the coast of Louisiana just last week.
Although these large-scale tragedies are appalling, most workplace deaths result from tragedies that claim one life at a time through preventable incidents or disabling disease. Every day, 14 workers are killed in on-the-job incidents, while thousands die each year of work-related disease, and millions are injured or contract an illness. Most die far from the spotlight, unrecognized and unnoticed by all but their families, friends, and co-workers -- but they are not forgotten.
The legal right to a safe workplace was won only after countless lives had been lost over decades in workplaces across America, and after a long and bitter fight waged by workers, unions, and public health advocates. Much remains to be done, and my Administration is dedicated to renewing our Nation's commitment to achieve safe working conditions for all American workers.
Providing safer work environments will take the concerted action of government, businesses, employer associations, unions, community organizations, the scientific and public health communities, and individuals. Today, as we mourn those lost mere weeks ago in the Upper Big Branch Mine and other recent disasters, so do we honor all the men and women who have died on the job. In their memory, we rededicate ourselves to preventing such tragedies, and to securing a safer workplace for every American.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 28, 2010, as Workers Memorial Day. I call upon all Americans to participate in ceremonies and activities in memory of those who have been killed due to unsafe working conditions.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of April, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.

Monday, August 18, 2014

State Sen. Leland Yee allegedly solicited bribes for NFL Workers’ Compensation Law

The NFL controversy involving workers' compensation claims continues to heat up. Today's post by Brett Gowen of the California Bar is shared from fbgslaw.com
Brett Gowen


As part of the ongoing saga of State Senator Leland Yee, a new charge for racketeering was given by a federal grand jury. As part of the indictment, Sen. Yee allegedly solicited $60,000 for Yee’s vote and another senator’s vote on a bill dealing with limiting workers’ compensation benefits for NFL players. According to the indictment, Sen. Yee believed the money would be paid by a NFL team owner according to an LA Times article.

Attorney, Melissa Brown at Fraulob Brown Gowen & Snapp, has a connection to the NFL and their treatment of injured players. Ms. Brown was retained as an expert witness for the NFL Players’ Association at an arbitration hearing involving a workers’ compensation law dispute with NFL owners. The arbitration, and the flurry of lawsuits involving NFL injuries, is part of the growing recognition of the impact the game has on the long-term health of the players. 

Tuesday, December 26, 2017

Workers’ Compensation and Judicial Discretion - Unpublished Decision

Even if something looks, sound and smells correct, judges must use their discretion within the bounds of due process restrictions. The road to final justice in workers’ compensation can sometimes be a long one.

Friday, October 5, 2012

October Is National Disability Awareness Month


Presidential Proclamation -- National Disability Employment Awareness Month, 2012

NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH, 2012
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
In the 22 years since the signing of the Americans with Disabilities Act, we have made significant progress in giving all Americans the freedom to make of our lives what we will. Yet, in times of prosperity as well as challenge, people with disabilities have had fewer opportunities in our workplaces than those without. As we work to revitalize our economy, it is essential that each of us can bring our talents, expertise, and passion to bear in the marketplace. But a stronger economy is not enough; we must ensure not only full participation, but also full opportunity. During National Disability Employment Awareness Month, we recognize the indispensable contributions people with disabilities make in our economy and recommit to building a country where each of us can realize the full extent of our dreams.
Because America's workforce should reflect the diversity of its people -- including people with disabilities -- my Administration remains committed to helping our businesses, schools, and communities support our entire workforce. To meet this challenge, the Federal Government must be a model employer. That is why I was proud to sign an Executive Order in 2010 that called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. In 2012, the Office of Personnel Management reported on our progress, revealing that we are moving toward meeting our goal of hiring an additional 100,000 people with disabilities into the Federal workforce over 5 years. Today, more people with disabilities work for the Federal Government than at any time in the past 20 years, and we are striving to make it easier to get and keep those jobs by improving compliance with Section 508 of the Rehabilitation Act.
All Americans are entitled to an accessible workplace, a level playing field, and the same privileges, pursuits, and opportunities as any of their family, friends, and neighbors. This month, let us rededicate ourselves to bringing down barriers and raising up aspirations for all our people, regardless of disability, so we may share in a brighter future together.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2012 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents
and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of October, in the year of our Lord two thousand twelve, and of the Independence of the United States of America the two hundred and thirty-seventh.
BARACK OBAMA

