Industry Spokesperson Declares Need for a National Workers' Compensation Law

At an industry based conference in Florida, Terry Fleming, Risk and Management Society's vice president, spoke for the need of a national workers' compensation program with a foundation of a unified benefit structure. Fleming declared that the workers' compensation program which was enacted in 1911 "is dead or dying."

The National Workers' Compensation Education Conference was presented by the Florida Workers' Compensation Institute in partnership with the National Underwriter Company.

AAJ Comments that Medicare Set-Asides Only Recommend

The American Association for Justice issued a statementt that Medicare Set Aside Agreements were only "recommended" by CMS in workers' compensation claims. In interpreting the reporting requirements of Section 111 Medicare, Medicaid & SCHIP Act of 2007 (MMSEA), Public Law No. 110-173, AAJ declared that there no shift of responsibility that would mandate Set Aside Agreements in liability claims.

For more information on Set Aside Agreements visit the Workers' Compensation Blog.

NJ Supreme Court Advance Notice On Mandatory Continuing Legal Education

While the NJ Supreme Court has yet to take final action on The Final Report of the Supreme Court’s Ad Hoc Committee on Continuing Legal Education, it has issued an advance notice on the validity of credits for courses taken after January 1, 2009.

"To ensure that attorneys continue to participate in continuing legal education programs while the Committee’s Final Report is pending, the Court has determined to provide advance notice that any new continuing legal education program that may be adopted by the Court pursuant to the Committee’s recommendations will grant credit for certain qualifying continuing legal education courses taken after January 1, 2009."

Reminder: The Hot Topics in Workers' Compensation 2009 Seminar is October 7, 2009.

US EPA Cites Vermont Companies for Asbestos Removal

A Vermont company was cited by the US EPA for failing to test for asbestos. The company had been demolishing a building and failed to first test for the presence of asbestos fiber. The companies involved could face a penalty of nearly $30,000 for alleged violations of the Clean Air Act and the National Emission Standard for Hazardous Air Pollutants for Asbestos.

"The federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants for Asbestos (Asbestos NESHAP) require owners and operators of demolition and renovation operations to follow certain inspection and notification requirements prior to beginning such operations, and to abide by specific work practice and waste disposal requirements when the owners and operators identify the presence of regulated asbestos-containing material."

Ingestion and inhalation of asbestos fibers is a known cause of lung cancer, asbestosis and mesothelioma.

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For further reference on asbestsos exposure visit the Workers' Compensation Blog.

Employer Responsibility in the Flu Pandemic

The threat of the spread of flu this fall in the US is a major concern to infectious disease specialists. Healthcare workers are extremely apprehensive as the disease is beginning to spread and employers have not instituted adequate protections for workers.

In the US alone there have been 6,506 hospitalizations of H1N1 Flu patients. The CDC has reported that there have been 436 reported to date because of the novel flu infection. The World Health Organization (WHO) declared the virus a Phase-6 pandemic, the highest level of concern. Over 1,154 deaths have been reported worldwide.

The CDC has issued an Interim Guidance for controlling the spread of infection in healthcare facilities including hospitals, long-term care and outpatient facilities and other settings where healthcare is provided.

Healthcare workers have rallied to protest the firing of a co-worker who disclosed that a healthcare facility was not taken appropriate action to prevent the spread of flu at its work site. The major national unions in April 2009 warned in a report that employers were not taking adequate precautions to protect healthcare workers.

Most recently a task force of the Institute of Medicine (IOM) charged with the responsibility of making recommendations on how to protect workers from the H1N1 flu heard evidence that actions by employers could reduce the spread of the disease. It was reported the use of N95 masks provided 75% protection against lab-confirmed flu.

Workers' remedies from the residuals of the illness have now been limited. The Federal vaccination compensation program will shield the vaccine makers from liability claims. Employers will be protected against civil law suits by the exclusivity provisions of the workers' compensation system. Workers' Compensation does not encompass a roll in prevention of disease. OSHA has alerted employers to take action, but cannot compel them to do so.

It is time for employers to act to prevent unnecessary illness and death in the workplace. Simple educational and enforcement actions by employers will go along way to protect workers from the consequences of this unprecedented pandemic. While time is short and the clock is ticking away as the US flu season formally approaches, time still remains for employers to act and mandate protocols and procedures that will prevent the spread of the disease and will save lives.

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For more on workers compensation and the flu pandemic visit the Workers' Compensation Blog.

NJ Work Comp 2010 rates jumps up 2.7%

It has been announced that the NJ maximum workers' compensation rate will bounce up to a new maximum rate of of $794 per week in 2010. The rate in maximum rate in 2009 was was $773 per week. The rate is mandated by statute and changes yearly. It is calculated from the the State Average Weekly Wage (SAWW) for the year prior.

Federal Summit Planned for Distracted Driving

The problem of the increase in accidents on the road caused by distracted drivers will now be the subject of a Federal summit. U.S. Transportation Secretary Ray LaHood has announced a summit in Sate September.

“If it were up to me, I would ban drivers from texting, but unfortunately, laws aren’t always enough,” said Sec. LaHood. “We’ve learned from past safety awareness campaigns that it takes a coordinated strategy combining education and enforcement to get results. That’s why this meeting with experienced officials, experts and law enforcement will be such a crucial first step in our efforts to put an end to distracted driving.”

Yet to be determined is how this new concern will impact State Workers' Compensation programs.