Friday, May 27, 2016

Memorial Day - 2016

President and Mrs. Hoover lead nation in observing Memorial Day. The National Capital, led by President and Mrs. Hoover, on Memorial Day 1929, paid tribute to America's dead heroes of 4 wars at Arlington National Cemetary. President Hoover is shown placing a wreath on the tomb of America's Unknown Soldier. Following the Chief Executive Mrs.Hoover placed a bunch of white carnations on the tomb. 
Source Library of Congress

"The price of freedom is eternal vigilance.” 
– President Thomas Jefferson

Thursday, April 28, 2011

Presidential Proclamation -- Workers Memorial Day

Official presidential portrait of Barack Obama...Image via Wikipedia

A PROCLAMATION

This year marks the 40th anniversary of both the Occupational Safety and Health Act and the Federal Coal Mine Health and Safety Act, which promise American workers the right to a safe workplace and require employers to provide safe conditions. Yet, today, we remain too far from fulfilling that promise. On Workers Memorial Day, we remember all those who have died, been injured, or become sick on the job, and we renew our commitment to ensure the safety of American workers.
The families of the 29 coal miners who lost their lives on April 5 in an explosion at the Upper Big Branch Mine in West Virginia are in our thoughts and prayers. We also mourn the loss of 7 workers who died in a refinery explosion in Washington State just days earlier, the 4 workers who died at a power plant in Connecticut earlier this year, and the 11 workers lost in the oil platform explosion off the coast of Louisiana just last week.
Although these large-scale tragedies are appalling, most workplace deaths result from tragedies that claim one life at a time through preventable incidents or disabling disease. Every day, 14 workers are killed in on-the-job incidents, while thousands die each year of work-related disease, and millions are injured or contract an illness. Most die far from the spotlight, unrecognized and unnoticed by all but their families, friends, and co-workers -- but they are not forgotten.
The legal right to a safe workplace was won only after countless lives had been lost over decades in workplaces across America, and after a long and bitter fight waged by workers, unions, and public health advocates. Much remains to be done, and my Administration is dedicated to renewing our Nation's commitment to achieve safe working conditions for all American workers.
Providing safer work environments will take the concerted action of government, businesses, employer associations, unions, community organizations, the scientific and public health communities, and individuals. Today, as we mourn those lost mere weeks ago in the Upper Big Branch Mine and other recent disasters, so do we honor all the men and women who have died on the job. In their memory, we rededicate ourselves to preventing such tragedies, and to securing a safer workplace for every American.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 28, 2010, as Workers Memorial Day. I call upon all Americans to participate in ceremonies and activities in memory of those who have been killed due to unsafe working conditions.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of April, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fourth.
BARACK OBAMA

Monday, February 14, 2022

NJ Division of Workers' Compensation to Go Forward With In-Person Hearings

The New Jersey Division of Workers' Compensation [DWC] has announced that it will go forward with in-person hearings effective March seven 2022. 

Friday, August 9, 2013

Plaintiffs’ expert in lead paint trial says industry took responsibility for public health

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

Markowitz

Markowitz

SAN JOSE, Calif. (Legal Newsline) – Manufacturers of lead based pigments and paints were aware of the dangers lead exposure posed nearly 100 years ago, but promoted them anyway, according to testimony from the latest expert witness in a public lawsuit against current owners of former lead paint and pigment manufacturing companies.

Dr. Gerald Markowitz, a historian and professor at City University of New York, blamed a deregulation principle that allowed paint companies to continue mixing lead in paint for generations, despite known and documented health hazards within the paint industry.

“There was a firm belief in the U.S. up until very recently that regulation of toxic substances, except in food, should not be regulated,” Markowitz said. “It was a firm belief within (the) industry that they had responsibility rather than government to protect the workforce and protect the public.”

Markowitz testified at trial Wednesday in a case brought by 10 cities and counties in California, including Los Angeles County and the cities of San Diego and San Francisco, against companies and parent companies of one-time lead-based paint makers. The plaintiffs want the companies to pay for the cost of eliminating lead paint from homes in their jurisdictions. Defendants include The Sherwin-Williams Company, ConAgra Grocery Products, DuPont and Atlantic Richfield Company.

The People of California v. Atlantic Richfield Company et al is being heard...

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Monday, November 4, 2013

Truck driver was looking at phone in deadly crash

Distracted driving continues to be a constant cause of accidents in the workplace. Workers' compensation laws and policies have not been modified to encourage the non-use of cellphones. Federal legislation on the other hand outlaws their use. Today's post is shared from azcentral.com

The semi-truck that crashed into several police and fire vehicles, killing an Arizona Department of Public Safety officer in early May, was “tossing cars around like they were toys,” according to one witness statement.
Officer Tim Huffman, 47, was killed on May 6 while investigating an earlier crash on Interstate 8, about 40 miles east of Yuma. An 18-wheeler driven by Jorge Espinoza, 33, had plowed into Huffman’s patrol car and several other vehicles at about 5 p.m.
Espinoza, who faces 20 felony charges including second-degree murder, was on his cell phone at the time of the collision, according to 600 pages of case files obtained by The Arizona Republic on Friday.
The documents and a video from an in-dash camera revealed that Espinoza was on Facebook looking at pictures of provocatively dressed women at the time of the wreck.
Espinoza, who pleaded not guilty in June, told police he was looking over his shoulder at a passing truck when suddenly he felt the violent jolt from the crash. Espinoza was not injured.
He told police he never saw the multiple DPS and fire department vehicles on the roadway, or an officer frantically waving his arms trying to get his attention before he jumped out of the way.

Friday, April 5, 2019

A Surge in Groundskeeper/Landscaper Cancer Claims Foreseeable

The second jury verdict that occurred in California against Monsanto/Bayer for cancer arising out of exposure to Roundup that contained glyphosate may foreshadow a surge in workers’ compensation cancer claims for groundskeepers and landscapers.

Wednesday, March 24, 2021

UCSF and Johns Hopkins University Launch Digital Trove of Opioid Industry Documents

The University of California, San Francisco (UCSF) and Johns Hopkins University today announced the launch of the Opioid Industry Documents Archive, a digital repository of publicly disclosed documents from recent judgments, settlements, and ongoing lawsuits concerning the opioid crisis.

Friday, July 3, 2015

NJ Senate Passes Workers' Compensation Collective Bargaining Legislation

The NJ Senate passed an historic legislative proposal that will change the way benefits are delivered in work related injuries in NJ. S2447 provides for a collective bargaining arrangement that allows for delivery of benefits without the necessity of formal intervention before the NJ Division of Workers' Compensation, that will however remain an option in the process. 

As amended, this bill permits, but does not require, groups of employers establishing or participating in Taft-Hartley trust funds to purchase workers’ compensation insurance as a group or to apply to the Commissioner of Banking and Insurance for approval to enter into agreements to pool their workers' compensation liabilities for the purpose of qualifying as members of a group plan for self-insurance. A "Taft-Hartley trust fund" is a labor-management, jointly administered fund established by collective bargaining to provide employee benefits such as medical benefits or pensions.

Sunday, June 30, 2013

President Obama Tightens Bangladesh Trade Over Worker Safety Issues

TO MODIFY DUTY-FREE TREATMENT UNDER THE
GENERALIZED SYSTEM OF PREFERENCES AND FOR OTHER PURPOSES
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
1. Section 502(b)(2)(G) of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C.
2462(b)(2)(G)), provides that the President shall not designate any country a beneficiary developing country under the Generalized System of Preferences (GSP) if such country has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country (including any designated zone in that country). Section 502(d)(2) of the 1974 Act (19 U.S.C. 2462(d)(2)) provides that, after complying with the requirements of section 502(f)(2) of the 1974 Act (19 U.S.C. 2462(f)(2)), the President shall withdraw or suspend the designation of any country as a beneficiary developing country if, after such designation, the President determines that as the result of changed circumstances such country would be barred from designation as a beneficiary developing country under section 502(b)(2) of the 1974 Act. Section 502(f)(2) of the 1974 Act requires the President to notify the Congress and the country cocerned at least 60 days before terminating its designation as a beneficiary developing country for purposes of the GSP.
2. Having considered the factors set forth in section 502(b)(2)(G) and providing the notification called for in section 502(f)(2), I have determined pursuant to section 502(d) of the 1974 Act, that it is appropriate to suspend Bangladesh's designation as a GSP beneficiary developing country because it has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country. In order to reflect the suspension of Bangladesh's status as a beneficiary developing country under the GSP, I have determined that it is appropriate to modify general notes 4(a) and 4(b)(i) of the Harmonized Tariff Schedule of the United States (HTS).
3. Section 503(c)(2)(A) of the 1974 Act provides that beneficiary developing countries, except those designated as least-developed beneficiary developing countries or beneficiary sub-Saharan African countries as provided in section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to competitive need limitations on the preferential treatment afforded under the GSP to eligible articles.
4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2012 certain beneficiary developing countries exported eligible articles in quantities exceeding
the applicable competitive need limitations, and I therefore terminate the duty-free treatment for such articles from such beneficiary developing countries.
5. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(i)) provides that the President may disregard the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article from any beneficiary developing country, if the aggregate appraised value of the imports of such article into the United States during the preceding calendar year does not exceed an amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
6. Pursuant to section 503(c)(2)(F)(i) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect to certain eligible articles from certain beneficiary developing countries.
7. Section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) provides that the President may waive the application of the competitive need limitations in section 503(c)(2) of the 1974 Act with respect to any eligible article from any beneficiary developing country if certain conditions are met.
8. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice of the United States International Trade Commission on whether any industry in the United States is likely to be adversely affected by waivers of the competitive need limitations provided in section 503(c)(2), and I have determined, based on that advice and on the considerations described in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2462(c)) and after giving great weight to the considerations in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such waivers are in the national economic interest of the United States. Accordingly, I have determined that the competitive need limitations of section 503(c)(2) of the 1974 Act should be waived with respect to certain eligible articles from certain beneficiary developing countries.
9. Section 503(d)(4)(B)(ii) of the 1974 Act (19 U.S.C. 2463(d)(4)(B)(ii)) provides that the President should revoke any waiver of the application of the competitive need limitations that has been in effect with respect to an article for 5 years or more if the beneficiary developing country has exported to the United States during the preceding calendar year an amount that exceeds the quantity set forth in section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of the 1974 Act (19 U.S.C. 2463(d)(4)(B)(ii)(I) and 19 U.S.C. 2463(d)(4)(B)(ii)(II)).
10. Pursuant to section 503(d)(4)(B)(ii) of the 1974 Act, I have determined that in 2012 certain beneficiary developing countries exported eligible articles for which a waiver has been in effect for 5 years or more in quantities exceeding the applicable limitation set forth in section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of the 1974 Act, and I therefore revoke said waivers.
11. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the HTS the substance of the relevant provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including removal, modification, continuance, or imposition of any rate of duty or other import restriction.
12. Presidential Proclamation 6763 of December 23, 1994, implemented the trade agreements resulting from the Uruguay Round of multilateral negotiations, including Schedule XX—United States of America, annexed to the Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994 (Schedule XX). In order to maintain the intended tariff treatment for certain products covered in Schedule XX, I have determined that technical corrections to the HTS are necessary.
13. Presidential Proclamation 7011 of June 30, 1997, implemented modifications of the World Trade Organization Ministerial Declaration on Trade in Information Technology Products (the "ITA") for the United States. Products included in Attachment B to the ITA are entitled to duty-free treatment wherever classified. Presidential Proclamation 8840 of June 29, 2012, implemented certain technical corrections are necessary to the HTS in order to maintain the intended tariff treatment for certain products covered in Attachment B. I have determined that certain additional technical corrections are necessary to conform the HTS to the changes made by Presidential Proclamation 8840.
14. Presidential Proclamation 8818 of May 14, 2012, implemented U.S. tariff commitments under the United States-Colombia Trade Promotion Agreement and incorporated by reference Publication 4320 of the United States International Trade Commission, entitled "Modifications to the Harmonized Tariff Schedule of the United States to Implement the United States-Colombia Trade Promotion Agreement." Presidential Proclamation 8894 of October 29, 2012, made modifications to the HTS to correct technical errors and omissions in Annexes I and II to Publication 4320. I have determined that a modification is necessary to correct an additional omission.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to title V and section 604 of the 1974 Act, do proclaim that:
(1) The designation of Bangladesh as a beneficiary developing country under the GSP is suspended on the date that is 60 days after the date this proclamation is published in the Federal Register.
(2) In order to reflect the suspension of benefits under the GSP with respect to Bangladesh, general notes 4(a) and 4(b)(i) of the HTS are modified as set forth in section A of Annex I to this proclamation by deleting "Bangladesh" from the list of independent countries and least developed countries, effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 60 days after the date this proclamation is published in the Federal Register.
(3) In order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the GSP, the Rates of Duty 1–Special subcolumn for the corresponding HTS subheadings and general note 4(d) of the HTS are modified as set forth in sections B and C of Annex I to this proclamation.
(4) The modifications to the HTS set forth in sections B and C of Annex I to this proclamation shall be effective with respect to the articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in the relevant sections of Annex I.
(5) The competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the eligible articles in the HTS subheadings and to the beneficiary developing countries listed in Annex II to this proclamation.
(6) A waiver of the application of section 503(c)(2) of the 1974 Act shall apply to the articles in the HTS subheadings and to the beneficiary developing countries set forth in Annex III to this proclamation.
(7) In order to provide the intended tariff treatment to certain products as set out in Schedule XX, the HTS is modified as set forth in section A of Annex IV to this proclamation.
(8) In order to conform the HTS to certain technical corrections made to provide the intended tariff treatment to certain products as set out in the ITA, the HTS is modified as set forth in section B of Annex IV to this proclamation.
(9) In order to provide the intended tariff treatment to certain goods from Colombia, the HTS is modified as set forth in section C of Annex IV to this proclamation.
(10) The modifications to the HTS set forth in Annex IV to this proclamation shall be effective with respect to the articles entered, or withdrawn from warehouse for consumption, on or after the dates set forth in the relevant sections of Annex IV.
(11) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of June, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.
BARACK OBAMA

Saturday, June 30, 2018

Insufficient Evidence: When "A Lot" is Not Enough

A Judge of Compensation's opinion must be supported by objective medical evidence and not merely based upon an inadmissible net opinion of a medical expert.

Sunday, November 17, 2013

A Framework for Reducing Suffering in Health Care

Today's post was shared by NEJM and comes from blogs.hbr.org

Patients suffer — predictably and so obviously that they bring clichés to life. They wince with pain. They shudder with fear. They lose sleep because of anxiety and confusion.  And, as they suffer, they turn to medicine for help. But medicine, increasingly, has not provided them with relief.

A century ago, little could be done to alter the course of disease, but clinicians understood suffering and their role in addressing it. They acknowledged it, they gave drugs to relieve pain, and they took the time to bear witness to what their patients were enduring. But in recent decades, spectacular medical progress has made many diseases treatable, and some even curable. Super-specialized physicians learned how to attack disease in various organs systems, and fatalism has gone out of fashion. Much good has resulted from that aggressiveness and the narrowed focus of clinicians — but patients’ suffering has been pushed from center stage into the background. Suffering still goes on, of course, but it is often overlooked. Perhaps it is overlooked because clinicians are so busy focusing on the technical details of care, or perhaps it is due to their uncertainty about how to respond. In fact, the profession so systematically avoids acknowledging suffering that medical journals don’t even use the term to describe a patient’s experience. Compliance rates may be said to “suffer,” but not patients. (See Thomas H. Lee’s essay...

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